CHAPTER 899*
EVIDENCE

      Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify. (a) Subpoenas for witnesses shall be signed by the clerk of the court or a commissioner of the Superior Court and shall be served by an officer, indifferent person or, in any criminal case in which a defendant is represented by a public defender or special assistant public defender, by an investigator of the Division of Public Defender Services. The subpoena shall be served not less than eighteen hours prior to the time designated for the person summoned to appear, unless the court orders otherwise.

      (b) Any subpoena summoning a police officer as a witness may be served upon the chief of police or any person designated by the chief of police at the appropriate police station who shall act as the agent of the police officer named in the subpoena. Service upon the agent shall be deemed to be service upon the police officer.

      (c) Any subpoena summoning a correctional officer as a witness may be served upon a person designated by the Commissioner of Correction at the correctional facility where the correctional officer is assigned who shall act as the agent of the correctional officer named in the subpoena. Service upon the agent shall be deemed to be service upon the correctional officer.

      (d) Subpoenas for witnesses summoned by the state, including those issued by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity may contain this statement: "Notice to the person summoned: Your statutory fees as witness will be paid by the clerk of the court where you are summoned to appear, if you give the clerk this subpoena on the day you appear. If you do not appear in court on the day and at the time stated, or on the day and at the time to which your appearance may have been postponed or continued by order of an officer of the court, the court may order that you be arrested."

      (e) If any person summoned by the state, or by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity, by a subpoena containing the statement as provided in subsection (d), or if any other person upon whom a subpoena is served to appear and testify in a cause pending before any court and to whom one day's attendance and fees for traveling to court have been tendered, fails to appear and testify, without reasonable excuse, he shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved; and the court or judge, on proof of the service of a subpoena containing the statement as provided in subsection (d), or on proof of the service of a subpoena and the tender of such fees, may issue a capias directed to some proper officer to arrest the witness and bring him before the court to testify.

      (f) Any subpoena summoning a physician as a witness may be served upon the office manager or person in charge at the office or principal place of business of such physician who shall act as the agent of the physician named in the subpoena. Service upon the agent shall be deemed to be service upon the physician.

      (1949 Rev., S. 7866; March, 1958, P.A. 27, S. 63; 1961, P.A. 378; 517, S. 41; 1967, P.A. 392; 1971, P.A. 127; P.A. 79-11; P.A. 82-160, S. 59; P.A. 84-141; P.A. 88-25; P.A. 94-30; P.A. 03-19, S. 117; 03-224, S. 9.)

      History: 1961 acts deleted obsolete provisions for signing subpoenas and issuance of capias by justices of the peace and increased fine from five to not more than twenty-five dollars; 1967 act clarified section by adding provisions re contents of subpoena statement and re issuance of capias by court or judge "on proof of the service of a subpoena containing the aforesaid statement"; 1971 act added references to subpoenas issued by attorney general or an assistant attorney general; P.A. 79-11 added provision re manner of serving subpoena summoning a police officer; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 84-141 amended Subsec. (a) by adding provision re time period for service of subpoena; P.A. 88-25 amended Subsec. (a) to authorize service by an investigator of the division of public defender services in any criminal case in which a defendant is represented by a public defender or special public defender; P.A. 94-30 inserted new Subsec. (c) re manner of service of a subpoena summoning a correctional officer and relettered the remaining Subsecs. accordingly (Revisor's note: References in Subsec. (e) to former Subsec. (c) were replaced editorially by the Revisors with references to Subsec. (d)); P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 03-224 added Subsec. (f) re service of subpoena summoning physician as witness, effective July 2, 2003.

      See Sec. 51-35 re witnesses' imprisonment for failure to testify and re protection against self-incrimination.

      See Sec. 52-56(d) re execution or service of capias in any precinct by state marshal of any precinct.

      See Sec. 52-162b re issuance of subpoena to crime victim by pro se litigant.

      Effect of subpoena duces tecum. 79 C. 118. Fact that witness has already given deposition is not legal excuse for failure to obey subpoena. 116 C. 393. Power of court to issue capias directing arrest of a witness is ordinarily conditioned on issuance of subpoena. 132 C. 637. Cited. 146 C. 252. When the failure of a party to call a witness may be the basis for an unfavorable inference. 147 C. 672. Issuance of a capias is in the discretion of the court and statute does not mandate that court issue a capias when a witness under subpoena fails to appear. 163 C. 293. Cited. 182 C. 476. Cited. 193 C. 350. Cited. 197 C. 507.

      Cited. 5 CA 556. Cited. 8 CA 598. Cited. 33 CA 65. Cited. 40 CA 1.

      Cited. 5 CS 63. Cited. 37 CS 693.

      Subsec. (d):

      Service of subpoena "upon" a person does not require physical acceptance of it, if the person is given notice of it and its contents. 5 CA 556.

      Sec. 52-144. Form of subpoena. The form of a subpoena may be as follows:

To A. B. and C. D. of ....:

J. K., (title of officer authorized to sign subpoena).

      Sec. 52-145. Certain witnesses not disqualified. Credibility. (a) A person shall not be disqualified as a witness in any action because of, (1) his interest in the outcome of the action as a party or otherwise, (2) his disbelief in the existence of a supreme being, or (3) his conviction of crime.

      (b) A person's interest in the outcome of the action or his conviction of crime may be shown for the purpose of affecting his credibility.

