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

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:

Accepted Answer

Place their mental condition at issue in a legal proceeding

Answer

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?

Accepted Answer

Civil Code §56.10

Answer

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?

Accepted Answer

The patient's estate or personal representative

Answer

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:

Accepted Answer

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

Answer

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.

CLEE - California Law and Ethics Exam Practice Test

CLEE - California Law and Ethics Exam Practice Test

CLEE Confidentiality and Privilege