Florida Statute 490.0147 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 490
PSYCHOLOGICAL SERVICES

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F.S. 490.0147

490.0147 Confidentiality and privileged communications.—

(1) Any communication between a psychologist and her or his patient or client is confidential. This privilege may be waived under the following conditions:

(a) When the psychologist 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; or

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

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

History.—ss. 13, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 508, ch. 97-103; s. 5, ch. 2019-134.

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Amendments to 490.0147

Arrestable Offenses / Crimes under Fla. Stat. 490.0147

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 490.0147.

Annotations, Discussions, Cases:

Cases Citing Statute 490.0147

Total Results: 5

ANDREW POLLACK v. NIKOLAS JACOB CRUZ

Court: Fla. Dist. Ct. App. | Date Filed: 2020-05-27T00:53:00-07:00

Snippet: 2019) (service providers under the Baker Act); § 490.0147, Fla. Stat. (2019) (psychologists); § 491.0147

ROBERTO ESTAPE v. STANLEY B. SEIDMAN, PH.D. and STANLEY B. SEIDMAN PH.D., P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-24T00:53:00-07:00

Snippet: legislature. See § 2.01, Fla. Stat. (2016). Section 490.0147, Florida Statutes (2012), provides that communications…communications regarding a patient contrary to section 490.0147. There remains the question of whether Estape

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

Snippet: between an accountant and client are privileged); § 490.0147, Fla. Stat. (2006) (providing that communications

Kasdaglis v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-25T00:00:00-07:00

Citation: 827 So. 2d 328, 2002 Fla. App. LEXIS 13984, 2002 WL 31114914

Snippet: protect the confidences of his patient. Section 490.0147(3) provides: “Any communication between any person…enforcement or other appropriate authorities.” [e.s.] § 490.0147(3), Fla. Stat. (2001). The term “appropriate family… family member” is not defined in section 490.0147, so we turn to other statutory provisions to flesh …appropriate family member” within the meaning of section 490.0147(3). Thus DOH failed to prove an improper disclosure…child was a danger to himself or others. Section 490.0147(3) does not purport to bar the disclosure of such

Attorney Ad Litem for DK v. Parents of DK

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-20T23:53:00-08:00

Citation: 780 So. 2d 301

Snippet: Keefe the privilege is waived pursuant to section 490.0147(3) because there was a "clear and immediate