What the statutes mean

Chiropractors, and other heath care professionals, have a special privilege that is granted to them and their patients. Information give by a patient to their chiropractor is considered “confidential” if it is not intended to be disclosed to someone other than the doctor and the doctor’s employees.

A patient has the right to refuse to disclose and to prevent you from disclosing confidential information that was obtained for the purpose of diagnosing or treating their physical, mental or emotional condition. The privilege may be claimed by the patient, by the patient’s guardian or conservator, or by the personal representative of a deceased patient. A chiropractor may claim the privilege but only on behalf of the patient.

The following are the exceptions to the privilege:

• There is no privilege under this rule in proceedings to hospitalize the patient for mental illness, to appoint a guardian, for court-ordered protective services or protective placement if a chiropractor, in the course of diagnosis or treatment, has determined that the patient is in need of hospitalization, guardianship, protective services or protective placement.

• If a judge orders an examination of the physical, mental or emotional condition of the patient, or evaluation of the patient for purposes of guardianship, protective services or protective placement.

• There is no privilege for communications that are part of a discovery examination regarding the patient’s physical, mental or emotional condition in any proceedings in which the patient relies upon the condition as an element of their defense.

• There is no privilege in trials for homicide when the disclosure relates directly to the facts or immediate circumstances of the homicide.

• There is no privilege in situations where the examination of an abused or neglected child creates a reasonable ground for an opinion of the chiropractor that the abuse or neglect was other than accidentally caused or inflicted by another.

• There is no privilege in situations where the examination of an expectant mother creates a reasonable ground for an opinion of her chiropractor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother in the use of alcohol, or controlled substances.

• There is no privilege concerning the results of chemical tests for intoxication or alcohol concentration.

Statue excerpts

905.04(1) Definitions
905.04(2) General rule of privilege
905.04(3) Who may claim the privilege
905.04(4) Exceptions
905.04(4)(b) Examination by order of judge
905.04(4)(c) Condition an element of claim or defense
905.04(4)(d) Homicide trials
905.04(4)(e) Abused or neglected child or abused unborn child
905.04(4)(f) Tests for intoxication
905.04(4)(g) Paternity proceedings
905.04(4)(h) Reporting wounds and burn injuries
905.04(4)(i) Providing services to court in juvenile matters

Physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, social worker-patient, marriage and family therapist-patient and professional counselor-patient privilege.

905.04(1) Definitions. In this section:

905.04(1)(a) “Chiropractor” means a person licensed under s. 446.02, or a person reasonably believed by the patient to be a chiropractor.

905.04(1)(b) A communication or information is “confidential” if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication or information or persons who are participating in the diagnosis and treatment under the direction of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor, including the members of the patient’s family.

905.04(1)(c) “Patient” means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

905.04(2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient’s physical, mental or emotional condition, among the patient, the patient’s physician, the patient’s registered nurse, the patient’s chiropractor, the patient’s psychologist, the patient’s social worker, the patient’s marriage and family therapist, the patient’s professional counselor or persons, including members of the patient’s family, who are participating in the diagnosis or treatment under the direction of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

905.04(3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient’s guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

905.04(4) Exceptions.

905.04(4)(a) Proceedings for hospitalization, guardianship, protective services or protective placement. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian under s. 880.33, for court-ordered protective services or protective placement or for review of guardianship, protective services or protective placement orders, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services or protective placement.

905.04(4)(b) Examination by order of judge. If the judge orders an examination of the physical, mental or emotional condition of the patient, or evaluation of the patient for purposes of guardianship, protective services or protective placement, communications made and treatment records reviewed in the course thereof are not privileged under this section with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.

905.04(4)(c) Condition an element of claim or defense. There is no privilege under this section as to communications relevant to or within the scope of discovery examination of an issue of the physical, mental or emotional condition of a patient in any proceedings in which the patient relies upon the condition as an element of the patient’s claim or defense, or, after the patient’s death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense.

905.04(4)(d) Homicide trials. There is no privilege in trials for homicide when the disclosure relates directly to the facts or immediate circumstances of the homicide.

905.04(4)(e) Abused or neglected child or abused unborn child.

905.04(4)(e)1.a. “Abuse” has the meaning given in s. 48.02 (1).

905.04(4)(e)1.b. “Neglect” has the meaning given in s. 48.981 (1) (d).

905.04(4)(e)2. There is no privilege in situations where the examination of an abused or neglected child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor that the abuse or neglect was other than accidentally caused or inflicted by another.

905.04(4)(e)3. There is no privilege in situations where the examination of the expectant mother of an abused unborn child creates a reasonable ground for an opinion of the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor that the physical injury inflicted on the unborn child was caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree.

905.04(4)(f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or alcohol concentration, as defined in s. 340.01 (1v).

905.04(4)(g) Paternity proceedings. There is no privilege concerning testimony about the medical circumstances of a pregnancy or the condition and characteristics of a child in a proceeding to determine the paternity of that child under ss. 767.45 to 767.53.

905.04(4)(h) Reporting wounds and burn injuries. There is no privilege regarding information contained in a report under s. 146.995 pertaining to a patient’s name and type of wound or burn injury.

905.04(4)(i) Providing services to court in juvenile matters. There is no privilege regarding information obtained by an intake worker or dispositional staff in the provision of services under s. 48.067, 48.069, 938.067 or 938.069. An intake worker or dispositional staff member may disclose information obtained while providing services under s. 48.067 or 48.069 only as provided in s. 48.78 and may disclose information obtained while providing services under s. 938.067 or 938.069 only as provided in s. 938.78.