Connecticut § 52-146e - Disclosure of communications.

§ 52-146e. Disclosure of communications.

Sec. 52-146e. Disclosure of communications. (a) All communications and records as defined in section 52-146d shall be confidential and shall be subject to the provisions of sections 52-146d to 52-146j, inclusive. Except as provided in sections 52-146f to 52-146i, inclusive, no person may disclose or transmit any communications and records or the substance or any part or any resume thereof which identify a patient to any person, corporation or governmental agency without the consent of the patient or his authorized representative.

(b) Any consent given to waive the confidentiality shall specify to what person or agency the information is to be disclosed and to what use it will be put. Each patient shall be informed that his refusal to grant consent will not jeopardize his right to obtain present or future treatment except where disclosure of the communications and records is necessary for the treatment.

(c) The patient or his authorized representative may withdraw any consent given under the provisions of this section at any time in a writing addressed to the person or office in which the original consent was filed. Withdrawal of consent shall not affect communications or records disclosed prior to notice of the withdrawal.

(1969, P.A. 819, S. 2, 3; P.A. 82-160, S. 65.)

History: P.A. 82-160 rephrased and reorganized section.

Cited. 169 C. 223. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 190 C. 813; 191 C. 453; 192 C. 166; 197 C. 326; 199 C. 693. Before privilege is applied, court should conduct voir dire for purpose of determining existence of impeaching evidence in order to protect constitutional right of confrontation. 201 C. 211. Cited. Id., 244; 205 C. 386; 211 C. 555; 212 C. 50; 217 C. 243; 218 C. 85; 221 C. 447; 223 C. 450; 225 C. 450; Id., 700; 228 C. 1; 230 C. 43; 235 C. 185; Id., 595; 236 C. 514; Id., 625; 238 C. 313; 242 C. 666. Statute reflects public policy against suit by patient's former spouse. 250 CA 86. Legislative intent was not to give courts discretion to override privileged communication. 254 C. 321. Broad sweep of statute covers not only disclosure to defendant or his counsel, but also disclosure to a court even for the limited purpose of an in camera examination; section does not impose an obligation on the holder of privilege to state expressly to whom the records cannot be disclosed, rather, statute indicates that the holder of privilege must state in writing to whom the documents may be disclosed and for what purpose; there is no authority to support the proposition that defendant has a right, even when the complaining witness' credibility is central to the case, to have her confidential records produced directly to him. 289 C. 411. Medical and dental records created by an inpatient mental health facility during the treatment of a patient are exempt from disclosure under section. 318 C. 769. A trial court, in certain circumstances, may be constitutionally required to review in camera privileged psychiatric records of a homicide victim to determine whether information contained therein supports accused's claim of self-defense, provided the accused first demonstrates a compelling need for the privileged records, predicated on the relevance of the records to the self-defense claim, the potential significance of the records in establishing that defense, and the unavailability of alternative sources of information. 326 C. 742.

Psychiatric patient privilege and defendant's right to confrontation discussed. 1 CA 384. Cited. 8 CA 216; 10 CA 103. Psychiatrist-patient privilege cannot be overridden by provisions of Sec. 19a-14(a)(10). 14 CA 552. Cited. 15 CA 222; 17 CA 174; 18 CA 273; 19 CA 304; 20 CA 101; 24 CA 287; 25 CA 653; judgment reversed, see 223 C. 52; 30 CA 839; 33 CA 253; Id., 647; 35 CA 94; judgment reversed, see 235 C. 185. Need for information to institute claim creates compelling countervailing interest that requires disclosure of limited information. 50 CA 694. Cited. 52 CA 408.