EXCEPTIONS TO PRIVILEGE Flashcards
Evidence Code 1016
no privilege when the patient raises the issue of his or her mental or emotional condition
Evidence Code 1017
no privilege when the therapist is appointed by the court to examine the patient; psychologist must inform patient in advance about limits of confidentiality; excludes situations in which psychologist is hired to provide attorney for defendant with information upon which to base the defense
Evidence Code 1018
no privilege when services of the therapist are sought to aid patient in committing a crime or escaping apprehension after committing a crime
Evidence Codes 1019, 1021, 1022
no privilege as to communication relevant to parties who are claiming through a deceased person, regarding a deed, will, or other document executed by the patient
Evidence Code 1020
no privilege when either therapist or patient alleges a breach of duty
Evidence Code 1023
no privilege in proceeding initiated at request of defendant to determine his or her sanity
Evidence Code 1024
no privilege when therapist believes patient’s emotional condition
causes him or her to be a danger to self, others, or property, and disclosure is necessary to
prevent danger
Evidence Code 1025
no privilege in proceedings brought by patient to establish his or her competence
Evidence Code 1026
no privilege when therapist is required to make a report, if report is open to public inspection
Evidence Code 1027
No privilege if patient is under 16 years of age, has been victim of a crime, and disclosure is in the best interest of the child
