CLEE Confidentiality and Privilege

Question 1

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

Accepted Answer

Psychotherapist-patient privilege

Answer

Attorney-client privilege

Answer

Spousal privilege

Answer

Work product privilege

Question 2

A patient waives the psychotherapist-patient privilege when they:

Accepted Answer

Place their mental condition at issue in a legal proceeding

Answer

Ask the therapist for a copy of their records

Answer

Miss multiple scheduled appointments

Answer

Request a change in treatment modality

Question 3

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

Accepted Answer

Civil Code §56.10

Answer

Welfare and Institutions Code §5150

Answer

Evidence Code §1014

Answer

Business and Professions Code §4980

Question 4

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

Accepted Answer

The patient's estate or personal representative

Answer

The therapist

Answer

The patient's spouse

Answer

No one — the privilege terminates at death

Question 5

A therapist may disclose confidential information without patient consent when:

Accepted Answer

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

Answer

The patient owes an unpaid balance

Answer

Another therapist requests records for a referral

Answer

The patient has not attended sessions for 60 days

Question 6

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

Accepted Answer

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

Answer

Confidentiality applies only between the therapist and the group as a whole

Answer

Group members automatically waive confidentiality by participating

Answer

Confidentiality does not apply in group therapy settings