Evidence Code

ORS 40.240
Rule 504-2. Nurse-patient privilege


A licensed professional nurse shall not, without the consent of a patient who was cared for by such nurse, be examined in a civil action or proceeding, as to any information acquired in caring for the patient, which was necessary to enable the nurse to care for the patient. [1981 c.892 §33b]

(Rule 504-2)

See also annotations under ORS 44.040 in permanent edition.

Notes of Decisions

Under Former Similar Statute (Ors 44.040)

Where public health nurse became acquainted with appellant through multi-faceted social service program and was not engaged in furnishing nursing care to appellant, nurse's testimony in termination of parental rights action as to her observations and opinions acquired during interviews and home visits with appellant was not covered by privilege of this section. State ex rel Juvenile Dept. v. Banker, 47 Or App 1125, 615 P2d 1168 (1980), Sup Ct review denied

Correction

The permanent edition citation for Nielson v. Bryson should be 257 Or 179, 477 P2d 714 (1970).

Law Review Citations

Under Former Similar Statute (Ors 44.040)

11 WLJ 329 (1975); 55 OLR 459-473 (1976)

Chapter 40

(Generally)

Notes of Decisions

General rule is that polygraph evidence is inadmissible in proceeding governed by Oregon Evidence Code. State v. Brown, 297 Or 404, 687 P2d 751 (1984)

Party could introduce results of polygraph test taken by spouse for purpose of showing that response of party upon learning polygraph results was reasonable. Fromdahl and Fromdahl, 314 Or 496, 840 P2d 683 (1992)

Where state law completely precludes reliable, materially exculpatory evidence, exclusion of that evidence violates Due Process Clauses of United States Constitution. State v. Cazares-Mendez, 233 Or App 310, 227 P3d 172 (2010), aff'd State v. Cazares-Mendez/Reyes-Sanchez, 350 Or 491, 256 P3d 104 (2011)

Oregon Evidence Code articulates minimum standards of reliability that apply to many types of evidence for admissibility, including eyewitness identification evidence, and parties must employ code to address admissibility of eyewitness testimony. State v. Lawson/James, 352 Or 724, 291 P3d 673 (2012)

Law Review Citations

59 OLR 43 (1980); 19 WLR 343 (1983)

Chapter 40

Evidence Code

Annotations are listed under the heading "Under former similar statute" if they predate the adoption of the Evidence Code, which went into effect January 1, 1982.


Source

Last accessed
Jun. 26, 2021