People v. Kelley.

2023 CO 32. No. 22SA874. Physician-Patient Privilege—Waiver—Involuntary Intoxication.

June 5, 2023

In this original proceeding, the Supreme Court considered whether a defendant impliedly waives their statutory physician-patient privilege by endorsing the affirmative defense of involuntary intoxication. The Court concluded that a defendant injects their physical or mental condition into a case when they endorse involuntary intoxication as an affirmative defense, thus impliedly waiving their physician-patient privilege. The implied waiver is limited to the records and information that are pertinent to the defendant’s endorsement of the affirmative defense.

Accordingly, the Court discharged the rule to show cause.