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Confidentiality of Information

2.1­ Information obtained by experts in the course of their regular duties may be privileged by statute and deemed confidential. Such privileges exist for physicians, clergy, attorneys, accountants, licensed psychologists, and others. Great care must be exercised to prevent unauthorized or inappropriate disclosures of such confidential information.

To assure frank and complete disclosure of sensitive information concerning a person's health, legal matters, religious matters, or other privileged information and to assist a particular expert in providing services for the expert's patient or client, the law in Colorado recognizes that such information is privileged and confidential and cannot generally be disclosed without the patient or client's consent. See C.R.S. § 13-90-107.

The unauthorized disclosure of such confidential information may expose the expert to a common law claim for

damages; it may constitute a violation of the expert-patient/client privilege; it may be a breach of the expert's ethics; and may also constitute a felony under Colorado's Theft of Medical Information Statute, C.R.S. § 18-4-412.

There are restrictions regarding meeting with and/or disclosing information to the patient's adversaries. See § 6.3 for further discussion.

In certain circumstances, if the disclosure of sensitive medical, psychiatric, psychological, or other confidential information would undermine the relationship with the patient/client, or adversely affect his or her treatment or services, disclosure may be opposed until appropriately reviewed by a court. If a question arises concerning the propriety of a requested disclosure of confidential information, the expert should consult the patient/client or the patient's/client's attorney, or seek advice from the expert's personal attorney.