2.04.220 [Rule 19] Doctor-Patient

A physician or surgeon shall not, without the consent of the patient, be examined as to any communication made by the patient with reference to any physical or mental disease or disorder or supposed physical or mental disease or disorder or as to any such knowledge obtained by personal examination of the patient. The patient has the privilege to refuse to disclose and to prevent any other person from disclosing confidential communications, made for the purpose of diagnosis, treatment, or consultation of the patient's physical or mental condition, among himself, the physician or any persons who are participating in the diagnosis, treatment or consultation under the direction of the physician.

(a) A "physician" is a person authorized to provide medical services, treatment, diagnosis or consultation including a person trained in the Native American healing practices in a state or tribe or reasonably believed by a patient to be so.

(b) A "patient" is a person who consults, or is examined or interviewed by a physician.

(c) The patient, by placing his medical condition at issue, i.e., by filing a personal injury suit, waives this privilege.