Except at the request of or with the consent of the client, no licensed professional co un selo r, as defined in Code § 54.1-3500; licensed clinical social worker, as defined in Code § 54.1-3700; licensed psychologist, as defined in Code § 54.1-3600; or licensed marriage and family therapist, as defined in Code § 54.1-3500, may be required in giving testimony as a witness in any civil action to disclose any information communicated in a confidential manner, properly entrusted to such person in a professional capacity and necessary to enable discharge of professional or occupational services according to the usual course of his or her practice or discipline, wherein the person so communicating such information about himself or herself, or another, is seeking professional counseling or treatment and advice relating to and growing out of the information so imparted; provided, however, that when the physical or mental condition of the clie nt 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 le a rne d by, such practitioner in connection with such counseling, treatment or advice will be privileged , and disclosure may be required. The privileges conferred by this Rule do 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.
Rule 2:506.MENTAL HEALTH PROFESSIONAL AND CLIENT PRIVILEGE (derived from Code § 8.01-400.2).
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 2:506 shields licensed counselors, clinical social workers, psychologists, and marriage and family therapists from being compelled to disclose confidential client communications in civil testimony, unless the client’s condition is at issue or the court deems disclosure necessary to justice, and the privilege never covers child abuse or neglect reporting.
Full Text of Rule 2:506
Plain-English Summary
Rule 2:506 extends privilege protection to a category of mental health professionals distinct from the physicians and healing arts practitioners covered by Rule 2:505: licensed professional counselors, licensed clinical social workers, licensed psychologists, and licensed marriage and family therapists. Except at the client’s request or with the client’s consent, none of these professionals can be required, in giving testimony in a civil action, to disclose information communicated in confidence — entrusted to them in a professional capacity, necessary to their usual professional services, and shared because the client was seeking counseling, treatment, or advice connected to that information.
The privilege has the same kind of built-in exception that runs through the healing arts privilege: when the client’s physical or mental condition is itself at issue in the case, or when a court decides disclosure is necessary to the proper administration of justice, the privilege gives way and disclosure can be required.
The rule closes with a firm limit that has nothing to do with the client’s litigation posture: the privilege never extends to testimony about child abuse or neglect, and it does not relieve any of these professionals from the reporting requirements the Code of Virginia otherwise imposes on them.
Frequently Asked Questions
Which mental health professionals does Rule 2:506 cover?
Licensed professional counselors, licensed clinical social workers, licensed psychologists, and licensed marriage and family therapists, as those licenses are defined in the relevant sections of Title 54.1 of the Code of Virginia.
Can a therapist be forced to testify about what a client told them in counseling?
Generally, no, except at the client’s request or with the client’s consent. Rule 2:506 protects information communicated in confidence, entrusted to the professional in that capacity, and shared because the client was seeking counseling or treatment.
When does this privilege not apply?
When the client’s physical or mental condition is at issue in the civil action, or when a court decides disclosure is necessary to the proper administration of justice — in either situation, the communicated facts are not privileged and disclosure can be required.
Does this privilege protect information about child abuse or neglect?
No. Rule 2:506 states the privilege does not extend to testimony in matters relating to child abuse and neglect, and does not relieve any covered professional from the mandatory reporting requirements in Code section 63.2-1509.
How is this privilege different from the healing arts practitioner privilege in Rule 2:505?
Rule 2:506 covers a distinct set of licensed mental health professionals — counselors, clinical social workers, psychologists, and marriage and family therapists — rather than physicians and other healing arts practitioners, though both privileges share a similar structure, including an exception when the client’s or patient’s condition is at issue.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as: therapist patient privilege virginiacounselor confidentiality privilege virginiamental health professional privilege virginia civil casechild abuse reporting exception therapist privilege virginia