8.01-400.2 - Communications between certain mental health professionals and clients. - Virginia Statutes

§ 8.01-400.2. Communications between certain mental health professionals andclients.

Except at the request of or with the consent of the client, no licensedprofessional counselor, as defined in § 54.1-3500; licensed clinical socialworker, as defined in § 54.1-3700; licensed psychologist, as defined in §54.1-3600; or licensed marriage and family therapist, as defined in §54.1-3500, shall be required in giving testimony as a witness in any civilaction to disclose any information communicated to him in a confidentialmanner, properly entrusted to him in his professional capacity and necessaryto enable him to discharge his professional or occupational servicesaccording to the usual course of his practice or discipline, wherein suchperson so communicating such information about himself or another is seekingprofessional counseling or treatment and advice relative to and growing outof the information so imparted; provided, however, that when the physical ormental condition of the client is at issue in such action, or when a court,in the exercise of sound discretion, deems such disclosure necessary to theproper administration of justice, no fact communicated to, or otherwiselearned by, such practitioner in connection with such counseling, treatmentor advice shall be privileged, and disclosure may be required. The privilegesconferred by this section shall not extend to testimony in matters relatingto child abuse and neglect nor serve to relieve any person from the reportingrequirements set forth in § 63.2-1509.

(1982, c. 537; 2005, c. 110.)