Psychotherapist-Patient Privilege (1)

Question 1

Privilege can be claimed by….

Answer 1

(a) The patient or the patient’s attorney on the patient’s behalf.
(b) A guardian or conservator of the patient.
(c) The personal representative of a deceased patient.
(d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary

Question 2

Definition of Psychotherapist

Answer 2

1. authorized to practice medicine, patient believes they are being treated for mental health or substance abuse
2. licensed psychologist, same as above
3. licensed CSW, Marriage/Family therapist, Mental Health Counselor, same as above
4. Treatment personnel of state facilities or community mental health centers
5. Psychiatric registered nurse

Question 3

Exceptions to Psychotherapist-Patient Confidentiality

Answer 3

1. People present and helping with the consult
2. People needed for the transmission of communication
3. People participating in assessment or treatment under direction of psychotherapist

Question 4

No Privilege if…

Answer 4

1. Involuntary hospitalization communications
2. Communications made in course of court-ordered exam of mental health
3. If patient relies upon mental health condition as an element of claim of defense or claim (incl. after patient’s death)