Psychotherapist-Patient Privilege | Practical Law

Psychotherapist-Patient Privilege | Practical Law

Psychotherapist-Patient Privilege

Psychotherapist-Patient Privilege

Practical Law Glossary Item 6-522-3158 (Approx. 2 pages)

Glossary

Psychotherapist-Patient Privilege

A form of privilege that protects confidential communications between a patient and therapist during the course of diagnosis or treatment. The privilege is intended to promote effective psychotherapy by encouraging patients and therapists to communicate freely and without fear that their conversations will be disclosed to others.
The privilege typically covers confidential communications made by a patient to a licensed psychotherapist, including:
  • A psychiatrist.
  • A psychologist.
  • A social worker.
The psychotherapist-patient privilege is different than the physician-patient privilege, which protects from disclosure to third parties communications made by a patient to a physician during the course of medical treatment. The physician-patient privilege is not recognized under federal law, but is recognized under the laws of some states.