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Rules of Evidence Table of Contents

RULES OF EVIDENCE

ARTICLE V. PRIVILEGES

Rule 503. Patient's Privilege


    (a) The confidential relations and communications between a physician or surgeon licensed under provisions of RSA Chapter 329 and his or her patient are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon.

    (b) The confidential relations and communications between a psychologist or pastoral counselor certified under provisions of RSA 330-A and his and her client are placed on the same basis as those provided by law between attorney and client, and except as authorized by the patient or otherwise provided by law, no psychologist or pastoral counselor shall be required to disclose such privileged communications. Confidential relations and communications between a client and any person working under the supervision of a psychologist or pastoral counselor that are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising psychologist or pastoral counselor.


2016 NHRE Update Committee Note

None of the privilege rules were adopted from the Federal Rules of Evidence so they were not part of the Update Committee’s targeted review. Some of the rules of privilege are adopted from the Uniform Rules of Evidence and some of them summarize New Hampshire statutes on privilege that were in existence at the time the New Hampshire Rules of Evidence were adopted. The Uniform Rules of Evidence were modified in 2005. The Update Committee did not make recommendations to amend these rules based upon Uniform Rule modifications.

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