Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify.
Sec. 52-146c. Privileged communications between psychologist and patient.
Sec. 52-146e. Disclosure of communications and records.
Sec. 52-146f. Consent not required for disclosure, when.
Sec. 52-146g. Access to communications and records by individuals engaged in research.
Sec. 52-146i. Labeling of confidential records.
Sec. 52-146j. Judicial relief.
Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify. (a) Subpoenas for witnesses shall be personally signed in ink by the hand of a commissioner of the Superior Court or by the hand of the clerk of the court or an authorized court employee. The Chief Court Administrator may prescribe an alternative means for the signing of such subpoenas involving Judicial Branch employees. Such subpoenas shall be served by an officer, indifferent person or, in any criminal case in which a defendant is represented by a public defender or Division of Public Defender Services assigned counsel, by an investigator of the Division of Public Defender Services. Such subpoenas shall be served not less than eighteen hours prior to the time designated for the person summoned to appear, unless the court orders otherwise.
(b) Any subpoena summoning a police officer as a witness may be served upon the chief of police or any person designated by the chief of police at the appropriate police station who shall act as the agent of the police officer named in the subpoena. Service upon the agent shall be deemed to be service upon the police officer.
(c) Any subpoena summoning a correction officer as a witness may be served upon a person designated by the Commissioner of Correction at the correctional facility where the correction officer is assigned who shall act as the agent of the correction officer named in the subpoena. Service upon the agent shall be deemed to be service upon the correction officer.
(d) Subpoenas for witnesses summoned by the state, including those issued by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity may contain this statement: “Notice to the person summoned: Your statutory fees as witness will be paid by the clerk of the court where you are summoned to appear, if you give the clerk this subpoena on the day you appear. If you do not appear in court on the day and at the time stated, or on the day and at the time to which your appearance may have been postponed or continued by order of an officer of the court, the court may order that you be arrested.”
(e) If any person summoned by the state, or by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity, by a subpoena containing the statement as provided in subsection (d) of this section, or if any other person upon whom a subpoena is served to appear and testify in a cause pending before any court and to whom one day's attendance and fees for traveling to court have been tendered, fails to appear and testify, without reasonable excuse, he shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved; and the court or judge, on proof of the service of a subpoena containing the statement as provided in subsection (d) of this section, or on proof of the service of a subpoena and the tender of such fees, may issue a capias directed to some proper officer to arrest the witness and bring him before the court to testify.
(f) Any subpoena summoning a physician as a witness may be served upon the office manager or person in charge at the office or principal place of business of such physician who shall act as the agent of the physician named in the subpoena. Service upon the agent shall be deemed to be service upon the physician.
(1949 Rev., S. 7866; March, 1958, P.A. 27, S. 63; 1961, P.A. 378; 517, S. 41; 1967, P.A. 392; 1971, P.A. 127; P.A. 79-11; P.A. 82-160, S. 59; P.A. 84-141; P.A. 88-25; P.A. 94-30; P.A. 03-19, S. 117; 03-224, S. 9; P.A. 11-51, S. 11; P.A. 25-39, S. 23; 25-78, S. 24.)
