(3)(a) “Doctoral degree from an American Psychological Association accredited program” means a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated:
1. Had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with Universities Canada; and
2. Had programmatic accreditation from the American Psychological Association.
(b) “Doctoral degree in psychology” means a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from a psychology program at an educational institution that, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with Universities Canada.
(4) “Practice of psychology” means the observations, description, evaluation, interpretation, and modification of human behavior, by the use of scientific and applied psychological principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral health and mental or psychological health. The ethical practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning, including evaluation of mental competency to manage one’s affairs and to participate in legal proceedings; counseling, psychoanalysis, all forms of psychotherapy, sex therapy, hypnosis, biofeedback, and behavioral analysis and therapy; psychoeducational evaluation, therapy, remediation, and consultation; and use of psychological methods to diagnose and treat mental, nervous, psychological, marital, or emotional disorders, illness, or disability, alcoholism and substance abuse, and disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment.
(a) Psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service.
(b) The use of specific modalities within the practice of psychology is restricted to psychologists appropriately trained in the use of such modalities.
(c) The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is requested or received for services rendered.
(5) “Practice of school psychology” means the rendering or offering to render to an individual, a group, an organization, a government agency, or the public any of the following services:
(a) Assessment, which includes psychoeducational, developmental, and vocational assessment; evaluation and interpretation of intelligence, aptitudes, interests, academic achievement, adjustment, and motivations, or any other attributes, in individuals or groups, that relate to learning, educational, or adjustment needs.
(b) Counseling, which includes short-term situation-oriented professional interaction with children, parents, or other adults for amelioration or prevention of learning and adjustment problems. Counseling services relative to the practice of school psychology include verbal interaction, interviewing, behavior techniques, developmental and vocational intervention, environmental management, and group processes.
(c) Consultation, which includes psychoeducational, developmental, and vocational assistance or direct educational services to schools, agencies, organizations, families, or individuals related to learning problems and adjustments to those problems.
(d) Development of programs, which includes designing, implementing, or evaluating educationally and psychologically sound learning environments; acting as a catalyst for teacher involvement in adaptations and innovations; and facilitating the psychoeducational development of individual families or groups.
(6) “Provisional psychologist licensee” means a person provisionally licensed under this chapter to provide psychological services under supervision.
(7) “Psychologist” means a person licensed pursuant to s. 490.005(1), s. 490.006, or the provision identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida.
(8) “School psychologist” means a person licensed pursuant to s. 490.005(2), s. 490.006, or the provision identified as s. 490.013(1) in s. 1, chapter 81-235, Laws of Florida.
Cited 55 times | Published | Court of Appeals for the Eleventh Circuit | 21 Fed. R. Serv. 3d 1021, 1992 U.S. App. LEXIS 14, 1992 WL 8
...33 The defendants contend that any commercial speech describing the plaintiffs as psychologists would be false and therefore unprotected by the first amendment since the statute defines a psychologist as someone who is licensed by the state to be a psychologist. Fla.Stat. § 490.003(3)....
...sleading, the majority reasons that the plaintiffs "are in fact psychologists and are permitted to practice that profession under current state law." The Florida statutes define the term "psychologist" to mean one licensed as such, see Fla.Stat.Ann. § 490.003, and fix minimum qualifications for persons seeking licensure....
...principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral health and mental or psychological health Fla.Stat. § 490.003(4)....
Cited 12 times | Published | Supreme Court of Florida | 2003 WL 21290887
...4th DCA 2000) (holding that psychologists are not precluded from testifying as to the cause of brain injury, based in part upon the district court's acknowledgment that, after DeSerio, the Florida Legislature had broadly defined the practice of psychology in section 490.003(4), Florida Statutes (1997))....
...ct perpetuated its change in the Florida legal evidentiary standard affecting a neuropsychologist's competency to testify concerning the nonpsychological cause of organic brain injury. The district court deemed the departure warranted by a change in section 490.003(4), Florida Statutes: Plaintiffs' expert neuropsychologist, who testified that the injury was caused by oxygen deprivation at birth, was not permitted to give his opinion as to why the injury had not occurred weeks prior to the birth, as contended by defendants....