      (1949 Rev., S. 7868; P.A. 82-160, S. 61.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Wife may testify for husband. 3 D. 57; 20 C. 354. The conviction must be of an infamous crime; a petty offense is not sufficient. 57 C. 432; 104 C. 124. Record of a judgment of conviction vacated by appeal is insufficient. 57 C. 432. Cited. 58 C. 64. Particular instances of untruthfulness inadmissible to affect credit of witness. 72 C. 204. Attorney trying case cannot ordinarily be witness therein; Id., 437; 80 C. 531; 81 C. 350; otherwise, if he is also a party; 68 C. 206; 85 C. 211; and he may be called by adverse party. 81 C. 344. Insolvent debtor may testify as to knowledge of insolvency when transfer was made. 75 C. 17. Incapacity to manage his affairs does not disqualify witness. 76 C. 406. Where accused becomes witness for himself, usual rules as to attacking credit apply. 67 C. 290; 76 C. 94; 87 C. 22; 89 C. 417. Evidence of arrest alone not sufficient. 76 C. 92; 86 C. 262. Party to action is ordinarily competent. 79 C. 478. Members of a commission may testify as to proceedings before it; 75 C. 248; 76 C. 567; so judge, as to claims of law made on trial. 82 C. 51. Evidence that witness has incurred expenses which he must pay if party producing him loses is admissible. 74 C. 555. Nature of crimes conviction of which may be shown. 95 C. 501; 104 C. 124; Id., 264; 106 C. 350. When a child is competent. 100 C. 570. Improper reference to this statute held cured by instruction of judge. 108 C. 192. Statement of witness that he has scruples against taking oath must be taken as true; belief in supreme being does not destroy witness's right to take affirmation instead of oath. 109 C. 712. Purpose of statute to remove common law disqualification of witness because of conviction of crime. 121 C. 678. For purpose of affecting credibility conviction of crime may be shown by questions on cross-examination. Id.; 132 C. 574; Overruling 72 C. 205 and 97 C. 452. Owner is competent witness to location of bounds and occupancy of own land when within his personal knowledge. 125 C. 333. Where plaintiff administrator was questioned on direct as to decedent's health and financial standing, question on cross as to whether he expected to share in recovery in case was proper. 131 C. 515. Cited. 136 C. 106. Fact that conviction was ten years before went to weight not to admissibility. 137 C. 140. Conviction of section 53-246 "intoxication" is not infamous crime to attack credibility of a witness. 140 C. 39. Cited. 149 C. 125. A plea of guilty by one of several persons charged with a crime can be no more than hearsay as to others so charged. Therefore, while the plea may be used to attack the credibility of the one so pleading if he testifies as a witness for or against the others, it is not admissible on the trial of the others to establish that the crime was committed. 150 C. 195. The conviction of a crime, whether or not denominated a felony by statute, is admissible in evidence to affect credibility under this section only if the maximum permissible penalty for the crime may be imprisonment for more than one year, and the presence or absence of moral turpitude is not a consideration affecting the admissibility. 152 C. 472. Where defendant chose to take stand on his own behalf, question on cross-examination as to prior conviction was properly asked of him in his capacity as a witness, but court does not consider whether defendant could raise his constitutional privilege against compulsory self-incrimination. 153 C. 30. In same case, use of defendant's answer, over his objection, in second part of information, brought under habitual criminal statute, was a violation of his constitutional privilege against compulsory self-incrimination. Id., 34, 35. Cited. Id., 208;. Cited. 154 C. 68, 74. Writ, summons and complaint in another action brought by plaintiff admissible to affect credibility insofar as testimony in present action is inconsistent with prior claim. On redirect plaintiff should be allowed to show extent of his knowledge of allegations in prior writ. 155 C. 197. Cited. 158 C. 156. Where statement of witness was offered to show bias against defendant, it was properly excluded where it related to criminal activity of witness for which he had not been convicted. Id., 536. Judge's discretion to exclude evidence as prejudicial. 160 C. 47. Court's instructions to jury as to historic common law background and purpose of statute does not raise any federal constitutional questions. Id., 171, 175. Cited. Id., 378. Impeachment of witness on the basis of misconduct accomplished only by proof of felony convictions. 164 C. 145. Specific acts of misconduct to show lack of veracity cannot be shown by extrinsic evidence. Id. Cited. 165 C. 559. Cited. 166 C. 226, 230. Cited re constitutional separation of powers (dissent). Id., 501. Credibility of a witness may be impeached by proof of convictions of crimes for which imprisonment may be more than one year. 167 C. 539. Cited. 182 C. 207. Cited. 185 C. 372. Cited. 186 C. 654. Cited. 187 C. 513. Cited. 188 C. 259; Id., 515. Cited. 189 C. 631. Cited. 190 C. 20. Prudent course where trial court faced with decision on admission as evidence of credibility prior convictions for crimes not directly reflecting on credibility is to allow prosecution to mention that defendant was convicted of unspecified crime or crimes carrying a penalty of more than one year. 194 C. 1. Cited. Id., 297. Where a prior charge resulted in a determination that defendant was a youthful offender and not in a criminal conviction, it was not admissible for impeachment purposes under the statute. 196 C. 122, 128. Cited. 198 C. 273. Cited. 201 C. 74. Cited. 202 C. 224. Cited. 210 C. 359. Cited. 211 C. 555. Cited. 227 C. 417; Id., 711.

      Cited. 3 CA 684. Cited. 7 CA 217. Cited. 20 CA 6. Cited. 22 CA 610. Cited. 23 CA 479; Id., 692. Cited. 26 CA 157. Cited. 38 CA 815.

      Credit of witness may not be attacked by showing his conviction of a crime which is not infamous, that is, for which maximum penalty cannot be more than six months in jail. 23 CS 294. Cited. 33 CS 586. Cited. 36 CS 89.

      Conviction of crime of trespass inadmissible under this statute. 3 Conn. Cir. Ct. 391. Any question about previous arrests is improper because statute allows questions about convictions only in establishing credibility and reputation of witness. 6 Conn. Cir. Ct. 441.

      Subsec. (a):

      Cited. 198 C. 454.

      Cited. 7 CA 601. Cited. 34 CA 823.

      Subsec. (b):

      Cited. 199 C. 255. Cited. 227 C. 389. Cited. 228 C. 412. Trial court abused discretion in barring evidence of victim's prior felony conviction for larceny since outcome of case depended upon relative credibility of victim and defendant, and state was allowed to impeach credibility of defendant with a prior felony conviction. 245 C. 351.

      Cited. 3 CA 459. Cited. 6 CA 189. Cited. 7 CA 377; Id., 445, 451. Cited. 10 CA 71. Cited. 16 CA 346. Cited. 26 CA 758. Cited. 27 CA 279. Cited. 32 CA 773. Cited. 37 CA 722. Cited. 40 CA 151. Cited. 42 CA 810. Cited. 44 CA 280; Id., 790. Cited. 45 CA 390. Cited. 46 CA 285.

      Sec. 52-146. Wife as a witness against her husband. A wife may be compelled to testify in any action brought against her husband for necessaries furnished her while living apart from him.

      (1949 Rev., S. 7869.)

      Cited. 190 C. 813. Cited. 211 C. 555.

      Statute applies only when agreement does not specify time within which award must be rendered. 80 CA 1.

      Sec. 52-146a. Transferred to Sec. 52-146d.

      Sec. 52-146b. Privileged communications made to clergymen. A clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which he belongs who is settled in the work of the ministry shall not disclose confidential communications made to him in his professional capacity in any civil or criminal case or proceedings preliminary thereto, or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege herein provided.

      (1967, P.A. 826.)

      "Priest-penitent" privilege found waived where defendant testified as to what he told priest and conversation did not relate to religious or spiritual advise, aid or comfort. 171 C. 586. Cited. 211 C. 555.

      Sec. 52-146c. Privileged communications between psychologist and patient. (a) As used in this section:

      (1) "Person" means an individual who consults a psychologist for purposes of diagnosis or treatment;

      (2) "Psychologist" means an individual licensed to practice psychology pursuant to chapter 383;

      (3) "Communications" means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a psychologist or between a member of such person's family and a psychologist;

      (4) "Consent" means consent given in writing by the person or his authorized representative;

      (5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, his personal representative or next of kin, or (C) if a person is incompetent to assert or waive his privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative.

      (b) Except as provided in subsection (c) of this section, in civil and criminal actions, in juvenile, probate, commitment and arbitration proceedings, in proceedings preliminary to such actions or proceedings, and in legislative and administrative proceedings, all communications shall be privileged and a psychologist shall not disclose any such communications unless the person or his authorized representative consents to waive the privilege and allow such disclosure. The person or his authorized representative may withdraw any consent given under the provisions of this section at any time in a writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal.

      (c) Consent of the person shall not be required for the disclosure of such person's communications:

      (1) If a judge finds that any person after having been informed that the communications would not be privileged, has made the communications to a psychologist in the course of a psychological examination ordered by the court, provided the communications shall be admissible only on issues involving the person's psychological condition;

      (2) If, in a civil proceeding, a person introduces his psychological condition as an element of his claim or defense or, after a person's death, his condition is introduced by a party claiming or defending through or as a beneficiary of the person, and the judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between the person and psychologist be protected;

      (3) If the psychologist believes in good faith that there is risk of imminent personal injury to the person or to other individuals or risk of imminent injury to the property of other individuals;

      (4) If child abuse, abuse of an elderly individual or abuse of an individual who is disabled or incompetent is known or in good faith suspected;

      (5) If a psychologist makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving psychological services, (B) the dates of such services, and (C) a general description of the types of services; or

      (6) If the communications are disclosed to a member of the immediate family or legal representative of the victim of a homicide committed by the person where such person has, on or after July 1, 1989, been found not guilty of such offense by reason of mental disease or defect pursuant to section 53a-13, provided such family member or legal representative requests the disclosure of such communications not later than six years after such finding, and provided further, such communications shall only be available during the pendency of, and for use in, a civil action relating to such person found not guilty pursuant to section 53a-13.

