491.002 Intent.—The Legislature finds that as society becomes increasingly complex, emotional survival is equal in importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of the public or those acting on their behalf to encourage needed or desired counseling, clinical and psychotherapy services, or certain other services of a psychological nature to be sought out. The Legislature further finds that, since such services assist the public primarily with emotional survival, which in turn affects physical and psychophysical survival, the practice of clinical social work, marriage and family therapy, and mental health counseling by persons not qualified to practice such professions presents a danger to public health, safety, and welfare. The Legislature finds that, to further secure the health, safety, and welfare of the public and also to encourage professional cooperation among all qualified professionals, the Legislature must assist the public in making informed choices of such services by establishing minimum qualifications for entering into and remaining in the respective professions.
Cited 140 times | Published | Supreme Court of Florida | 2002 WL 31833835
...The Florida Legislature has recognized and found that one's emotional stability and survival must be protected to the same extent as physical safety and personal security. Our representatives have declared for the people of Florida that "emotional survival is equal in importance to physical survival." § 491.002, Fla....
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
...ying the plaintiffs' motion to amend their complaint. On these issues, the judgment of the district court is AFFIRMED. However, we conclude that the Psychological Services Act, Fla.Stat. § 490.001 et seq., and the Clinical Counseling Act, Fla.Stat. § 491.002 et seq., place an unconstitutional burden on commercial speech....
...cations. The legislative concern, however, is clear from the statutes--it has found that the practice of psychology and the allied fields by unqualified persons presents a danger to "public health, safety and welfare." Fla.Stat.Ann. §§ 490.002 and 491.002....
Published | Court of Appeals for the Eleventh Circuit
...Taking Florida as an example, the state went to this trou-
ble because it concluded that “the practice of clinical social work,
marriage and family therapy, and mental health counseling by per-
sons not qualified to practice such professions presents a danger to
public health, safety, and welfare.” Fla. Stat. § 491.002.
No wonder....
choices regarding mental health services. See § 491.002, Fla.Stat. (“intent” section of chapter 491).
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