Connecticut Law Revision Commission, Statutory Privileges, Draft #2

CONNECTICUT STATUTORY PRIVILEGES (Staff Draft #2)

Be it enacted by the Senate and the House of Representatives in General Assembly convened:

Section 1. (NEW) Definitions. As used in sections 2 to 7, inclusive, of this act:

(1) "Authorized representative" means (A) an individual empowered by a person to assert the confidentiality of communications or records 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;

(2) "Clergy member" means a priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which the member belongs and is settled in the work of the ministry;

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

(4) "Mental health facility" includes any hospital, clinic, ward, psychiatrist's or therapist’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;

(5) "Physician" means a physician or surgeon as defined in subsection (b) of section 20-7b or a psychiatrist;

(6) "Psychiatrist" means an individual 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;

(7) " Therapist" means (A) an individual authorized to practice as a psychologist under the laws of any state or country, or reasonably believed by a person to be so authorized, while engaged as described in (A), or (B) an individual authorized to practice as a clinical social worker in any state or country, or reasonably believed by a person to be so authorized, or (C) an individual authorized to practice as a marital and family therapist in any state or country, or reasonably believed by a person to be so authorized;

COMMENT

In addition to the privileges included in this act, the drafting committee considered the following statutory sections that address privileged communications: Battered Women's or Sexual Assault Counselors (sec. 52-146k); Conciliators and Mediators (secs. 46b-53 and 46b-53a); Employee Assistance Program Counselor (sec. 52-146n); Privileges Related to Juveniles (secs. 10-154a, 17a-101 et.seq., 17a-688, 46b-129a(3), 46b-138 and 46-138a); Privileges Related to Disabled Persons (secs. 46a-12, 52-146l, 52-146m) and Informers (29-1d).

The drafting committee chose not to include these privileges in this act, because the committee believes some of the statutory sections granting the privileges are so integral to their surrounding sections that removing them from their current locations would disrupt the continuity of the sections. Further, the drafting committee excluded any statutory section concerning confidential communications whose primary purpose seems to be to protect confidentiality, usually of records, rather than to create a privilege. Finally, the drafting committee was interested in codifying and making uniform those privileges that might be deemed "traditional" privileges (doctor-patient, husband-wife, e.g.), rather than in identifying every privilege that might exist in the general statutes, and limited itself to that purpose.

This section consolidates all the definitions of terms used in sections 2 through 7 of this act, except the term "communications". That definition is different for each section and should be defined appropriately in each.

(1) This term is defined in present sections 52-146c, 52-146d, 52-146p and 52-146q of the General Statutes.

(2) Present section 52-146b addresses the clerical privilege. The gender-neutral term "clergy member" replaces the existing "clergyman."

(3) The definition is taken from present sections 52-146c, 52-146d, 52-146p and 52-146q.

(4) This definition is taken from present section 52-146d. The phrase "or therapist" was added before "office" to include the offices of the individuals defined as therapists, including psychologists, in the definition.

(5) This definition is taken from present section 52-146o.

The phrase ", as defined in subsection (b) of section 20-7b" is problematic. By citing the referenced section, "physician" includes, in addition to the expected medical providers, hypertrichologists, veterinarians, speech pathologists, massage therapists and hearing aid dealers, among others. Interestingly, the referenced section does not provide definitions either for "physician" or "surgeon."

THE DRAFTING COMMITTEE RECOMMENDS deleting the reference to section 20-7b and specifying the following professionals in this definition: physicians, physician assistants, osteopaths, chiropractors, substance abuse counselors, nurses, dentists and psychologists. [MAY NEED TO BE REVISED.]

THE DRAFTING COMMITTEE RECOMMENDS FURTHER that the following phrase, similar to the one found presently in the definition for "psychiatrist," be added to this definition: "or a person reasonably believed by the patient to be one of the specified professionals."

(6) This definition is taken from section 52-146d (7).

(7) The definition combines the definitions of "psychologist" found in Rule 503(a)(3) of the Uniform Rules of Evidence (URE), "social worker" from present section 52-146q, and "marital and family therapist" from present section 52-146p.

