CA Laws That Guide the Specifics of Clinical Practice: Privilege

Question 1

If the patient is dead, the ______________________ is the holder of the privilege.

Answer 1

Personal representative.

Question 2

When more than one person holds the privilege (e.g., in couples’ therapy), one patient waiving privilege _______________ affect the other patient’s right to claim privilege.

Answer 2

Does not

Question 3

Evidence Code 1018: No privilege exists if the services of a therapist were sought or obtained to aid anyone to ________________ or to escape _______________________ after commission of a crime.

Answer 3

• Commit a crime
• Detection or apprehension

Question 4

Evidence Code 1019: There is no privilege as to communication that is specifically relevant to an issue between parties all of whom claim through a _______________ patient.

Answer 4

Deceased.

Question 5

Evidence Code 1021: There is no privilege with regard to communication concerning a deceased patient’s intent with regard to a ____________________________ executed by the patient, affecting an interest in property, or to the validity of the will.

Answer 5

Deed, will, or other document.

Question 6

Evidence Code 1020: No privilege exists when either the therapist or the patient alleges a __________________ (e.g., malpractice suit initiated by the patient, use of a collection agency by the therapist because of nonpayment by the patient). Thus, if a patient sues a therapist for negligence, the professional may use the therapy records in his or her defense.

Answer 6

Breach of duty.

Question 7

Evidence Code 1027: No privilege exists when the patient is under ___ years of age and the therapist has reason to believe the child has been the victim of a crime, and the disclosure is in the best interest of the child.

Answer 7

16.