Psychotherapist-Patient Privilege
Cal. EVID § 1010
California Statutes
As used in this article, “psychotherapist” means a person who is, or is reasonably believed by the patient to be: (
a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of their time to the practice of psychiatry. (
b) A person licensed as a psychologist under
Chapter 6.6 (commencing with
Section 2900) of Division of the Business and Professions Code. (
c) A person licensed as a clinical social worker under
Chapter 14 (commencing with
Section 4991) of Division of the Business and Professions Code, when they are engaged in applied psychotherapy of a nonmedical nature. (
d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state. (
e) A person licensed as a marriage and family therapist under
Chapter 13 (commencing with
Section 4980) of Division of the Business and Professions Code. (
f) A person registered as a registered psychological associate who is under the supervision of a licensed psychologist as required by
Section of the Business and Professions Code, or a person registered as an associate marriage and family therapist who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in
Section 4980.44 of the Business and Professions Code. (
g) A person registered as an associate clinical social worker who is under supervision as specified in
Section 4996.23 of the Business and Professions Code. (
h) A psychological intern as defined in
Section of the Business and Professions Code who is under the primary supervision of a licensed psychologist. (
i) A trainee, as defined in subdivision (
c) of
Section 4980.03 of the Business and Professions Code, who is fulfilling their supervised practicum required by subparagraph (
B) of paragraph (1) of subdivision (
d) of
Section 4980.36 of, or subdivision (
c) of
Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor. (
j) A person licensed as a registered nurse pursuant to
Chapter 6 (commencing with
Section 2700) of Division of the Business and Professions Code, who possesses a master’s degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing. (
k) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to
Article 9 (commencing with
Section 2838) of
Chapter of Division of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing. (
l) A person rendering mental health treatment or counseling services as authorized pursuant to
Section of the Family Code. (
m) A person licensed as a professional clinical counselor under
Chapter 16 (commencing with
Section 4999.10) of Division of the Business and Professions Code. (
n) A person registered as an associate professional clinical counselor who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code. (
o) A clinical counselor trainee, as defined in subdivision (
g) of
Section 4999.12 of the Business and Professions Code, who is fulfilling their supervised practicum required by paragraph (3) of subdivision (
c) of
Section 4999.32 of, or paragraph (3) of subdivision (
c) of
Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.