Quick Tip: Reviewing the Psychotherapist-Patient Privilege on National Psychotherapy Day
September 25 is National Psychotherapy Day. On this day, we not only celebrate the importance of mental health care but also take a moment to explore the legal protections that ensure individuals can access therapy in confidence. One such legal protection is the psychotherapist-patient privilege, which guarantees that confidential communications between a patient and their therapist are shielded from disclosure in legal proceedings.
The psychotherapist-patient is included on both the MBE Subject Matter Outline and the MEE Subject Matter Outline for the current Uniform Bar Exam, as well as the Content Scope Outline for the upcoming NextGen Bar Exam.
The psychotherapist-patient privilege, recognized by the U.S. Supreme Court in Jaffee v. Redmond, 518 U.S. 1 (1996), establishes that conversations between a patient and their psychotherapist—whether a psychiatrist, psychologist, or licensed social worker—are protected under federal law.
Specifically, in Jaffee, the case involved a police officer who sought therapy from a licensed social worker after a traumatic incident. The Court ruled that these communications were privileged and could not be used as evidence. This decision was significant because it acknowledged the deeply personal nature of therapy and reinforced the importance of trust in the therapeutic relationship.
The psychotherapist-patient privilege functions similarly to the attorney-client privilege. Confidentiality of communications is crucial, ensuring that conversations between a patient and therapist are protected from disclosure in legal proceedings.
Nearly all states now recognize the psychotherapy-patient privilege, which operates in much the same way as the federal rule set forth in Jaffee.