      (1969, P.A. 597, S. 13; P.A. 82-160, S. 63; P.A. 89-154, S. 1; P.A. 92-225, S. 3, 5.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 89-154 amended Subsec. (a) to redefine "person" and to add the definitions of "psychologist", "communications", "consent", and "authorized representative", amended Subsec. (b) to rephrase its provisions, to extend the prohibition on disclosure to "juvenile, probate, commitment and arbitration proceedings", and to add provisions re the manner and effect of a withdrawal of consent, and amended Subsec. (c) to replace the introductory provision that "Relevant communications under this section shall not be privileged" with "Consent of the person shall not be required for the disclosure of such person's communications", to delete reference to a "clinical" psychologist in Subdiv. (1), to add Subdiv. (3) re exception when there is risk of imminent injury to person or property, to add Subdiv. (4) re exception when abuse is known or suspected, and to add Subdiv. (5) re exception when claim is made for collection of fees for services rendered; P.A. 92-225 amended Subsec. (c) to add Subdiv. (6) re exception when communications are disclosed under limited circumstances to the immediate family or legal representative of certain homicide victims.

      Cited. 191 C. 453. Cited. 203 C. 641. Erroneous denial of psychiatrist-patient privilege does not infringe upon right of any person other than the one to whom the privilege is given. 208 C. 683. Cited. 211 C. 555.

      Cited. 18 CA 273. Cited. 23 CA 98; Id., 330. Cited. 24 CA 287. Court did not violate statute by ordering disclosure of substance abuse and psychiatric treatment records of parents in case involving termination of their parental rights. 48 CA 563.

      Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between psychiatrist and patient. Definitions. As used in sections 52-146d to 52-146i, inclusive:

      (1) "Authorized representative" means (A) a person empowered by a patient to assert the confidentiality of communications or records which are privileged under sections 52-146c to 52-146i, inclusive, or (B) if a patient is deceased, his personal representative or next of kin, or (C) if a patient is incompetent to assert or waive his privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the patient, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the patient's nearest relative;

      (2) "Communications and records" means all oral and written communications and records thereof relating to diagnosis or treatment of a patient's mental condition between the patient and a psychiatrist, or between a member of the patient's family and a psychiatrist, or between any of such persons and a person participating under the supervision of a psychiatrist in the accomplishment of the objectives of diagnosis and treatment, wherever made, including communications and records which occur in or are prepared at a mental health facility;

      (3) "Consent" means consent given in writing by the patient or his authorized representative;

      (4) "Identifiable" and "identify a patient" refer to communications and records which contain (A) names or other descriptive data from which a person acquainted with the patient might reasonably recognize the patient as the person referred to, or (B) codes or numbers which are in general use outside of the mental health facility which prepared the communications and records;

      (5) "Mental health facility" includes any hospital, clinic, ward, psychiatrist's office or other facility, public or private, which provides inpatient or outpatient service, in whole or in part, relating to the diagnosis or treatment of a patient's mental condition;

      (6) "Patient" means a person who communicates with or is treated by a psychiatrist in diagnosis or treatment;

      (7) "Psychiatrist" means a person licensed to practice medicine who devotes a substantial portion of his time to the practice of psychiatry, or a person reasonably believed by the patient to be so qualified.

      (1961, P.A. 529; 1969, P.A. 819, S. 1; P.A. 75-567, S. 36, 80; P.A. 82-160, S. 64; P.A. 89-154, S. 2.)

      History: 1969 act deleted detailed provisions re privileged communications (but see Sec. 52-146e for replacement provisions) and added definitions of "consent", "communications and records", "mental health facility" and records which "identify" or are "identifiable"; Sec. 52-146a transferred to Sec. 52-146d in the 1969 Supplement to the General Statutes; P.A. 75-567 applied definitions to Secs. "52-146c to 52-146i" rather than to Secs. "52-146d to 52-146j"; P.A. 82-160 alphabetized the defined terms and inserted Subdiv. indicators; P.A. 89-154 applied definitions to Secs. "52-146d to 52-146i" rather than to Secs. "52-146c to 52-146i".

      Case decided before effective date of statute. 150 C. 689. Cited. 152 C. 510, 512. Psychiatrist-patient privilege does not extend to records relative to drug-dependency treatment. 169 C. 223. Psychiatric-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. 191 C. 453. Cited. 199 C. 693. Cited. 201 C. 211. Cited. 203 C. 641. Cited. 208 C. 365; Id., 683. Cited. 211 C. 555. Cited. 212 C. 50. Cited. 217 C. 243. Cited. 218 C. 85. Cited. 225 C. 700; Id., 450. Cited. 228 C. 1. Cited. 235 C. 185. Former Sec. 52-146a cited. Id., 185. Cited. 236 C. 625. Cited. 238 C. 313. Statute reflects public policy against suit by patient's former spouse. 250 C. 86. Evidence of conversation between defendant and third party overheard by mental health worker not protected by the privilege provided for under section. 254 C. 694.

      Cited. 1 CA 384. Secs. 52-146d-52-146j cited. 14 CA 552. Cited. 19 CA 304. Cited. 24 CA 287. Cited. 25 CA 653; judgment reversed, see 223 C. 52. Cited. 30 CA 839. Cited. 33 CA 647. Cited. 35 CA 94; judgment reversed, see 235 C. 185. Nursing assessment containing consent form in which defendant consented to "mental health assessment and treatment" and conducted by nurse under supervision of psychiatrist is a mental health record that is privileged under Secs. 52-146d to 52-146f, inclusive. 73 CA 150.

      Cited. 28 CS 57.

      Subdiv. (2):

      Cited. 190 C. 813.

      Cited. 33 CA 253. Communications and records relating to diagnosis and treatment of an alcohol-related disorder falls within ambit of a "mental condition". Phrase "including communications and records which occur in or are prepared at a mental health facility" interpreted as an illustrative application of phrase "wherever made", not as a limitation on its scope; therefore trial court improperly concluded that plaintiff was required to establish that Elan, a treatment facility located in Maine, was a mental health facility as defined in Subdiv. (5) as a condition precedent to invocation of the statutory psychiatrist-patient privilege. 54 CA 663.

      Subdiv. (4):

      Cited. 223 C. 450.

      Subdiv. (6):

      Purpose of the statutory privilege is to protect a therapeutic relationship, communications that bear no relationship to the purpose for which privilege was enacted are admissible subject to normal rules of evidence. 190 C. 813.

      Subdiv. (7):

      Cited. 219 C. 314.

      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. Cited. 191 C. 453. Cited. 192 C. 166. Cited. 197 C. 326. Cited. 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. Cited. 205 C. 386. Cited. 211 C. 555. Cited. 212 C. 50. Cited. 218 C. 85. Cited. 221 C. 447. Cited. 223 C. 450. Cited. 225 C. 450; Id., 700. Cited. 228 C. 1. Cited. 235 C. 185; Id., 595. Cited. 236 C. 514; Id., 625. Cited. 238 C. 313. Cited. 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.