The definition of psychologist differs from that found in section 52-146c(a)(2) in that it includes psychologists licensed or certified in any state or country, while the present Connecticut definition applies only to psychologists licensed in Connecticut pursuant to chapter 383. The drafting committee believes the more expansive definition reflects the better approach.

Similarly, the definitions of marital and family therapist and social worker are expanded from their present statutory definitions to include any therapist or social worker authorized to practice in any state or country. The present definitions would not require a therapist or social worker to be licensed in Connecticut as mandated by the present statutes.

Sec. 2. (NEW) Scope of privileges.

All confidential communications, as defined in sections 4 to 6, inclusive, of this act, shall be privileged and shall not be disclosed in civil and criminal actions, in juvenile, probate, commitment and arbitration proceedings, in proceedings preliminary to such actions or proceedings, or in legislative and administrative proceedings, unless the person holding the privilege or his authorized representative waives the privilege.

COMMENT

The language in this section is found in present sections 52-146c(b), 52-146p(b) and 52-146q(b). The drafting committee deleted the following language found in the foregoing statutes: "consents to waive the privilege and allow such disclosure." The revision reflects the committee's belief that the present language confuses the distinct concepts of a person's consenting to disclosure of confidential communications and the person's waiver of his privilege. This section addresses only the waiver of privilege and leaves the confidentiality matter to other sections.

This section applies the same scope to all of the privileges established in sections 4 through 6 of this act.

Sec. 3. (NEW) Who may claim a privilege.

A privilege may be claimed by a person making a confidential communication, as defined in sections 4 to 6, inclusive, of this act or by the person's authorized representative. The individual who was the physician, therapist, spouse or clergyman at the time of the confidential communication is presumed to have authority to claim the privilege, but only on behalf of the person.

COMMENT

This section is taken from Rule 503(c) of the URE and revised to conform to other sections of this act.

Sec. 4. (NEW) Privileged communications made to physician or therapist.

(a) Definitions of "communications," "confidential communication".

As used in this section "communications" means all oral and written communications and records relating to the diagnosis and treatment of a person between such person and a physician or therapist. A communication is "confidential" if it is not intended to be disclosed to third persons, except persons present to further the interest of the person in the consultation, examination, or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis or treatment under the direction of the physician or therapist, including members of the person's family or an authorized representative.

COMMENT

This section combines present sections 52-146c, 52-146d, 52-146f and 52-146o, 52-146p and 52-146q of the General Statutes and parts of Rule 503 of the Uniform Rules of Evidence (URE). The section maintains current Connecticut law without revision, except as indicated in succeeding commentary and as necessary for consistency of form and language.

Subsection (a) defines both "communications" and "confidential communications." The first sentence of the definition is taken from present section 52-146c(a)(3), 52-146p(a)(5) and 52-146q(a)(5). The definition of "communications and records" in section 52-146d(2) is deleted. The second sentence is taken from URE 503(a)(5) with the addition in the last line of "or an authorized representative," which is a term defined in Connecticut law.

THE DRAFTING COMMITTEE RECOMMENDS adding after "including members of the person’s family or an authorized representative": "or other participants in joint or group counseling sessions,". The added language would assure the confidentiality of such disclosures, which may arguably be included already under the present definition. The language is taken from the Vermont Statutes Annotated, Vermont Rules of Evidence, Rule 503(a)(6).

(b) General rule of privilege.

A person has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications or any information obtained by personal examination of the person made for the diagnosis or treatment of the person's physical, mental or emotional condition, including addiction to alcohol or drugs, among the person, the person's physician or therapist and others, including members of the person's family and the person's authorized representative, who are participating in the diagnosis or treatment under the direction of the physician or therapist.

COMMENT

This subsection is taken from Rule 503(b) of the URE. The privilege as formulated in the first sentence does not include the seemingly more expansive phraseology in section 52-146o(a)(1): "with respect to any actual or supposed physical or mental disease or disorder." The drafting committee believes the language in the subsection applies to any consultation about any physical or mental disorder of the person, whether or not the disorder actually exists. The subsection creates a standard privilege applicable to all physician's and therapists as defined.

