§ 1612. Patient’s privilege
(a) Confidential information privileged. Unless the patient waives the privilege or unless the privilege is waived by an express
provision of law, a person authorized to practice medicine, chiropractic, or dentistry,
a registered professional or licensed practical nurse, or a mental health professional
as defined in 18 V.S.A. § 7101(13) shall not be allowed to disclose any information acquired in attending a patient
in a professional capacity, including joint or group counseling sessions, and which
was necessary to enable the provider to act in that capacity.
(b) Identification by dentist; crime committed against patient under 16. A dentist shall be required to disclose information necessary for identification of
a patient. A physician, dentist, chiropractor, or nurse shall be required to disclose
information indicating that a patient who is under the age of 16 years has been the
victim of a crime.
(c) Mental or physical condition of deceased patient.
(1) A physician, chiropractor, or nurse shall be required to disclose any information
as to the mental or physical condition of a deceased patient privileged under subsection
(a) of this section, except information which would tend to disgrace the memory of
the decedent, either in the absence of an objection by a party to the litigation or
when the privilege has been waived:
(A) by the personal representative, or the surviving spouse, or the next of kin of the
decedent; or
(B) in any litigation where the interests of the personal representative are deemed by
the trial judge to be adverse to those of the estate of the decedent, by any party
in interest; or
(C) if the validity of the will of the decedent is in question, by the executor named
in the will, or the surviving spouse or any heir-at-law or any of the next of kin
or any other party in interest.
(2) A physician, dentist, chiropractor, mental health professional, or nurse shall be
required to disclose any information as to the mental or physical condition of a deceased
patient privileged under subsection (a) of this section upon request to the Chief
Medical Examiner. (Added 1973, No. 190 (Adj. Sess.), eff. July 1, 1974; amended 1981, No. 221 (Adj. Sess.), § 1; 1991, No. 236 (Adj. Sess.), § 2; 1993, No. 222 (Adj. Sess.), § 23; 2009, No. 55, § 12.)