      Psychiatric patient privilege and defendant's right to confrontation discussed. 1 CA 384. Cited. 8 CA 216. Cited. 10 CA 103. Cited. 14 CA 552. Secs. 52-146d-52-146j also cited. Id. Cited. 15 CA 222. Cited. 17 CA 174. Cited. 18 CA 273. Cited. 19 CA 304. Cited. 20 CA 101. Cited. 24 CA 287. Cited. 25 CA 653; judgment reversed, see 223 C. 52. Cited. 30 CA 839. Cited. 33 CA 647. Cited. 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.

      Subsec. (a):

      Cited. 217 C. 243. Cited. 230 C. 43.

      Psychiatrist-patient privilege cannot be overridden by provisions of Sec. 19a-14(a)(10). 14 CA 552. Cited. 33 CA 253.

      Sec. 52-146f. Consent not required for disclosure, when. Consent of the patient shall not be required for the disclosure or transmission of communications or records of the patient in the following situations as specifically limited:

      (1) Communications or records may be disclosed to other persons engaged in the diagnosis or treatment of the patient or may be transmitted to another mental health facility to which the patient is admitted for diagnosis or treatment if the psychiatrist in possession of the communications or records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment. The patient shall be informed that the communications or records will be so disclosed or transmitted. For purposes of this subsection, persons in professional training are to be considered as engaged in the diagnosis or treatment of the patients.

      (2) Communications or records may be disclosed when the psychiatrist determines that there is substantial risk of imminent physical injury by the patient to himself or others or when a psychiatrist, in the course of diagnosis or treatment of the patient, finds it necessary to disclose the communications or records for the purpose of placing the patient in a mental health facility, by certification, commitment or otherwise, provided the provisions of sections 52-146d to 52-146j, inclusive, shall continue in effect after the patient is in the facility.

      (3) Except as provided in section 17b-225, the name, address and fees for psychiatric services to a patient may be disclosed to individuals or agencies involved in the collection of fees for such services. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fee or claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact a patient; (B) the diagnosis; (C) the dates and duration of treatment; and (D) a general description of the treatment, which shall include evidence that a treatment plan exists and has been carried out and evidence to substantiate the necessity for admission and length of stay in a health care institution or facility. If further information is required, the party seeking the information shall proceed in the same manner provided for hospital patients in section 4-105.

      (4) Communications made to or records made by a psychiatrist in the course of a psychiatric examination ordered by a court or made in connection with the application for the appointment of a conservator by the Probate Court for good cause shown may be disclosed at judicial or administrative proceedings in which the patient is a party, or in which the question of his incompetence because of mental illness is an issue, or in appropriate pretrial proceedings, provided the court finds that the patient has been informed before making the communications that any communications will not be confidential and provided the communications shall be admissible only on issues involving the patient's mental condition.

      (5) Communications or records may be disclosed in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the patient and the court or judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between patient and psychiatrist be protected.

      (6) Communications or records may be disclosed to (A) the Commissioner of Public Health in connection with any inspection, investigation or examination of an institution, as defined in subsection (a) of section 19a-490, authorized under section 19a-498, or (B) the Commissioner of Mental Health and Addiction Services in connection with any inspection, investigation or examination authorized under subsection (f) of section 17a-451.

      (7) Communications or records may be disclosed to a member of the immediate family or legal representative of the victim of a homicide committed by the patient where such patient has, on or after July 1, 1989, been found not guilty of such offense by reason of mental disease or defect pursuant to section 53a-13, provided such family member or legal representative requests the disclosure of such communications or records not later than six years after such finding, and provided further, such communications shall only be available during the pendency of, and for use in, a civil action relating to such person found not guilty pursuant to section 53a-13.

      (8) If a provider of behavioral health services that contracts with the Department of Mental Health and Addiction Services requests payment, the name and address of the person, a general description of the types of services provided, and the amount requested shall be disclosed to the department, provided notification that such disclosure will be made is sent, in writing, to the person at the earliest opportunity prior to such disclosure. In cases where a dispute arises over the fees or claims, or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to additional information necessary to clarify only the following: (A) That the person in fact received the behavioral health services in question, (B) the dates of such services, and (C) a general description of the types of services. Information the department receives pursuant to this subdivision shall be disclosed only to federal or state auditors and only as necessary for the purposes of auditing.

      (1969, P.A. 819, S. 4; 1971, P.A. 81; P.A. 74-215, S. 2, 3; P.A. 82-160, S. 66; P.A. 84-26, S. 3; P.A. 92-225, S. 4, 5; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 82, 88; P.A. 99-178, S. 1; June Sp. Sess. P.A. 99-2, S. 21.)

      History: 1971 act amended Subsec. (d) to allow disclosure of communications made or records in connection with applications for appointment of conservator by probate court and to allow disclosures in proceedings where question of incompetence because of mental illness is an issue; P.A. 74-215 amended Subsec. (c) to add exception re Sec. 17-295c and to place specific limits on disclosure of further information replacing generally stated provision which had allowed disclosure of "only such additional information as is needed to substantiate the fee or claim"; P.A. 82-160 rephrased the section, replaced alphabetic Subsec. indicators with numeric indicators and replaced numeric Subdiv. indicators with alphabetic indicators; P.A. 84-26 added Subsec. (6) re the disclosure of records pursuant to a department of health services inspection, investigation or examination of a health care institution; P.A. 92-225 added Subsec. (7) re the disclosure under limited circumstances to the immediate family or legal representative of certain homicide victims; P.A. 93-381 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 added new Subdiv. (8) re disclosure by providers of behavioral health services, effective July 1, 1997; P.A. 99-178 amended Subdiv. (6) by adding new Subpara. (B) re disclosure to Commissioner of Mental Health and Addiction Services under Sec. 17a-451(f); June Sp. Sess. P.A. 99-2 amended Subdiv. (8) by replacing "not less than thirty days" with "at the earliest opportunity".

      Cited. 169 C. 223. Cited. 172 C. 22. 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. Id. Cited. 191 C. 453. Cited. 211 C. 555. Cited. 235 C. 185. Cited. 236 C. 625. Cited. 238 C. 313. Statute reflects public policy against suit by patient's former spouse. 250 CA 86.

      Cited. 1 CA 384. Cited. 14 CA 552. Secs. 52-146d-52-146j also cited. Id. Cited. 19 CA 304. Cited. 24 CA 287. Cited. 35 CA 94; judgment reversed, see 235 C. 185. Disclosure of patient's name, address and social security number not precluded when purpose is to bring suit against patient for assault and battery. 50 CA 654.

      Subsec. (4):

      Cited. 190 C. 813. Cited. 201 C. 517.

      Subsec. (5):

      Cited. 190 C. 813. Cited. 231 C. 922. Legislature did not intend to authorize a subrogee to obtain a subrogor's confidential psychiatric records in a subrogation action wherein subrogor is not a party; judgment of appellate court in Home Ins. Co. v. Aetna Life and Casualty Co., 35 CA 94, reversed. 235 C. 185.

      Cited. 30 CA 839.

      Cited. 44 CS 468.

      Subsec. (6):

      Does not apply to investigations of individual psychiatrists. 14 CA 552.

      Sec. 52-146g. Access to communications and records by persons engaged in research. (a) A person engaged in research may have access to psychiatric communications and records which identify patients where needed for such research, if such person's research plan is first submitted to and approved by the director of the mental health facility or his designee.

