Mississippi Code
Miss. Code Ann. § 13-1-21 (2026)
Communications privileged; exception
✓ current as of July 2026
- (1) All communications made to a physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one seeking professional advice are hereby declared to be privileged, and such party shall not be required to disclose the same in any legal proceeding except at the instance of the patient or, in case of the death of the patient, at the instance of his personal representative or legal heirs in case there be no personal representative, or except, if the validity of the will of the decedent is in question, at the instance of the personal representative or any of the legal heirs or any contestant or proponent of the will.
- (2) Waiver of the medical privilege of patients regarding the release of medical information to health care personnel, the State Board of Health or local health departments, made to comply with Sections 41-3-15, 41-23-1 and 41-23-2 and related rules, shall be implied. The medical privilege likewise shall be waived to allow any physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor to report to the State Department of Health necessary information regarding any person afflicted with any communicable disease or infected with the causative agent thereof who neglects or refuses to comply with accepted protective measures to prevent the transmission of the communicable disease.
- (3) Willful violations of the provisions of this section shall constitute a misdemeanor and shall be punishable as provided for by law. Any physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist, or chiropractor shall be civilly liable for damages for any willful or reckless and wanton acts or omissions constituting such violations.
- (4) In any action commenced or claim made after July 1, 1983, against a physician, hospital, hospital employee, osteopath, dentist, nurse, pharmacist, podiatrist, optometrist or chiropractor for professional services rendered or which should have been rendered, the delivery of written notice of such claim or the filing of such an action shall constitute a waiver of the medical privilege and any medical information relevant to the allegation upon which the cause of action or claim is based shall be disclosed upon the request of the defendant, or his or her counsel.
- (5) In any disciplinary action commencing on or after July 1, 1987, against a medical physician, an osteopathic physician or a podiatrist pursuant to the provisions of Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 and 73-27-1 through 73-27-19, waiver of the medical privilege of a patient to the extent of any information other than that which would identify the patient shall be implied.
- (6) The Mississippi State Asylum Records shall be exempt from the requirements of this section, provided that such records relating to any person who has not been deceased for at least fifty (50) years shall not be exempt.
Codes, 1906, § 3695; Hemingway's 1917, § 6380; 1930, § 1536; 1942, § 1697; Laws, 1944, ch. 315; Laws, 1968, ch. 441, § 4; Laws, 1976, ch. 347; Laws, 1979, ch. 408; Laws, 1982, ch. 407; Laws, 1983, ch. 327; Laws, 1987, ch. 500, § 2; Laws, 1988, ch. 557, § 3, eff. 7/1/1988.
Amended by Laws, 2023, ch. 337, SB 2797,§ 6, eff. 7/1/2023.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1980–2022 · leading case: Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007).
Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007). “Contrary to the majority's holding, Miss.Code Ann. § 13-1-21 (Rev.2002) is not a mere evidentiary statute that this Court has the authority to overrule.”
Scott v. Flynt, 704 So. 2d 998 (Miss. 1996). “503 and Miss. Code Ann. § 13-1-21 (4) is limited and not unconditional as ordered by the trial court.”
Swan v. Ip, Inc., 613 So. 2d 846 (Miss. 1993). “See also, Miss. Code Ann. § 13-1-21 (4) (Supp. 1988).”
Jim Doe v. Rankin Med. Ctr., 195 So. 3d 705 (Miss. 2016). “See Miss.Code Ann. § 13-1-21. ¶34. The physician-patient and/or, healthcare provider-patient privilege did not exist at common law.”
State v. Baptist Mem'l Hosp.-Golden Triangle, 726 So. 2d 554 (Miss. 1998). “The hospital refused to comply with the subpoena duces tecum and the search warrant based on Miss.Code Ann. § 13-1-21, physician-patient privilege.”
Baptist Mem. Hosp. v. Johnson, 754 So. 2d 1165 (Miss. 2000). “Under Miss.Code Ann. § 13-1-21 (Supp.1996) the applicable privilege is statutorily created and states: (1) All communications made to a physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one…”
Touchstone v. Touchstone, 682 So. 2d 374 (Miss. 1996). “Miss. Code Ann. § 13-1-21 provides a privilege for communications between a patient and physician, osteopath, dentist, hospital, nurse, pharmacist, podiatrist, optometrist or *380 chiropractor.”
In re Zyprexa Prods. Liab. Litig., 254 F.R.D. 50 (E.D.N.Y 2008). “§ 13:3734(A)(1); Miss.Code Ann. § 13-1-21; Mont.Code Ann. §§ 50-16-525, 50-16-535; La.”
Edwards v. Ellis, 478 So. 2d 282 (Miss. 1985). “Miss. Code Ann. § 13-1-21 (Supp. 1984). In refutation of Edwards's assertion of privilege, Ellis produced a medical authorization form, signed by Edwards and witnessed by his wife, which stated, in part, that it "constitutes [Edwards's] waiver of the physician/patient privilege…”
Lauderdale Cnty. Dhs v. Thg, 614 So. 2d 377 (Miss. 1993). “In relevant part, the statute provides that: All communications made to a physician, osteopath, dentist, hospital nurse, pharmacist, podiatrist, optometrist or chiropractor by a patient under his charge or by one seeking professional advice are hereby declared to be privileged,…”
Haynes v. Anderson, 597 So. 2d 615 (Miss. 1992). “Miss. Code Ann. § 13-1-21 (1972 & Supp. 1991) created a physician/patient privilege.”
Tinnon v. Martin, 716 So. 2d 604 (Miss. 1998). “The lower court entered an order allowing ex parte conferences on June 16, 1995, waiving the privilege only as to relevant information, relying on Miss. Code Ann. § 13-1-21 (4). The order provided that disclosure should not be limited by the patient or his attorney as to time,…”
Miss. Code Ann. § 13-1-21(1): 5 cases
Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007). “Contrary to the majority's holding, Miss.Code Ann. § 13-1-21 (Rev.2002) is not a mere evidentiary statute that this Court has the authority to overrule.”
State v. Baptist Mem'l Hosp.-Golden Triangle, 726 So. 2d 554 (Miss. 1998). “The hospital refused to comply with the subpoena duces tecum and the search warrant based on Miss.Code Ann. § 13-1-21, physician-patient privilege.”
Jones v. State, 881 So. 2d 209 (Miss. Ct. App. 2003).
Robinson v. State, 875 So. 2d 230 (Miss. Ct. App. 2004).
State v. BMH-GT, 726 So. 2d 554 (Miss. 1998).
Miss. Code Ann. § 13-1-21(3): 3 cases
Franklin Collection Serv., Inc. v. Kyle, 955 So. 2d 284 (Miss. 2007). “Contrary to the majority's holding, Miss.Code Ann. § 13-1-21 (Rev.2002) is not a mere evidentiary statute that this Court has the authority to overrule.”
Jim Doe v. Rankin Med. Ctr., 195 So. 3d 705 (Miss. 2016). “See Miss.Code Ann. § 13-1-21. ¶34. The physician-patient and/or, healthcare provider-patient privilege did not exist at common law.”
Thornton v. Statcare, PLLC, 988 So. 2d 387 (Miss. Ct. App. 2008).
Miss. Code Ann. § 13-1-21(4): 2 cases
Johnson v. Mem'l Hosp. at Gulfport, 732 So. 2d 864 (Miss. 1998).
Keith Johnson v. Mem'l Hosp. at Gulfport (Miss. 1997).
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