{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-400.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-400.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-400.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-400.2.html"}],"law_id":74220,"edition_id":1,"section_id":74220,"structure_id":13957,"section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","history":"1982, c. 537; 2005, c. 110.","full_text":"Except at the request of or with the consent of the client, no licensed professional counselor, as defined in \u00a7 54.1-3500; licensed clinical social worker, as defined in \u00a7 54.1-3700; licensed psychologist, as defined in \u00a7 54.1-3600; or licensed marriage and family therapist, as defined in \u00a7 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 \u00a7 63.2-1509.","order_by":null,"text":{"0":{"id":266877,"text":"Except at the request of or with the consent of the client, no licensed professional counselor, as defined in \u00a7 54.1-3500; licensed clinical social worker, as defined in \u00a7 54.1-3700; licensed psychologist, as defined in \u00a7 54.1-3600; or licensed marriage and family therapist, as defined in \u00a7 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 \u00a7 63.2-1509.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13957,"edition_id":1,"name":"Witnesses Generally","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:46:25","date_modified":"2026-06-26 03:46:25","permalink":{"id":277427,"object_type":"structure","relational_id":13957,"identifier":"4","token":"8.01\/14\/4","url":"\/8.01\/14\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74141,"structure_id":13957,"section_number":"8.01-396","catch_line":"No person incompetent to testify by reason of interest, or because a party","url":"\/8.01-396\/","token":"8.01\/14\/4\/8.01-396","metadata":false},{"id":86691,"structure_id":13957,"section_number":"8.01-396.1","catch_line":"Competency of witness","url":"\/8.01-396.1\/","token":"8.01\/14\/4\/8.01-396.1","metadata":false},{"id":69399,"structure_id":13957,"section_number":"8.01-396.2","catch_line":"Minor witness; appointment of guardian ad litem","url":"\/8.01-396.2\/","token":"8.01\/14\/4\/8.01-396.2","metadata":false},{"id":84174,"structure_id":13957,"section_number":"8.01-397","catch_line":"Corroboration required and evidence receivable when one party incapable of testifying (subdivision (b)(5) of Supreme Court Rule 2:804 derived from this section)","url":"\/8.01-397\/","token":"8.01\/14\/4\/8.01-397","metadata":false},{"id":55017,"structure_id":13957,"section_number":"8.01-397.1","catch_line":"Evidence of habit or routine practice; defined (Supreme Court Rule 2:406 derived from this section)","url":"\/8.01-397.1\/","token":"8.01\/14\/4\/8.01-397.1","metadata":false},{"id":85559,"structure_id":13957,"section_number":"8.01-398","catch_line":"Privileged marital communications (Subsection (a) of Supreme Court Rule 2:504 derived from this section)","url":"\/8.01-398\/","token":"8.01\/14\/4\/8.01-398","metadata":false},{"id":82405,"structure_id":13957,"section_number":"8.01-399","catch_line":"Communications between physicians and patients (Supreme Court Rule 2:505 derived from this section)","url":"\/8.01-399\/","token":"8.01\/14\/4\/8.01-399","metadata":false},{"id":61689,"structure_id":13957,"section_number":"8.01-400","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/8.01-400\/","token":"8.01\/14\/4\/8.01-400","metadata":false},{"id":62595,"structure_id":13957,"section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1","metadata":false},{"id":74220,"structure_id":13957,"section_number":"8.01-400.2","catch_line":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2","metadata":false},{"id":85143,"structure_id":13957,"section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","metadata":false},{"id":64009,"structure_id":13957,"section_number":"8.01-401.1","catch_line":"Opinion testimony by experts; hearsay exception (subsection (a) of Supreme Court Rule 2:703, subsection (a) of Supreme Court Rule 2:705, and subsection (a) of Supreme Court Rule 2:706 derived from this section)","url":"\/8.01-401.1\/","token":"8.01\/14\/4\/8.01-401.1","metadata":false},{"id":62896,"structure_id":13957,"section_number":"8.01-401.2","catch_line":"Chiropractor, physician assistant, advanced practice registered nurse, or optometrist as expert witness","url":"\/8.01-401.2\/","token":"8.01\/14\/4\/8.01-401.2","metadata":false},{"id":59359,"structure_id":13957,"section_number":"8.01-401.2:1","catch_line":"Podiatrist as an expert witness","url":"\/8.01-401.2_1\/","token":"8.01\/14\/4\/8.01-401.2_1","metadata":false},{"id":56378,"structure_id":13957,"section_number":"8.01-401.3","catch_line":"Opinion testimony and conclusions as to facts critical to civil case resolution (Supreme Court Rule 2:701 derived from subsection B of this section, subdivision (a)(i) of Supreme Court Rule 2:702 derived from subsection A of this section, and subsection (a) of Supreme Court Rule 2:704 derived from subsections B and C of this section)","url":"\/8.01-401.3\/","token":"8.01\/14\/4\/8.01-401.3","metadata":false},{"id":55390,"structure_id":13957,"section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","url":"\/8.01-402\/","token":"8.01\/14\/4\/8.01-402","metadata":false},{"id":74616,"structure_id":13957,"section_number":"8.01-403","catch_line":"Witness proving adverse; contradiction; prior inconsistent statement (Subsection (c) of Supreme Court Rule 2:607 and subdivision (a)(i) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-403\/","token":"8.01\/14\/4\/8.01-403","metadata":false},{"id":72125,"structure_id":13957,"section_number":"8.01-404","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section and subdivision (b)(ii) of Supreme Court Rule 2:613 derived from this section)","url":"\/8.01-404\/","token":"8.01\/14\/4\/8.01-404","metadata":false},{"id":60442,"structure_id":13957,"section_number":"8.01-405","catch_line":"Who may administer oath to witness","url":"\/8.01-405\/","token":"8.01\/14\/4\/8.01-405","metadata":false},{"id":83241,"structure_id":13957,"section_number":"8.01-406","catch_line":"Interpreters; recording testimony of deaf witness (Supreme Court Rule 2:604 derived from this section)","url":"\/8.01-406\/","token":"8.01\/14\/4\/8.01-406","metadata":false}],"previous_section":{"id":62595,"structure_id":13957,"section_number":"8.01-400.1","catch_line":"Privileged communications by interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)","url":"\/8.01-400.1\/","token":"8.01\/14\/4\/8.01-400.1","metadata":false},"next_section":{"id":85143,"structure_id":13957,"section_number":"8.01-401","catch_line":"How adverse party may be examined; effect of refusal to testify (subsection (b) of Supreme Court Rule 2:607 and subsection (c) of Supreme Court Rule 2:611 derived from subsection A of this section)","url":"\/8.01-401\/","token":"8.01\/14\/4\/8.01-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-400.2\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 537 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2005, chapter 110<\/a>.<\/p>","references":[{"id":72275,"section_number":"16.1-245.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records in juvenile and domestic relations district court; custody, visitation, placement, and support cases","order_by":null,"url":"\/16.1-245.2\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"refers_to":[{"id":54880,"section_number":"54.1-3500","catch_line":"Definitions","order_by":null,"url":"\/54.1-3500\/"},{"id":79319,"section_number":"54.1-3600","catch_line":"Definitions","order_by":null,"url":"\/54.1-3600\/"},{"id":68354,"section_number":"54.1-3700","catch_line":"Definitions","order_by":null,"url":"\/54.1-3700\/"},{"id":86098,"section_number":"63.2-1509","catch_line":"Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report","order_by":null,"url":"\/63.2-1509\/"}],"permalink":{"id":277465,"object_type":"law","relational_id":74220,"identifier":"8.01-400.2","token":"8.01\/14\/4\/8.01-400.2","url":"\/8.01-400.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-400.2\/","token":"8.01\/14\/4\/8.01-400.2","dublin_core":{"Title":"Communications between certain mental health professionals and clients (Supreme Court Rule 2:506 derived from this section)","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-400.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Except at the request of or with the consent of the client, no licensed professional counselor, as defined in \u00a7 54.1-3500<\/a>; licensed clinical social worker, as defined in \u00a7 54.1-3700<\/a>; licensed psychologist, as defined in \u00a7 54.1-3600<\/a>; or licensed marriage and family therapist, as defined in \u00a7 54.1-3500<\/a>, shall be required in giving testimony<\/span> as a witness<\/span> in any civil action<\/span> 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<\/span> 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<\/span> in such action, or when a court<\/span>, in the exercise of sound discretion, deems such disclosure necessary to the proper administration of justice, no fact<\/span> 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<\/span> conferred by this section shall not extend to testimony<\/span> in matters relating to child abuse and neglect nor serve to relieve any person<\/span> from the reporting requirements set forth in \u00a7 63.2-1509<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMUNICATIONS BETWEEN CERTAIN MENTAL HEALTH PROFESSIONALS AND CLIENTS (SUPREME\nCOURT RULE 2:506 DERIVED FROM THIS SECTION) (\u00a7 8.01-400.2)\n\nExcept at the request of or with the consent of the client, no licensed\nprofessional counselor, as defined in \u00a7 54.1-3500; licensed clinical social\nworker, as defined in \u00a7 54.1-3700; licensed psychologist, as defined in \u00a7\n54.1-3600; or licensed marriage and family therapist, as defined in \u00a7\n54.1-3500, shall be required in giving testimony as a witness in any civil\naction to disclose any information communicated to him in a confidential manner,\nproperly entrusted to him in his professional capacity and necessary to enable\nhim to discharge his professional or occupational services according to the\nusual course of his practice or discipline, wherein such person so communicating\nsuch information about himself or another is seeking professional counseling or\ntreatment and advice relative to and growing out of the information so imparted;\nprovided, however, that when the physical or mental condition of the client is\nat issue in such action, or when a court, in the exercise of sound discretion,\ndeems such disclosure necessary to the proper administration of justice, no fact\ncommunicated to, or otherwise learned by, such practitioner in connection with\nsuch counseling, treatment or advice shall be privileged, and disclosure may be\nrequired. The privileges conferred by this section shall not extend to testimony\nin matters relating to child abuse and neglect nor serve to relieve any person\nfrom the reporting requirements set forth in \u00a7 63.2-1509.\n\nHISTORY: 1982, c. 537; 2005, c. 110.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}