History: 1961 acts deleted obsolete provisions for signing subpoenas and issuance of capias by justices of the peace and increased fine from $5 to not more than $25; 1967 act clarified section by adding provisions re contents of subpoena statement and re issuance of capias by court or judge “on proof of the service of a subpoena containing the aforesaid statement”; 1971 act added references to subpoenas issued by attorney general or an assistant attorney general; P.A. 79-11 added provision re manner of serving subpoena summoning a police officer; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 84-141 amended Subsec. (a) by adding provision re time period for service of subpoena; P.A. 88-25 amended Subsec. (a) to authorize service by an investigator of the division of public defender services in any criminal case in which a defendant is represented by a public defender or special public defender; P.A. 94-30 inserted new Subsec. (c) re manner of service of a subpoena summoning a correctional officer and relettered the remaining Subsecs. accordingly (Revisor's note: References in Subsec. (e) to former Subsec. (c) were replaced editorially by the Revisors with references to Subsec. (d)); P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 03-224 added Subsec. (f) re service of subpoena summoning physician as witness, effective July 2, 2003; P.A. 11-51 amended Subsec. (a) to substitute “Division of Public Defender Services assigned counsel” for “special assistant public defender”, effective July 1, 2011 (Revisor's note: In Subsec. (e), references to “subsection (d)” were changed editorially by the Revisors to “subsection (d) of this section” for accuracy); P.A. 25-39 made technical changes in Subsec. (c) (Revisor's note: In Subsec. (c), an instance of the words “correctional officer”, which appeared unchanged in the engrossed bill, were changed editorially by the Revisors to “correction officer” for consistency); P.A. 25-78 amended Subsec. (a) by substituting “shall be personally signed in ink by the hand of” for “shall be signed by the clerk of the court or” re subpoenas for witnesses, adding that such subpoenas may also be signed by “an authorized court employee” and that Chief Court Administrator may prescribe alternative means of signing such subpoenas involving Judicial Branch employees and making technical changes .
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Sec. 52-146c. Privileged communications between psychologist and patient. Section 52-146c is repealed, effective October 1, 2025.
(1969, P.A. 597, S. 13; P.A. 82-160, S. 63; P.A. 89-154, S. 1; P.A. 92-225, S. 3, 5; P.A. 25-97, S. 52.)
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Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between psychologist or psychiatric mental health provider and patient. Definitions. As used in this section and sections 52-146e to 52-146j, inclusive:
(1) “Authorized representative” means (A) an individual empowered by a person or patient to assert the confidentiality of communications or records that are privileged under this section and sections 52-146e to 52-146i, inclusive, or (B) if a person or patient is deceased, his or her personal representative or next of kin, or (C) if a person or patient is incompetent to assert or waive his or her privileges under said sections, (i) a guardian or conservator who has been or is appointed to act for the person or patient, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's or patient's nearest relative;
(2) “Communication and record” means each oral and written communication and the written record of such communication thereof relating to diagnosis or treatment of a person's or patient's mental condition between the person or patient and a psychologist or psychiatric mental health provider, or between a member of the person's or patient's family and a psychologist or psychiatric mental health provider, or between such person, patient, psychologist, psychiatrist or family member and an individual participating under the supervision of a psychologist or psychiatric mental health provider in the accomplishment of the objectives of diagnosis and treatment, wherever made, including a communication and record that occurs in or is prepared at a mental health facility;
(3) “Consent” means voluntary agreement given in writing by the person or patient or his or her authorized representative;
(4) “Identifiable” and “identify a person or patient” mean information in a communication and record, including (A) the name of the person or patient or other descriptive data from which an individual acquainted with the person or patient might reasonably recognize the person or patient as the person or patient referred to, or (B) a code or number that is in general use outside of the mental health facility that prepared the communication and record, which code or number would identify the person or patient to such persons who understand such code or number;
(5) “Mental health facility” includes any hospital, clinic, ward, psychologist's office, psychiatric mental health provider's office or other facility, public or private, that provides inpatient or outpatient service, in whole or in part, relating to the diagnosis or treatment of a person's or patient's mental condition;
(6) “Patient” means an individual who communicates with or is treated by a psychiatric mental health provider in diagnosis or treatment;
(7) “Person” means an individual who consults a psychologist for purposes of diagnosis or treatment;
(8) “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 a certifying body, including, but not limited to, the American Nurses Credentialing Center or the American Academy of Nurse Practitioners, an individual licensed to practice medicine who devotes a substantial portion of his or her time to the practice of psychiatry or an individual reasonably believed by the patient to be so qualified; and
(9) “Psychologist” means an individual licensed to practice psychology pursuant to chapter 383.
(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; P.A. 25-97, S. 5.)
