Sec. 52-146f. Consent not required for disclosure, when.
Sec. 52-158. Deposition may be used in Appellate Court.
Sec. 52-161b. Subpoenaing of crime victim by pro se litigant. Court authorization required.
Sec. 52-180c. Admissibility of evidence of sexual misconduct.
Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between psychiatric mental health provider and patient. Definitions. As used in sections 52-146d to 52-146i, inclusive:
(1) “Authorized representative” means (A) a person empowered by a patient to assert the confidentiality of communications or records which are privileged under sections 52-146c to 52-146i, inclusive, or (B) if a patient is deceased, his or her personal representative or next of kin, or (C) if a patient is incompetent to assert or waive his privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the patient, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the patient's nearest relative;
(2) “Communications and records” means all oral and written communications and records thereof relating to diagnosis or treatment of a patient's mental condition between the patient and a psychiatric mental health provider, or between a member of the patient's family and a psychiatric mental health provider, or between any of such persons and a person participating under the supervision of a psychiatric mental health provider in the accomplishment of the objectives of diagnosis and treatment, wherever made, including communications and records which occur in or are prepared at a mental health facility;
(3) “Consent” means consent given in writing by the patient or his authorized representative;
(4) “Identifiable” and “identify a patient” refer to communications and records which contain (A) names or other descriptive data from which a person acquainted with the patient might reasonably recognize the patient as the person referred to, or (B) codes or numbers which are in general use outside of the mental health facility which prepared the communications and records;
(5) “Mental health facility” includes any hospital, clinic, ward, psychiatric mental health provider's office or other facility, public or private, which provides inpatient or outpatient service, in whole or in part, relating to the diagnosis or treatment of a patient's mental condition;
(6) “Patient” means a person who communicates with or is treated by a psychiatric mental health provider in diagnosis or treatment;
(7) “Psychiatric mental health provider” means a physician specializing in psychiatry and licensed under the provisions of sections 20-9 to 20-12, inclusive, an advanced practice registered nurse licensed under chapter 378 who is board certified as a psychiatric mental health provider by the American Nurses Credentialing Center, a person licensed to practice medicine who devotes a substantial portion of his or her time to the practice of psychiatry or a person reasonably believed by the patient to be so qualified.
(1961, P.A. 529; 1969, P.A. 819, S. 1; P.A. 75-567, S. 36, 80; P.A. 82-160, S. 64; P.A. 89-154, S. 2; P.A. 19-98, S. 24.)
History: 1969 act deleted detailed provisions re privileged communications and added definitions of “consent”, “communications and records”, “mental health facility” and records which “identify” or are “identifiable”; Sec. 52-146a transferred to Sec. 52-146d in the 1969 Supplement to the General Statutes; P.A. 75-567 applied definitions to Secs. “52-146c to 52-146i” rather than to Secs. “52-146d to 52-146j”; P.A. 82-160 alphabetized the defined terms and inserted Subdiv. indicators; P.A. 89-154 applied definitions to Secs. “52-146d to 52-146i” rather than to Secs. “52-146c to 52-146i”; P.A. 19-98 replaced references to psychiatrist with references to psychiatric mental health provider, amended Subdiv. (7) to replace provisions defining psychiatrist with provisions defining psychiatric mental health provider, and made technical changes.
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Sec. 52-146f. Consent not required for disclosure, when. Consent of the patient shall not be required for the disclosure or transmission of communications or records of the patient in the following situations as specifically limited:
(1) Communications or records may be disclosed to other persons engaged in the diagnosis or treatment of the patient or may be transmitted to another mental health facility to which the patient is admitted for diagnosis or treatment if the psychiatric mental health provider in possession of the communications or records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment. The patient shall be informed that the communications or records will be so disclosed or transmitted. For purposes of this subsection, persons in professional training are to be considered as engaged in the diagnosis or treatment of the patients.
(2) Communications or records may be disclosed when the psychiatric mental health provider determines that there is substantial risk of imminent physical injury by the patient to himself or others or when a psychiatric mental health provider, in the course of diagnosis or treatment of the patient, finds it necessary to disclose the communications or records for the purpose of placing the patient in a mental health facility, by certification, commitment or otherwise, provided the provisions of sections 52-146d to 52-146j, inclusive, shall continue in effect after the patient is in the facility.
