The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 490
PSYCHOLOGICAL SERVICES

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F.S. 490.0147

490.0147 Confidentiality and privileged communications.—

(1) Any communication between a psychologist and her or his patient or client is confidential. This privilege may be waived under the following conditions:

(a) When the psychologist is a party defendant to a civil, criminal, or disciplinary action arising from a complaint filed by the patient or client, in which case the waiver shall be limited to that action;

(b) When the patient or client agrees to the waiver, in writing, or when more than one person in a family is receiving therapy, when each family member agrees to the waiver, in writing; or

(c) When a patient or client has communicated to the psychologist a specific threat to cause serious bodily injury or death to an identified or readily available person, and the psychologist makes a clinical judgment that the patient or client has the apparent intent and ability to imminently or immediately carry out such threat, and the psychologist communicates the information to the potential victim. A disclosure of confidential communications by a psychologist when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against the psychologist.

(2) Such privilege must be waived, and the psychologist shall disclose patient or client communications to the extent necessary to communicate the threat to a law enforcement agency, if a patient or client has communicated to the psychologist a specific threat to cause serious bodily injury or death to an identified or readily available person, and the psychologist makes a clinical judgment that the patient or client has the apparent intent and ability to imminently or immediately carry out such threat. A law enforcement agency that receives notification of a specific threat under this subsection must take appropriate action to prevent the risk of harm, including, but not limited to, notifying the intended victim of such threat or initiating a risk protection order. A psychologist’s disclosure of confidential communications when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against the psychologist.

History.—ss. 13, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 508, ch. 97-103; s. 5, ch. 2019-134.

F.S. 490.0147 on Google Scholar

F.S. 490.0147 on Casetext

Amendments to 490.0147

Arrestable Offenses / Crimes under Fla. Stat. 490.0147

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 490.0147.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ESTAPE, v. B. SEIDMAN Ph. D. B. Ph. D, P. A. a, 269 So. 3d 565 (Fla. App. Ct. 2019)

. . . Section 490.0147, Florida Statutes (2012), provides that communications between a psychotherapist and . . . immunity to a psychotherapist for revealing communications regarding a patient contrary to section 490.0147 . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . Stat. (2006) (providing that communications between an accountant and client are privileged); § 490.0147 . . .

KASDAGLIS, v. DEPARTMENT OF HEALTH OF STATE, 827 So. 2d 328 (Fla. Dist. Ct. App. 2002)

. . . Section 490.0147(3) provides: “Any communication between any person licensed under this chapter and her . . . [e.s.] § 490.0147(3), Fla. Stat. (2001). . . . The term “appropriate family member” is not defined in section 490.0147, so we turn to other statutory . . . any conclusion that the father was not an “appropriate family member” within the meaning of section 490.0147 . . . DOH’s assertion that the Licensee violated section 490.0147 by telling the natural father that his minor . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . one could argue that under the circumstances in O’Keefe the privilege is waived pursuant to section 490.0147 . . .