Florida Statute 491.014 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 491
CLINICAL, COUNSELING, AND PSYCHOTHERAPY SERVICES

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F.S. 491.014

491.014 Exemptions.—

(1) No provision of this chapter shall be construed to limit the practice of physicians licensed pursuant to chapter 458 or chapter 459, or psychologists licensed pursuant to chapter 490, so long as they do not unlawfully hold themselves out to the public as possessing a license, provisional license, registration, or certificate issued pursuant to this chapter or use a professional title protected by this chapter.

(2) No provision of this chapter shall be construed to limit the practice of nursing, school psychology, psychology, or occupational therapy, or to prevent qualified members of other professions from doing work of a nature consistent with their training and licensure, so long as they do not hold themselves out to the public as possessing a license, provisional license, registration, or certificate issued pursuant to this chapter or use a title protected by this chapter.

(3) No provision of this chapter shall be construed to limit the performance of activities of a rabbi, priest, minister, or member of the clergy of any religious denomination or sect, or use of the terms “Christian counselor” or “Christian clinical counselor” when the activities are within the scope of the performance of his or her regular or specialized ministerial duties and no compensation is received by him or her, or when such activities are performed, with or without compensation, by a person for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering service remains accountable to the established authority thereof.

(4) No person shall be required to be licensed, provisionally licensed, registered, or certified under this chapter who:

(a) Is a salaried employee of a government agency; a developmental disability facility or program; a mental health, alcohol, or drug abuse facility operating under chapter 393, chapter 394, or chapter 397; the statewide child care resource and referral network operating under s. 1002.92; a child-placing or child-caring agency licensed pursuant to chapter 409; a domestic violence center certified pursuant to chapter 39; an accredited academic institution; or a research institution, if such employee is performing duties for which he or she was trained and hired solely within the confines of such agency, facility, or institution, so long as the employee is not held out to the public as a clinical social worker, mental health counselor, or marriage and family therapist.

(b) Is a salaried employee of a private, nonprofit organization providing counseling services to children, youth, and families, if such services are provided for no charge, if such employee is performing duties for which he or she was trained and hired, so long as the employee is not held out to the public as a clinical social worker, mental health counselor, or marriage and family therapist.

(c) Is a student providing services regulated under this chapter who is pursuing a course of study which leads to a degree in a profession regulated by this chapter, is providing services in a training setting, provided such services and associated activities constitute part of a supervised course of study, and is designated by the title “student intern.”

(d) Is not a resident of this state but offers services in this state, provided:

1. Such services are performed for no more than 15 days in any calendar year; and

2. Such nonresident is licensed or certified to practice the services provided by a state or territory of the United States or by a foreign country or province.

(5) No provision of this chapter shall be construed to limit the practice of any individual who solely engages in behavior analysis so long as he or she does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter or use a title protected by this chapter.

(6) Nothing in subsections (2)-(4) shall exempt any person from the provisions of s. 491.012(1)(a)-(c), (l), and (m).

(7) Except as stipulated by the board, the exemptions contained in this section do not apply to any person licensed under this chapter whose license has been suspended or revoked by the board or another jurisdiction.

(8) Nothing in this section shall be construed to exempt a person from meeting the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the person is not qualified by training or experience.

History.—ss. 15, 19, ch. 87-252; ss. 12, 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 120, ch. 92-149; s. 34, ch. 93-39; s. 15, ch. 95-279; s. 512, ch. 97-103; s. 18, ch. 97-198; s. 210, ch. 97-264; s. 157, ch. 98-403; s. 171, ch. 99-397; s. 128, ch. 2001-277; s. 63, ch. 2006-227; s. 25, ch. 2010-210; s. 27, ch. 2013-252; s. 7, ch. 2022-30.

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Amendments to 491.014

Arrestable Offenses / Crimes under Fla. Stat. 491.014

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 491.014.

