Div. 8 Privileges Ch. 4-5 Current 2013

Question 1

CEC 1000

When all parties claim through a deceased patient, what is the status of the physician/patient privilege?

Answer 1

1000. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.

Question 2

CEC 1001

Privilege if breach of duty by patient or physician?

Answer 2

1001. There is no privilege under this article as to a communication relevant to an issue of breach, by the physician or by the patient, of a duty arising out of the physician-patient relationship.

Question 3

CEC 1002

Privilege re intention of deceased patient about interests in property?

Answer 3

1002. There is no privilege under this article as to a communication relevant to an issue concerning the intention of a patient, now deceased, with respect to a deed of conveyance, will, or other writing, executed by the patient, purporting to affect an interest in property.

Question 4

CEC 1003

Privilege re deceased patient’s valid interest in property?

Answer 4

1003. There is no privilege under this article as to a communication relevant to an issue concerning the validity of a deed of conveyance, will, or other writing, executed by a patient, now deceased, purporting to affect an interest in property.

Question 5

CEC 1004

Privilege re commitment issues of based on condition of patient?

Answer 5

1004. There is no privilege under this article in a proceeding to commit the patient or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.

Question 6

CEC 1005 .

Privilege re patient’s competence?

Answer 6

1005. There is no privilege under this article in a proceeding brought by or on behalf of the patient to establish his competence.

Question 7

CEC 1006 .

Privilege requirements for publicly-accessable documents?

Answer 7

1006. There is no privilege under this article as to information that the physician or the patient is required to report to a public employee, or as to information required to be recorded in a public office, if such report or record is open to public inspection.

Question 8

CEC 1007 .

When does psy/pt privilege not exist against a public entity?

Answer 8

1007. There is no privilege under this article in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege (including the right or privilege to be employed by the public entity or to hold a public office) should be revoked, suspended, terminated, limited, or conditioned.

Question 9

CEC 1010

All those who are defined as psychotherapists?

Answer 9

1010. 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 his or her time to the practice of psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is 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 2 of the Business and Professions Code.
(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician 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 the supervision of a licensed clinical social worker, a licensed psychologist, or a board certified psychiatrist as required by Section 4996.20 or 4996.21 of the Business and Professions Code.
(h) A person exempt from the Psychology Licensing Law pursuant to subdivision (d) of Section 2909 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subdivision (b) of Section 4980.40 of the Business and Professions Code and is supervised by a licensed psychologist, board certified psychiatrist, a licensed clinical social worker, or a licensed marriage and family therapist.
(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 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.
(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.

Question 10

CEC 1010

Answer 10

1010. 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 his or her time to the practice of psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is 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 2 of the Business and Professions Code.
(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician 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 the supervision of a licensed clinical social worker, a licensed psychologist, or a board certified psychiatrist as required by Section 4996.20 or 4996.21 of the Business and Professions Code.
(h) A person exempt from the Psychology Licensing Law pursuant to subdivision (d) of Section 2909 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subdivision (b) of Section 4980.40 of the Business and Professions Code and is supervised by a licensed psychologist, board certified psychiatrist, a licensed clinical social worker, or a licensed marriage and family therapist.
(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 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.
(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.

Question 11

CEC 1010-1027

What article is Psychothrapist-Patient Privilege?

Answer 11

Cal Ev Code, Div 8., Ch 4,

Article 7: Psychotherapist-Patient Privilege [1010. - 1027.]

Question 12

CEC 930

What privileges do criminal defendants have at trial?

Answer 12

930. To the extent that such privilege exists under the
     Constitution of the United States or the State of California, a defendant in a criminal case has a privilege not to be called as a
     witness and not to testify.

Question 13

Privilege against self incrimination?

(CEC 940)

Answer 13

940. To the extent that such privilege exists under the
     Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend
     to incriminate him.

Question 14

What is the definition of ‘lawyer’ in lawyer/client privilege?

(CEC 950)

Answer 14

950. As used in this article, “lawyer” means a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation.

Question 15

Definition of client, in attorney/client privilege?