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; P.A. 25-97 amended Subdiv. (1) by replacing reference to Sec. 52-156c with reference to Sec. 52-146e, Subdivs. (1) to (4) by adding reference to person, further amended Subdiv. (2) by adding reference to psychologist, Subdiv. (5) by adding references to psychologist's office and person's mental condition, Subdiv. (6) by replacing “a person” with “an individual”, added new Subdiv. (7) defining “person”, redesignated existing Subdiv. (7) as Subdiv. (8) and amended same by adding references to a certifying body and American Academy of Nurse Practitioners and replacing references to a person with an individual, added Subdiv. (9) defining “psychologist” and made technical changes throughout.
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Sec. 52-146e. Disclosure of communications and records. (a) Each communication and record shall be confidential and subject to the provisions of sections 52-146d to 52-146j, inclusive. Except as provided in sections 52-146f to 52-146i, inclusive, no individual shall disclose or transmit any communication or record thereof, or the substance or any part or resume thereof, that identifies a person or patient to any individual, corporation or governmental agency without the consent of the person or patient or his or her authorized representative.
(b) Any consent given by a person or patient to waive the confidentiality of a communication or record thereof shall specify to which individual or agency the information may be disclosed and to what use it will be put by such individual or agency. Each person and patient shall be informed that his or her refusal to grant consent will not jeopardize his or her right to obtain present or future treatment except where disclosure of the communication and record is necessary for the treatment.
(c) The person or patient or his or her authorized representative may withdraw any consent given under the provisions of this section at any time in a writing addressed to the individual or office in which the original consent was filed. Withdrawal of consent shall not affect a communication or record thereof disclosed prior to notice of the withdrawal.
(1969, P.A. 819, S. 2, 3; P.A. 82-160, S. 65; P.A. 25-97, S. 6.)
History: P.A. 82-160 rephrased and reorganized section; P.A. 25-97 amended section by replacing references to person with individual, adding references to person and making technical changes, effective July 1, 2025.
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Sec. 52-146f. Consent not required for disclosure, when. Consent of the person or patient shall not be required for the disclosure or transmission of a communication and record of the person or patient in the following situations:
(1) A psychologist or psychiatric mental health provider may (A) disclose a communication and record to any other individual engaged in the diagnosis or treatment of the person or patient, and (B) transmit the communication and record to another mental health facility to which the person or patient is admitted for diagnosis or treatment if the psychologist or psychiatric mental health provider determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment of the person or patient. The psychologist or psychiatric mental health provider shall inform the person or patient that the communication and record will be so disclosed or transmitted. For purposes of this subsection, an individual in professional training to become a psychologist or psychiatric mental health provider shall be considered as engaged in the diagnosis or treatment of the person or patient.
(2) A psychologist or psychiatric mental health provider may disclose a communication and record when the psychologist or psychiatric mental health provider determines that there is substantial risk of imminent physical injury by the person or patient to himself, herself or others or when a psychologist or psychiatric mental health provider, in the course of diagnosis or treatment of the person or patient, finds it necessary to disclose the communication and record for the purpose of placing the person or 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 person or patient is in the facility.
(3) Except as provided in section 17b-225, a psychologist or psychiatric mental health provider may disclose the name, address and fees for services provided by a psychologist or psychiatric mental health provider to a person or patient to any individual or agency 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 individual was in fact a person or patient of the psychologist or psychiatric mental health provider; (B) the diagnosis of the person or patient; (C) the dates and duration of treatment of the person or patient; and (D) a general description of the treatment provided to the person or patient that 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) A communication and record made by a psychologist or psychiatric mental health provider in the course of a psychological or 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 person or patient is a party, or in which the question of his or her incompetence because of mental illness is an issue, or in appropriate pretrial proceedings, provided (A) the court finds that the person or patient has been informed before making the communication to the psychologist or psychiatric mental health provider that any communication made to the psychologist or psychiatric mental health provider shall not be confidential, and (B) the communication and record shall be admissible only on issues involving the person's or patient's mental condition.
