Q: Is what I say in therapy confidential?
A: Yes — California's psychotherapist-patient privilege is among the strongest confidentiality protections in law.¹ Your therapist can't discuss you, confirm you're a client, or release records without your written authorization. The narrow exceptions, which a good therapist explains at intake: a serious threat of physical violence against a reasonably identifiable person, danger to yourself, suspected abuse of a child, elder, or dependent adult (therapists are mandated reporters), and certain court orders.²
Worked example: telling your therapist "I've had thoughts of not wanting to be alive" triggers a conversation and a safety plan — not a report. The reporting exceptions are about imminent, specific danger, not honest disclosure of dark thoughts.
One consequence worth naming, because the fear of it keeps people out of therapy. If you communicate a serious threat of physical violence against a reasonably identifiable person and your therapist reports it to law enforcement, California law attaches a five-year firearm prohibition — both halves are required, and ordinary outpatient therapy, a diagnosis and prescribed medication are not triggers.³ The whole list of what actually is → · What a 5150 hold is, and is not →
If a subpoena is in the picture. A subpoena is not a court order, and California gives you a specific window to object before your therapist may hand anything over. What to do the day one arrives → In family court the fight is usually about one exception, and it turns on whether you put your mental condition at issue. How that works →
Do this: if a worry is stopping you from saying something in session, ask first: "Before I tell you this — is it in the confidential zone?" Therapists answer that question happily.
If a therapist crossed a line, confidentiality is not what stops you from saying so — the licensing board reviews complaints from anyone, free. The process, and the deadlines →
Sources
- California Evidence Code §1014 — the psychotherapist-patient privilege — leginfo.legislature.ca.gov.
- Civil Code §43.92 — the duty to protect arises where a patient "has communicated to the psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims," and is discharged by making reasonable efforts to warn the victim and a law enforcement agency — leginfo.legislature.ca.gov. Penal Code §11164 et seq. (child abuse) and Welfare & Institutions Code §15630 et seq. (elder and dependent adult abuse) supply the mandated-reporting exceptions.
- Welfare & Institutions Code §8100(b) — a five-year firearm prohibition where such a threat is communicated to a licensed psychotherapist and the therapist reports it to law enforcement — leginfo.legislature.ca.gov.
All sections checked 17 August 2026. The mandated-reporting exception in full — who has the duty, the exact standard and deadlines, and what never triggers a report: What a mandated reporter has to report →
Not a therapist but a counsellor at a shelter or rape crisis centre? They have a separate privilege, with one exception a therapist's does not have. Is what I tell a rape crisis counsellor confidential? →
Every statute page on this site, by situation — crisis, hospital, bills, work, home, school, family. California mental health law, by situation →
Thinking of recording a session? California requires the consent of all parties, and a secret recording is inadmissible. Can I record my therapy session? →
The duty to protect, in detail: Will my therapist warn someone if I threaten them? →
Elder and dependent adult abuse: Will my therapist report elder abuse? →