CEC 951

Answer 15

951. As used in this article, “client” means a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him in his professional capacity, and includes an incompetent (a) who himself so consults the lawyer or (b) whose guardian or conservator so consults the lawyer in behalf of the incompetent.

Question 16

What is lawyer/client confidential communication?

CEC 952

Answer 16

952. As used in this article, “confidential communication between client and lawyer” means information transmitted between a client and his or her lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of
     the information or the accomplishment of the purpose for which the lawyer is consulted, and includes a legal opinion formed and the advice given by the lawyer in the course of that relationship.

Question 17

Who is the holder of the privilege in lawyer/client privilege?

(CEC 953)

Answer 17

953. As used in this article, “holder of the privilege” means (a) The client, if the client has no guardian or conservator. (b) A guardian or conservator of the client, if the client has a guardian or conservator.
     (c) The personal representative of the client if the client is dead, including a personal representative appointed pursuant to Section 12252 of the Probate Code.
     (d) A successor, assign, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.

Question 18

Privilege not to disclose and prevent disclosure in lawyer/client privilege?

(CEC 954(a)(b))

Answer 18

954. Subject to Section 912 and except as otherwise provided in
     this article, the client, whether or not a party, has a privilege to
     refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or *****

Question 19

Former lawyer issues in attorney/client privilege?

(CEC 954(c))

Answer 19

CEC **** 954 (c) The person who was the lawyer at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he is otherwise instructed by a person authorized to permit disclosure. The relationship of attorney and client shall exist between a law corporation as defined in Article 10 (commencing with Section 6160) of Chapter 4 of Division 3 of the Business and Professions Code and the persons to whom it renders professional services, as well as between such persons and members of the State Bar employed by such corporation to render services to such persons. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations and other groups and entities.

Question 20

Lawyer must …?

(CEC 955)

Answer 20

955. The lawyer who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is
     authorized to claim the privilege under subdivision (c) of Section 954.

Question 21

What happens if a crime is part of lawyer/client consultation?

(CEC 956)

Answer 21

956. There is no privilege under this article if the services of the lawyer were sought or obtained to enable or aid anyone to commit
     or plan to commit a crime or a fraud.

Question 22

Prevention of criminal act lawyer/client privilege?

(CEC 956.5)

Answer 22

956.5. There is no privilege under this article if the lawyer
reasonably believes that disclosure of any confidential communication relating to representation of a client is necessary to prevent a criminal act that the lawyer reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.

Question 23

CEC 957

Answer 23

957. There is no privilege under this article as to a communication
     relevant to an issue between parties all of whom claim through a
     deceased client, regardless of whether the claims are by testate or
     intestate succession, nonprobate transfer, or inter vivos
     transaction.

Question 24

(CEC 958)

Answer 24

958. There is no privilege under this article as to a communication
     relevant to an issue of breach, by the lawyer or by the client, of a
     duty arising out of the lawyer-client relationship.

Question 25

(CEC 959)

Answer 25

959. There is no privilege under this article as to a communication
     relevant to an issue concerning the intention or competence of a
     client executing an attested document of which the lawyer is an
     attesting witness, or concerning the execution or attestation of such
     a document.

Question 26

(CEC 960)

Answer 26

960. There is no privilege under this article as to a communication
     relevant to an issue concerning the intention of a client, now
     deceased, with respect to a deed of conveyance, will, or other
     writing, executed by the client, purporting to affect an interest in
     property.

Question 27

(CEC 961)

Answer 27

961. There is no privilege under this article as to a communication
     relevant to an issue concerning the validity of a deed of
     conveyance, will, or other writing, executed by a client, now
     deceased, purporting to affect an interest in property.

Question 28

(CEC 962)

Answer 28

962. Where two or more clients have retained or consulted a lawyer
     upon a matter of common interest, none of them, nor the successor in
     interest of any of them, may claim a privilege under this article as
     to a communication made in the course of that relationship when such
     communication is offered in a civil proceeding between one of such
     clients (or his successor in interest) and another of such clients
     (or his successor in interest).