(c) Exceptions.

There is no privilege under this section for a confidential communication:

[(1) When any statute or regulation of any state agency or any rule of court permits the disclosure of a confidential communication without the consent of the person entitled to the privilege;]

(2) when made to a physician or therapist and disclosed to other persons engaged in the diagnosis or treatment of the person or when transmitted to another mental health facility to which the person is admitted for diagnosis or treatment if the physician or therapist in possession of the communications determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment. The person shall be informed that the communications 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 persons;

(3) when a physician or therapist determines that there is substantial risk of imminent physical injury by a person to himself or others or when a physician or therapist, in the course of diagnosis or treatment of the person, finds it necessary to disclose the communications or records for the purpose of placing the person in a mental health facility, by certification, commitment or otherwise, provided the provisions of this section shall continue in effect as to the physician, therapist and mental health facility after the person is in the facility;

(4) when made to a physician or therapist in the course of a psychological 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 at judicial or administrative proceedings in which the person 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 person 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 person's mental condition;

(5) [made to a psychiatrist] when, 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, the person's condition is introduced by a party claiming or defending through or as a beneficiary of the person 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 the person and the psychiatrist;

(6) when made to a physician or therapist and disclosed to 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;

(7) when made to a physician or therapist and disclosed to a 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 communication 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) when disclosed by a physician or therapist 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;

(9) when made to a physician or therapist when 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 and the person is believed to be the perpetrator or victim of such abuse.

(10) when, except as provided in section 17b-225, the name, address and fees for services by a physician or therapist to a person are disclosed to individuals or agencies involved in the collection of fees for such services, including a provider of behavioral health services that contracts with the Department of Mental Health and Addiction Services when requesting payment, provided notification that such disclosure to the department 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 fee or claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact provided the services; (B) the diagnosis, where applicable; (C) the dates and duration of treatment; and (D) a general description of the treatment, which shall include evidence, where applicable, 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 persons in section 4-105.

COMMENT

This subsection follows the structure of Rule 503(d) of the URE, but substantively follows Connecticut law.

Some of the exceptions presently apply to certain of the covered professionals, but not others. The drafting committee believes that the all of the exceptions conceptually apply to all professionals, as defined, and have drafted them to apply universally.

(1) This exception exists under present section 52-146o(b)(1).

THE LANGUAGE IS BRACKETED BECAUSE THE DRAFTING COMMITTEE RECOMMENDS deleting the exception, or at least deleting the reference to state agency regulations. The committee believes that the provision is overly broad and inappropriately permits state agencies to create or nullify privileges. See also section 4-178.

(2) This language appears in present section 52-146f(1) and 52-146q(c)(1).

(3) Combines language from present sections 52-146c(c)(3) and 52-146f(2)

(4) Taken from present sections 52-146f(4) and 52-146q(c)(3). The same concept is found in Rule 503d(2) of the URE.

(5) Taken from present sections 52-146c(c)(2), 52-146f(5) and 52-146q(c)(4) and found in Rule 503d(3) of the URE. The present statute limits the required balancing of interests to communications made only to a psychiatrist, and only when a person’s mental condition is in issue.

THE BRACKETED LANGUAGE REFLECTS THE DRAFTING COMMITTEE’S RECOMMENDATION that the exception be expanded to apply the required balancing of interests to statements made to all defined medical providers when a person’s medical condition is in issue, not just to those made to psychiatrists. In addition, the drafting committee believes the balancing of communications concerning a person’s mental condition should apply when the person’s physical condition is in issue.

(6) Taken from present sections 52-146f(6) and 52-146o(b)(3).

(7) Taken from present section 52-146f(7). The drafting committee deleted references to "the immediate family," because the term is too ambiguous, and because the victim or victim's estate will be represented by an identifiable legal representative who may have access to the privileged communication.

The drafting committee also deleted the provision limiting disclosure of the communication to a request made within six years after the finding against the defendant-person. The time limit seemed arbitrary, and the drafting committee believes that the provision limiting the availability of the communication to the pendency of the civil action is sufficient.

