Posted on Oct 1, 1993 in Formal Opinions

Opinion Letter No. 93-15
October 1, 1993
Medical Opinions Protected

Medical opinions recorded in records maintained by the hyperbaric treatment center (Center) operated by the Research Corporation of the University of Hawaii were found to be within the scope of the physician-patient privilege and, therefore, protected from public disclosure under the UIPA. The records involved a county fire department employee who was treated at the Center for decompression sickness. The county fire department requested the Center to provide a medical opinion concerning the employee’s fitness for duty.

The OIP found that because the records involved were protected from disclosure by a specific state statute, the UIPA’s inter-agency disclosure provisions would not permit the Center to disclose the records to the county fire department without the employee-patient’s consent.

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