Which of the following does not represent a legal exception to the psychotherapist-patient privilege?

• A. A psychotherapist appointed to evaluate a defendant at the request of the defendant's attorney
• B. A psychotherapist appointed by the Board of Prison Terms to evaluate an inmate
• C. A psychotherapist asked by a relative of a patient to evaluate the patient
• D. A patient suing their psychotherapist for malpractice

Answer: (A)

In the context of psychotherapist-patient privilege, the key is understanding the conditions under which confidentiality may not apply. Psychotherapist-patient privilege is designed to safeguard the confidentiality of communications between a therapist and their patient. However, there are legal exceptions where this privilege does not hold.

The correct choice indicates a situation where privilege is maintained: a psychotherapist appointed to evaluate a defendant at the request of the defendant's attorney. In this case, although the therapist is involved in the legal process, the evaluation is specifically for the purpose of understanding the defendant's mental state, not for a therapeutic relationship. The defendant's attorney has requested this evaluation, which does not compromise the patient's right to confidentiality in the same way that other scenarios may, allowing the psychotherapist to maintain privilege during the assessment.

In contrast, the other options represent scenarios that typically do not adhere to the same level of confidentiality. For instance, an evaluation by a psychotherapist appointed by the Board of Prison Terms to evaluate an inmate usually serves a legal or administrative purpose, which diminishes the privilege. Similarly, a psychotherapist being asked by a family member to evaluate a patient does not directly involve the patient’s consent, and hence can jeopardize the privilege. Finally, when a patient sues