Attorney General Opinion No. 1987-139

Attorney General Opinion No. 1987-139 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Get Book Here

Book Description
When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.