Annotations, Discussions, Cases:

Cases Citing Statute 491.014

Total Results: 13

Nussbaumer v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-08-27

Citation: 882 So. 2d 1067, 2004 WL 1905897

Snippet: exemptions for clergy members. §§ 490.014(2)(f), 491.014(3). These exemptions are indicative of the legislature's

State v. Ramos

Court: Supreme Court of Florida | Date Filed: 1970-02-25

Citation: 232 So. 2d 381, 1970 Fla. LEXIS 2831

Snippet: F.S.A. (pharmacists), 490.011 (psychologists), 491.14 (sanitarians). . 124 So.2d 48, 51 (Fla.App.1st

Elston v. York

Court: Supreme Court of Florida | Date Filed: 1955-02-11

Citation: 77 So. 2d 856

Snippet: the case of Williams v. La Penotiere, 32 Fla. 491, 14 So. 157, 159, an attorney’s fee was involved. The

Seaboard Air Line Railway Co. v. Ebert

Court: Supreme Court of Florida | Date Filed: 1931-07-30

Citation: 138 So. 4, 102 Fla. 641

Snippet: South. Rep. 750; Williams v. La Penotiere, 32 Fla. 491, 14 South. Rep. 157. There are many other assignments

Atlantic Coast Line Railroad v. Watkins

Court: Supreme Court of Florida | Date Filed: 1929-03-19

Citation: 97 Fla. 350

Snippet: Gen. Laws 1927; Williams v. LaPenotiere, 32 Fla. 491, 14 So. R. 157; F. C. and P. Ry. Co. v. Williams 37

A. C. L. R. R. Co. v. Watkins

Court: Supreme Court of Florida | Date Filed: 1929-03-19

Citation: 121 So. 95, 97 Fla. 350

Snippet: Gen. Laws 1927; Williams v. LaPenotiere, 32 Fla. 491, 14 So. R. 157; F. C. and P. Ry. Co. v. Williams 37

Manatee County State Bank v. Wade

Court: Supreme Court of Florida | Date Filed: 1908-06-15

Citation: 56 Fla. 492

Snippet: new trial. See Williams v. La Penotere, 32 Fla. 491, 14 South. Rep. 157. The statutes and rules of practice

Cross v. Aby

Court: Supreme Court of Florida | Date Filed: 1908-01-15

Citation: 55 Fla. 311

Snippet: cited therein; Williams v. LaPenotiere, 32 Fla. 491, 14 South. Rep. 157; Southern Pine Co. v. Powell, 48

Atlantic Coast Line Railroad v. Beazley

Court: Supreme Court of Florida | Date Filed: 1907-06-15

Citation: 54 Fla. 311

Snippet: the jury. See Williams v. LaPenotiere, 32 Fla. 491, 14 South. Rep. 157, and cases there cited; Sims v

Keigans v. State

Court: Supreme Court of Florida | Date Filed: 1906-06-15

Citation: 52 Fla. 57

Snippet: South. Rep. 429; Williams v. LaPenotiere, 32 Fla. 491, 14 South. Rep. 157; *75McCoy v. State, 40 Fla. 494

C. B. Rogers Co. v. Meinhardt Bros. & Co.

Court: Supreme Court of Florida | Date Filed: 1896-01-15

Citation: 37 Fla. 480

Snippet: the witnesses. Williams vs. LaPenotiere, 32 Fla. 491, 14 South. Rep. 157, and cases cited. In addition to

Frank Herman & Co. v. Williams

Court: Supreme Court of Florida | Date Filed: 1895-06-15

Citation: 36 Fla. 136

Snippet: thereby done. Williams vs. La Peritiere, 32 Fla. 491, 14 South. Rep. 157, and cases cited. In no more effective

Wheeler v. Baars

Court: Supreme Court of Florida | Date Filed: 1894-01-15

Citation: 33 Fla. 696

Snippet: Rep., 847; Williams vs. LaPenotiere, 32 Fla., 491, 14 South. Rep., 157, and cases cited. For this error