CLEE Confidentiality and Privilege 1 — Questions and Answers
Question 1: Under California law, which privilege protects communications between a licensed psychotherapist and their patient from disclosure in legal proceedings?
- Attorney-client privilege
- Psychotherapist-patient privilege (Correct answer)
- Spousal privilege
- Work product privilege
Correct answer: Psychotherapist-patient privilege
The psychotherapist-patient privilege under Evidence Code §1014 protects confidential communications between a therapist and patient from compelled disclosure.
Question 2: A patient waives the psychotherapist-patient privilege when they:
- Ask the therapist for a copy of their records
- Place their mental condition at issue in a legal proceeding (Correct answer)
- Miss multiple scheduled appointments
- Request a change in treatment modality
Correct 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.
Question 3: Which California statute governs the confidentiality of mental health records for licensed therapists?
- Welfare and Institutions Code §5150
- Civil Code §56.10 (Correct answer)
- Evidence Code §1014
- Business and Professions Code §4980
Correct 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.
Question 4: When a patient dies, who holds the psychotherapist-patient privilege in California?
- The therapist
- The patient's estate or personal representative (Correct answer)
- The patient's spouse
- No one — the privilege terminates at death
Correct 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.
Question 5: A therapist may disclose confidential information without patient consent when:
- The patient owes an unpaid balance
- There is a serious and imminent threat to an identifiable third party (Correct answer)
- Another therapist requests records for a referral
- The patient has not attended sessions for 60 days
Correct 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.
Question 6: In a group therapy setting, what is the therapist's ethical obligation regarding confidentiality?
- Confidentiality applies only between the therapist and the group as a whole
- The therapist should instruct group members about confidentiality but cannot guarantee it (Correct answer)
- Group members automatically waive confidentiality by participating
- Confidentiality does not apply in group therapy settings
Correct 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.
CLEE Confidentiality and Privilege 1
Under California law, which privilege protects communications between a licensed psychotherapist and their patient from disclosure in legal proceedings?