Question 29

CEC 971

Answer 29

971. Except as otherwise provided by statute, a married person
     whose spouse is a party to a proceeding has a privilege not to be
     called as a witness by an adverse party to that proceeding without
     the prior express consent of the spouse having the privilege under
     this section unless the party calling the spouse does so in good
     faith without knowledge of the marital relationship.

Question 30

CEC 972(a)-(d))

Answer 30

972. A married person does not have a privilege under this article in: (a) A proceeding brought by or on behalf of one spouse against the other spouse. (b) A proceeding to commit or otherwise place his or her spouse or his or her spouse’s property, or both, under the control of another because of the spouse’s alleged mental or physical condition. (c) A proceeding brought by or on behalf of a spouse to establish his or her competence. (d) A proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. ******

Question 31

CEC 972(e)

Answer 31

(e) A criminal proceeding in which one spouse is charged with:
(1) A crime against the person or property of the other spouse or
of a child, parent, relative, or cohabitant of either, whether
committed before or during marriage.
(2) A crime against the person or property of a third person
committed in the course of committing a crime against the person or
property of the other spouse, whether committed before or during
marriage.
(3) Bigamy.
(4) A crime defined by Section 270 or 270a of the Penal Code.

Question 32

CEC 972(f)

Answer 32

(f) A proceeding resulting from a criminal act which occurred
prior to legal marriage of the spouses to each other regarding
knowledge acquired prior to that marriage if prior to the legal
marriage the witness spouse was aware that his or her spouse had been
arrested for or had been formally charged with the crime or crimes
about which the spouse is called to testify.

Question 33

CEC 972(g) 1st Half

Answer 33

(g) A proceeding brought against the spouse by a former spouse so
long as the property and debts of the marriage have not been
adjudicated, or in order to establish, modify, or enforce a child,
family or spousal support obligation arising from the marriage to the
former spouse; in a proceeding brought against a spouse by the other
parent in order to establish, modify, or enforce a child support
obligation for a child of a nonmarital relationship of the spouse; or
in a proceeding brought against a spouse by the guardian of a child
of that spouse in order to establish, modify, or enforce a child
support obligation of the spouse.

Question 34

CEC 972(g) 2nd Half

Answer 34

***** The married person does not have a

privilege under this subdivision to refuse to provide information
relating to the issues of income, expenses, assets, debts, and
employment of either spouse, but may assert the privilege as
otherwise provided in this article if other information is requested
by the former spouse, guardian, or other parent of the child.
Any person demanding the otherwise privileged information made
available by this subdivision, who also has an obligation to support
the child for whom an order to estabish, modify, or enforce child
support is sought, waives his or her marital privilege to the same
extent as the spouse as provided in this subdivision.

Question 35

CEC 973

Answer 35

973. (a) Unless erroneously compelled to do so, a married person
     who testifies in a proceeding to which his spouse is a party, or who
     testifies against his spouse in any proceeding, does not have a
     privilege under this article in the proceeding in which such
     testimony is given.
     (b) There is no privilege under this article in a civil proceeding
     brought or defended by a married person for the immediate benefit of
     his spouse or of himself and his spouse.

Question 36

Privilege Not to Testify Against Spouse?

(CEC 979)

Answer 36

970. Except as otherwise provided by statute, a married person has
     a privilege not to testify against his spouse in any proceeding.

Question 37

CEC 980

Privilege for Confidential Marital Communications defined?

Answer 37

980. Subject to Section 912 and except as otherwise provided in this article, a spouse (or his guardian or conservator when he has a guardian or conservator), whether or not a party, has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if he claims the privilege and the comunication was made in confidence between him and the other spouse while they were husband and wife.

Question 38

CEC 981

When does confidential marital privilege not apply?

Answer 38

981. There is no privilege under this article if the communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime or a fraud.

Question 39

CEC 982

Answer 39

982. There is no privilege under this article in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.

Question 40

CEC 983

Answer 40

983. There is no privilege under this article in a proceeding brought by or on behalf of either spouse to establish his competence.

Question 41

CEC 984

Answer 41

984. There is no privilege under this article in:

(a) A proceeding brought by or on behalf of one spouse against the other spouse.
(b) A proceeding between a surviving spouse and a person who claims through the deceased spouse, regardless of whether such claim is by testate or intestate succession or by inter vivos transaction.

