§ 9-17-24. Privileged communications to and information obtained by health care providers.
In every legal action, both civil and criminal, no health care provider shall be competent
to testify concerning any information obtained about a patient, nor shall he or she
be required to produce any documentary evidence obtained about a patient, in the course
of the customary professional health care relationship, without the consent of the
patient, his or her legal guardian, or, if the patient is deceased, his or her next-of-kin,
executor, or administrator. No health care provider shall be allowed in giving testimony
to disclose any confidential communicat
Free access — add to your briefcase to read the full text and ask questions with AI
§ 9-17-24. Privileged communications to and information obtained by health care providers.
In every legal action, both civil and criminal, no health care provider shall be competent
to testify concerning any information obtained about a patient, nor shall he or she
be required to produce any documentary evidence obtained about a patient, in the course
of the customary professional health care relationship, without the consent of the
patient, his or her legal guardian, or, if the patient is deceased, his or her next-of-kin,
executor, or administrator. No health care provider shall be allowed in giving testimony
to disclose any confidential communication or health care information, properly entrusted
to him or her in his or her professional capacity and within the customary health
care relationship, and necessary and proper to enable him or her to discharge medical
duties in the usual course of practice, without the consent of the patient, his or
her legal guardian, or, if the patient is deceased, his or her next-of-kin, executor,
or administrator. Notwithstanding the foregoing, a health care provider may be required
to testify or produce documentary evidence regarding the medical condition of a patient:
(1) When a patient raises his or her own medical condition in a legal action;
(2) When a court determines that disclosure of health care information about a person
is necessary to a determination of the perceptual capacity of that person as a witness
in a legal proceeding and that information is unavailable from any source other than
a health care provider;
(3) When a court orders or the parties to a legal action agree to a medical evaluation
of a party or witness by a health care provider in order to facilitate the resolution
of the legal action;
(4) When the question of the competence of a decedent is at issue before the court; or
(5) When consent is not required pursuant to chapter 37.3 of title 5; provided, however, that any such information shall not be admissible in any proceeding
against the patient to whom the information pertains.