...f brain injury. Broward County School Bd. v. ex rel. Cruz, 761 So.2d 388 (Fla. 4th DCA) rev. granted, No. SC00-1550, 779 So.2d 270 (Fla.2000) (recognizing that the Florida Legislature had, after DeSerio, broadly defined the practice of psychology in section 490.003(4), Florida Statutes (1997), and that the decision in DeSerio was contrary to the current weight of authority)....
...However, neither the wording of the statute itself [1] nor its legislative history [2] supports the proposition that a neuropsychologist is competent to testify regarding medical causes of organic brain damage. Indeed, the "practice of psychology" is defined in section 490.003(4) to include only the diagnosis and treatment of " the psychological aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment." (Emphasis sup...
...Crown's opinion as to how Jacob's brain damage occurred and why it was more likely that Jacob's brain damage occurred at birth rather than during an earlier stage of fetal development, as the defense contended. Accordingly, although I agree with the majority's rejection of section 490.003(4), Florida Statutes, as support for the proposition that a neuropsychologist can testify to causation, I cannot agree with either the majority's categorical rule that a neuropsychologist *1011 can never testify as to the cause of bra...
...Schneck, a neurologist, and Dr. Gatewood, an obstetrician. The defendants had one expert, Dr. Vannuci, a neurologist. I dissent from reversing the trial judge. I would affirm the final judgment. CANTERO, J., and SHAW, Senior Justice, concur. NOTES [1] Section 490.003(4), Florida Statutes (1997) (defining the practice of psychology), provides: (4) "Practice of psychology" means the observations, description, evaluation, interpretation, and modification of human behavior, by the use of scientific an...
Cited 10 times | Published | Supreme Court of Florida | 1999 WL 742293
...Fleming is an Ed.D., or doctor of education in psychology, not a Ph.D. in clinical psychology.] Accordingly, she was accepted as an expert in mental health, but not as an expert in clinical psychology. It appears the circuit court based its decision on the fact that Dr. Fleming had an Ed.D. and not a Ph.D. However, section 490.003, Florida Statutes (1997), states in relevant part: DefinitionsAs used in this chapter: ....
...A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had programmatic accreditation from an accrediting agency recognized and approved by the United States Department of Education or was comparable to such programs. (Emphasis added.) [3] Thus, according to section 490.003, a "doctoral degree in psychology" includes an Ed.D. as well as a Ph.D. Further, section 394.455(2), Florida Statutes (1997), defines "clinical psychologist" as "a psychologist as defined in s. 490.003(7) with 3 years of postdoctoral experience in the practice of clinical psychology, inclusive of the experience required for licensure, or a psychologist employed by a facility operated by the United States Department of Veterans Affairs th...
...Ehrhardt, Florida Evidence § 702.1, at 555 (1999 ed.). However, the circuit court's conclusion that Dr. Fleming was not an expert in clinical psychology goes to her qualifications. It appears that the circuit court either was not aware of or did not consider section 490.003 and section 394.455 when it concluded that Dr....
...Fleming as an expert, the majority is wrong as to what the record indicates Judge Bentley concluded; and, in actuality, any error is necessarily harmless. Judge Bentley found only that Dr. Fleming was not a clinical psychologist. I am at a loss as to why the majority cites to section 490.003, Florida Statutes....
Cited 7 times | Published | Florida 4th District Court of Appeal | 2000 WL 525999
...n its definition of the "practice of psychology" the diagnosis and treatment of "the psychological aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment." § 490.003(4), Fla....
Cited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 245998
...of brain injury. Broward County School Bd. v. ex rel. Cruz, 761 So.2d 388 (Fla. 4th DCA) rev. granted, No. SC00-1550, 779 So.2d 270 (Fla.2000)(recognizing that the Florida Legislature had, after DeSerio, broadly defined the practice of psychology in section 490.003(4), Florida Statutes (1997), and that the decision in DeSerio was contrary to the current weight of authority)....
