SECTIONS 1010-1027 - California Statutes

EVIDENCE CODE

SECTION 1010-1027

1010. As used in this article, "psychotherapist" means a person who
is, or is reasonably believed by the patient to be:
(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 his or her time to the practice of
psychiatry.
(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) A person licensed as a clinical social worker under Article 4
(commencing with Section 4996) of Chapter 14 of Division 2 of the
Business and Professions Code, when he or she is engaged in applied
psychotherapy of a nonmedical nature.
(d) A person who is serving as a school psychologist and holds a
credential authorizing that service issued by the state.
(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) A person registered as a psychological assistant who is under
the supervision of a licensed psychologist or board certified
psychiatrist as required by Section 2913 of the Business and
Professions Code, or a person registered as a marriage and family
therapist intern who is under the supervision of a licensed marriage
and family therapist, a licensed clinical social worker, a licensed
psychologist, or a licensed physician certified in psychiatry, as
specified in Section 4980.44 of the Business and Professions Code.
(g) A person registered as an associate clinical social worker who
is under the supervision of a licensed clinical social worker, a
licensed psychologist, or a board certified psychiatrist as required
by Section 4996.20 or 4996.21 of the Business and Professions Code.
(h) A person exempt from the Psychology Licensing Law pursuant to
subdivision (d) of Section 2909 of the Business and Professions Code
who is under the supervision of a licensed psychologist or board
certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the
Business and Professions Code who is under the supervision of a
licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of
the Business and Professions Code, who is fulfilling his or her
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, board certified psychiatrist, a licensed
clinical social worker, or a licensed marriage and family therapist.
(k) 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.
(l) 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.
(m) A person rendering mental health treatment or counseling
services as authorized pursuant to Section 6924 of the Family Code.

1010.5. A communication between a patient and an educational
psychologist, licensed under Article 5 (commencing with Section 4986)
of Chapter 13 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.

1011. 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.

1012. 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.

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

1014. 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) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the
holder of the privilege.
(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 therapy
corporation as defined in Article 6 (commencing with Section 4987.5)
of Chapter 13 of Division 2 of the Business and Professions Code, or
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, 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.

1015. 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.

1016. 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) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a
contract to which the patient is or was a party; or
(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.

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) 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.

1018. 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.

1019. 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.

1020. 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.

1021. 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.

1022. 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.

1023. 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.

1024. 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.

1025. There is no privilege under this article in a proceeding
brought by or on behalf of the patient to establish his competence.

1026. 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.

1027. There is no privilege under this article if all of the
following circumstances exist:
(a) The patient is a child under the age of 16.
(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.