Chapter 12 - § 12.5 • THERAPIST-PATIENT PRIVILEGE

• Jurisdiction: Colorado

§ 12.5 • THERAPIST-PATIENT PRIVILEGE

Practice Pointer
Although the psychologist-patient privilege is recognized in federal court, Jaffee v. Redmond, 518 U.S. 1, 15 (1996) (noting that confidential communications between a psychiatrist, psychologist, psychotherapist, and a licensed social worker and their patients "in the course of diagnosis or treatment are protected from compelled disclosure" under FRE 501); a plaintiff's prayer for emotional distress damages may waive such a privilege, Fox v. Gates Corp., 179 F.R.D. 303, 306 (D. Colo. 1998).
Practice Pointer
In state court, endorsing a mental health provider may be interpreted as an implied waiver of the psychologist-patient privilege. E.g., Johnson v. Trujillo, 977 P.2d 152, 157 (Colo. 1999) (stating that a privilege holder would impliedly waive the privilege with respect to her psychiatric records by endorsing her psychiatrist as a witness).

§ 12.5.1—Purpose and Statutory Provision

Colorado recognizes the therapist-patient privilege, which is codified under C.R.S. § 13-90-107(1)(g). It provides that

[a] licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, an unlicensed psychotherapist, a certified addiction counselor, a psychologist candidate registered pursuant to section 12-245-304 (3), a marriage and family therapist candidate registered pursuant to section 12-245-504 (4), a licensed professional counselor candidate registered pursuant to section 12-245-604 (4), or a person described in section 12-245-217 shall not be examined without the consent of the licensee's, certificate holder's, registrant's, candidate's, or person's client as to any communication made by the client to the licensee, certificate holder, registrant, candidate, or person or the licensee's, certificate holder's, registrant's, candidate's, or person's advice given in the course of professional employment; nor shall any secretary, stenographer, or clerk employed by a licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, an unlicensed psychotherapist, a certified addiction counselor, a psychologist candidate registered pursuant to section 12-245-304 (3), a marriage and family therapist candidate registered pursuant to section 12-245-504 (4), a licensed professional counselor candidate registered pursuant to section 12-245-604 (4), or a person described in section 12-245-217 be examined without the consent

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