(5) A communication and record may be disclosed in a civil proceeding in which the person or patient introduces his or her mental condition as an element of his or her claim or defense, or, after the person's or patient's death, when his or her condition is introduced by a party claiming or defending through or as a beneficiary of the person or patient and the court or judge finds that it is more important to the interests of justice that the communication and record be disclosed than that the relationship between person and psychologist or patient and psychiatric mental health provider be protected.
(6) A communication and record 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) A communication and record may be disclosed to a member of the immediate family or legal representative of the victim of a homicide committed by the person or patient where such person or 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 (A) such family member or legal representative requests the disclosure of such communication and record not later than six years after such finding, and (B) such communication and record shall only be available during the pendency of, and for use in, a civil action relating to such person or patient 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 or patient, 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 shall be sent, in writing, to the person or patient 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 or patient 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; P.A. 25-97, S. 7.)
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”; P.A. 25-97 amended Subdivs. (1) to (3) by adding “psychologist or psychiatric mental health provider” and further amended Subdiv. (1) by inserting Subpara. (A) and (B) designators, replacing “persons” with “an individual”, Subdiv. (3) by adding “person or patient” and replacing “person” with “individual”, Subdiv. (4) by adding “psychologist” and “psychological”, Subdiv. (5) by adding “psychologist”, Subdiv. (7) by adding “patient”, and Subdiv. (8) by adding references to patient, and adding “person” and making technical changes throughout.
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Sec. 52-146g. Access to communications and records by individuals engaged in research. (a) An individual engaged in research may have access to a communication and record that identifies a person or patient where needed for such research, if such individual's research plan is first submitted to and approved by the director of the mental health facility or such director's designee.
(b) The communication and record shall not be removed from the mental health facility that prepared them. Coded data or data that does not identify a person or patient may be removed from a mental health facility, provided the key to the code shall remain on the premises of the facility.
(c) The mental health facility and the individual doing the research shall be responsible for the preservation of the anonymity of each person or patient identified in such communication and record and shall not disseminate data that identifies a person or patient except as provided by sections 52-146d to 52-146j, inclusive.
(1969, P.A. 819, S. 5; P.A. 82-160, S. 67; P.A. 25-97, S. 8.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 25-97 amended Subsecs. (a) and (c) by replacing “person” with “individual” and further amended Subsec. (a) by replacing “psychiatric communications and records” with “communication and record”, and adding references to person and making technical changes throughout.
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Sec. 52-146h. Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of communication and record. (a) Any facility or individual under contract with the Department of Mental Health and Addiction Services to provide behavioral health services shall transmit a communication and record, if requested, to the Commissioner of Mental Health and Addiction Services pursuant to such facility's or individual's obligation under section 17a-451 to maintain the overall responsibility for the care and treatment of individuals with psychiatric disorders or substance use disorders. The Commissioner of Mental Health and Addiction Services may collect and use the communication and record for administration, planning or research, subject to the provisions of section 52-146g. The Commissioner of Mental Health and Addiction Services may enter into contracts within the state and into interstate compacts for the efficient storage and retrieval of the communication and record.
(b) Identifiable data shall be removed from each communication and record before issuance from the individual or facility that prepared such communication and record, and a code, the key to which shall remain in possession of the issuing facility and be otherwise available only to the Commissioner of Mental Health and Addiction Services for purposes of planning, administration or research, shall be the exclusive means of identifying persons and patients. The key to the code shall not be available to any data banks in which the information is stored or to any other individuals, corporations or agencies, private or governmental.
(1969, P.A. 819, S. 6; P.A. 82-160, S. 68; P.A. 95-257, S. 11, 13, 58; June 18 Sp. Sess. P.A. 97-8, S. 31, 88; P.A. 25-97, S. 9.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to apply section to individuals under contract with the department to provide behavioral health services, to delete provision re approval of Board of Mental Health and Addiction Services and to replace reference to the mentally ill with reference to persons with psychiatric or substance abuse disorders and amended Subsec. (b) to change “mental health facility” to “individual or facility”, effective July 1, 1997; P.A. 25-97 replaced “information and records” with “communication and record”, “persons” with “individuals” and made technical changes throughout.
