(a) Except as provided in sections
52-146c to
52-146j, inclusive, sections
52-146p,
52-146q and
52-146s, 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, licensed pursuant to section
20-9, or other licensed health care provider, shall not disclose (1) any communication made to him or her by, or any information obtained by him or her 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 that patient's authorized representative explicitly consents to such disclosure.
(b) Consent of the patient or the patient's 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 the physician's, surgeon's or other licensed health care provider's 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 intellectual disability is known or in good faith suspected.
(P.A. 90-177; P.A. 91-141; P.A. 96-47, S. 13; P.A. 11-129, S. 20; P.A. 13-208, S. 63.)
History: P.A. 91-141 rephrased provisions re exceptions to the prohibition on disclosure and added Subsec. (b)(2) and (3) re disclosure to the attorney or professional liability insurer of a physician, surgeon or licensed health care provider and 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 Sec. 20-7b(b) and inserted new Subsec. (b)(3) 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 ...”); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (b); P.A. 13-208 amended Subsec. (a) by adding reference to Secs. 52-146p, 52-146q and 52-146s, substituting reference to Sec. 20-9 for reference to Sec. 20-7b(b), adding provision re other licensed health care provider and making technical changes, and amended Subsec. (b) by making technical changes.
Cited. 225 C. 700; 240 C. 658. A duty of confidentiality arises from the physician-patient relationship and that unauthorized disclosure of confidential information obtained in the course of that relationship gives rise to a cause of action sounding in tort against the health care provider, unless the disclosure is otherwise allowed by law. 327 C. 540. Court cannot conclude that any disclosure of medical records in response to a subpoena complies with Subsec. (b) because a subpoena, without a court order, is not a statute, regulation of a state agency, or rule of the court. Id.
Statutory privilege for medical records does not apply to criminal proceedings. 74 CA 633.
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 1992–2024 · leading case:
State v. Orr, 969 A.2d 750 (Conn. 2009).
State v. Orr, 969 A.2d 750 (Conn. 2009).
· cites it 19× “2d 803 (1997) (interpretation of General Statutes § 52-146o, physician-patient confidentiality statute).”
Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., 175 A.3d 1 (Conn. 2018).
· cites it 24× “ally, the operative complaint in the present case alleges that the defendant: (1) breached its contract with her when it violated its privacy policy by disclosing her protected health information without authorization; (2) acted negligently by failing to use proper and…”
Viera v. Cohen, 927 A.2d 843 (Conn. 2007).
· cites it 14× “See General Statutes § 52-146o. [14] "Consideration consists of a benefit *862 to the party promising, or a loss or detriment to the party to whom the promise is made.”
Edelstein v. Dep't of Pub. Health & Addiction Servs., 692 A.2d 803 (Conn. 1997).
· cites it 33× “This appeal involves the interpretation of the physician-patient privilege statute, General Statutes § 52-146o. 1 The principal issues raised by this appeal are: (1) whether § 52-146o applies to medical records containing patient communications made before the effective date of…”
Calcano v. Calcano, 777 A.2d 633 (Conn. 2001).
· cites it 17× “ords exception; General Statutes § 52-180; 3 did not *233 apply; (2) the notes and transcription did not satisfy the admissibility requirements of General Statutes § 52-174 4 pertaining to medical records and reports of a *234 deceased expert witness; (3) the transcription…”
Jane Doe v. Cochran, 210 A.3d 469 (Conn. 2019).
· cites it 5× “General Statutes § 52-146o was enacted in 1990; see Public Acts 1990, No.”
State v. Anderson, 813 A.2d 1039 (Conn. App. Ct. 2003).
· cites it 9× “The defendant has asserted that claim pursuant to General Statutes § 52-146o. 9 We are not persuaded.”
State v. Ross, 646 A.2d 1318 (Conn. 1994).
· cites it 2× “See General Statutes § 52-146o; C. Tait & J. LaPlante, Connecticut Evidence (2d Ed.”
Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009).
· cites it 4× “not disclosable absent waiver “in any civil or criminal case or proceeding or in any legislative or administrative proceeding”); General Statutes § 52-146n(b) (communications between judicial branch employee and employee assistance program counselor not disclosable absent waiver…”
Vazquez v. Comm'r of Corr., 17 A.3d 1089 (Conn. App. Ct. 2011).
· cites it 3× “The respondent objected on the grounds that General Statutes § 52-146o barred such disclosure, in a civil proceeding, absent express consent by the patient or his authorized representative, and Donald Cardwell’s authorized representative, his widow and executrix, Joan Wentworth,…”
Alexandru v. West Hartford Obstetrics & Gynecology, P.C., 827 A.2d 776 (Conn. App. Ct. 2003).
· cites it 7× “1 In count two of the revised complaint, the plaintiff alleged that the defendant improperly had released her medical records and attendant private information in violation of General Statutes §§ 52-146o (a) and 52-1461 In count three, the plaintiff alleged that by improperly…”
Alexandru v. Dowd, 830 A.2d 352 (Conn. App. Ct. 2003).
· cites it 2× “, supra, 525, we determined that Gerber, the plaintiffs expert, had disclosed the plaintiffs medical records pursuant to applicable rules of court and that his disclosure did not violate General Statutes § 52-146o (a).”
— Conn. Gen. Stat. § 52-146o(a) — 1 case
Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009).
“not disclosable absent waiver “in any civil or criminal case or proceeding or in any legislative or administrative proceeding”); General Statutes § 52-146n(b) (communications between judicial branch employee and employee assistance program counselor not disclosable absent waiver…”
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