Evidence Code 1011
Summary:
The provision defines the "patient" in the psychotherapist-patient privilege as not only a person seeking treatment, but also as someone permitting examination of his mental or emotional condition for the purpose of scientific research on mental or emotional problems, thereby potentially invoking the privilege to protect research communications. Evidence Code 1012, defining "confidential communications" partly undercuts this, however, as patient must consider, subjectively, that no one else will be apprised of the psychotherapist-patient communication. It will likely be understood that a research project will be discussed outside of the therapeutic chamber.
Other Relevant California Code Sections:
Evidence Code 1014: defining the scope of the privilege; Evidence Code 1012: defining "confidential communication between patient and psychotherapist" Associated Federal Law(s):
Uses and disclosures for which an authorization is required : Authorization is generally required for use or disclosure of protected health information. Exceptions (listed).