Except at the request of or with the consent of the client, no licensed professional counselor, as defined in § 54.1-3500; licensed clinical social worker, as defined in § 54.1-3700; licensed psychologist, as defined in § 54.1-3600; or licensed marriage and family therapist, as defined in § 54.1-3500, shall be required in giving testimony as a witness in any civil action to disclose any information communicated to him in a confidential manner, properly entrusted to him in his professional capacity and necessary to enable him to discharge his professional or occupational services according to the usual course of his practice or discipline, wherein such person so communicating such information about himself or another is seeking professional counseling or treatment and advice relative to and growing out of the information so imparted; provided, however, that when the physical or mental condition of the client is at issue in such action, or when a court, in the exercise of sound discretion, deems such disclosure necessary to the proper administration of justice, no fact communicated to, or otherwise learned by, such practitioner in connection with such counseling, treatment or advice shall be privileged, and disclosure may be required. The privileges conferred by this section shall not extend to testimony in matters relating to child abuse and neglect nor serve to relieve any person from the reporting requirements set forth in § 63.2-1509.
1982, c. 537; 2005, c. 110.
Notes of Decisions
Jaffee v. Redmond, 518 U.S. 1 (1996).
· cites it 6× “503; Va. Code Ann. § 8.01-400.2 (1992); Wash. Rev.”
Schwartz v. Schwartz, 616 S.E.2d 59 (Va. Ct. App. 2005).
· cites it 6× “01-399, which applied to any “duly licensed practitioner of any branch of the healing arts,” and Code § 8.01-400.2, which applied to certain licensed professional counselors, clinical social workers and psychologists.”
Ex Parte United Serv. Stations, Inc., 628 So. 2d 501 (Ala. 1993).
“) (psychiatrist only); Va.Code § 8.01-400.2 (Michie 1992). The Alabama psychotherapist-patient privilege, however, is subject to certain judicially created exceptions.”
People v. Gonzales, 296 P.3d 945 (Cal. 2013).
“, rule 509(e)(6); Va. Code Ann. § 8.01-400.2 ; Vt. Rules Evid.”
Pierce v. Caday, 422 S.E.2d 371 (Va. 1992).
· cites it 2× “See Code § 8.01-400.2 (rule applied to counselors, social workers, and psychologists).”
United States v. Auster, 517 F.3d 312 (5th Cir. 2008).
“1923 (citing Va.Code Ann. § 8.01-400.2). 31 . The Sixth and Ninth Circuits also focus on the fact that it does not benefit the mentally ill to incarcerate them, and, implicitly, that it is not particularly blameworthy where the mentally ill make threatening remarks during…”
Nestle v. Commonwealth, 470 S.E.2d 133 (Va. Ct. App. 1996).
· cites it 2× “01-399 (physician-patient privilege) and Code § 8.01-400.2 (psychologist-client privilege).”
Dawkins v. Richmond Cmty. Hosp., 30 Va. Cir. 377 (Richmond County Cir. Ct. 1993).
· cites it 3× “(citing Va. Code § 8.01-400.2). The General Assembly’s recognition of situations where physician-patient privilege does not apply, and its protection of physicians and counselors when revealing confidences in those instances, implies a duty of nondisclosure as its underlying…”
Blough v. Food Lion, Inc., 142 F.R.D. 622 (E.D. Va. 1992).
· cites it 2× “Va. Code Ann. § 8.01-400.2 (Michie 1992) (psychologist-client privilege); Commonwealth v.”
Jaffee v. Redmond, 51 F.3d 1346 (7th Cir. 1995).
“503 (1994); Va.Code Ann. § 8.01-400.2 (Michie 1994). .”
Edward Jerome Bullano v. Renee Zeigler Bullano (Va. Ct. App. 2007).
· cites it 17× “McMillan’s testimony contained statutorily privileged and confidential information he provided to her in the course of marriage counseling, inadmissible without his permission under Code § 8.01-400.2. He also argues that Dr.”
Jane Student 1 v. Williams, 206 F.R.D. 306 (S.D. Ala. 2002).
· cites it 2× “506; Va.Code Ann. § 8.01-400.2; W. Va.Code § 30-31-13; Wis.”
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