National Stop Smoking Clinic-Atlanta, Inc. v. Dean

Sognier, Judge.

Jerry and Kathryn Dean brought suit against National Stop Smoking Clinic-Atlanta, Inc. (the Clinic) and three other defendants, alleging medical malpractice and fraud in connection with Jerry Dean’s treatment at the Clinic. We granted the Clinic’s application for interlocutory appeal from the trial court’s order compelling the Clinic to produce the names and addresses of all persons who have received the Clinic’s stop smoking treatment.

Appellant does not contend the discovery order is unduly burdensome or that it requires the production of irrelevant evidence, but instead challenges the trial court’s order on the ground that it improperly requires appellant to abrogate its duty of confidentiality to its patients. The record reveals that appellant offers a medical program, administered by a licensed physician, designed to reduce or eliminate its patients’ desires to smoke. Appellant argues that because it provides only this one type of medical treatment, disclosure of its patients’ identities is tantamount to disclosure of “medical information” in violation of OCGA § 24-9-40.

Contrary to appellant’s assumptions, in Georgia there is no evidentiary privilege for physician-patient communications, Orr v. Sievert, 162 Ga. App. 677, 678 (292 SE2d 548) (1982); Gilmore v. State, 175 Ga. App. 376, 377-378 (333 SE2d 210) (1985), although this court has recognized that “because of the Hippocratic Oath taken by all doctors, a doctor is not required to release information concerning a patient unless required to do so by subpoena or other appropriate court order.” Orr, supra at 678; see OCGA § 24-9-40. Consequently, appellant cannot claim physician-patient privilege as a bar to disclosure once a court requires the information to be produced.

However, even in circumstances where communications are privileged, such as within the psychiatrist-patient relationship, see OCGA § 24-9-21 (5), evidence showing the fact of employment of or treatment by a psychiatrist is not privileged. Cranford v. Cranford, 120 Ga. App. 470, 472-473 (1, 2) (170 SE2d 844) (1969). Thus, in Cranford we affirmed a lower court order compelling disclosure of a licensed psychologist’s deposit stubs and daily appointment books even though his clients’ identities would thereby be revealed. Appellant’s argument that disclosure of its patients’ names constitutes improper *290revelation of medical information because appellant only provides one type of treatment is without merit in view of our decisions that the privilege accorded psychiatrists and psychologists, who presumably also offer only one kind of medical treatment, does not extend to their patients’ identities.

Nor do we agree with appellant that OCGA § 24-9-40 bars disclosure of the information sought by appellees. The statute provides in part that “no hospital or health care facility . . . shall be required to release any medical information concerning a patient except . . . on appropriate court order or subpoena,” and provides further that any facility which releases information pursuant to such an order “shall not be liable to the patient or any other person.” This statute “is in reality a physician ‘shield’ statute,” Gilmore, supra at 378, not a codification of a physician-patient privilege, and “requires physicians to release information upon proper order.” Id. Assuming, without deciding, that appellant is a “health care facility,” nevertheless the trial court was authorized to order disclosure of any relevant, nonprivileged information, OCGA § 9-11-26 (b) (1), and as the information sought by appellees was not privileged we find no reversible error in the trial court’s decision.

Judgment affirmed.

Carley, C. J., McMurray, P. J., Birdsong, Pope, and Beasley, JJ., concur. Deen, P. J., Banke, P. J., and Ben-ham, J., dissent.