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.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
§ 8.01-386. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 8.01-387. Notice by courts and officers of signatures of judges and Governor
§ 8.01-390.1. School records as evidence
§ 8.01-390.2. Reports by Chief Medical Examiner received as evidence
§ 8.01-392. When court order book or equivalent is lost or illegible, what matters may be reentered
§ 8.01-394. How contents of any such lost record, etc., proved
§ 8.01-395. Validating certain proceedings under § 8.01-394
§ 8.01-396. No person incompetent to testify by reason of interest, or because a party
§ 8.01-396.1. Competency of witness
§ 8.01-401.2. Chiropractor, nurse practitioner, or physician assistant as expert witness
§ 8.01-401.2:1. Podiatrist as an expert witness
§ 8.01-405. Who may administer oath to witness
§ 8.01-407.1. Identity of persons communicating anonymously over the Internet
§ 8.01-408. Recognizance taken upon continuance of case
§ 8.01-410. Inmates as witnesses in civil actions
§ 8.01-412.2. Authorization of audio-visual deposition; official record; uses
§ 8.01-412.3. Notice of audio-visual deposition
§ 8.01-412.6. Promulgation of rules for standards and guidelines
§ 8.01-412.10. Issuance of subpoena
§ 8.01-412.11. Service of subpoena
§ 8.01-412.12. Deposition, production, and inspection
§ 8.01-412.13. Application to court
§ 8.01-412.14. Uniformity of application and construction; reciprocal privileges
§ 8.01-412.15. Application to pending actions
§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption
§ 8.01-414. Affidavit prima facie evidence of nonresidence
§ 8.01-415. Affidavit evidence of publication
§ 8.01-416. Affidavit re damages to motor vehicle
§ 8.01-418.2. Evidence of polygraph examination inadmissible in any proceeding
§ 8.01-419. Table of life expectancy
§ 8.01-419.1. Motor vehicle value
§ 8.01-420. Depositions as basis for motion for summary judgment or to strike evidence
§ 8.01-420.1. Abolition of common-law perpetuation of testimony
§ 8.01-420.2. Limitation on use of recorded conversations as evidence
§ 8.01-420.4. Taking of depositions
§ 8.01-420.4:1. Taking of depositions; corporate officers
§ 8.01-420.5. Estoppel effect of judicial determination of employment status
§ 8.01-420.6. Number of witnesses whose depositions may be taken
§ 8.01-420.7. Attorney-client privilege and work product protection; limitations on waiver
§ 8.01-420.8. Protection of confidential information in court files