Section § 1010

Explanation

This section of the law defines who qualifies as a 'psychotherapist' for purposes related to patient interactions. It includes various professionals, such as doctors specializing in psychiatry, licensed psychologists, clinical social workers, school psychologists, marriage and family therapists, registered psychological associates, and psychology interns under supervision. It also covers advanced practice nurses with psychiatric specialization and professional clinical counselors. The emphasis is on those licensed or certified to provide mental health treatment, including associates and trainees under appropriate supervision.

As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be:
(a)CA Evidence Code § 1010(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of their time to the practice of psychiatry.
(b)CA Evidence Code § 1010(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c)CA Evidence Code § 1010(c) A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, when they are engaged in applied psychotherapy of a nonmedical nature.
(d)CA Evidence Code § 1010(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e)CA Evidence Code § 1010(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f)CA Evidence Code § 1010(f) A person registered as a registered psychological associate who is under the supervision of a licensed psychologist as required by Section 2913 of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g)CA Evidence Code § 1010(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h)CA Evidence Code § 1010(h) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the primary supervision of a licensed psychologist.
(i)CA Evidence Code § 1010(i) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling their supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(j)CA Evidence Code § 1010(j) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(k)CA Evidence Code § 1010(k) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(l)CA Evidence Code § 1010(l) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(m)CA Evidence Code § 1010(m) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(n)CA Evidence Code § 1010(n) A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code.
(o)CA Evidence Code § 1010(o) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling their supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.

Section § 1010.5

Explanation

This law explains that conversations between a patient and an educational psychologist are protected by privacy, just like those between a patient and a psychotherapist. Patients can expect their communications with educational psychologists to be kept confidential, following the same rules set for psychotherapists.

A communication between a patient and an educational psychologist, licensed under Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code, shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist described in subdivisions (c), (d), and (e) of Section 1010.

Section § 1011

Explanation

This law defines a “patient” as someone who either sees a psychotherapist for diagnosis or treatment of their mental health or participates in research on mental or emotional issues.

As used in this article, “patient” means a person who consults a psychotherapist or submits to an examination by a psychotherapist for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his mental or emotional condition or who submits to an examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems.

Section § 1012

Explanation

This law defines "confidential communication between patient and psychotherapist" as any information shared privately between a patient and their therapist during treatment. This includes things discussed during sessions, the results of examinations, diagnoses, and advice given. The idea is that this information should not be disclosed to anyone else unless it’s necessary for the treatment or some relevant purpose that helps the patient.

As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation, or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the psychotherapist is consulted, and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship.

Section § 1013

Explanation

This section defines who holds the right to privacy concerning patient information. If the patient is alive and has no guardian, they hold the privilege. If there is a guardian or conservator, they hold it. If the patient has passed away, their personal representative holds the privilege.

As used in this article, “holder of the privilege” means:
(a)CA Evidence Code § 1013(a) The patient when he has no guardian or conservator.
(b)CA Evidence Code § 1013(b) A guardian or conservator of the patient when the patient has a guardian or conservator.
(c)CA Evidence Code § 1013(c) The personal representative of the patient if the patient is dead.

Section § 1014

Explanation

This law establishes that patients can keep their conversations with psychotherapists private, even if they're not involved in a legal case. Patients can stop others from disclosing these conversations if they claim the privilege. People like the therapist or someone authorized by the patient can assert this right. This protection applies to mental health professionals, including psychologists, therapists, social workers, and counselors, whether they work for themselves or through organizations like corporations or partnerships.

This confidentiality privilege ensures sensitive information shared during therapy remains protected unless the patient allows its release.

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)CA Evidence Code § 1014(a) The holder of the privilege.
(b)CA Evidence Code § 1014(b) A person who is authorized to claim the privilege by the holder of the privilege.
(c)CA Evidence Code § 1014(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. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.

Section § 1015

Explanation

This law says that a psychotherapist must assert a confidentiality privilege if they are present when someone tries to disclose a communication that falls under this privilege. It is their duty to maintain this confidentiality, as given by another part of the law (Section 1014).

The psychotherapist who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1014.

Section § 1016

Explanation

This law says that you can't keep certain communications private if they relate to the mental or emotional state of a patient when it's relevant to a legal issue. This applies if the patient brings up the issue, or if someone else is claiming on behalf of the patient, like a beneficiary. It also applies to some lawsuits for damages related to the patient's injury or death.

