Identify holder of privilege

Note: Blogpost being edited.

1A, T2.  Identify holder of privilege by evaluating client’s age, legal status, and/or content of therapy to determine requirements for providing therapeutic services.

K3. Knowledge of laws regarding holder of privilege.

Q: What section of law defines Privilege for Psychotherapy clients?

A: Evidence Code Sections 1010-1015 (and 1010-1027, overall, for topic of privilege).  The client has privilege to protect criminal justice system from accessing therapeutic records. Note: Social Workers are only psychotherapists *when* they are practicing psychotherapy.

Q: Who is a “holder” of privilege?

A: Within Evidence Code Section 1013, it refers to the “holder” of privilege – applying/waiving the privilege when records are sought by third party – and is not necessarily the client.  This could be the patient when there is no guardian or conservator; the guardian or conservator of the patient; the personal representative of the patient if the patient is dead.

K4. Knowledge of laws regarding privileged communication.

Q: When can a psychotherapist release reords?

A: When the holder of privilege gives permission.


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