Senate Bill No. 15
(By Senator Wooton)
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[Introduced February 10, 1993;
referred to the Committee on the Judiciary.]
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A BILL to amend article three, chapter fifty-seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
ten, relating to privileged communications between duly
licensed physicians and surgeons, psychologists and
professional counselors and their patients; and providing
that they may not be required to testify in a civil case
about facts obtained during the treatment of a patient.
Be it enacted by the Legislature of West Virginia:
That article three, chapter fifty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten,
to read as follows:
ARTICLE 3. COMPETENCY OF WITNESSES.
§57-3-10. Communications between physicians, psychologists,
licensed counselors and patients.
Except at the request and with the consent of, the patient,a duly licensed physician or surgeon, psychologist or
professional counselor may not be required to testify in any
civil action, respecting any information which he or she may have
acquired in attending, examining or treating the patient in a
professional capacity if the information was necessary to enable
the physician or surgeon, psychologist or professional counselor
to furnish professional care to the patient: Provided, That when
the physical or mental condition of the patient is at issue in an
action, or when a court, in the exercise of sound discretion,
considers disclosure necessary to the proper administration of
justice, no fact communicated to, or otherwise learned by, a duly
licensed physician or surgeon, psychologist or professional
counselor in connection with the attendance, examination or
treatment of the patient shall be privileged and disclosure may
be required. The provisions of this section do not apply to
information communicated to a duly licensed physician or surgeon,
psychologist or professional counselor in an effort unlawfully to
procure a narcotic drug or unlawfully to procure the
administration of any drug.
NOTE: The purpose of this bill is to provide a statutory
privilege for duly licensed physicians and surgeons,
psychologists and professional counselors whereby a duly licensed
physician or surgeon, psychologist or professional counselor will
not be required to testify in a civil action regarding
information obtained in the course of treating a patient.
This section is new; therefore, strike-throughs and
underscoring have been omitted.