Confidentiality and Privilege Flashcards

Under California law, which privilege protects communications between a licensed psychotherapist and their patient from disclosure in legal proceedings?

Answer: Psychotherapist-patient privilege

The psychotherapist-patient privilege under Evidence Code §1014 protects confidential communications between a therapist and patient from compelled disclosure.

A patient waives the psychotherapist-patient privilege when they:

Answer: Place their mental condition at issue in a legal proceeding

A patient waives privilege when they place their mental or emotional condition at issue in litigation, such as claiming emotional distress damages.

Which California statute governs the confidentiality of mental health records for licensed therapists?

Answer: Civil Code §56.10

California Civil Code §56.10 (part of the Confidentiality of Medical Information Act) governs the disclosure of medical and mental health records.

When a patient dies, who holds the psychotherapist-patient privilege in California?

Answer: The patient's estate or personal representative

Upon the patient's death, the privilege is held by the personal representative (executor or administrator) of the patient's estate.

A therapist may disclose confidential information without patient consent when:

Answer: There is a serious and imminent threat to an identifiable third party

Under the Tarasoff duty (Civil Code §43.92), a therapist must take reasonable steps to protect an identifiable third party facing a serious and imminent threat.

In a group therapy setting, what is the therapist's ethical obligation regarding confidentiality?

Answer: The therapist should instruct group members about confidentiality but cannot guarantee it

Therapists must inform group members of the confidentiality expectation, but cannot legally compel other group members to maintain it.