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Evidence Code 1017

Summary:

There is no psychotherapist-patient privilege if the psychotherapist is appointed by the court to examine the patient, unless the psychotherapist is appointed upon request of the patient's lawyer to obtain information to advise the patient of whether or not to utilize a defense based on insanity or on his mental or emotional condition. There is no privilege if the psychotherapist is appointed by the Board of Prison Terms to examine the patient.

Keywords:

confidential medical communications, lawyer, mental health professional, judicial, mental health, prisoner, personal representative

Associated Federal Law(s): 

164.512(e)

Evidence Code 1023

Summary:

There is no psychotherapist-patient privilege in a proceeding conducted at the request of a criminal defendant to determine his sanity.

Keywords:

confidential medical communications, mental health professional, judicial, mental health

Associated Federal Law(s): 

164.512(e)

Evidence Code 1025

Summary:

There is no psychotherapist-patient privilege in a proceeding brought by the patient to establish his competence.

Keywords:

confidential medical communications, incapacitated, mental health professional, judicial, mental health

Associated Federal Law(s): 

164.512(e)