State v. Shirley

The majority opinion finds statements made by the defendant to the nurse not privileged because she was employed by the hospital and was not acting under the direction of a physician. This position finds support in the authorities. Annot., Evidence — Privilege—Nurse, 47 A.L.R.2d 742 (1956). Also see Ramon v. State, 387 So.2d 745 (Miss.1980); State v. McCoy, 70 Wash.2d 964, 425 P.2d 874 (1967), cert. denied, 389 U.S. 873, 88 S.Ct. 161, 19 L.Ed.2d 155 (1967). The fundamental basis for that position is that the privilege extends to only communications to a nurse who is acting as an agent for a…