StudyXY
RegisterLog in
Back to AI Flashcard MakerLaw School Admission Test /CPLEE CA Laws That Guide the Specifics of Clinical Practice: Privilege Part 2

CPLEE CA Laws That Guide the Specifics of Clinical Practice: Privilege Part 2

Law School Admission Test16 CardsCreated 23 days ago

This deck covers the California Evidence Codes related to privilege in clinical practice, focusing on situations where privilege does not apply.

PrintEmbedImportReport

Evidence Code 1016: No privilege exists in proceedings in which the patient (or any party claiming through or under the patient) raises the issue of the patient’s _________________________________.

Mental or emotional condition. Example: Worker’s comp. suit alleging stress secondary to employment. This does not apply to situations in which a patient is seeking compensation for damages that are only physical.
Tap or swipe ↕ to flip
Swipe ←→Navigate
1/16

Key Terms

Term
Definition
Evidence Code 1016: No privilege exists in proceedings in which the patient (or any party claiming through or under the patient) raises the issue of the patient’s _________________________________.
Mental or emotional condition. Example: Worker’s comp. suit alleging stress secondary to employment. This does not apply to situations in which a pati...
Evidence Code 1017: No privilege exists when the therapist is appointed by ______________ or by the _____________________ to examine the patient.
• The court • Board of Prison Terms
Evidence Code 1023: Privilege doesn’t exist in a proceeding initiated at the request of a _______________ in a criminal action suit to determine his or her sanity.
Defendant.
Evidence Code 1025: There is no privilege in proceedings brought by the patient to establish his or her ________________. (However, the psychologist must have informed the patient of the limits of confidentiality in advance of the evaluation).
Competence.
Exceptions to privilege delineated in Evidence Codes 1017, 1023, and 1025 don’t apply when the therapist is appointed by the court to provide _______________ with information upon which to ________________.
• The criminal defendant’s lawyer • Base the defense
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.
• Commit a crime • Detection or apprehension
Log in to view all terms

Related Flashcard Decks

Law School Admission Test

CPLEE - CA Laws That Guide the Specifics of Clinical Practice: Psychotherapist Sexual Exploitation

These laws address psychotherapist sexual exploitation, prohibiting any sexual contact between a therapist and a current or former patient within two years of termination. They provide legal remedies for victims and outline professional consequences, reinforcing the ethical obligation to maintain appropriate therapeutic boundaries.

11 cards
View Deck
Law School Admission Test

CPLEE - CA Laws That Guide the Specifics of Clinical Practice: Tarasoff

In 1976, the California Supreme Court issued its landmark ruling in Tarasoff v. The Regents of the University of California, establishing the duty of mental health professionals to warn potential victims if a patient poses a serious threat of harm, balancing confidentiality with public safety.

6 cards
View Deck
Law School Admission Test

CPLEE - CA Laws That Guide the Specifics of Clinical Practice: Privilege

In general, the patient is the default holder of privilege, meaning they have the exclusive right to control access to their confidential information. Unless a guardian or conservator has been legally appointed, the patient’s permission is required to disclose privileged communications.

26 cards
View Deck
Law School Admission Test

Psychological Testing: Abnormal Psychology: Test 2 Abnormal Part 2

This flashcard set focuses on the legal definitions and implications of mental disorders, particularly within the Canadian context. It covers the characteristics that define a mental disorder under the law, distinguishes between civil and criminal legal processes, and clarifies conditions that typically do or do not fall under legal definitions of mental illness.

82 cards
View Deck
Law School Admission Test

CPLEE Laws and Regs. Related to General Business Practices: SPE Part 1

This deck covers key regulations and definitions related to Supervised Professional Experience (SPE) as outlined in the California Code of Regulations. It includes requirements for internships, employment settings, and postdoctoral training.

10 cards
View Deck
Law School Admission Test

Pharm Y2S2 - Law Exam Part 3

Oversight of the production processes for medicinal products. Regulation of how medicines are made available to patients and healthcare providers. Ensuring that imported medicines comply with the required standards.

86 cards
View Deck

Study Tips

  • Press F to enter focus mode for distraction-free studying
  • Review cards regularly to improve retention
  • Try to recall the answer before flipping the card
  • Share this deck with friends to study together
CPLEE CA Laws That Guide the Specifics of Clinical Practice: Privilege Part 2
TermDefinition
Evidence Code 1016: No privilege exists in proceedings in which the patient (or any party claiming through or under the patient) raises the issue of the patient’s _________________________________.
Mental or emotional condition. Example: Worker’s comp. suit alleging stress secondary to employment. This does not apply to situations in which a patient is seeking compensation for damages that are only physical.
Evidence Code 1017: No privilege exists when the therapist is appointed by ______________ or by the _____________________ to examine the patient.
• The court • Board of Prison Terms
Evidence Code 1023: Privilege doesn’t exist in a proceeding initiated at the request of a _______________ in a criminal action suit to determine his or her sanity.
Defendant.
Evidence Code 1025: There is no privilege in proceedings brought by the patient to establish his or her ________________. (However, the psychologist must have informed the patient of the limits of confidentiality in advance of the evaluation).
Competence.
Exceptions to privilege delineated in Evidence Codes 1017, 1023, and 1025 don’t apply when the therapist is appointed by the court to provide _______________ with information upon which to ________________.
• The criminal defendant’s lawyer • Base the defense
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.
• Commit a crime • Detection or apprehension
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.
Deceased.
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.
Deed, will, or other document.
Evidence Code 1022: There is no privilege with regard to communication concerning the _________________ of a deceased patient’s deed, will, or other document executed by the patient, affecting an interest in property.
Validity.
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.
Breach of duty.
Evidence Code 1024: No privilege exists when the therapist believes that the patient’s mental or emotional condition causes him/her to be a danger to himself or the person/property of others, and the disclosure is ___________________________________.
Necessary to prevent that danger. Bonus: This usually applies to legal proceedings, most commonly when a patient who is put on a 5250 (14-day hold) challenges the hold and requests a certification review hearing.
Evidence Code 1026: No privilege exists when the therapist or patient is required to make a report, if such a report is open to ____________________.
Public inspection.
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. Thus, the patient, the parent, or guardian may not invoke privilege to keep information about a crime against the minor out of the court, if the therapist believes it is in the minor’s best interest.
16.
A ___________________ is a document that is served to someone who is not a party to a legal case; it requires that the person appear and testify, bring documents, or both. Failure to respond may result in being held in contempt of court.
Subpoena.
The first step in responding to a subpoena is to:
Contact the patient and ascertain whether he/she wants to waive or invoke privilege.
If a patient invokes privilege, a therapist may from the subpoena. If this request is denied, he or she must comply, appear at the specified time/place, and bring any documents required by the subpoena. At the proceeding, the therapist will assert privilege ____________________. The judge will determine whether or not the material is _____________________, and either quash the subpoena if the material is protected, or issue an order if the material falls under an exception to privilege.
Ask to be released; On behalf of the patient; Protected by privilege