patient and physician . . . .” Among the statutory exceptions to the physician-patient privilege is Evidence Code section 998, which makes the privilege inapplicable in a criminal proceeding, and Evidence Code section 1007, which states the privilege does not apply a proceeding brought by a public entity to determine “in whether a right, authority, license, or privilege . . . should be revoked, suspended, terminated, limited, or conditioned.” The very next Article of the Evidence Code, Article 7, is entitled Privilege.” Evidence Code “Psychotherapist-patient section 1010 defines those who are considered “psychotherapists” for purposes of the privilege. A person like petitioner who is to practice medicine in any state or nation “authorized [and] . . . devotes . . . a substantial portion of his or her time to the practice of psychiatry” qualifies (Evid. Code, § 1010, subd. (a)), but so do many others, including licensed psychologists, clinical social workers, marriage and family therapists, and professional clinical counselors (Evid. Code, § 1010, subds. (b), (c), (e), (n)). Evidence Code section 1014 incorporates this definition of a psychotherapist and states: to [Evidence Code] “Subject Section 912 [governing waiver of privileges] and except as otherwise provided in this article, the patient . . . has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist . . . .” (Evid. Code, § 1014; see also Evid. Code, § 1015 [obligating a psychotherapist to claim the privilege on a patient’s behalf unless the patient authorizes disclosure].) The exceptions to the psychotherapist-patient privilege enumerated in Article 7 of the Evidence Code differ in some respects from those concerning the physician-patient privilege: among other things, there is no provision that renders the psychotherapist-patient
patient and physician . . . .” Among the statutory exceptions to the physician-patient privilege is Evidence Code section 998, which makes the privilege inapplicable in a criminal proceeding, and Evidence Code section 1007, which states the privilege does not apply “in a proceeding brought by a public entity to determine whether a right, authority, license, or privilege . . . should be revoked, suspended, terminated, limited, or conditioned.” The very next Article of the Evidence Code, Article 7, is entitled “Psychotherapist-patient Privilege.” Evidence Code section 1010 defines those who are considered “psychotherapists” for purposes of the privilege. A person like petitioner who is “authorized to practice medicine in any state or nation [and] . . . devotes . . . a substantial portion of his or her time to the practice of psychiatry” qualifies (Evid. Code, § 1010, subd. (a)), but so do many others, including licensed psychologists, clinical social workers, marriage and family therapists, and professional clinical counselors (Evid. Code, § 1010, subds. (b), (c), (e), (n)). Evidence Code section 1014 incorporates this definition of a psychotherapist and states: “Subject to [Evidence Code] Section 912 [governing waiver of privileges] and except as otherwise provided in this article, the patient . . . has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist . . . .” (Evid. Code, § 1014; see also Evid. Code, § 1015 [obligating a psychotherapist to claim the privilege on a patient’s behalf unless the patient authorizes disclosure].) The exceptions to the psychotherapist-patient privilege enumerated in Article 7 of the Evidence Code differ in some respects from those concerning the physician-patient privilege: among other things, there is no provision that renders the psychotherapist-patient
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