(3) Except as provided in section 17b-225, the name, address and fees for psychiatric services to a patient may be disclosed to individuals or agencies involved in the collection of fees for such services. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the fee or claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact a patient; (B) the diagnosis; (C) the dates and duration of treatment; and (D) a general description of the treatment, which shall include evidence that a treatment plan exists and has been carried out and evidence to substantiate the necessity for admission and length of stay in a health care institution or facility. If further information is required, the party seeking the information shall proceed in the same manner provided for hospital patients in section 4-105.
(4) Communications made to or records made by a psychiatric mental health provider in the course of a psychiatric examination ordered by a court or made in connection with the application for the appointment of a conservator by the Probate Court for good cause shown may be disclosed at judicial or administrative proceedings in which the patient is a party, or in which the question of his incompetence because of mental illness is an issue, or in appropriate pretrial proceedings, provided the court finds that the patient has been informed before making the communications that any communications will not be confidential and provided the communications shall be admissible only on issues involving the patient's mental condition.
(5) Communications or records may be disclosed in a civil proceeding in which the patient introduces his mental condition as an element of his claim or defense, or, after the patient's death, when his condition is introduced by a party claiming or defending through or as a beneficiary of the patient and the court or judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between patient and psychiatric mental health provider be protected.
(6) Communications or records may be disclosed to (A) the Commissioner of Public Health in connection with any inspection, investigation or examination of an institution, as defined in subsection (a) of section 19a-490, authorized under section 19a-498, or (B) the Commissioner of Mental Health and Addiction Services in connection with any inspection, investigation or examination authorized under subsection (f) of section 17a-451.
(7) Communications or records may be disclosed to a member of the immediate family or legal representative of the victim of a homicide committed by the patient where such patient has, on or after July 1, 1989, been found not guilty of such offense by reason of mental disease or defect pursuant to section 53a-13, provided such family member or legal representative requests the disclosure of such communications or records not later than six years after such finding, and provided further, such communications shall only be available during the pendency of, and for use in, a civil action relating to such person found not guilty pursuant to section 53a-13.
(8) If a provider of behavioral health services that contracts with the Department of Mental Health and Addiction Services requests payment, the name and address of the person, a general description of the types of services provided, and the amount requested shall be disclosed to the department, provided notification that such disclosure will be made is sent, in writing, to the person at the earliest opportunity prior to such disclosure. In cases where a dispute arises over the fees or claims, or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to additional information necessary to clarify only the following: (A) That the person in fact received the behavioral health services in question, (B) the dates of such services, and (C) a general description of the types of services. Information the department receives pursuant to this subdivision shall be disclosed only to federal or state auditors and only as necessary for the purposes of auditing.
(1969, P.A. 819, S. 4; 1971, P.A. 81; P.A. 74-215, S. 2, 3; P.A. 82-160, S. 66; P.A. 84-26, S. 3; P.A. 92-225, S. 4, 5; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 82, 88; P.A. 99-178, S. 1; June Sp. Sess. P.A. 99-2, S. 21; P.A. 19-98, S. 25.)
History: 1971 act amended Subsec. (d) to allow disclosure of communications made or records in connection with applications for appointment of conservator by probate court and to allow disclosures in proceedings where question of incompetence because of mental illness is an issue; P.A. 74-215 amended Subsec. (c) to add exception re Sec. 17-295c and to place specific limits on disclosure of further information replacing generally stated provision which had allowed disclosure of “only such additional information as is needed to substantiate the fee or claim”; P.A. 82-160 rephrased the section, replaced alphabetic Subsec. indicators with numeric indicators and replaced numeric Subdiv. indicators with alphabetic indicators; P.A. 84-26 added Subsec. (6) re the disclosure of records pursuant to a department of health services inspection, investigation or examination of a health care institution; P.A. 92-225 added Subsec. (7) re the disclosure under limited circumstances to the immediate family or legal representative of certain homicide victims; P.A. 93-381 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 added new Subdiv. (8) re disclosure by providers of behavioral health services, effective July 1, 1997; P.A. 99-178 added Subdiv. (6)(B) re disclosure to Commissioner of Mental Health and Addiction Services under Sec. 17a-451(f); June Sp. Sess. P.A. 99-2 amended Subdiv. (8) by replacing “not less than thirty days” with “at the earliest opportunity”; P.A. 19-98 amended Subdivs. (1), (2), (4) and (5) by replacing “psychiatrist” with “psychiatric mental health provider”.
