As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation.
Particular PrivilegesPhysician-patient Privilege
Section § 990
This section defines a 'physician' as someone who is either legally allowed to practice medicine or someone the patient believes is legally allowed to do so.
physician definition authorized physician medicine practice
Section § 991
This section defines a 'patient' as someone who visits a doctor or undergoes a medical examination to get a diagnosis or treatment for their physical, mental, or emotional health.
As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition.
patient definition consultation physician examination
Section § 992
This section defines what is meant by "confidential communication between patient and physician." It refers to any information shared between a patient and their doctor during their relationship, meant to be kept private. This includes details from exams, diagnoses, and advice given. The information should not be shared with others unless it is necessary to support the patient's care or to fulfill the reason the doctor was consulted.
As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the patient, transmitted between a patient and his physician in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the physician is consulted, and includes a diagnosis made and the advice given by the physician in the course of that relationship.
confidential communication patient-physician relationship information disclosure
Section § 993
This section defines who holds the right to privacy concerning patient information. If the patient is alive and has no guardian, they hold the privilege. If there is a guardian or conservator, they hold it. If the patient has passed away, their personal representative holds the privilege.
As used in this article, “holder of the privilege” means:
(a)CA Evidence Code § 993(a) The patient when he has no guardian or conservator.
(b)CA Evidence Code § 993(b) A guardian or conservator of the patient when the patient has a guardian or conservator.
(c)CA Evidence Code § 993(c) The personal representative of the patient if the patient is dead.
patient privacy rights guardian conservator
Section § 994
This law section talks about a patient's right to keep communications with their doctor private. It states that patients can refuse to share, and can stop others from sharing, any confidential chats they've had with their physician. This right can be claimed by the patient, someone they allow to claim it for them, or the physician themselves unless they're told otherwise. This patient-doctor relationship includes both individual doctors and medical corporations, like clinics or hospitals that provide medical services. This relationship covers not just doctors but also the medical associations and companies involved.
Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician if the privilege is claimed by:
(a)CA Evidence Code § 994(a) The holder of the privilege;
(b)CA Evidence Code § 994(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(c)CA Evidence Code § 994(c) The person who was the physician at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.
The relationship of a physician and patient shall exist between a medical or podiatry corporation as defined in the Medical Practice Act and the patient to whom it renders professional services, as well as between such patients and licensed physicians and surgeons employed by such corporation to render services to such patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
patient confidentiality physician-patient privilege confidential communication
Section § 995
This section requires that physicians protect confidential communications they have received or shared with patients. If the physician is present when someone tries to disclose that information, they must invoke a legal privilege that keeps it private, as permitted by a related law.
The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 994.
physician confidentiality patient communication legal privilege
Section § 996
This law states that discussions about a patient's condition aren't protected by privacy rules if the patient's condition is directly part of a legal issue raised by the patient, someone representing the patient, a person benefiting from the patient through a contract, or someone suing for the patient's injury or death.
There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by:
(a)CA Evidence Code § 996(a) The patient;
(b)CA Evidence Code § 996(b) Any party claiming through or under the patient;
(c)CA Evidence Code § 996(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
(d)CA Evidence Code § 996(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.
patient condition communication privilege party claiming under patient
Section § 997
This law states that there is no privacy protection for communications with a physician if the medical services were used to help commit a crime or a civil wrong (tort), or to avoid getting caught after doing so.
There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.
physician services crime facilitation tort facilitation
Section § 998
This law states that in criminal cases, there is no special protection or 'privilege' for keeping certain information private under the rules in this article.
There is no privilege under this article in a criminal proceeding.
criminal proceeding no privilege information disclosure
Section § 999
This law means that you cannot keep communication private if it is important to a case about recovering damages due to a patient's behavior, as long as there is a good reason to reveal it.
There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient if good cause for disclosure of the communication is shown.
patient condition communication disclosure relevant communication
Section § 1000
This section says that if multiple people are making claims that come from a deceased person, there is no confidentiality protection on communications relevant to those claims. It doesn’t matter if they’re inheriting through a will, no will, or some other transfer made while the deceased was alive.
There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
communication privilege deceased patient claims through deceased
Section § 1001
This law states that there is no confidentiality protection for communications between a doctor and a patient if the discussion relates to a breach of duty by either party in their relationship. Essentially, if there's a legal case about one side breaking their responsibilities, their conversations can be used as evidence.
There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the physician-patient relationship.
physician-patient privilege breach of duty confidentiality
Section § 1002
This law states that there is no protection or privilege for communications about a deceased person's intentions regarding property-related documents they created, like deeds or wills. In other words, you can't keep these communications secret if they are important to figuring out what the deceased wanted regarding their property.
There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.
privilege deceased patient communication
Section § 1003
Any communication concerning whether a deceased person's deed or will is legitimate is not protected by privacy rules in legal settings.
There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.
deceased patient communication property document validity deed of conveyance
Section § 1004
This law states that there is no confidentiality protection in legal proceedings where someone is trying to place a person or their property under another's control due to claimed mental or physical issues.
There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.
mental condition physical condition patient control
Section § 1005
This law states that in legal proceedings where someone is questioning or proving a person's mental ability to make decisions (competence), the usual privacy protections for medical information do not apply.
There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.
no privilege patient competence mental competence hearings
Section § 1006
This law means that doctors or patients cannot keep certain information private if they are required by law to report it to a public employee or record it in a public office. If the information is part of a report or record that the public can inspect, it isn't protected by privacy laws.
There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information required to be recorded in a public office, if such report or record is open to public inspection.
physician reporting public employee reporting public record inspection
Section § 1007
This law section states that in legal proceedings initiated by a public organization to decide if an individual’s rights, authority, license, or privileges — like employment or holding public office — should be taken away or restricted, there are no protections or privileges under this article to keep information confidential.
There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including the right or privilege to be employed by the public entity or to hold a public office) should be revoked, suspended, terminated, limited, or conditioned.
privilege waiver public entity proceedings rights revocation