Cited 6 times | Published | Florida 1st District Court of Appeal | 1993 WL 40431
...On March 5, 1990, the fifth day of trial, Staton revoked his waiver of counsel and Weinbaum represented him thereafter. [5] A "psychologist" is defined in chapter 490 as a person with certain doctoral-level training who is licensed by examination or endorsement. § 490.003(3), Fla....
...a
psychologist . . . who, upon applying to the department . . . ,
demonstrates . . . to the [B]oard [of Psychology] that the applicant:
....
(c) Possesses a doctoral degree in psychology as described
in s. 490.003 and has at least 20 years of experience as a licensed
psychologist in any jurisdiction or territory of the United States within
25 years preceding the date of application.
Section 490.003(3)(b), Florida Statutes (2014), provides in relevant part that a
“doctoral degree in psychology” means “a Psy.D., an Ed.D....
...in psychology” from an accredited educational institution with a psychology
program that, “at the time the applicant was enrolled and graduated, had
programmatic accreditation from an agency recognized and approved by the
United States Department of Education.” § 490.003(3)(b)2. (emphasis added). To
meet the programmatic accreditation requirement of section 490.003(3)(b)2., the
psychology program must be accredited by the American Psychological
Association (“APA”).
Dr....
...At that time, the psychology program at Carlos
Albizu University was not accredited by the APA.1 Based on the lack of
“programmatic accreditation,” the Board concluded that Dr. Prevor’s degree did
not meet the educational requirements of section 490.003(3), and therefore, it
denied her application. We find no error in the Board’s interpretation of sections
490.006(1)(c) and 490.003(3)(b).
Dr....
...of experience as a licensed psychologist in Puerto Rico within the preceding
twenty-five years.
3
however, correctly submits that it mistakenly did so because there is no provision
in section 490.006(1)(c) or 490.003(3)(b) that provides that an applicant seeking
licensure by endorsement under section 490.006(1)(c) can establish the educational
requirements through a comparability study....
Published | Florida 1st District Court of Appeal | 1997 WL 783111
...ng appellant's application for licensure as a psychologist. We affirm the order, with modifications. The issue presented below was whether appellant received a "doctoral-level psychological education" within the meaning of sections 490.005(b)(1) and 490.003(7), Florida Statutes (1995)....
...The issues on appeal are therefore best addressed by determining whether, in the context of the factual findings of the ALJ which were supported by competent substantial evidence, the Board properly construed and applied sections 490.005(b)(1) and 490.003(7), and the rules implementing them....
...The Union Institute's doctoral program in psychology has never been accredited by the APA. STATUTES AND RULES The 1995 version of section 490.005(1)(b) requires proof that the applicant "[r]eceived doctoral-level psychological education, as defined in s. 490.003(7)." The applicable subsection of 490.003(7) defines "doctoral-level psychological education" as a Psy.D., an Ed.D....
...A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had programmatic accreditation from an accrediting agency recognized and approved by the United States Department of Education or was comparable to such programs. § 490.003(7)(a), Florida Statutes (1997) (emphasis supplied)....
...y program accredited by the American Psychological Association." ANALYSIS We construe these statutes and rules as requiring the applicant to prove: 1) possession of a doctoral degree in psychology, limited to the three specific degrees designated in section 490.003(7)(a); 2) that the *1075 institution from which the degree was obtained was properly accredited throughout the applicant's course of doctoral study at the institution, as well as at the time the applicant graduated from the institutio...
...degree, one part of which was in psychology from The Union Institute." Based on the testimony of this expert witness, the ALJ found in his recommended order that appellant "was awarded a Ph.D. in psychology from Union Institute within the meaning of Section 490.003(7), Florida Statutes (1995)." An almost identical statement is also included in the ALJ's conclusions of law....
...that appellant's doctoral degree was a Ph.D. in electrical engineering and applied behavioral science, the expert witness testimony upon which the ALJ relied does not support his finding that appellant received a "Ph.D. in psychology" as required by section 490.003(7)(a). The ALJ construed "at the time the applicant was enrolled and graduated" in section 490.003(7)(a)1....
...when" the applicant was enrolled, as well as at the time he graduated. The ALJ found that appellant met this requirement because The Union Institute was accredited during the last year of his doctoral program. In its final order, the Board construed section 490.003(7)(a)1....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
