SECTIONS 990-1007 - California Statutes

EVIDENCE CODE

SECTION 990-1007

990. 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.

991. 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.

992. 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.

993. As used in this article, "holder of the privilege" means:
(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator of the patient when the patient has
a guardian or conservator.
(c) The personal representative of the patient if the patient is
dead.

994. 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) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the
holder of the privilege; or
(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.

995. 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.

996. 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) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a
contract to which the patient is or was a party; or
(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.

997. 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.

998. There is no privilege under this article in a criminal
proceeding.

999. 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.

1000. 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.

1001. 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.

1002. 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.

1003. 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.

1004. 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.

1005. There is no privilege under this article in a proceeding
brought by or on behalf of the patient to establish his competence.

1006. 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.

1007. 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.