Question 42

CEC 985

Answer 42

985. There is no privilege under this article in a criminal proceeding in which one spouse is charged with:

(a) A crime committed at any time against the person or property of the other spouse or of a child of either.
(b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.
(c) Bigamy.
(d) A crime defined by Section 270 or 270a of the Penal Code.

Question 43

CEC 986.

Answer 43

986. There is no privilege under this article in a proceeding under the Juvenile Court Law, Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code.

Question 44

CEC 987

Answer 44

987. There is no privilege under this article in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.

Question 45

CEC 990

Answer 45

990. As used in this article, “physician” means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation.

Question 46

CEC 990-1007

What article covers Physician-Patient Privilege?

Answer 46

California Evidence Code, Div. 8. Chapter 4, Particular Privileges -

Article 6: Physician-Patient Privilege [990. - 1007.]

Question 47

CEC 991

Patient defined in physician/patient privilege?

Answer 47

991. As used in this article, “patient” means a person who consults a physician or submits to an examination by a physician for the purpose of securing a diagnosis or preventive, palliative, or curative treatment of his physical or mental or emotional condition.

Question 48

CEC 992

confidential communication between patient and physician” means?

Answer 48

992. confidential communication between patient & physician ==== info transmitted / during exam & relationship / in confidence / pt aware of no disclosure to 3d persons except reasonably necessary to further interests of pt / includes diagnosis & advice.

992. As used in this article, “confidential communication between patient and physician” means information, including information obtained by an examination of the patient, transmitted between a patient and his physician in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the physician is consulted, and includes a diagnosis made and the advice given by the physician in the course of that relationship.

Question 49

CEC 993

“holder of the privilege” in physician/patient privilege means?

Answer 49

993. As used in this article, “holder of the privilege” means:

(a) The patient when he has no guardian or conservator.
(b) A guardian or conservator of the patient when the patient has a guardian or conservator.
(c) The personal representative of the patient if the patient is dead.

Question 50

CEC 994

Patient rights in Patient/physician privilege?

Answer 50

994. Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician if the privilege is claimed by:

(a) The holder of the privilege;
(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(c) The person who was the physician at the time of the confidential communication, but such person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

The relationship of a physician and patient shall exist between a medical or podiatry corporation as defined in the Medical Practice Act and the patient to whom it renders professional services, as well as between such patients and licensed physicians and surgeons employed by such corporation to render services to such patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.

Question 51

CEC 995

Physician’s duties under physician/patient privilege?

Answer 51

995. The physician who received or made a communication subject to the privilege under this article shall claim the privilege whenever he is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 994.

Question 52

CEC 996

Answer 52

996. Who may tender == Patient/ a party claiming through patient/ a beneficiary of patient/ plaintiff claiming under CCP 376, 377 for injury or death of pt.

996. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient if such issue has been tendered by:
     (a) The patient;
     (b) Any party claiming through or under the patient;
     (c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
     (d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.

Question 53

CEC 997

Answer 53

997. There is no privilege under this article if the services of the physician were sought or obtained to enable or aid anyone to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort.

Question 54

CEC 998

Answer 54

998. There is no privilege under this article in a criminal proceeding.

Question 55

CEC 999 How does conduct of the patient in a proceed to recover damages based on that conduct affect the privilege?

Answer 55

999. There is no privilege under this article as to a communication relevant to an issue concerning the condition of the patient in a proceeding to recover damages on account of the conduct of the patient if good cause for disclosure of the communication is shown.

Question 56

CEC 1000 When all parties claim through a deceased patient, what is the status of the physician/patient privilege?

Answer 56

1000. There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased patient, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.

Question 57

CEC 1010.5

Educational Psychologist?

Answer 57

CEC 1010

A communication between a patient and an educational psychologist, licensed under Article 5 (commencing with Section 4986) of Chapter 13 of Division 2 of the Business and Professions Code, shall be privileged to the same extent, and subject to the same limitations, as a communication between a patient and a psychotherapist described in subdivisions (c), (d), and (e) of Section 1010.