Privileged Communication Between Health Care Provider and Patient

Note:

Changes in the laws, rules and regulations since the 2001 edition of the LSBEP Directory and Statutory Reference book appear in boldface type in this 2002 edition.

Privileged Communication Between Health Care Provider and Patient, LA R.S. 13:3734

§3734. Privileged communication between health care provider and patient

A. As used in this Part:

(1) “Health care provider” means a hospital, as defined in Paragraph (3) hereof, and means a person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, hospital, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physcial therapist, psychologist, or licensed professional counselor and an officer, employee, or agent thereof acting in the course and scope of his employment.

(2) “Patient” means a natural person who receives health care from a licensed health care provider.

(3) “Hospital” means any hospital as defined in R.S. 40:2102; any “Nursing home” or “home” as defined in R.S. 40:2009.2; or any health care provider’s offices or clinics containing facilities for the examination, diagnosis, treatment or care of human illness.

(4) “Representative” means the spouse, parent, tutor, curator, trustee, attorney or other legal agent of the patient.

(5) “Communication” means the acquiring, recording or transmittal, of any information in any manner whatsoever, concerning any facts, opinions or statements necessary to enable the health care provider to diagnose, treat, prescribe or to act for the patients; said communications may include, but are not limited to any and all medical records, office records, hospital records, charts, correspondence, memoranda, laboratory tests and results, x-rays, photographs, financial statements, diagnoses and prognoses.

B. In non-criminal proceedings, testimonial privileges, exceptions, and waiver with respect to communications between a health care provider and his patient are governed by the Louisiana Code of Evidence.

C. If any health care provider reasonably believes in good faith that any civil proceeding enumerated in Louisiana Evidence Code Article 510(B)(2)(a) or (b) has been or may be instituted by, or on behalf of any patient, the health care provider may disclose any communication acquired by him which was necessary to enable him to diagnose, treat, prescribe, or act for such patient.

D. An action or proceeding described in Louisiana Evidence Code Article 510(B)(2) which constitutes an exception for a health care provider to testify at a trial on the merits also shall be for purposes of any discovery method authorized by Article 1421 et seq. of the Louisiana Code of Civil Procedure.

E. Nothing in this Section shall preclude the health care provider from disclosing privileged information by medical report either before or after any legal proceedings are instituted, provided that he is in receipt of a written authorization executed by the patient. Furthermore, when a patient is represented by an attorney and that attorney provides the health care provider with written authorization executed by the patient, the health care provider may disclose to the attorney any communication which was necessary to enable him to diagnose, treat, prescribe, or act for the patient and may provide to the attorney, as agent for the patient, any medical reports, x-rays, or any other written information the health care provider has regarding the patient, all without the necessity of complying with formal discovery.

F. (1) In addition to any other provision of law permitting the subpoena of health care provider records, a party may obtain the health care provider records and communications, defined by Paragraph (5) of Subsection A, of a patient to the extent permitted by Louisiana Code of Evidence Article 510(B)(2)(j) pursuant to a lawful subpoena, summons, or court order served upon the custodian of records of the health care provider, only if the custodian or recorder is furnished by the person requesting the subpoena, summons, or court order with an affidavit that such subpoena, summons, or court order has also been personally served upon the patient, or upon his counsel of record, whose records are sought at least ten days prior to the date on which the records are to be disclosed, and the custodian of records for the health care provider has not received notice that the patient has taken appropriate legal action to restrain the release of the records.