There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by:
(a)CA Evidence Code § 1016(a) The patient;
(b)CA Evidence Code § 1016(b) Any party claiming through or under the patient;
(c)CA Evidence Code § 1016(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
(d)CA Evidence Code § 1016(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.

Section § 1017

Explanation

This law section states that the confidentiality privilege between a psychotherapist and patient doesn't apply if the psychotherapist is court-appointed to examine the patient. However, if this appointment is at the request of the defendant's lawyer in a criminal case to assess mental condition for an insanity plea or defense, the privilege still holds.

Moreover, no privilege exists if the psychotherapist is appointed by the Board of Prison Terms to examine a patient under certain conditions related to prison regulations.

(a)CA Evidence Code § 1017(a) There is no privilege under this article if the psychotherapist is appointed by order of a court to examine the patient, but this exception does not apply where the psychotherapist is appointed by order of the court upon the request of the lawyer for the defendant in a criminal proceeding in order to provide the lawyer with information needed so that he or she may advise the defendant whether to enter or withdraw a plea based on insanity or to present a defense based on his or her mental or emotional condition.
(b)CA Evidence Code § 1017(b) There is no privilege under this article if the psychotherapist is appointed by the Board of Prison Terms to examine a patient pursuant to the provisions of Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.

Section § 1018

Explanation

This law says that if someone consults a therapist to help them commit or plan a crime, or to avoid getting caught after a crime, they can't keep what they told the therapist confidential. There is no privacy protection in these situations.

There is no privilege under this article if the services of the psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.

Section § 1019

Explanation

This section says that if multiple people are making claims that come from a deceased person, there is no confidentiality protection on communications relevant to those claims. It doesn’t matter if they’re inheriting through a will, no will, or some other transfer made while the deceased was alive.

There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.

Section § 1020

Explanation

This law states that if there's a dispute about whether a psychotherapist or a patient has failed to fulfill their responsibilities within their relationship, any relevant communication between them is not protected by confidentiality. This means that such communication can be used as evidence in legal proceedings about the alleged breach.

There is no privilege under this article as to a communication relevant to an issue of breach, by the psychotherapist or by the patient, of a duty arising out of the psychotherapist-patient relationship.

Section § 1021

Explanation

This law states that there is no protection or privilege for communications about a deceased person's intentions regarding property-related documents they created, like deeds or wills. In other words, you can't keep these communications secret if they are important to figuring out what the deceased wanted regarding their property.

There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.

Section § 1022

Explanation
Any communication concerning whether a deceased person's deed or will is legitimate is not protected by privacy rules in legal settings.
There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.

Section § 1023

Explanation

This law section states that in a legal proceeding to decide if a defendant in a criminal case is sane, which happens at the defendant's request, certain privileges usually given under this article do not apply. Essentially, privacy protections may not cover discussions or documents about the defendant's mental health in this specific kind of proceeding.

There is no privilege under this article in a proceeding under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code initiated at the request of the defendant in a criminal action to determine his sanity.

Section § 1024

Explanation

In this section, if a psychotherapist thinks their patient might be a danger to themselves or others, they aren't required to keep the patient's information confidential. They can share the information if they believe it's needed to prevent harm.

There is no privilege under this article if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger.

Section § 1025

Explanation

This law states that in legal proceedings where someone is questioning or proving a person's mental ability to make decisions (competence), the usual privacy protections for medical information do not apply.

There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.

Section § 1026

Explanation

This law says that there is no privacy protection for information that a psychotherapist or patient must report to public employees or record in a public office. If these reports or records can be inspected by the public, then the information is not considered private.

There is no privilege under this article as to information that the psychotherapist or the patient is required to report to a public employee or as to information required to be recorded in a public office, if such report or record is open to public inspection.

Section § 1027

Explanation

Under this law, a psychotherapist must report certain information if specific conditions are met. It applies when the patient is a child under 16, and the therapist believes the child may have been a victim of a crime. In such cases, sharing information is considered to be in the child's best interest, and the usual privacy protections are not applicable.

There is no privilege under this article if all of the following circumstances exist:
(a)CA Evidence Code § 1027(a) The patient is a child under the age of 16.
(b)CA Evidence Code § 1027(b) The psychotherapist has reasonable cause to believe that the patient has been the victim of a crime and that disclosure of the communication is in the best interest of the child.