Florida Statute 490.009 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 490
PSYCHOLOGICAL SERVICES

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F.S. 490.009

490.009 Discipline.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2) or s. 490.0075:

(a) Attempting to obtain, obtaining, or renewing a license under this chapter by bribery or fraudulent misrepresentation or through an error of the board or department.

(b) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country.

(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of his or her profession or the ability to practice his or her profession. A plea of nolo contendere creates a rebuttable presumption of guilt of the underlying criminal charges. However, the board shall allow the person who is the subject of the disciplinary proceeding to present any evidence relevant to the underlying charges and circumstances surrounding the plea.

(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.

(e) Advertising, practicing, or attempting to practice under a name other than one’s own.

(f) Maintaining a professional association with any person who the applicant or licensee knows, or has reason to believe, is in violation of this chapter or of a rule of the department or, in the case of psychologists, of the department or the board.

(g) Knowingly aiding, assisting, procuring, or advising any nonlicensed person to hold himself or herself out as licensed under this chapter.

(h) Failing to perform any statutory or legal obligation placed upon a person licensed under this chapter.

(i) Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record. Such report or record includes only a report or record which requires the signature of a person licensed under this chapter.

(j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement.

(k) Committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined in s. 490.0111.

(l) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed under this chapter.

(m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.

(n) Failing to make available to a patient or client, upon written request, copies of test results, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.

(o) Failing to respond within 30 days to a written communication from the department concerning any investigation by the department or to make available any relevant records with respect to any investigation about the licensee’s conduct or background.

(p) Being unable to practice the profession for which he or she is licensed under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance. In enforcing this paragraph, upon a finding by the State Surgeon General, the State Surgeon General’s designee, or the board that probable cause exists to believe that the licensee is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee to submit to a mental or physical examination by psychologists or physicians designated by the department or board. If the licensee refuses to comply with the department’s order, the department may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business. The licensee may not be named or identified by initials in the petition or in any other public court records or documents, and the enforcement proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall be afforded an opportunity at reasonable intervals to demonstrate that he or she can resume the competent practice for which he or she is licensed with reasonable skill and safety to patients.

(q) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

(r) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.

(s) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities.

(t) Violating a rule relating to the regulation of the profession or a lawful order of the department previously entered in a disciplinary hearing.

(u) Failing to maintain in confidence a communication made by a patient or client in the context of such services, except as provided in s. 490.0147.

(v) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.

(w) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(2)(a) The department, or in the case of psychologists, the board, may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).

(b) The board may take adverse action against a psychologist’s authority to practice interjurisdictional telepsychology or his or her temporary authorization to practice under the Psychology Interjurisdictional Compact pursuant to s. 490.0075, and may impose any of the penalties in s. 456.072(2) if a psychologist commits an act specified in subsection (1) or s. 456.072(1).

History.—ss. 1, 3, ch. 81-235; s. 35, ch. 83-215; ss. 1, 3, ch. 83-265; s. 9, ch. 84-203; ss. 8, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 6, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 112, ch. 92-149; s. 8, ch. 95-279; s. 228, ch. 96-410; s. 1135, ch. 97-103; s. 6, ch. 97-198; s. 198, ch. 97-264; s. 150, ch. 98-166; s. 209, ch. 2000-160; s. 52, ch. 2001-277; s. 27, ch. 2005-240; s. 102, ch. 2008-6; s. 8, ch. 2019-134; s. 7, ch. 2023-140.

F.S. 490.009 on Google Scholar

F.S. 490.009 on Casetext

Amendments to 490.009

Arrestable Offenses / Crimes under Fla. Stat. 490.009

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 490.009.

