To paraphrase CMTG, Military (Federal) Rule of Evidence 801(d)(1) provides that
A statement is not hearsay if:
1. The declarant testifies and is subject to cross-examination about a prior statement.
2. The declarant testified under oath at a prior “hearing” or “or proceeding.”
Federal Evidence Review notes the following:
In conspiracy to distribute controlled substances prosecution, physician-defendant could not assert that the medical records of his patients were subject to a doctor-patient privilege because the federal courts do not recognize this privilege under FRE 501, in United States v. Bek, 493 F.3d 790 (7th Cir. July 6, 2007) (No. 05-4198)
It is easy to overlook that the a physician-patient confidential communications privilege is not recognized in the trial of federal question matters. As adopted by Congress, the Federal Rules of Evidence fail to explicitly allow for this privilege.
Court-Martial Trial Practice Blog