The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 491
CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES

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F.S. 491.0147

491.0147 Confidentiality and privileged communications.—Any communication between any person licensed or certified under this chapter and her or his patient or client is confidential.

(1) This privilege may be waived under the following conditions:

(a) When the person licensed or certified under this chapter 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.

(c) When a patient or client has communicated to the person licensed or certified under this chapter a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter 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 person licensed or certified under this chapter communicates the information to the potential victim. A disclosure of confidential communications by a person licensed or certified under this chapter when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against such person.

(2) This privilege must be waived, and the person licensed or certified under this chapter 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 such person a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter 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 disclosure of confidential communications by a person licensed or certified under this chapter when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against such person.

History.—ss. 15, 19, ch. 87-252; ss. 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 515, ch. 97-103; s. 1, ch. 2009-103; s. 6, ch. 2019-134.

F.S. 491.0147 on Google Scholar

F.S. 491.0147 on Casetext

Amendments to 491.0147

Arrestable Offenses / Crimes under Fla. Stat. 491.0147

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 491.0147.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . (2006) (providing that communications between a licensed psychologist and client are privileged); § 491.0147 . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. M. ABRIL,, 969 So. 2d 201 (Fla. 2007)

. . . to infer a private cause of action for the breach of the duty of confidentiality created by section 491.0147 . . . very special psychotherapist-patient confidential relationship recognized and created under section 491.0147 . . .

M. ABRIL v. DEPARTMENT OF CORRECTIONS,, 884 So. 2d 206 (Fla. Dist. Ct. App. 2004)

. . . The court gave particular attention to the provisions of section 491.0147, Florida Statutes (1997), which . . . specifically concluded that application of the impact rule to bar a claim for violation of section 491.0147 . . . The confidentiality provisions of section 491.0147 and section 381.004(3)(f) serve the same purpose: . . . “The only reasonable and logical injuries generally flowing from a violation” of either section 491.0147 . . . Finally, whether a claim arises under section 381.004(3)(f) or section 491.0147, the emotional injury . . .

GRACEY v. W. EAKER,, 837 So. 2d 348 (Fla. 2002)

. . . asserts that the lower courts’ determinations “do[ ] not accommodate the intent and purpose of section 491.0147 . . . Yet nothing in the express language of section 491.0147 or its legislative history comes close to expressing . . . the existence of “clear legislative intent,” majority op. at 358, the legislative history of section 491.0147 . . . Court’s jurisprudence, damages for emotional distress incurred as a result of a violation of section 491.0147 . . . general application of the “impact rule,” such does not accommodate the intent and purpose of section 491.0147 . . . very special psychotherapist-patient confidential relationship recognized and created under section 491.0147 . . . the delicate and fragile disclosures within the professional relationship when it established section 491.0147 . . . Section 491.0147, Florida Statutes (1997), discussed infra, requires psychotherapists to keep confidential . . . The respondent argues that because section 491.0147 does not explicitly authorize a cause of action, . . .

GRACEY v. W. EAKER,, 747 So. 2d 475 (Fla. Dist. Ct. App. 1999)

. . . See § 491.0147, Fla. . . . should recognize a cause of action for negligence per se based upon proof of a violation of section 491.0147 . . .

GREEN, v. ROSS,, 691 So. 2d 542 (Fla. Dist. Ct. App. 1997)

. . . leave to file an amended complaint in an effort to state a statutory cause of action under section 491.0147 . . . the second amended complaint, that he was unable to conclude that the permissive language of section 491.0147 . . . trial court’s dismissal of appellant’s attempt to allege a statutory cause of action based on section 491.0147 . . . psychiatrist’s obligations and duties relating to those communications, is similar in import to section 491.0147 . . . that might be implied from the legislative waiver of that confidentiality in sections 455.2415 and 491.0147 . . .

ACOSTA, M. D. v. RICHTER,, 671 So. 2d 149 (Fla. 1996)

. . . . § 491.0147(1), Fla.Stat. (1993) (providing for waiver of confidentiality for a mental health counselor . . . Cf. § 491.0147, Fla.Stat. (1993) (providing for a privilege of confidentiality in communications between . . . Section 491.0147 provides: Confidentiality and privileged communications.- — Any communication between . . .

TESSLER, n k a v. TESSLER,, 539 So. 2d 522 (Fla. Dist. Ct. App. 1989)

. . . privileged information in the psychologists’ testimony, even if not within the waiver provisions of section 491.0147 . . .