491.002
Intent.
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491.002 Intent.—The Legislature finds that as society becomes increasingly complex, emotional survival is equal in importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of the public or those acting on their behalf to encourage needed or desired counseling, clinical and psychotherapy services, or certain other services of a psychological nature to be sought out. The Legislature further finds that, since such services assist the public primarily with emotional survival, which in turn affects physical and psychophysical survival, the practice of clinical social work, marriage and family therapy, and mental health counseling by persons not qualified to practice such professions presents a danger to public health, safety, and welfare. The Legislature finds that, to further secure the health, safety, and welfare of the public and also to encourage professional cooperation among all qualified professionals, the Legislature must assist the public in making informed choices of such services by establishing minimum qualifications for entering into and remaining in the respective professions.
History.—ss. 15, 19, ch. 87-252; ss. 19, 20, ch. 90-263; s. 4, ch. 91-429.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1992–2022 · leading case: Gracey v. Eaker
Gracey v. Eaker (2002)
“" § 491.002, Fla. Stat. (2001). To preserve the health, safety, and welfare of Florida's citizens, our Legislature found itself compelled to take action to protect the confidentiality of the communications involved in the most private and personal relationships interwoven with…”
Judith Abramson, Donald Airey v. Larry Gonzalez, as Secretary of the Florida Department of Professional Regulation (1992)
“, and the Clinical Counseling Act, Fla.Stat. § 491.002 et seq., place an unconstitutional burden on commercial speech.”
Robert W. Otto v. City of Boca Raton, Florida (2022)
“” Fla. Stat. § 491.002 . No wonder. The difference between skilled and inept talk therapy—no less than that between deft and botched surgery— can, in some cases, mean the difference between life and death.”
Harris v. Agency for Health Care Administration (1996)
“See § 491.002, Fla.Stat. (“intent” section of chapter 491).”
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