Florida Statutes

Fla. Stat. § 490.003 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1992–2024 · leading case: Grenitz v. Tomlian, 858 So. 2d 999 (Fla. 2003).

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Grenitz v. Tomlian, 858 So. 2d 999 (Fla. 2003). · cites it 11× “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),…”

Provenzano v. State, 750 So. 2d 597 (Fla. 1999). · cites it 6× “However, section 490.003, Florida Statutes (1997), states in relevant part: DefinitionsAs used in this chapter: .”

Judith Abramson, Donald Airey v. Larry Gonzalez, as Sec'y of the Florida Dep't of Prof'l Reg., 949 F.2d 1567 (11th Cir. 1992). · cites it 2× “Fla.Stat. § 490.003(3). The defendant state officials argue that allowing the plaintiffs to hold themselves out as psychologists would mislead the public into thinking that these persons were necessarily competent and qualified, when in fact they hold degrees from schools or…”

Tomlian Ex Rel. Tomlian v. Grenitz, 782 So. 2d 905 (Fla. 4th DCA 2001). · cites it 2× “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).”

Grier v. State, Agency for Health Care, 704 So. 2d 1072 (Fla. 1st DCA 1997). · cites it 7× “in psychology from Union Institute within the meaning of Section 490.003(7), Florida Statutes (1995).”

Thompson v. State, 615 So. 2d 737 (Fla. 1st DCA 1993). · cites it 2× “§ 490.003(3), Fla. Stat. (1989). [6] Thompson argues that a new provision of section 90.”

Broward Cnty. Sch. Bd. v. Cruz Ex Rel. Cruz, 761 So. 2d 388 (Fla. 4th DCA 2000). · cites it 2× “" § 490.003(4), Fla. Stat. (1997)(emphasis added).”

Prevor v. Dep't of Health, Bd. of Psychology, 201 So. 3d 97 (Fla. 3d DCA 2015). · cites it 5× “Prevor’s degree did not meet the educational requirements of section 490.003(3), and therefore, it denied her application.”

Parnes v. Orange Cnty. Sch. Bd. (M.D. Fla. 2024). “at 9 12 (citing §§ 490.003(7), 490.003(8), 490.005, 490.006, 490.”

— 490.003(3) — 3 cases

Judith Abramson, Donald Airey v. Larry Gonzalez, as Sec'y of the Florida Dep't of Prof'l Reg., 949 F.2d 1567 (11th Cir. 1992). “Fla.Stat. § 490.003(3). The defendant state officials argue that allowing the plaintiffs to hold themselves out as psychologists would mislead the public into thinking that these persons were necessarily competent and qualified, when in fact they hold degrees from schools or…”

Thompson v. State, 615 So. 2d 737 (Fla. 1st DCA 1993). “§ 490.003(3), Fla. Stat. (1989). [6] Thompson argues that a new provision of section 90.”

Prevor v. Dep't of Health, Bd. of Psychology, 201 So. 3d 97 (Fla. 3d DCA 2015). “Prevor’s degree did not meet the educational requirements of section 490.003(3), and therefore, it denied her application.”

— 490.003(3)(b) — 1 case

— 490.003(4) — 4 cases

Grenitz v. Tomlian, 858 So. 2d 999 (Fla. 2003). “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),…”

Tomlian Ex Rel. Tomlian v. Grenitz, 782 So. 2d 905 (Fla. 4th DCA 2001). “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).”

Broward Cnty. Sch. Bd. v. Cruz Ex Rel. Cruz, 761 So. 2d 388 (Fla. 4th DCA 2000). “" § 490.003(4), Fla. Stat. (1997)(emphasis added).”

— 490.003(7) — 2 cases

Grier v. State, Agency for Health Care, 704 So. 2d 1072 (Fla. 1st DCA 1997). “in psychology from Union Institute within the meaning of Section 490.003(7), Florida Statutes (1995).”

Parnes v. Orange Cnty. Sch. Bd. (M.D. Fla. 2024). “at 9 12 (citing §§ 490.003(7), 490.003(8), 490.005, 490.006, 490.”

— 490.003(7)(a) — 1 case

Grier v. State, Agency for Health Care, 704 So. 2d 1072 (Fla. 1st DCA 1997). “in psychology from Union Institute within the meaning of Section 490.003(7), Florida Statutes (1995).”

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