      (b) The communications and records shall not be removed from the mental health facility which prepared them. Coded data or data which does not identify a patient may be removed from a mental health facility, provided the key to the code shall remain on the premises of the facility.

      (c) The mental health facility and the person doing the research shall be responsible for the preservation of the anonymity of the patients and shall not disseminate data which identifies a patient except as provided by sections 52-146d to 52-146j, inclusive.

      (1969, P.A. 819, S. 5; P.A. 82-160, S. 67.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      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. 191 C. 453. Cited. 211 C. 555. Cited. 236 C. 625. Cited. 238 C. 313.

      Cited. 1 CA 384. Secs. 52-146d-52-146j cited. 14 CA 552. Cited. 19 CA 304. Cited. 24 CA 287.

      Sec. 52-146h. Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of records and communications. (a) Any facility or individual under contract with the Department of Mental Health and Addiction Services to provide behavioral health services shall transmit information and records, if requested, to the Commissioner of Mental Health and Addiction Services pursuant to his obligation under section 17a-451 to maintain the overall responsibility for the care and treatment of persons with psychiatric disorders or substance use disorders. The Commissioner of Mental Health and Addiction Services may collect and use the information and records for administration, planning or research, subject to the provisions of section 52-146g. The Commissioner of Mental Health and Addiction Services may enter into contracts within the state and into interstate compacts for the efficient storage and retrieval of the information and records.

      (b) Identifiable data shall be removed from all information and records before issuance from the individual or facility which prepared them, and a code, the key to which shall remain in possession of the issuing facility and be otherwise available only to the Commissioner of Mental Health and Addiction Services for purposes of planning, administration or research, shall be the exclusive means of identifying patients. The key to the code shall not be available to any data banks in which the information is stored or to any other persons, corporations or agencies, private or governmental.

      (1969, P.A. 819, S. 6; P.A. 82-160, S. 68; P.A. 95-257, S. 11, 13, 58; June 18 Sp. Sess. P.A. 97-8, S. 31, 88.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to apply section to individuals under contract with the department to provide behavioral health services, to delete provision re approval of Board of Mental Health and Addiction Services and to replace reference to the mentally ill with reference to persons with psychiatric or substance abuse disorders and amended Subsec. (b) to change "mental health facility" to "individual or facility", effective July 1, 1997.

      Cited. 169 C. 223. Psychiatrist-patient privilege not waived and the testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 191 C. 453. Cited. 211 C. 555. Cited. 236 C. 625. Cited. 238 C. 313.

      Cited. 1 CA 384. Secs. 52-146d-52-146j cited. 14 CA 552. Cited. 19 CA 304. Cited. 24 CA 287.

      Sec. 52-146i. Labeling of confidential records. All written communications or records disclosed to another person or agency shall bear the following statement: "The confidentiality of this record is required under chapter 899 of the Connecticut general statutes. This material shall not be transmitted to anyone without written consent or other authorization as provided in the aforementioned statutes." A copy of the consent form specifying to whom and for what specific use the communication or record is transmitted or a statement setting forth any other statutory authorization for transmittal and the limitations imposed thereon shall accompany such communication or record. In cases where the disclosure is made orally, the person disclosing the information shall inform the recipient that such information is governed by the provisions of sections 52-146d to 52-146j, inclusive.

      (1969, P.A. 819, S. 7.)

      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. 191 C. 453. Cited. 211 C. 555. Cited. 236 C. 625. Cited. 238 C. 313.

      Cited. 1 CA 384. Secs. 52-146d-52-146j cited. 14 CA 552. Cited. 19 CA 304. Cited. 24 CA 287.

      Sec. 52-146j. Judicial relief. (a) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive, may petition the superior court for the judicial district in which he resides, or, in the case of a nonresident of the state, the superior court for the judicial district of Hartford, for appropriate relief, including temporary and permanent injunctions, and the petition shall be privileged with respect to assignment for trial.

      (b) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive, may prove a cause of action for civil damages.

      (1969, P.A. 819, S. 8; P.A. 78-280, S. 2, 6, 127; P.A. 82-160, S. 69; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 78-280 substituted "judicial district" for "county" generally and "the judicial district of Hartford-New Britain" for "Hartford county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      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. 211 C. 555. Cited. 236 C. 625. Cited. 238 C. 313.

      Cited. 1 CA 384. Cited. 14 CA 552. Cited. 19 CA 304.

      Sec. 52-146k. Privileged communications between battered women's or sexual assault counselor and victim. (a) As used in this section:

      (1) "Battered women's center" means any office, shelter, host home or center offering assistance to battered women through crisis intervention, emergency shelter referral and medical and legal advocacy, and which meets the Department of Social Services criteria of service provision for such centers.

      (2) "Battered women's counselor" means any person engaged in a battered women's center (A) who has undergone a minimum of twenty hours of training which shall include, but not be limited to, the dynamics of battering, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice system and information about state and community resources for battered women, (B) who is certified as a counselor by the battered women's center which provided such training, (C) who is under the control of a direct service supervisor of a battered women's center, and (D) whose primary purpose is the rendering of advice, counsel and assistance to, and the advocacy of the cause of, battered women.

      (3) "Confidential communication" means information transmitted between a victim of a battering or a sexual assault and a battered women's counselor or sexual assault counselor in the course of that relationship and in confidence by a means which, so far as the victim is aware, does not disclose the information to a third person other than any person who is present to further the interests of the victim in the consultation or any person to whom disclosure is reasonably necessary for the transmission of the information or for the accomplishment of the purposes for which such counselor is consulted, and includes all information received by, and any advice, report or working paper given or made by, such counselor in the course of the relationship with the victim.

      (4) "Rape crisis center" means any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, medical and legal advocacy and follow-up counseling and which meets the Department of Public Health criteria of service provision for such centers.

      (5) "Sexual assault counselor" means any person engaged in a rape crisis center who (A) has undergone a minimum of twenty hours of training which shall include, but not be limited to, the dynamics of sexual assault and incest, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice system, information about hospital and medical systems and information about state and community resources for sexual assault victims, (B) is certified as a counselor by the sexual assault center which has provided such training, (C) is under the control of a direct services supervisor of a rape crisis center, and (D) whose primary purpose is the rendering of advice, counseling and assistance to, and the advocacy of the cause of, victims of sexual assault.

      (6) "Victim" means any person who consults a battered women's counselor or a sexual assault counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by a battering or a sexual assault.

      (b) On or after October 1, 1983, a battered women's counselor or a sexual assault counselor shall not disclose any confidential communications made to such counselor at any time by a victim in any civil or criminal case or proceeding or in any legislative or administrative proceeding unless the victim making the confidential communications waives the privilege, provided under no circumstances shall the location of the battered women's center or rape crisis center or the identity of the battered women's counselor or sexual assault counselor be disclosed in any civil or criminal proceeding. Any request made on or after October 1, 1983, by the defendant or the state for such confidential communications shall be subject to the provisions of this subsection.

      (c) When a victim is deceased or has been adjudged incompetent by a court of competent jurisdiction, the guardian of the victim or the executor or administrator of the estate of the victim may waive the privilege established by this section.

      (d) A minor may knowingly waive the privilege established by this section. In any instance where the minor is, in the opinion of the court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, provided such parent or guardian is not the defendant and does not have a relationship with the defendant such that he has an interest in the outcome of the proceeding.