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Sec. 52-146i. Labeling of confidential records. Each communication and record disclosed to another individual or agency shall bear the following statement: “The confidentiality of this record is required under chapter 899 of the Connecticut general statutes. This material shall not be transmitted to anyone without written consent or other authorization as provided in the aforementioned statutes.” A copy of the consent form specifying to whom and for what specific use the communication and record is transmitted or a statement setting forth any other statutory authorization for transmittal and the limitations imposed thereon shall accompany such communication and record. In cases where the disclosure is made orally, the individual disclosing the communication and record shall inform the recipient that such communication and record is governed by the provisions of sections 52-146d to 52-146j, inclusive.
(1969, P.A. 819, S. 7; P.A. 25-97, S. 10.)
History: P.A. 25-97 replaced “person” with “individual” and made technical changes.
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Sec. 52-146j. Judicial relief. (a) Any individual aggrieved by a violation of any provision of sections 52-146d to 52-146i, inclusive, may petition the superior court for the judicial district in which such individual resides, or, in the case of a nonresident of the state, the superior court for the judicial district of Hartford, for appropriate relief, including temporary and permanent injunctions, and the petition shall be privileged with respect to assignment for trial.
(b) Any individual aggrieved by a violation of any provision of sections 52-146d to 52-146i, inclusive, may prove a cause of action for civil damages.
(1969, P.A. 819, S. 8; P.A. 78-280, S. 2, 6, 127; P.A. 82-160, S. 69; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 25-97, S. 11.)
History: P.A. 78-280 substituted “judicial district” for “county” generally and “the judicial district of Hartford-New Britain” for “Hartford county”; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 25-97 replaced “person” with “individual”, deleted reference to Sec. 52-146j and made technical changes.
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Sec. 52-146o. Disclosure of patient communication or information by physician, surgeon or health care provider prohibited. (a) Except as provided in sections 52-146d to 52-146j, inclusive, sections 52-146p, 52-146q and 52-146s and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, a physician or surgeon, licensed pursuant to section 20-9, or other licensed health care provider, shall not disclose (1) any communication made to him or her by, or any information obtained by him or her from, a patient or the conservator or guardian of a patient with respect to any actual or supposed physical or mental disease or disorder, or (2) any information obtained by personal examination of a patient, unless the patient or that patient's authorized representative explicitly consents to such disclosure.
(b) Consent of the patient or the patient's authorized representative shall not be required for the disclosure of such communication or information (1) pursuant to any statute or regulation of any state agency or the rules of court, (2) by a physician, surgeon or other licensed health care provider against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the physician's, surgeon's or other licensed health care provider's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a physician, surgeon or health care provider in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.
(P.A. 90-177; P.A. 91-141; P.A. 96-47, S. 13; P.A. 11-129, S. 20; P.A. 13-208, S. 63; P.A. 25-97, S. 15.)
History: P.A. 91-141 rephrased provisions re exceptions to the prohibition on disclosure and added Subsec. (b)(2) and (3) re disclosure to the attorney or professional liability insurer of a physician, surgeon or licensed health care provider and disclosure when abuse of certain individuals is known or suspected; P.A. 96-47 deleted “or other licensed health care provider” in Subsec. (a), adding reference to definitions in Sec. 20-7b(b) and inserted new Subsec. (b)(3) authorizing disclosure to Commissioner of Public Health, renumbering former Subdiv. as Subdiv. (4) (Revisor's note: In Subsec. (a) the phrase “…, a physician, surgeon, as defined in …” was changed editorially by the Revisors to “…, a physician or surgeon, as defined in …”); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (b); P.A. 13-208 amended Subsec. (a) by adding reference to Secs. 52-146p, 52-146q and 52-146s, substituting reference to Sec. 20-9 for reference to Sec. 20-7b(b), adding provision re other licensed health care provider and making technical changes, and amended Subsec. (b) by making technical changes; P.A. 25-97 amended Subsec. (a) by deleting reference to Sec. 52-146c.
