Psychotherapist-Patient Privilege, Section 90.503 (1)

Question 1

Who can claim privilege?

Answer 1

1. The patient
2. ** patient’s attorney **(on the patient’s behalf).
3. A guardian or conservator of the patient.
4. The personal representative of a deceased patient.
5. 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

Hint: 5 (groups) of people

Question 2

The term “Psychotherapist” can be used by the following professionals

Answer 2

1. A physician or someone authorized to practice medicine
2. licensed psychologist
3. licensed CSW, (Clinical Social worker)
4. licensed Marriage/Family therapist
5. Licensed Mental Health Counselor
6. Treatment personnel of state facilities or community mental health centers

Hint: 6 groups counting a Licensed psychologist

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)