      (e) The privilege established by this section shall not apply: (1) In matters of proof concerning chain of custody of evidence; (2) in matters of proof concerning the physical appearance of the victim at the time of the injury; or (3) where the battered women's counselor or sexual assault counselor has knowledge that the victim has given perjured testimony and the defendant or the state has made an offer of proof that perjury may have been committed.

      (f) The failure of any party to testify as a witness pursuant to the provisions of this section shall not result in an inference unfavorable to the state's cause or to the cause of the defendant.

      (P.A. 83-429; P.A. 85-112; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 85-112 amended Subsec. (b) by adding provision that communications made to counselor at any time are privileged communications on or after October 1, 1983; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.

      Cited. 199 C. 693. Cited. 200 C. 734. Cited. 201 C. 211. Cited. 202 C. 259. Cited. 204 C. 259. Cited. 211 C. 555. Cited. 230 C. 43. Cited. 240 C. 658. Cited. 242 C. 1.

      Cited. 8 CA 216. Cited. 10 CA 103. Cited. 23 CA 509.

      Subsec. (b):

      Defendant's communication with her counselor made before effective date of act held erroneously admitted at her trial held after the effective date. 204 C. 259. P.A. 85-112 cited. Id.

      Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited. Any confidential communication which is deemed to be privileged under any provision of the general statutes or under the common law made by a person with the assistance of an interpreter shall not be disclosed by such interpreter in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.

      (P.A. 83-395, S. 1.)

      Cited. 211 C. 555.

      Sec. 52-146m. Communication made by or to deaf or hearing impaired person with assistance of operator of special telecommunications equipment deemed privileged. Any communication made by or to a deaf or hearing impaired person with the assistance of a person operating special telecommunications equipment capable of serving the needs of deaf or hearing impaired persons shall be deemed to be confidential and privileged and shall not be disclosed by such operator in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.

      (P.A. 83-314.)

      Cited. 211 C. 555.

      Sec. 52-146n. Disclosure of confidential communications between Judicial Department employee and employee assistance program counselor prohibited. Information re participation in employee assistance program. (a) For purposes of this section:

      (1) "Employee assistance program counselor" means any person engaged in directing or staffing any employee assistance program which may be established by the Supreme Court upon recommendation of the Chief Court Administrator for the employees of the Judicial Department;

      (2) "Confidential communications" means all oral and written communications transmitted in confidence between an employee of the Judicial Department and an employee assistance program counselor in the course of their relationship in the employee assistance program and all records prepared by the counselor in the course of that relationship with such employee; and

      (3) "Employees of the Judicial Department" means full-time and part-time employees of the Judicial Department including judges of the Supreme Court, Appellate Court and Superior Court but excluding the employees and judges of the probate courts.

      (b) No employee assistance program counselor shall disclose any confidential communications to any third person, other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes for which such counselor is consulted, or in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the employee making the confidential communication waives the privilege.

      (c) No person in any civil or criminal case or proceeding or in any legislative or administrative proceeding may request or require information from any employee of the Judicial Department relating to an employee's participation in an employee assistance program, including whether or not such employee at any time participated in such employee assistance program.

      (P.A. 88-190.)

      Cited. 211 C. 555.

      Sec. 52-146o. Disclosure of patient communication or information by physician, surgeon or health care provider prohibited. (a) Except as provided in sections 52-146c to 52-146j, inclusive, and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, a physician or surgeon, as defined in subsection (b) of section 20-7b, shall not disclose (1) any communication made to him by, or any information obtained by him from, a patient or the conservator or guardian of a patient with respect to any actual or supposed physical or mental disease or disorder or (2) any information obtained by personal examination of a patient, unless the patient or his authorized representative explicitly consents to such disclosure.

      (b) Consent of the patient or his authorized representative shall not be required for the disclosure of such communication or information (1) pursuant to any statute or regulation of any state agency or the rules of court, (2) by a physician, surgeon or other licensed health care provider against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to his attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a physician, surgeon or health care provider in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with mental retardation is known or in good faith suspected.

      (P.A. 90-177; P.A. 91-141; P.A. 96-47, S. 13.)

      History: P.A. 91-141 rephrased provisions re exceptions to the prohibition on disclosure and amended Subsec. (b) by adding Subdiv. (2) re disclosure to the attorney or professional liability insurer of a physician, surgeon or licensed health care provider and Subdiv. (3) re disclosure when abuse of certain individuals is known or suspected; P.A. 96-47 deleted "or other licensed health care provider" in Subsec. (a), adding reference to definitions in Subsec. (b) of Sec. 20-7b and inserted new Subdiv. (3) in Subsec. (b) authorizing disclosure to Commissioner of Public Health, renumbering former Subdiv. as Subdiv. (4) (Revisor's note: In Subsec. (a) the phrase "..., a physician, surgeon, as defined in ..." was changed editorially by the Revisors to "..., a physician or surgeon, as defined in ...").

      Cited. 225 C. 700. Cited. 240 C. 658.

      Statutory privilege for medical records does not apply to criminal proceedings. 74 CA 633.

      Sec. 52-146p. Disclosure of privileged communications between marital and family therapist and person consulting such therapist prohibited. Exceptions. (a) As used in this section:

      (1) "Person" means an individual who consults a marital and family therapist for purposes of diagnosis or treatment;

      (2) "Marital and family therapist" means an individual certified as a marital and family therapist pursuant to chapter 383a;

      (3) "Communications" means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a marital and family therapist or between a member of such person's family and a marital and family therapist;

      (4) "Consent" means consent given in writing by the person or his authorized representative;

      (5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, his personal representative or next of kin, or (C) if a person is incompetent to assert or waive his privileges under this section, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative.

      (b) Except as provided in subsection (c) of this section, all communications shall be privileged and a marital and family therapist shall not disclose any such communications unless the person or his authorized representative consents to waive the privilege and allow such disclosure. In circumstances where more than one person in a family is receiving therapy, each such family member shall consent to the waiver. In the absence of such a waiver from each such family member, a marital and family therapist shall not disclose communications with any family member. The person or his authorized representative may withdraw any consent given under the provisions of this section at any time in a writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal.

      (c) Consent of the person shall not be required for the disclosure of such person's communications:

      (1) Where mandated by any other provision of the general statutes;

      (2) Where a marital and family therapist believes in good faith that the failure to disclose such communications presents a clear and present danger to the health or safety of any individual;

      (3) Where a marital and family therapist makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure shall be limited to the following: (A) That the person was receiving services from a marital and family therapist, (B) the dates of such services, and (C) a general description of the types of services.

      (P.A. 92-225, S. 1, 5.)

      Sec. 52-146q. Disclosure of confidential communications between social worker and person consulting such social worker prohibited. Exceptions. (a) As used in this section:

      (1) "Person" means an individual who consults a social worker for purposes of evaluation or treatment;

      (2) "Social worker" means an individual licensed as a clinical social worker pursuant to chapter 383b or an individual reasonably believed by the person to be so licensed;

      (3) "Communications and records" means all oral and written communications and records thereof relating to the evaluation or treatment of a person between such person and a social worker, or between a member of such person's family and a social worker, or between such person or a member of such person's family and an individual participating under the supervision of a social worker in the accomplishment of the objectives of evaluation or treatment, wherever made;

      (4) "Consent" means consent given in writing by the person or his authorized representative;

      (5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications and records under this section, or (B) if a person is deceased, his administrator or executor or, in the absence of such fiduciary, his next of kin, or (C) if a person has been declared incompetent to assert or waive his privileges under this section, a guardian or conservator who is duly appointed to act for the person;

      (6) "Mental health facility" includes any hospital, clinic, ward, social worker's office or other facility, public or private, which provides inpatient or outpatient service, in whole or in part, relating to the diagnosis or treatment of a person's mental condition.