Annotations, Discussions, Cases:

Cases Citing Statute 490.009

Total Results: 9

William Kale, Ph.D. v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-03T00:00:00-07:00

Citation: 175 So. 3d 815, 2015 WL 3516737

Snippet: 18 U.S.C. § 1347, and thereby violated section 490.009(l)(w), Florida Statutes (2013), through a violation…Complaint; found that it was authorized by section 490.009(2) and/or section 456.072(2) to impose a penalty…” § 490.004(4)-(5), Fla. Stat. (2013). Section 490.009, Florida Statutes (2013), titled “Discipline,” …of the acts set forth in Section 456.072(1) or 490.009(2), F.S., it shall issue a final order imposing…minimum to maximum. For a violation of section 490.009(l)(w), the penalty range for a first offense is

Grabau v. DEPT. OF HEALTH, BD. OF PSYCHO.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-22T00:53:00-07:00

Citation: 816 So. 2d 701

Snippet: relationship with a client, Dr. Grabau violated section 490.009(2)(q) & .0111, Florida Statutes (1995),… alleged that Dr. Grabau violated section *703 490.009(2)(k), Florida Statutes (1995), by committing any…Three alleged that Dr. Grabau violated section 490.009(2)(s), Florida Statutes (1995), by failing to meet…was found to constitute a violation of section 490.009(2)(k), Florida Statutes, which states as a ground…raising a ground for discipline pursuant to section 490.009(2)(s), Florida Statutes. The ALJ rejected the argument

State v. Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-16T00:00:00-07:00

Citation: 642 So. 2d 804

Snippet: COBB and W. SHARP, JJ., concur. NOTES [1] See § 490.009, Fla. Stat. (Supp. 1992). [2] On a "(c)(4

Iazzo v. DEPT. OF PROFESSIONAL REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1994-06-20T00:53:00-07:00

Citation: 638 So. 2d 583

Snippet: March 3, 1992, alleging a violation of section 490.009(2)(s), Florida Statutes (1987).[1] Specifically…Accordingly, the Board found Iazzo violated section 490.009(2)(s), as charged, placed him on two years of probation… and LAWRENCE, JJ., concur. NOTES [1] Section 490.009(2)(s) provides in relevant part: (2) The following…professional activities" referred to in § 490.009(2)(s). Dr. Boswell opined that such activity did

Shapiro v. State, Department of Professional Regulation, Board of Psychological Examiners

Court: Fla. Dist. Ct. App. | Date Filed: 1993-09-15T00:00:00-07:00

Citation: 623 So. 2d 1235, 1993 Fla. App. LEXIS 9188, 1993 WL 349934

Snippet: reprimand is an “action against” a license. Section 490.009(l)(a), Florida Statutes, the Psychological Services

Marrero v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-10T00:53:00-07:00

Citation: 622 So. 2d 1109

Snippet: permanently deny the application here. Section 490.009, Florida Statutes. The order contains no findings…state, it has the authority pursuant to section 490.009(1)(a), Florida Statutes, to deny the application…. Clearly, the Board had such authority. See § 490.009(1)(a), (2)(b) and (c), Fla. Stat. (1991). Rather…committed any of the acts set forth in Section [490.009(2)[2]], F.S., it shall issue a final order imposing…to section 490.002, and the parties agree that 490.009 is the statute to which the rule is intended to

Brown v. DEPT. OF PRO. REGULATION, BD. OF PSYCH. EXAMINERS

Court: Fla. Dist. Ct. App. | Date Filed: 1992-07-23T00:53:00-07:00

Citation: 602 So. 2d 1337

Snippet: conduct violated subsection 490.009(2)(s), Florida Statutes. Subsection 490.009(2)(s), Florida Statutes (…August 1989, alleging that he had violated sections 490.009(2)(k), (p), and (s), and 490.0111, Florida Statutes…complaint charging Dr. Brown with violating sections 490.009(2)(k) and 490.0111, which left for hearing and …allegation that Dr. Brown had violated section 490.009(2)(p) by being unable to practice psychology with… establish that Dr. Brown had violated section 490.009(2)(s). Based on the findings of fact and conclusions

Ago

Court: Fla. Att'y Gen. | Date Filed: 1989-10-06T00:53:00-07:00

Snippet: A. Butterworth Attorney General (ls) 1 Section 490.009(1)(g), F.S. 2 See, Statement of Policy Concerning

Robinson v. Fix

Court: Fla. | Date Filed: 1933-12-06T00:00:00-08:00

Citation: 151 So. 512, 113 Fla. 151, 1933 Fla. LEXIS 1701

Snippet: Fla. 746, text 785, 75 So. 35, L. R. A. 1917 E 490; 9 R. C. L. 539; 19 C. J. 395. " 'Residence