Colorado § 19-3-311 - Evidence not privileged.

§ 19-3-311. Evidence not privileged.

(1) The incident of privileged communication between patient and physician, between patient and registered professional nurse, or between any person licensed pursuant to article 245 of title 12, or certified or licensed school psychologist and client, which is the basis for a report pursuant to section 19-3-304, shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3. In addition, privileged communication shall not apply to any discussion of any future misconduct or of any other past misconduct that could be the basis for any other report under section 19-3-304.

(2) The privileged communication between husband and wife shall not be a ground for excluding evidence in any judicial proceeding resulting from a report pursuant to this part 3.

Source: L. 87: Entire title R&RE, p. 771, § 1, effective October 1. L. 89: Entire section amended, p. 699, § 6, effective June 7. L. 90: Entire section amended, p. 1024, § 3, effective July 1. L. 2008: (1) amended, p. 1893, § 65, effective August 5. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1682, § 113, effective October 1.

Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in § 19-10-112 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Marital privilege inapplicable. The marital privilege cannot be invoked to exclude a spouse's testimony in a case involving child abuse. People v. Corbett, 656 P.2d 687 (Colo. 1983).

Prior to 1989 amendment, plain language of this section did not abolish psychologist-patient privilege for communications between social worker and client concerning child abuse or neglect. People v. Bowman, 812 P.2d 725 (Colo. App. 1991).

Psychologist-patient privilege was not abrogated under this section where the provisions of this section do not concern communications relating to ongoing treatment of the victim and where the privilege is abrogated only with respect to information that is the basis for a report of suspected child abuse under § 19-3-304. People v. Dill, 904 P.2d 1367 (Colo. App. 1995), aff'd, 927 P.2d 1315 (Colo. 1996).

Testimony of psychologist concerning report of alleged child abuse filed with law enforcement was not a waiver of the psychologist-patient privilege because this section abrogates that privilege. Dill v. People, 927 P.2d 1315 (Colo. 1996).