Has anyone dealt with H&S Code 773.091 and 773.092 (patient confidentiality and Emergency Medical Services)? H&S 773.092(d) requires an in camera inspection by the court to determine relevancy and (c) totally works against us.

Will a grand jury subpoena and/or subpoena duces tecum trump this? What else can be done to protect EMS personnel and coordinators from potential liability when they are potential witnesses? What is the best approach when the coordinator refuses to allow his/her personnel to give a statement to investigating officers?

Please keep in mind that my counties are rural and our EMS personnel are volunteers, not full-time employees.

It is Rule 509 that trumps. See State v. Hardy, 963 SW2d 516.

John:

Thank you for your response. Bear with me on this. I am not the one that needs convincing that we are entitled to the information. The person I must convince needs to be totally completely convinced or I will be fighting this same battle every time I need information from the EMS.

TRE 509 deals with PHYSICIAN-Patient privilege and no physician is directly involved with the EMS information I am seeking to acquire. The Hardy court in FN7 states: "Appellee never raised his argument based upon Texas Health & Safety Code, Chapter 773 before the trial court or the Court of Appeals. And, while the record does not exclude the possibility that the blood test was conducted by emergency medical services personnel, there is no affirmative indication in the record that such was the case. Hence, we decline to address whether Chapter 773 applies to the present case but will discuss that statute insofar as it bears upon the applicability of 5.08 and Fourth Amendment expectations of privacy."

All the cases I find deal with blood evidence and DWI related crimes. My case is an Agg Assault w/DW and the information I need is in the possession of the local EMS. It includes their runsheets and notations of statements made to EMS personnel. My local coordinator is conscientious and HIPPA is also causing great concern. Does the fact that the EMS operates under the doctor's license make those records subject to the Physician-patient privilege?

I would analogize this to the lawyer-client privilege. It extends to the lawyer and his agents. So, if there is no physician-patient privilege, it should mean that it extends to the physician's agents, which certainly includes EMS workers.

Furthermore, the Rules make an affirmative statement about what is not admissible, and that statement, again included in Rule 509, indicates that only statements made for drug or alcohol treatment are excluded.

But, even if this reasoning doesn't work, is it so onerous to issue a grand jury subpoena, get a court order, and collect the information?