Evid. Code, § 1010 · Article 7. Psychotherapist-Patient Privilege
Evid. Code, § 1010
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 2 of the Business and Professions Code.
(c) A person licensed as a clinical social worker under Chapter 14 (commencing with Section 4991) of Division 2 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 2 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 2913 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 2911 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 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.
(k) 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.
(l) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(m) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 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.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 647, Sec. 74. (SB 801) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=1010.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 6NursingPrinted as Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 6, art. 9Clinical Nurse SpecialistsPrinted as Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 6.6PsychologistsPrinted as Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, § 2911Printed as Section 2911 of the Business and Professions Code
- Bus. & Prof. Code, § 2913Printed as Section 2913 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 13Licensed Marriage and Family TherapistsPrinted as Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, § 4980.03Printed as Section 4980.03 of the Business and Professions Code
- Bus. & Prof. Code, § 4980.44Printed as Section 4980.44 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 14Social WorkersPrinted as Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, § 4996.23Printed as Section 4996.23 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 16Licensed Professional Clinical CounselorsPrinted as Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, § 4999.12Printed as Section 4999.12 of the Business and Professions Code
- Bus. & Prof. Code, § 4999.42Printed as Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code
- Bus. & Prof. Code, § 4999.48Printed as Sections 4999.42 to 4999.48, inclusive, of the Business and Professions Code
Cited by 20 provisions
Provisions in this library whose text cites Evid. Code, § 1010. Each shows the citation as that text prints it.
Civil Code
- Civ. Code, § 43.92Printed as Section 1010 of the Evidence Code
- Civ. Code, § 56.10Printed as Section 1010 of the Evidence Code
- Civ. Code, § 56.1007Printed as Section 1010 of the Evidence Code
- Civ. Code, § 56.104Printed as Section 1010 of the Evidence Code
- Civ. Code, § 56.106Printed as Section 1010 of the Evidence Code
Code of Civil Procedure
Education Code
Evidence Code
Health and Safety Code
Welfare and Institutions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.