Evid. Code, § 1014 · Article 7. Psychotherapist-Patient Privilege
Evid. Code, § 1014
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 psychotherapist 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.
(c) The person who was the psychotherapist at the time of the confidential communication, but the 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 psychotherapist and patient shall exist between a psychological corporation as defined in Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code, a marriage and family therapist corporation as defined in Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code, a licensed clinical social workers corporation as defined in Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code, or a professional clinical counselor corporation as defined in Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code, and the patient to whom it renders professional services, as well as between those patients and psychotherapists employed by those corporations to render services to those patients. The word “persons” as used in this subdivision includes partnerships, corporations, limited liability companies, associations, and other groups and entities.
Notes and commentary — not statutory text
History
Amended by Stats. 2011, Ch. 381, Sec. 22. (SB 146) Effective January 1, 2012.
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=1014.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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. 6.6, art. 9Psychological CorporationsPrinted as Article 9 (commencing with Section 2995) of Chapter 6.6 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 13, art. 6Marriage and Family Therapy CorporationsPrinted as Article 6 (commencing with Section 4987.5) of Chapter 13 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 14, art. 5Licensed Clinical Social Workers CorporationsPrinted as Article 5 (commencing with Section 4998) of Chapter 14 of Division 2 of the Business and Professions Code
- Bus. & Prof. Code, div. 2, ch. 16, art. 7Professional Clinical Counselor CorporationsPrinted as Article 7 (commencing with Section 4999.123) of Chapter 16 of Division 2 of the Business and Professions Code
Evidence Code
Cited by 6 provisions
Provisions in this library whose text cites Evid. Code, § 1014. Each shows the citation as that text prints it.
Evidence Code
Health and Safety Code
Welfare and Institutions Code
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