(8) Taken from present section 52-146o(b)(2).

(9) Taken from present section 52-146o(b)(4) and found in Rule 503d(6) of the URE.

(10) Taken from present sections 52-146f (3)and (8), 52-146p(c)(3), and 52-146q(c)(5)

Sec. 5. (NEW) Husband-wife privilege.

(a) Definitions of "communications," "confidential communication".

As used in this section "communications" means all oral and written communications and records of a person between such person and the person's spouse. A communication is "confidential" if it is not intended to be disclosed to third persons, except persons reasonably necessary for the transmission of the communication or an authorized representative.

(b) General rule of privilege.

A person has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made by the person to the person's spouse during their marriage.

COMMENT

Connecticut common law first recognized a privilege for confidential communications between spouses in State v. Littlejohn, 199 Conn. 631, 649 (1986). While the Littlejohn case is criminal, the court cited earlier cases, both criminal and civil, that suggest such a privilege existed. Thus the privilege is applicable in both civil and criminal contexts. See also Handbook of Connecticut Evidence, Tait & LaPlante, sec. 12.6.1, p. 451.

This subsection is in accord with State v. Littlejohn, supra. Littlejohn at p. 650 specifies that communications between spouses must be confidential to be protected.

(c) Privilege of spouse of person on trial for a crime.

If any person on trial for crime has a spouse, that spouse shall be a competent witness but may elect or refuse to testify for or against the accused, except that either spouse who has received personal violence from the other or is the spouse of one who is charged with violation of any of sections 53-20, 53-21, 53-23, 53-304, 53a-70, 53a-70a, 53a-71 and 53a-83 to 53a-88, inclusive, may, upon his or her trial for offenses arising out of such personal violence or from violation of the provisions of any of said sections, be compelled to testify in the same manner as any other witness.

COMMENT

This subsection tracks present section 54-84a.

(d) Exceptions.

There is no privilege under this section for a confidential communication:

(1) When an action is brought against an individual for necessaries furnished the individual's spouse while living apart from the spouse;

(2) in any proceeding under sections 46b-212 to 46b-213v, inclusive.

COMMENT

(1) The language in this subsection is taken from section 52-146. The present language has been revised to make it gender-neutral.

(2) This language tracks that in from present section 46b-231a(h) of the Uniform Interstate Family Support Act.

Sec. 6. (NEW) Privileged communications made to a clergy member.

(a) Definition of "communications," "confidential communication".

As used in this section "communications" means all oral and written communications and records between a person and a clergy member during a clerical consultation. A communication is "confidential" if it is not intended to be disclosed to third persons, except persons present to further the interest of the person in the clerical consultation, persons reasonably necessary for the transmission of the communication, or persons who are participating in the clerical consultation under the direction of the clergy member, including members of the person's family or an authorized representative.

COMMENT

This section replaces present section 52-146b.

(a) These definitions are not found in the present statute. The terms are used in the section, however, and the definitions track those used in other privilege sections.

(b) General privilege.

A person has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made to a clergyman in his professional capacity.

COMMENT

The language in this subsection is substantially similar to that in section 52-146b.

Sec. 7. (NEW) Waiver of privilege. Withdrawal of waiver.

(a) Any waiver of a privilege, other than a waiver given during civil or criminal proceedings, in juvenile, probate, commitment and arbitration proceedings, in proceedings preliminary to such actions or proceedings, or in legislative and administrative proceedings, shall specify to what person or agency the information is to be disclosed and to what use it will be put. In the case of a marital and family therapist, where more than one person in a family is receiving therapy, each such family member shall consent to the waiver. In the absence of a waiver from each such family member, a marital and family therapist shall not disclose communications with any family member.

COMMENT

(a) This subsection is taken from present section 52-146e(b) and is similar to language in sections 52-146p(b) and 52-146q(b). The last sentence comes from section 52-146p(b).

[(b) Any waiver of a privilege as to confidential communications made to a physician, other than a psychiatrist, shall be explicit.]

