§ 32 §18393 — Confidentiality

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
General rule of privilege.
A patient has a privilege to refuse to disclose and to prevent another person from disclosing confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional conditions, including substance use disorder, among the patient, the patient's dentist and persons who are participating in the diagnosis or treatment under the direction of the dentist, including members of the patient's family.
3.
Who may claim the privilege.
The privilege under subsection 2 may be claimed by the patient, by the patient's guardian or conservator or by the personal representative of a deceased patient. The dentist or dental auxiliary at the time of the communication is presumed to have authority to claim the privilege, but only on behalf of the patient.
4.
Exceptions.
Notwithstanding any other provision of law, the following are exceptions to the privilege under subsection 2.

Legislative History

PL 2015, c. 429, §21 (NEW). PL 2017, c. 407, Pt. A, §149 (AMD).