|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 491.0147491.0147 Confidentiality and privileged communications.—Any communication between any person licensed or certified under this chapter and her or his patient or client is confidential.(1) This privilege may be waived under the following conditions:(a) When the person licensed or certified under this chapter 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. (c) When a patient or client has communicated to the person licensed or certified under this chapter a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter 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 person licensed or certified under this chapter communicates the information to the potential victim. A disclosure of confidential communications by a person licensed or certified under this chapter when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against such person. (2) This privilege must be waived, and the person licensed or certified under this chapter 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 such person a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter 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 disclosure of confidential communications by a person licensed or certified under this chapter when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against such person. History.—ss. 15, 19, ch. 87-252; ss. 19, 20, ch. 90-263; s. 4, ch. 91-429; s. 515, ch. 97-103; s. 1, ch. 2009-103; s. 6, ch. 2019-134.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 491.0147
Total Results: 9
837 So. 2d 348, 2002 WL 31833835
Supreme Court of Florida | Filed: Dec 19, 2002 | Docket: 537509
Cited 140 times | Published
not accommodate the intent and purpose of section 491.0147 of the Florida Statutes and renders its protection
984 So. 2d 478, 2008 WL 596700
Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177
Cited 68 times | Published
licensed psychologist and client are privileged); § 491.0147, Fla. Stat. (2006) (providing that communications
671 So. 2d 149, 1996 WL 15522
Supreme Court of Florida | Filed: Jan 18, 1996 | Docket: 1247898
Cited 68 times | Published
negligence action brought by the patient. Cf. § 491.0147(1), Fla.Stat. (1993) (providing for waiver of
969 So. 2d 201, 26 I.E.R. Cas. (BNA) 1343, 32 Fla. L. Weekly Supp. 635, 2007 Fla. LEXIS 1902
Supreme Court of Florida | Filed: Oct 18, 2007 | Docket: 1404038
Cited 41 times | Published
of the duty of confidentiality created by section 491.0147, Florida Statutes (1997). Id. Unfortunately
747 So. 2d 475, 1999 WL 1267236
District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 1475799
Cited 6 times | Published
DAUKSCH and COBB, JJ., concur.
NOTES
[1] See § 491.0147, Fla. Stat. (1997)(providing that any communication
691 So. 2d 542, 1997 WL 162714
District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 1727288
Cited 6 times | Published
to state a statutory cause of action under section 491.0147, Florida Statutes (1991). That second amended
539 So. 2d 522, 1989 WL 16154
District Court of Appeal of Florida | Filed: Mar 1, 1989 | Docket: 1511020
Cited 4 times | Published
even if not within the waiver provisions of section 491.0147(3), Florida Statutes, to be harmless. Cf.
884 So. 2d 206, 21 I.E.R. Cas. (BNA) 1416, 2004 Fla. App. LEXIS 11341, 2004 WL 1698066
District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 1683054
Cited 3 times | Published
particular attention to the provisions of section 491.0147, Florida Statutes (1997), which "require[
District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195219
Published
490.0147, Fla. Stat. (2019)
(psychologists); § 491.0147, Fla. Stat. (2019) (clinical social workers,
