2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 26 - Physician-patient relationship

(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Physician. — A person authorized or reasonably believed by the patient to be authorized to practice medicine in the place wherein the consultation or medical examination is performed. This includes the psychotherapist, whether a psychiatrist or a psychologist.
(2) Patient. — A person who consults a physician or submits to an examination by a physician for the sole purpose of securing medical treatment or a diagnosis prior to such treatment.
(3) Confidential communication. — Information transmitted between physician and patient in the course of that relationship and in confidence by a means which discloses the information to no third persons other than those to whom disclosure is necessary for the accomplishment of the purpose for which it is transmitted.
(B) Subject to the provisions of this rule, the patient, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician, if patient or physician reasonably believed such communication to be necessary to enable the physician to make a diagnosis or aid him in making a diagnosis of the patient’s condition, or in giving a prescription or treatment therefor. The privilege may be claimed not only by the holder of the privilege, that is, the patient, but also by a person who is authorized to do so on the patient’s behalf or by the physician who received the confidential communication, if the privilege is claimed in the interest and behalf of the patient.
(C) There is no privilege under this rule if:
(1) The communication is relevant to an issue concerning the patient’s condition, whether it be in a proceeding to commit the patient or otherwise place him under the control of another because of his alleged mental incompetence, or in an action in which the patient seeks to establish his competence, or in an action for damages involving conduct of the patient which constitutes a crime.
(2) The services of the physician were sought or obtained to enable or aid someone to commit or plan to commit a crime or a tortious act.
(3) Disclosure is requested in a criminal proceeding.
(4) The proceeding is a civil action to recover damages on account of conduct of the patient and good cause is shown to disclose the communication.
(5) The proceeding involves an issue concerning the validity of a will allegedly executed by the patient.
(6) The communication is relevant to an issue between parties, all of whom claim through a deceased patient, regardless of whether the claims are by testate or by intestate succession.
(7) The communication is relevant to an issue of breach of a duty arising out of the physician-patient relationship.
(8) The patient’s condition is an element of his claim or defense, or of the claim or defense of any person claiming through or under the patient as a beneficiary of the patient through a contract to which the latter is or was a party.
(9) The holder of the privilege had the physician or his agent or employee testify in an action as to information acquired by such physician, agent or employee through confidential communication.
(10) The communication is relevant to an issue concerning a physical examination of a patient which was made by order of the court, regardless of whether the patient is a party to the action or a witness therein.