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Sec. 52-146v. Disclosure of confidential communications between peer support team member and first responder prohibited. Exceptions. (a) As used in this section:
(1) “Peer support team member” means any person engaged in directing or staffing any peer support program established by an employer for the benefit of an employee who is a first responder;
(2) “First responder” means: Any peace officer, as defined in section 53a-3; any firefighter, as defined in section 7-313g; any person employed as a firefighter by a private employer, any ambulance driver, emergency medical responder, emergency medical technician, advanced emergency medical technician or paramedic, as defined in section 19a-175; and any telecommunicator, as defined in section 28-30; and
(3) “Confidential communications” means all oral and written communications transmitted in confidence between a first responder and a peer support team member in the course of participation in an employer established peer support program and all records prepared by a peer support team member related to such first responder's participation in such program.
(b) Except as provided in subsection (d) of this section, and unless the first responder making the confidential communication waives the privilege, no peer support team member shall disclose any confidential communications (1) to any third person, other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes for which such member is consulted, (2) in any civil or criminal case or proceeding, or (3) in any legislative or administrative proceeding.
(c) No person in any civil or criminal case or proceeding or in any legislative or administrative proceeding may request or require information from any first responder relating to the first responder's participation in a peer support program, including whether or not such first responder at any time participated in such peer support program.
(d) Consent of a first responder shall not be required for the disclosure of such first responder's confidential communications:
(1) Where mandated by any other provision of the general statutes;
(2) Where a peer support team member believes in good faith that the failure to disclose such confidential communications presents a clear and present danger to any individual, including the first responder; and
(3) Where the peer support team member was a witness or party to an incident that resulted in the delivery of peer support services to the first responder.
(P.A. 19-188, S. 1.)
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Sec. 52-158. Deposition may be used in Appellate Court. Section 52-158 is repealed, effective October 1, 2019.
(1949 Rev., S. 7881; P.A. 19-64, S. 26.)
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Sec. 52-161b. Subpoenaing of crime victim by pro se litigant. Court authorization required. (a) A pro se litigant in any civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if such litigant has been convicted of a family violence crime, as defined in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to be issued by such litigant in such matter is the victim of the crime for which such litigant was convicted.
(b) A pro se litigant who has been convicted of said family violence crime or a violation of any of said sections shall not issue a subpoena summoning a victim of the crime for which such litigant was convicted to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding, unless a court authorizes the issuance of such subpoena in accordance with subsection (c) of this section.
(c) Whenever such pro se litigant intends to issue a subpoena to any such victim, such litigant shall provide the clerk of the court with notice of such intention. Upon receipt of such notice, the clerk of the court shall schedule a hearing and provide notice to the pro se litigant of the date, time and place of such hearing. At such hearing, the pro se litigant shall make an offer of proof as to the content of the testimony expected to be given by the victim. If the court finds that the testimony expected to be given by the victim is relevant and necessary to the civil matter, the court shall authorize the pro se litigant to issue such subpoena to such victim. The scope of such litigant's examination of the victim shall be limited in accordance with the court's findings on the offer of proof.
(P.A. 06-100, S. 1; P.A. 19-189, S. 13.)
History: P.A. 06-100 effective June 2, 2006; P.A. 19-189 amended Subsec. (a) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019” and making a technical change.
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Sec. 52-180c. Admissibility of evidence of sexual misconduct. (a) As used in this section: (1) “Sexual misconduct” means any act that is prohibited by section 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, and any act that constitutes sexual harassment, as defined in subdivision (8) of subsection (b) of section 46a-60; and (2) “victim” includes an alleged victim.
(b) The following evidence is not admissible in a civil proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim's sexual predisposition.
(c) Notwithstanding the provisions of subsection (b) of this section, the court may admit the evidence in a civil case if the probative value of such evidence substantially outweighs the danger of (1) harm to any victim; and (2) unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed the victim's reputation in controversy.
(d) If a party intends to offer evidence under subsection (c) of this section, the party shall: (1) File a motion by lodging a record pursuant to the requirements set forth in the Connecticut Practice Book that specifically describes the evidence and states the purpose for which it is to be offered; (2) file such motion not later than fourteen days before the date on which the case is to be heard, unless the court, for good cause shown, prescribes a different time for the filing of such motion; (3) serve the motion on all parties in accordance with the rules of the court; and (4) notify the victim or, when appropriate, the victim's guardian or representative.
(e) Before admitting evidence pursuant to subsection (c) of this section, the court shall conduct an in camera hearing and give the parties and the victim the right to attend such hearing and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing shall be sealed and remain sealed.
(P.A. 19-16, S. 12.)
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