NRS
49.213 Exceptions. There
is no privilege pursuant to
NRS 49.209
or
49.211:
1. For communications relevant to an issue
in a proceeding to hospitalize the patient for mental illness, if the
psychologist in the course of diagnosis or treatment has determined that the
patient requires hospitalization.
2. For communications relevant to any
determination made pursuant to NRS 202.360.
3. For communications relevant to an issue
of the treatment of the patient in any proceeding in which the treatment is an
element of a claim or defense.
4. If disclosure is otherwise required by
state or federal law.
5. For communications relevant to an issue
in a proceeding to determine the validity of a will of the patient.
6. If there is an immediate threat that
the patient will harm himself or herself or other persons.
7. For communications made in the course
of a court-ordered examination of the condition of a patient with respect to
the specific purpose of the examination unless the court orders otherwise.
8. For communications relevant to an issue
in an investigation or hearing conducted by the Board of Psychological
Examiners if the treatment of the patient is an element of that investigation
or hearing.
9. For communications relevant to an issue
in a proceeding relating to the abuse or neglect of a person with a disability
or a person who is legally incompetent.
(Added to NRS by 1995,
2497; A 2015,
1804)
DOCTOR AND PATIENT
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1999–2022 · leading case:
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010).
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010).
· cites it 2× “2d 1149, 1154 (1977); Nev.Rev. Stat. §§ 49.213(1), 433A.280; Or.”
Potter v. West Side Transp., Inc., 188 F.R.D. 362 (D. Nev. 1999).
“However, there are exceptions to this privilege, found in NRS 49.213, which states: There is no privilege pursuant to NRS 49.”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
· cites it 18× “No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
· cites it 9× “No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
Bynoe (Michael) Vs. Warden (Nev. 2021).
· cites it 2× “115 (providing hearsay rule does not bar statements made for purpose of medical treatment or diagnosis); see also NRS 49.213(3) (psychologist-patient privilege waived where the treatment is an element of the defense); NRS 49.”
Hall (Bryan) v. State (Death Penalty-Pc) (Nev. 2022).
“The district court found that, even if the records were confidential, the "court-ordered examination" exception under NRS 49.213(7) applied to Hall's statements.”
— Nev. Rev. Stat. § 49.213(1) — 1 case
Seaton v. Mayberg, 610 F.3d 530 (9th Cir. 2010).
“2d 1149, 1154 (1977); Nev.Rev. Stat. §§ 49.213(1), 433A.280; Or.”
— Nev. Rev. Stat. § 49.213(3) — 3 cases
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
“No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
“No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
Bynoe (Michael) Vs. Warden (Nev. 2021).
“115 (providing hearsay rule does not bar statements made for purpose of medical treatment or diagnosis); see also NRS 49.213(3) (psychologist-patient privilege waived where the treatment is an element of the defense); NRS 49.”
— Nev. Rev. Stat. § 49.213(4) — 2 cases
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
“No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
Bradley Vs. Dist. Ct. (hudson), 2017 NV 92 (Nev. 2017).
“No exception to the privilege applies NRS 49.213 outlines several exceptions to the psychologist- patient privilege.”
— Nev. Rev. Stat. § 49.213(7) — 1 case
Hall (Bryan) v. State (Death Penalty-Pc) (Nev. 2022).
“The district court found that, even if the records were confidential, the "court-ordered examination" exception under NRS 49.213(7) applied to Hall's statements.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.