Catchline at repeal: Psychiatrist-patient privilege -- Limitations.
History: Repealed 1990 Ky. Acts ch. 88, secs. 92 and 93, effective July 1, 1992. --
Created 1966 Ky. Acts ch. 121, secs. 1 to 3.
Note: Repeal of this section became effective July 1, 1992, in compliance with 1992 Ky.
Acts ch. 324, secs. 30 and 33.
Notes of Decisions
Cited in
15
cases, 1976–2017 · leading case:
Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002).
Stidham v. Clark, 74 S.W.3d 719 (Ky. 2002).
· cites it 10× “110, [1] and a statutory psychiatrist-patient privilege since 1966, KRS 421.215. [2] Unlike the testimonial privileges recognized in federal courts that, pursuant to Federal Rule of Evidence (FRE) 501, are the product of common law development, [3] Kentucky's testimonial…”
Commonwealth v. Barroso, 122 S.W.3d 554 (Ky. 2003).
· cites it 2× “Thus, Eldred’s holding that a criminal defendant’s constitutional rights prevail over a state statute affording an absolute privilege for a witness’s psychotherapy records applies under the regime of KRE 507 as it did under KRS 421.215. The relevancy of this type of evidence; to…”
Matthews v. Simpson, 603 F. Supp. 2d 960 (W.D. Ky. 2009).
· cites it 8× “Chutkow 228) Next, citing Ky.Rev.Stat. § 421.215(2), Matthews complains that his constitutional rights were violated when statements he made to Dr.”
Williams v. Commonwealth, 829 S.W.2d 942 (Ky. Ct. App. 1992).
· cites it 4× “KRS 421.215 provides that communications between a patient and a psychiatrist are to be confidential and privileged.”
Atwood v. Atwood, 550 S.W.2d 465 (Ky. 1976).
· cites it 3× “Glasgow are psychiatrists who have seen the Respondent in their professional capacities as psychiatrists, and that any and all communications by and between the aforesaid psychiatrists and the Respondent are privileged under the provisions of KRS 421.215 (1966).” The court…”
Myers v. Commonwealth, 87 S.W.3d 243 (Ky. 2002).
· cites it 4× “under pre-existing evidence rules must be retried or reconsidered under the same rules if retrial or reconsideration becomes necessary.”
Matthews v. Commonwealth, 709 S.W.2d 414 (Ky. 1985).
“KRS 421.215(2) sets out the psychiatrist-patient privilege, and its limitations.”
Hodge v. Commonwealth, 17 S.W.3d 824 (Ky. 2000).
“KRE 507 and former KRS 421.215 and KRS 319.111 (both repealed by 1990 Ky.”
Bond v. Bond, 887 S.W.2d 558 (Ky. Ct. App. 1994).
· cites it 2× “340 (the custody modification statute) in light of KRS 421.215 (repealed and superseded by KRE 507) much the same way as did the Carney court.”
— Ky. Rev. Stat. § 421.215(2) — 4 cases
Matthews v. Simpson, 603 F. Supp. 2d 960 (W.D. Ky. 2009).
“Chutkow 228) Next, citing Ky.Rev.Stat. § 421.215(2), Matthews complains that his constitutional rights were violated when statements he made to Dr.”
Commonwealth v. Barroso, 122 S.W.3d 554 (Ky. 2003).
“Thus, Eldred’s holding that a criminal defendant’s constitutional rights prevail over a state statute affording an absolute privilege for a witness’s psychotherapy records applies under the regime of KRE 507 as it did under KRS 421.215. The relevancy of this type of evidence; to…”
Matthews v. Commonwealth, 709 S.W.2d 414 (Ky. 1985).
“KRS 421.215(2) sets out the psychiatrist-patient privilege, and its limitations.”
— Ky. Rev. Stat. § 421.215(3)(b) — 1 case
Myers v. Commonwealth, 87 S.W.3d 243 (Ky. 2002).
“under pre-existing evidence rules must be retried or reconsidered under the same rules if retrial or reconsideration becomes necessary.”
— Ky. Rev. Stat. § 421.215(3)(c) — 5 cases
Atwood v. Atwood, 550 S.W.2d 465 (Ky. 1976).
“Glasgow are psychiatrists who have seen the Respondent in their professional capacities as psychiatrists, and that any and all communications by and between the aforesaid psychiatrists and the Respondent are privileged under the provisions of KRS 421.215 (1966).” The court…”
Bond v. Bond, 887 S.W.2d 558 (Ky. Ct. App. 1994).
“340 (the custody modification statute) in light of KRS 421.215 (repealed and superseded by KRE 507) much the same way as did the Carney court.”
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