Item of Interest December 31, 1932 Issue

Items of interest

Occasionally Christian Science practitioners are called upon to give testimony in Court regarding their patients. Sometimes the testimony desired from them does not involve the information which came to them by reason of their relationship of practitioner to patient. At other times, however, practitioners are asked questions the answers to which would violate the provisions of the By-Law, Article VIII, Section 22, of the Church Manual.

Courts have generally respected the position of Christian Science practitioners, that the confidential communications of patients should not be disclosed. In a recent will case, when the first witness, who was a practitioner, raised the question, the Court immediately said that if that rule is a part of the discipline of the Church to which the practitioner belongs, the Court would hold that the communication from the patient was confidential and could not be disclosed. The Court's statement had a bearing on other witnesses called who had given treatment to the deceased.

In most jurisdictions, physicians and clergymen have exemption under the law from the necessity of testifying to that which has been disclosed to them confidentially by their patients or parishioners. Naturally, a practitioner would not be a witness in a case of this kind unless legally summoned, and, when legally summoned, can ask the Court to excuse him from testifying concerning confidential communications coming to him in his professional capacity. If the Court seems inclined to require the practitioner to testify, the practitioner can even call the attention of the Court specifically to Section 22 of Article VIII of the Church Manual. If the Court then orders the practitioner to testify, he should comply with the order. Except in a case of legal requirement a practitioner should, of course, comply in letter and spirit with the By-Law and keep confidential the information coming to him as a practitioner from his patients, unless he has their consent to divulge it.

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