490.012
Violations; penalties; injunction.
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490.012 Violations; penalties; injunction.—
(1)(a) No person shall hold herself or himself out by any professional title, name, or description incorporating the word “psychologist” unless such person holds a valid, active license as a psychologist under this chapter.
(b) No person shall hold herself or himself out by any professional title, name, or description incorporating the words “school psychologist” unless such person holds a valid, active license as a school psychologist under this chapter or is certified as a school psychologist by the Department of Education.
(c) No person shall hold herself or himself out by any title or description incorporating the words, or permutations of them, “psychology,” “psychological,” or “psychodiagnostic,” or describe any test or report as psychological, unless such person holds a valid, active license under this chapter or is exempt from the provisions of this chapter.
(d) A person may not hold herself or himself out by any title or description incorporating the word, or a permutation of the word, “psychotherapy” unless such person holds a valid, active license under chapter 458, chapter 459, chapter 490, or chapter 491, or such person is licensed as an advanced practice registered nurse under s. 464.012, who has been determined by the Board of Nursing as a specialist in psychiatric mental health.
(e) No person licensed or provisionally licensed pursuant to this chapter shall hold herself or himself out by any title or description which indicates licensure other than that which has been granted to her or him.
(2)(a) A licensed psychologist shall conspicuously display the valid, active license issued by the department or a true copy thereof at each location at which the licensee practices his or her profession.
(b) A licensed psychologist shall include the words “licensed psychologist” on all professional advertisements, including, but not limited to, advertisements in any newspaper, magazine, other print medium, airwave or broadcast transmission, or phone directory listing purchased by or on behalf of a person licensed according to this chapter.
(3)(a) A person provisionally licensed under this chapter as a provisional psychologist licensee shall conspicuously display the valid provisional license issued by the department or a true copy thereof at each location at which the provisional licensee is providing services.
(b) A provisional psychologist licensee shall include the words “provisional psychologist licensee” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the provisional licensee.
(4) Any person who violates any provision of this section, except for subsections (2) and (3), commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of subsection (2) or subsection (3) is subject to disciplinary action under s. 490.009.
(5) The department may institute appropriate proceedings to enjoin violation of subsection (1).
(6) No person shall practice psychology in this state, as such practice is defined in s. 490.003(4), for compensation, unless such person holds an active, valid license to practice psychology issued pursuant to this chapter. Nothing in this subsection shall be construed to limit the practice of school psychology, as such practice is defined in s. 490.003(5).
(7) No person shall practice school psychology in this state, as such practice is defined in s. 490.003(5), for compensation, unless such person holds an active, valid license to practice school psychology issued pursuant to this chapter.
(8) A person may not practice juvenile sexual offender therapy in this state, as the practice is defined in s. 490.0145, for compensation, unless the person holds an active license issued under this chapter and meets the requirements to practice juvenile sexual offender therapy. An unlicensed person may be employed by a program operated by or under contract with the Department of Juvenile Justice or the Department of Children and Families if the program employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or supervises the treatment services.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 10, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 8, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 3, ch. 90-263; s. 4, ch. 91-429; s. 113, ch. 92-149; s. 503, ch. 97-103; s. 7, ch. 97-198; s. 199, ch. 97-264; s. 2, ch. 98-158; s. 125, ch. 2001-277; s. 273, ch. 2014-19; s. 68, ch. 2018-106; s. 70, ch. 2018-110; s. 8, ch. 2022-30.
Notes of Decisions
Cited in 3
cases, 1985–2006 · leading case: Judith Abramson, Donald Airey v. Larry Gonzalez, as Secretary of the Florida Department of Professional Regulation
Judith Abramson, Donald Airey v. Larry Gonzalez, as Secretary of the Florida Department of Professional Regulation (1992)
“Fla.Stat. §§ 490.012, 491.012. In addition, the Act also prohibits anyone not licensed under Chapters 490 or 491 from describing any test or report that he or she may provide as psychological.”
McCawley v. Universidad Carlos Albizu (Carlos Albizu University), Inc. (2006)
“Furthermore, Florida Statute § 490.012(l)(a) provides that “[n]o person shall hold herself or himself out by any professional title, name, or description incorporating the word ‘psychologist’ unless such a person holds a valid, active license as psychologist under this chapter.”
Anderson v. Department of Professional Regulation, Psychological Service Office (1985)
“§ 490.012(2), Fla.Stat. (1981). In order to be eligible to take the examination for li-censure, one had to have, among other things, a master’s degree from a college or university accredited by an accrediting agency approved by the United States Department of Education (DOE).”
— 490.012(2) — 1 case
Anderson v. Department of Professional Regulation, Psychological Service Office (1985)
“§ 490.012(2), Fla.Stat. (1981). In order to be eligible to take the examination for li-censure, one had to have, among other things, a master’s degree from a college or university accredited by an accrediting agency approved by the United States Department of Education (DOE).”
— 490.012(5) — 1 case
Judith Abramson, Donald Airey v. Larry Gonzalez, as Secretary of the Florida Department of Professional Regulation (1992)
“Fla.Stat. §§ 490.012, 491.012. In addition, the Act also prohibits anyone not licensed under Chapters 490 or 491 from describing any test or report that he or she may provide as psychological.”
— 490.012(l)(a) — 1 case
McCawley v. Universidad Carlos Albizu (Carlos Albizu University), Inc. (2006)
“Furthermore, Florida Statute § 490.012(l)(a) provides that “[n]o person shall hold herself or himself out by any professional title, name, or description incorporating the word ‘psychologist’ unless such a person holds a valid, active license as psychologist under this chapter.”
— 490.012(l)(c) — 1 case
McCawley v. Universidad Carlos Albizu (Carlos Albizu University), Inc. (2006)
“Furthermore, Florida Statute § 490.012(l)(a) provides that “[n]o person shall hold herself or himself out by any professional title, name, or description incorporating the word ‘psychologist’ unless such a person holds a valid, active license as psychologist under this chapter.”
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