Florida Statute 490.003 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 490
PSYCHOLOGICAL SERVICES

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F.S. 490.003

490.003 Definitions.—As used in this chapter:

(1) “Board” means the Board of Psychology.

(2) “Department” means the Department of Health.

(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.

History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 2, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 2, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 190, ch. 94-218; s. 3, ch. 95-279; s. 2, ch. 97-198; s. 194, ch. 97-264; s. 40, ch. 2020-133; s. 19, ch. 2022-71.

F.S. 490.003 on Google Scholar

F.S. 490.003 on Casetext

Amendments to 490.003

Arrestable Offenses / Crimes under Fla. Stat. 490.003

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 490.003.

Annotations, Discussions, Cases:

Cases Citing Statute 490.003

Total Results: 20

Middleton v. Hager

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 179 So. 3d 529, 2015 Fla. App. LEXIS 17810, 2015 WL 7566539

Snippet: See generally, Fla. R. Civ. P. 1.490. 3 . The Memorial West hospital records

Prevor v. Department of Health, Board of Psychology

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

Citation: 201 So. 3d 97, 2015 Fla. App. LEXIS 13469

Snippet: doctoral degree in psychology as described in s. 490,003 and has- at least. 20 years of experience as a …preceding the date of application. Section 490.003(3)(b), Florida Statutes (2014), provides in relevant… the United States Department of Education.” § 490.003(3)(b)2. (emphasis added). To meet the programmatic…programmatic accreditation requirement of section 490.003(3)(b)2„ the psychology program must be accredited by…not meet the educational requirements of section 490.003(3), and therefore, it denied her application. We

Hernandez v. State

Court: Fla. | Date Filed: 2010-12-09T00:00:00-08:00

Citation: 56 So. 3d 752, 35 Fla. L. Weekly Supp. 714, 2010 Fla. LEXIS 2083, 2010 WL 4977481

Snippet: slightly less than an ounce of cocaine.” Id. at 490.3 Second, the district court noted that Rodriguez

State v. Young

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-14T00:00:00-07:00

Citation: 932 So. 2d 1278, 2006 Fla. App. LEXIS 11810, 2006 WL 1933415

Snippet: Sawaya, C.J., concurring) (citing Fla. R.Crim. P. 3.490, 3.510(b)). “A jury pardon, however, is essentially

Grenitz v. Tomlian

Court: Fla. | Date Filed: 2003-06-05T00:53:00-07:00

Citation: 858 So. 2d 999

Snippet: defined the practice of psychology in section 490.003(4), Florida Statutes (1997)). The district court…the departure warranted by a change in section 490.003(4), Florida Statutes: Plaintiffs' expert neuropsychologist… defined the practice of psychology in section 490.003(4), Florida Statutes (1997), and that the decision…practice of psychology" is defined in section 490.003(4) to include only the diagnosis and treatment … with the majority's rejection of section 490.003(4), Florida Statutes, as support for the proposition

Higgs v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-12-11T23:53:00-08:00

Citation: 801 So. 2d 269

Snippet: this change was a modification of our rules 3.490 and 3.510 of criminal procedure. Before 1981, these

Tomlian Ex Rel. Tomlian v. Grenitz

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-13T23:53:00-08:00

Citation: 782 So. 2d 905

Snippet: defined the practice of psychology in section 490.003(4), Florida Statutes (1997), and that the decision

Broward County School Bd. v. Cruz Ex Rel. Cruz

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-03T00:53:00-07:00

Citation: 761 So. 2d 388

Snippet: diagnosis, prognosis, etiology, and treatment." § 490.003(4), Fla. Stat. (1997)(emphasis added). Thus, because

Provenzano v. State

Court: Fla. | Date Filed: 1999-09-23T00:00:00-07:00

Citation: 750 So. 2d 597

Snippet: had an Ed.D. and not a Ph.D. However, section 490.003, Florida Statutes (1997), states in relevant part…Emphasis added.)[3] Thus, according to section 490.003, a "doctoral degree in psychology" includes…quot; as "a psychologist as defined in s. 490.003(7) with 3 years of postdoctoral experience in the…either was not aware of or did not consider section 490.003 and section 394.455 when it concluded that Dr. …a loss as to why the majority cites to section 490.003, Florida Statutes. Judge Bentley stated in his

Gregg v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-12-18T00:00:00-08:00

Citation: 724 So. 2d 158, 1998 Fla. App. LEXIS 15962, 1998 WL 879089

Snippet: should have been denied. See Fla. R.Crim. P. 3.490, 3.510. The Florida Supreme Court has divided lesser

Grier v. STATE, AGENCY FOR HEALTH CARE

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-22T23:53:00-08:00

Citation: 704 So. 2d 1072

Snippet: education, as defined in s. 490.003(7)." The applicable subsection of 490.003(7) defines "doctoral-level…within the meaning of sections 490.005(b)(1) and 490.003(7), Florida Statutes (1995). The ALJ concluded …construed and applied sections 490.005(b)(1) and 490.003(7), and the rules implementing them.[1] After carefully…Education or was comparable to such programs. § 490.003(7)(a), Florida Statutes (1997) (emphasis supplied…the three specific degrees designated in section 490.003(7)(a); 2) that the *1075 institution from which

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-09T23:53:00-08:00

Citation: 666 So. 2d 960

Snippet: purpose of the 1981 amendments to Fla.R.Crim.P. 3.490 and 3.510, but we nonetheless feel compelled to follow

Nurse v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-07-05T00:53:00-07:00

Citation: 658 So. 2d 1074

Snippet: is evidence to support it. See Fla.R.Crim.P. 3.490, 3.510. [13] The Rule was editorially amended in

Thompson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-18T23:53:00-08:00

Citation: 615 So. 2d 737

Snippet: who is licensed by examination or endorsement. § 490.003(3), Fla. Stat. (1989). [6] Thompson argues that

Simmons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-23T00:00:00-07:00

Citation: 580 So. 2d 295, 1991 Fla. App. LEXIS 4748, 1991 WL 83641

Snippet: crime. See Florida Rules of Criminal Procedure 3.490 and 3.510. For a consideration of how these factors

General Accident Insurance Co. of America v. Southern Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-06-21T00:00:00-07:00

Citation: 563 So. 2d 186, 1990 Fla. App. LEXIS 4459, 1990 WL 83618

Snippet: coverage would be exhausted before reaching the $490,0003 balance of Southern’s policy. General’s appeal

Sulman v. Sulman

Court: Fla. Dist. Ct. App. | Date Filed: 1987-07-15T00:53:00-07:00

Citation: 510 So. 2d 908

Snippet: welfare of the public." Sections 490.002, 490.003, and 490.005, Florida Statutes (1986). Recognition

Florida Bar Re Standard Jury Instructions—Criminal

Court: Fla. | Date Filed: 1987-05-28T00:00:00-07:00

Citation: 508 So. 2d 1221, 12 Fla. L. Weekly 259, 1987 Fla. LEXIS 1921

Snippet: offenses and Florida Rules of Criminal Procedure 3.490 and 3.510 to conform them to section 775.021(4). For

Wilcott v. State

Court: Fla. | Date Filed: 1987-05-21T00:53:00-07:00

Citation: 509 So. 2d 261

Snippet: offenses (categories one and two) and rules 3.490 and 3.510(b) be brought into consonance with section

State v. Wimberly

Court: Fla. | Date Filed: 1986-12-10T23:53:00-08:00

Citation: 498 So. 2d 929

Snippet: this change was a modification of our rules 3.490 and 3.510 of criminal procedure. Before 1981, these