COMMENT

THE DRAFTING COMMITTEE left this requirement, found in section 52-146o(a), in the draft, but RECOMMENDS deleting it. The term "explicit" is unclear. The waiver of a privilege should be uniform as to all privileges.

(c) Any person or his authorized representative may withdraw any waiver at any time. Withdrawal of a waiver shall not affect communications disclosed prior to notice of the withdrawal.

COMMENT

(b) This subsection is taken from present sections 52-146e(c), 52-146p(b) and 52-146q(b). The language has been revised to reflect the notion of waiver v. consent to disclosure, as discussed in the comments to section 2.

Sec. 8. Section 52-146e of the general statutes is repealed and the following substituted in lieu thereof:

(a) AS USED IN SECTIONS 8 TO 13, INCLUSIVE, OF THIS ACT:

(1) "AUTHORIZED REPRESENTATIVE" MEANS (A) A PERSON EMPOWERED BY A PATIENT TO ASSERT THE CONFIDENTIALITY OF COMMUNICATIONS OR RECORDS WHICH ARE PRIVILEGED UNDER SECTION 4, AS THAT SECTION APPLIES TO A PYSCHOLOGIST OR PSYCHIATRIST, OR SECTIONS 8 THROUGH 13 OF THIS ACT, 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.

COMMENT

This section and the sections following are revised versions of present sections 52-146e through 52-146j. Assuming sections 52-146c, 52-146d and 52-146o are removed from their present location in the statutes to a new statutory privileges chapter, the remaining sections, dealing with confidentiality of communications made to a psychiatrist only, must be revised to permit them to stand alone. The drafting committee has made no other revisions to these sections, except as just described.

.

Subsection (a): These definitions appear in present section 52-146d, Privileged communications between psychiatrist and patient, and apply to all sections following.

(b) 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] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 THROUGH 13 OF THIS ACT, INCLUSIVE. Except as provided in sections ~~[52-146f to 52-146i~~,] 9 TO 14 OF THIS ACT, 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)~~] (c) 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.

COMMENT

THE DRAFTING COMMITTEE RECOMMENDS deleting the phrase "waive the confidentiality" and replacing it with "disclose confidential communications" to make clear that the subsection refers to disclosure of information, rather than to a waiver of privilege, which is addressed in section 7 of this act.

[~~(c)~~] (d) 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.

Sec. 9. Section 52-146f of the general statutes is repealed and the following substituted in lieu thereof:

Consent of the patient shall not be required for the disclosure or transmission of communications 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,~~] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 TO 13, INCLUSIVE, OF THIS ACT, 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 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.

(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.

Sec. 10. Subsection (c) of section 52-146g of the general statutes is repealed and the following substituted in lieu thereof:

(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,~~] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 TO 13, INCLUSIVE, OF THIS ACT.

Sec. 11. Subsection (a) of section 52-146h of the general statutes is repealed and the following substituted in lieu thereof:

(a) Any mental health facility may 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, subject to the approval of the Board of Mental Health and Addiction Services, the overall responsibility for the care and treatment of the mentally ill. 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~~] 10 OF THIS ACT. 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.

Sec. 12. Section 52-146i of the general statutes is repealed and the following substituted in lieu thereof:

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,~~] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 TO 13, INCLUSIVE, OF THIS ACT.

Sec. 13. Section 52-146j of the general statutes is repealed and the following substituted in lieu thereof:

(a) Any person aggrieved by a violation of [~~sections 52-156d to 52-146j, inclusive,~~] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 TO 13 INCLUSIVE, OF THIS ACT 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 to trial.

(b) Any person aggrieved by a violation of [~~sections 52-146d to 52-146j, inclusive,~~] SECTION 4, AS IT APPLIES TO PSYCHIATRISTS, AND SECTIONS 8 TO 13, INCLUSIVE, OF THIS ACT may prove a cause of action for civil damages.

Sec. 14. Repealer.

Sections 52-146b to 52-146d, inclusive, and sections 52-146o to 52-146q, inclusive, are repealed.

Sec. 15. This act shall take effect on _____________.

STATEMENT OF PURPOSE: To more closely unify the language of Connecticut’s statutory privileges.