      (b) All communications and records shall be confidential and, except as provided in subsection (c) of this section, a social worker shall not disclose any such communications and records unless the person or his authorized representative consents to such disclosure. Any consent given shall specify the individual or agency to which the communications and records are to be disclosed, the scope of the communications and records to be disclosed, the purpose of the disclosure and the expiration date of the consent. A copy of the consent form shall accompany any communications and records disclosed. The person or his authorized representative may withdraw any consent given under the provisions of this section at any time by written notice to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications and records disclosed prior to notice of the withdrawal, except that such communications and records may not be redisclosed after the date of the notice of withdrawal.

      (c) Consent of the person shall not be required for the disclosure or transmission of such person's communications and records in the following situations as specifically limited:

      (1) Communications and records may be disclosed to other individuals engaged in the diagnosis or treatment of the person or may be transmitted to a mental health facility to which the person is admitted for diagnosis or treatment if the social worker in possession of the communications and records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment, or when a social worker, in the course of evaluation or treatment of the person, finds it necessary to disclose the communications and records for the purpose of referring the person to a mental health facility. The person shall be informed that the communications and records have been so disclosed or transmitted. For purposes of this subdivision, individuals in professional training are to be considered as engaged in the diagnosis or treatment of the person.

      (2) Communications and records may be disclosed when a social worker determines that there is a substantial risk of imminent physical injury by the person to himself or others, or when disclosure is otherwise mandated by any provision of the general statutes.

      (3) Communications and records made in the course of an evaluation ordered by a court may be disclosed at judicial proceedings in which the person is a party provided the court finds that the person has been informed before making the communications that any communications and records may be so disclosed and provided further that communications and records shall be admissible only on issues involving the person's mental condition.

      (4) Communications and records may be disclosed in a civil proceeding in which the person introduces his mental condition as an element of his claim or defense or, after the person's death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the person. For any disclosure under this subdivision, the court shall find that it is more important to the interests of justice that the communications and records be disclosed than that the relationship between the person and the social worker be protected.

      (5) If a social worker makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided written notification that such disclosure will be made is sent to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fees or claims, the disclosure of further information shall be limited to the following: (A) That the person did in fact receive the services of the social worker, (B) the dates and duration of such services, and (C) a general description of the types of services.

      (P.A. 92-225, S. 2, 5; P.A. 95-116, S. 9.)

      History: P.A. 95-116 redefined "social worker", changing reference to "certified independent" social workers to "licensed clinical" social workers.

      Cited. 37 CA 213.

      Sec. 52-146r. Disclosure of confidential communications between government attorney and public official or employee of public agency prohibited. (a) As used in this section:

      (1) "Authorized representative" means an individual empowered by a public agency to assert the confidentiality of communications that are privileged under this section;

      (2) "Confidential communications" means all oral and written communications transmitted in confidence between a public official or employee of a public agency acting in the performance of his or her duties or within the scope of his or her employment and a government attorney relating to legal advice sought by the public agency or a public official or employee of such public agency from that attorney, and all records prepared by the government attorney in furtherance of the rendition of such legal advice;

      (3) "Government attorney" means a person admitted to the bar of this state and employed by a public agency or retained by a public agency or public official to provide legal advice to the public agency or a public official or employee of such public agency; and

      (4) "Public agency" means "public agency" as defined in section 1-200.

      (b) In any civil or criminal case or proceeding or in any legislative or administrative proceeding, all confidential communications shall be privileged and a government attorney shall not disclose any such communications unless an authorized representative of the public agency consents to waive the privilege and allow such disclosure.

      (P.A. 99-179, S. 1.)

      Section, even if applied retroactively, would not affect the legal standard applied in deciding that certain invoices were not protected by attorney-client privilege. 260 C. 143.

      Sec. 52-146s. Disclosure of confidential information between professional counselor and person consulting such professional counselor prohibited. Exceptions. (a) As used in this section:

      (1) "Person" means an individual who consults a professional counselor for purposes of diagnosis or treatment;

      (2) "Professional counselor" means an individual licensed as a professional counselor pursuant to chapter 383c;

      (3) "Communications" means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a professional counselor or between a member of such person's family and a professional counselor;

      (4) "Consent" means consent given in writing by the person or such person's authorized representative;

      (5) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, the personal representative or next of kin of such person, or (C) if a person is incompetent to assert or waive such person's privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative.

      (b) Except as provided in subsection (c) of this section, a professional counselor shall not disclose any such communications unless the person or the authorized representative of such person consents to waive the privilege and allow such disclosure. The person or the authorized representative of such person may withdraw any consent given under the provisions of this section at any time in writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal.

      (c) Consent of the person shall not be required for the disclosure of such person's communications:

      (1) If a judge finds that a person, after having been informed that the communications would not be privileged, has made the communications to a professional counselor in the course of a mental health assessment ordered by the court, provided the communications shall be admissible only on issues involving the person's mental health condition;

      (2) If, in a civil proceeding, a person introduces such person's mental health condition as an element of the claim or defense of such person or, after a person's death, the condition of such person is introduced by a party claiming or defending through or as a beneficiary of the person, and the judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between the person and professional counselor be protected;

      (3) Where mandated by any other provision of the general statutes;

      (4) Where the professional counselor believes in good faith that the failure to disclose such communication presents a clear and present danger to the health or safety of any individual;

      (5) If the professional counselor believes in good faith that there is risk of imminent personal injury to the person or to other individuals or risk of imminent injury to the property of other individuals;

      (6) If child abuse, abuse of an elderly individual or abuse of an individual who is disabled or incompetent is known or in good faith suspected; or

      (7) Where a professional counselor makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving professional counseling, (B) the dates of such services, and (C) a general description of the types of services.

      (P.A. 00-190.)

      Sec. 52-146t. Protection from compelled disclosure of information obtained by news media. (a) As used in this section:

      (1) "Information" has its ordinary meaning and includes, but is not limited to, any oral, written or pictorial material, whether or not recorded, including any notes, outtakes, photographs, video or sound tapes, film or other data of whatever sort in any medium; and

      (2) "News media" means:

      (A) Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite or other transmission system or carrier, or channel or programming service for such station, network, system or carrier, or audio or audiovisual production company that disseminates information to the public, whether by print, broadcast, photographic, mechanical, electronic or any other means or medium;

      (B) Any person who is or has been an employee, agent or independent contractor of any entity specified in subparagraph (A) of this subdivision and is or has been engaged in gathering, preparing or disseminating information to the public for such entity, or any other person supervising or assisting such person with gathering, preparing or disseminating information; or

      (C) Any parent, subsidiary, division or affiliate of any person or entity specified in subparagraph (A) or (B) of this subdivision to the extent the subpoena or other compulsory process seeks the identity of a source or the information described in subsection (b) of this section.

      (b) No judicial, executive or legislative body with the power to issue a subpoena or other compulsory process may compel the news media to testify concerning, or to produce or otherwise disclose, any information obtained or received, whether or not in confidence, by the news media in its capacity in gathering, receiving or processing information for potential communication to the public, or the identity of the source of any such information, or any information that would tend to identify the source of any such information, unless such judicial, executive or legislative body complies with the provisions of subsections (c) to (e), inclusive, of this section.