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Sec. 52-146w. Disclosure of patient communication or information relating to reproductive health care services or gender-affirming health care services by covered entity or business associate prohibited. Exceptions. (a) Except as provided in sections 52-146d to 52-146k, inclusive, sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, no covered entity or business associate, as defined in 45 CFR 160.103, shall disclose (1) any communication made to such covered entity or business associate, or any information obtained by such covered entity or business associate from, a patient or the conservator, guardian or other authorized legal representative of a patient relating to reproductive health care services or gender-affirming health care services, as defined in section 52-571m, that are permitted under the laws of this state, or (2) any information obtained by personal examination of a patient relating to such services, that are permitted under the laws of this state, unless the patient or that patient's conservator, guardian or other authorized legal representative explicitly consents in writing to such disclosure. A covered entity shall inform the patient or the patient's conservator, guardian or other authorized legal representative of the patient's right to withhold such written consent. A covered entity or business associate that receives a subpoena for patient information related to reproductive health care services or gender-affirming health care services subject to the provisions of this section that does not fall under any exemption in subsection (b) of this section and is not accompanied by the written consent of the patient or the conservator, guardian or other authorized legal representative of the patient shall provide a copy of the subpoena to the office of the Attorney General not later than seven days after the date of receipt of the subpoena. The office of the Attorney General shall post notice of the methods by which a covered entity and business associate may send the copy of the subpoena.
(b) Written consent of the patient or the patient's conservator, guardian or other authorized legal representative shall not be required for the disclosure of such communication or information (1) pursuant to the laws of this state or the rules of court prescribed by the Judicial Branch, (2) by a covered entity or business associate against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the covered entity's or business associate's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a covered entity in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.
(c) Nothing in this section shall be construed to impede the lawful sharing of medical records as permitted by state or federal law or the rules of the court prescribed by the Judicial Branch, except in the case of a subpoena commanding the production, copying or inspection of medical records relating to reproductive health care services or gender-affirming health care services, as defined in section 52-571m.
(P.A. 22-19, S. 2; P.A. 25-97, S. 16; 25-168, S. 278.)
History: P.A. 22-19 effective July 1, 2022; P.A. 25-97 amended Subsec. (a) by deleting reference to Sec. 52-146c; P.A. 25-168 amended Subsecs. (a) and (b) by adding references to business associate and further amended Subsec. (a) by adding provision re covered entity or business associate sharing copy of subpoena for patient information relating to reproductive health care services or gender-affirming health care services with office of Attorney General in certain instances, and amended Subsecs. (a) and (c) by adding references to gender-affirming health care services, effective July 1, 2025.
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Sec. 52-146x. Disclosure of patient communication or information relating to gender-affirming health care services or reproductive health care services by covered entity prohibited. Exceptions. Section 52-146x is repealed, effective July 1, 2025.
(P.A. 22-118, S. 485; P.A. 25-168, S. 287.)
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Sec. 52-155a. Limitations on issuance of out-of-state subpoena request relating to reproductive health care services or gender-affirming health care services. Notwithstanding the provisions of sections 52-155 and 52-657, a judge, justice of the peace, notary public or commissioner of the Superior Court shall not issue a subpoena requested by a commissioner, appointed according to the laws or usages of any other state or government, or by any court of the United States or of any other state or government, when such subpoena relates to reproductive health care services or gender-affirming health care services, as defined in section 52-571m, that are permitted under the laws of this state, unless the subpoena relates to: (1) An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or (2) an out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena requested by a commissioner appointed according to the laws or usages of another state.
(P.A. 22-19, S. 3; P.A. 25-168, S. 283.)
History: P.A. 22-19 effective July 1, 2022; P.A. 25-168 added reference to gender-affirming health care services, effective July 1, 2025.
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Sec. 52-155b. Limitations on issuance of out-of-state subpoena request relating to gender-affirming health care services or reproductive health care services. Section 52-155b is repealed, effective July 1, 2025.
(P.A. 22-118, S. 486; P.A. 25-168, S. 287.)
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