The Therapist-patient Privilege: A Brief Guide For Mental Health Professionals
Introduction
1. Definition. "Privilege" is a question of evidence law. It gives the patient or client the right to prevent the therapist from disclosing confidential information. It imposes no obligation upon the therapist to take the initiative in protecting the patient's confidences. The precise details of privileges --including whether therapists other than licensed clinical psychologists and psychiatrists are included -- vary considerably from state to state.
2.0. Privilege belongs to patient. The therapist-patient privilege "belongs" to the patient. In legal terms, it is like a piece of property. Only the patient can establish the privilege and take the necessary steps to assert or waive it. The mental health professional (MHP) must take his or her direction from the patient.
What is privileged?
3.0. What the patient says in a private therapy session. What the patient or client tells a therapist during a therapy session may or may not be privileged. ...