3. 911 tapes.

Despite their historical treatment as public records (Ops. Att'y Gen. 97-233, 96-89, 93-152, 92-209, 90-576), the state First Circuit recently held that 911 tapes are protected under the "privileged communications between a health care provider and patient" exception in the Public Records Act. Hill v. East Baton Rouge Parish Dep't of Emergency Med. Servs., No. 2005 1236, 2005 La. App. LEXIS 2611 (La. App. 1st Cir. Dec. 22, 2005) (citing La. R.S. § 44:4.1(B)(5)). In that case, the appellate court found that the dispatch communications center that received the 911 call was included in the statutory definition of a "health care provider." It reasoned that the term included persons "reasonably believed to be such by the patient."