Marriage and Family Therapists (MFT) Law and Ethics Practice Exam

When can a therapist determine whether privilege will be waived?

1. When the client is a minor who independently consented for treatment

2. When the client has not responded to therapist inquiries about a subpoena

3. When the client is diagnosed with a severe mental disorder

4. Never

The correct answer is: Never

The concept of privilege in therapy refers to the legal right of clients to keep their communications with therapists confidential. Therapists do not have the authority to unilaterally determine when privilege will be waived. This decision is typically made by the client, who holds the privilege, except in specific circumstances established by law that may compel disclosure. Given that privilege is designed to protect client confidentiality, therapists are obligated to maintain this confidentiality until the client explicitly waives it or the law requires disclosure. In scenarios involving minors, the therapist might need to involve guardians in decision-making, but the privilege still fundamentally rests with the client. Likewise, clients' responses to subpoenas or their mental health diagnosis do not grant therapists the ability to make unilateral decisions about privilege. Only in the context laid out by statutes, such as potential harm to self or others, might privilege be broken, but that is not a discretionary call made by the therapist without client consent. Therefore, the assertion that therapists never have the authority to determine whether privilege will be waived is correct, as it is always dependent on the client's wishes or specific legal mandates.