      (c) Prior negotiations with the news media shall be pursued in all matters in which the issuance of a subpoena to, or the initiation of other compulsory process against, the news media is contemplated for information described in subsection (b) of this section or the identity of the source of such information, or any information that would tend to identify the source of any such information.

      (d) If the news media and the party seeking to compel disclosure of information described in subsection (b) of this section or the identity of the source of any such information, or any information that would tend to identify the source of any such information, fail to reach a resolution, a court may compel disclosure of such information or the identity of the source of such information only if the court finds, after notice to and an opportunity to be heard by the news media, that the party seeking such information or the identity of the source of such information has established by clear and convincing evidence:

      (1) That (A) in a criminal investigation or prosecution, based on information obtained from other sources than the news media, there are reasonable grounds to believe that a crime has occurred, or (B) in a civil action or proceeding, based on information obtained from other sources than the news media, there are reasonable grounds to sustain a cause of action; and

      (2) That (A) the information or the identity of the source of such information is critical or necessary to the investigation or prosecution of a crime or to a defense thereto, or to the maintenance of a party's claim, defense or proof of an issue material thereto, (B) the information or the identity of the source of such information is not obtainable from any alternative source, and (C) there is an overriding public interest in the disclosure.

      (e) A court of this state shall apply the procedures and standards specified by this section to any subpoena or other compulsory process whether it arises from or is associated with a proceeding under the laws of this state or any other jurisdiction, except that with respect to a proceeding arising under the laws of another jurisdiction, a court of this state shall not afford lesser protection to the news media than that afforded by such other jurisdiction. No subpoena or compulsory process arising from or associated with a proceeding under the laws of another jurisdiction shall be enforceable in this state unless a court in this state has personal jurisdiction over the person or entity against which enforcement is sought.

      (f) The provisions of subsection (b) of this section protecting from compelled disclosure information described in said subsection and the identity of the source of any such information shall also apply if a subpoena is issued to, or other compulsory process is initiated against, a third party that seeks information concerning business transactions between such third party and the news media for the purpose of obtaining information described in said subsection or discovering the identity of a source of any such information. Whenever a subpoena is issued to, or other compulsory process is initiated against, a third party that seeks information concerning business transactions between such third party and the news media, the affected news media shall be given reasonable and timely notice of the subpoena or compulsory process before it is executed or initiated, as the case may be, and an opportunity to be heard.

      (g) Publication or dissemination by the news media of information described in subsection (b) of this section, or a portion thereof, shall not constitute a waiver of the protection from compelled disclosure provided in said subsection with respect to any information that is not published or disseminated.

      (h) Any information obtained in violation of the provisions of this section, and the identity of the source of such information, shall be inadmissible in any action, proceeding or hearing before any judicial, executive or legislative body.

      (i) Whenever any person or entity seeks the disclosure from the news media of information that is not protected against compelled disclosure pursuant to subsection (b) of this section, such person or entity shall pay the actual cost that would be incurred by the news media in making a copy of such information if a subpoena or other compulsory process was not available, and may not use a subpoena or other compulsory process as a means to avoid paying such actual cost.

      (j) Nothing in subsections (a) to (i), inclusive, of this section shall be construed to deny or infringe the rights of an accused in a criminal prosecution guaranteed under the sixth amendment to the Constitution of the United States and article twenty-ninth of the amendments to the Constitution of the state of Connecticut.

      (P.A. 06-140, S. 1-8.)

      Sec. 52-147. Written statements in actions to recover damages for personal injuries. In any action to recover damages for personal injuries no written statement concerning the facts out of which the cause of action arose given by either party to the other, or to his agent, attorney or insurer, shall be admissible in evidence unless the name and address of the person taking such statement appears thereon and unless a copy thereof is retained by the party giving such statement or delivered to him at the time such statement was given or within thirty days thereafter.

      (1949 Rev., S. 7870; 1959, P.A. 541.)

      History: 1959 act required name and address of person taking statement.

      Provides only for recovery of damages for personal injuries and does not apply in an action to recover for breach of contract. 143 C. 372. Retroactive effect should not be given to 1959 amendment re name and address of person taking statement. 148 C. 447. Cited. 211 C. 555.

      Work-product privilege is accorded only to product of lawyers; hence statement obtained by claims adjuster of defendant's insurer from defendant operator was ordered produced upon plaintiff's motion for disclosure and production. 28 CS 212.

      A printed form sent by defendant's liability insurer to plaintiffs and filled out by them was properly excluded from evidence in personal injury action of named plaintiff because no copy was given to him as required by this section. 3 Conn. Cir. Ct. 366.

      Sec. 52-148. Depositions in civil actions and probate proceedings. Section 52-148 is repealed.

      (1949 Rev., S. 7871; 1955, S. 3152d; 1957, P.A. 212; 1961, P.A. 505, S. 1; 1963, P.A. 98; 642, S. 83; P.A. 76-80, S. 2, 3; 76-273, S. 6.)

      Sec. 52-148a. Taking of depositions. When court order necessary. (a) Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.

      (b) If the party initiating the action or proceeding seeks to take a deposition prior to the expiration of twenty days after the return day in civil actions or prior to twenty days after service of the notice of deposition in a probate proceeding, he shall obtain an order of the court, except such order shall not be required (1) if an adverse party has served a notice of taking a deposition or otherwise sought discovery, or (2) if special notice has been given as provided in subsection (b) of section 52-148b.

      (c) The deposition of a person confined in prison may be taken only by an order of the court on such terms as the court prescribes.

      (P.A. 76-273, S. 1.)

      Cited. 211 C. 555. Cited. 216 C. 483. Cited. 229 C. 716. Cited. 230 C. 1.

      Cited. 25 CA 126.

      Sec. 52-148b. Notice of taking of deposition. (a) No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.

      (b) An order of the court is not required for the taking of a deposition by the party initiating a civil action or probate proceeding if the notice (1) states that the person to be examined is about to go out of this state, or is bound on a voyage to sea, and will be unavailable for examination unless his deposition is taken before expiration of the twenty-day period, and (2) sets forth facts to support such statements. The attorney for the party seeking to take the deposition shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true.

      (c) Whenever the whereabouts of any adverse party is unknown, a deposition may be taken pursuant to section 52-148a after such notice as the court, in which such deposition is to be used, or, when such court is not in session, any judge thereof, may direct.

      (P.A. 76-273, S. 2.)

      Cited. 211 C. 555. Cited. 216 C. 483. Cited. 229 C. 716.

      Sec. 52-148c. Before whom depositions may be taken. (a) Within this state, depositions shall be taken before a judge or clerk of any court, justice of the peace, notary public or commissioner of the Superior Court.

      (b) In any other state or country, depositions for use in a civil action or probate proceeding within this state shall be taken before a notary public, a commissioner appointed by the Governor of this state, any magistrate having power to administer oaths or a person commissioned by the court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of his commission to administer any necessary oath and to take testimony. Additionally, if a deposition is to be taken out of the United States, it may be taken before any foreign minister, secretary of a legation, consul or vice-consul, appointed by the United States or any person by him appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the Secretary of State of the United States.

      (P.A. 76-273, S. 3.)

      Cited. 205 C. 542. Cited. 211 C. 555. Cited. 229 C. 716.