Evidence Code §1014 — Psychotherapist-Patient Privilege

Type: California Evidence Code

Summary

The patient (whether or not a party) has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist, subject to the §912 waiver doctrine and the §§1015–1027 exceptions. Privilege may be claimed by the holder, by an authorized person on the holder’s behalf, or by the psychotherapist (subject to limits).

When to use

The threshold privilege for any analysis of whether mental-health communications relating to Ella, Jack, Charley, or Jennifer can be compelled or used in this proceeding. Pair with §1016 (patient-litigant exception when mental/emotional condition is tendered) and §1024 (dangerous-patient exception). Particularly relevant when minor’s counsel seeks records, when subpoenas issue to providers, and when the redaction calculus is decided for any filing referencing therapy.

Section text (verbatim)

Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by:

(a) The holder of the privilege.

(b) A person who is authorized to claim the privilege by the holder of the privilege.

(c) The person who was the psychotherapist at the time of the confidential communication, but the person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

The relationship of a psychotherapist and patient shall exist between a psychological corporation as defined in Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a marriage and family therapist corporation as defined in Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code, a licensed clinical social workers corporation as defined in Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code, or a professional clinical counselor corporation as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code, and the patient to whom it renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients.

Linked exhibits

Transclude of Exhibits-by-Statute.base