Bf. Lay, HEALER-PATIENT PRIVILEGE - EXTENDING THE PHYSICIAN-PATIENT PRIVILEGE TO ALTERNATIVE HEALTH PRACTITIONERS IN CALIFORNIA, Hastings law journal, 48(3), 1997, pp. 633
As the nature of healthcare in the United States evolves to include al
ternative therapies, it is reasonable to ask whether patients who seek
medical treatment from alternative health practitioners are entitled
to invoke the same testimonial privilege as that accorded to patients
who seek treatment from conventional medical doctors. In her Note, the
author explores the merits of applying the physician-patient privileg
e to the alternative healthcare setting. The analysis also considers a
lternative legal schemes far preserving the confidentiality of patient
s' communications, such as the existence of voluntary ethical codes of
conduct and the state constitutional right to privacy. The author con
cludes by proposing modifications to the California Evidence Code's ph
ysician-patient privilege which would extend the privilege to licensed
alternative heath practitioners.