491.0147
Confidentiality and privileged communications.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
491.0147 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.
Notes of Decisions
Cited in 9
cases, 1989–2020 · leading case: Gracey v. Eaker
Gracey v. Eaker (2002)
“" § 491.0147, Fla. Stat. (1997). This created a clear statutory duty that, if violated, generated a viable cause of action in tort.”
Acosta v. Richter (1996)
“§ 491.0147, Fla.Stat. (1993) (providing for a privilege of confidentiality in communications between patients and mental health professionals).”
Florida Dept. of Corrections v. Abril (2007)
“To reach its ultimate holding, the Court had to infer a private cause of action for the breach of the duty of confidentiality created by section 491.0147, Florida Statutes (1997).”
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (providing that communications between a licensed psychologist and client are privileged); § 491.0147, Fla. Stat. (2006) (providing that communications between persons licensed under chapter 491 and clients are privileged); § 766.”
Abril v. Department of Corrections (2004)
“The court gave particular attention to the provisions of section 491.0147, Florida Statutes (1997), which "require[ ] psychotherapists to keep confidential the substance of patient communications.”
Green v. Ross (1997)
“Appellant was granted leave to file an amended complaint in an effort to state a statutory cause of action under section 491.0147, Florida Statutes (1991).”
Gracey v. Eaker (1999)
“NOTES [1] See § 491.0147, Fla. Stat. (1997)(providing that any communication between a licensed mental health counselor and his patient shall be confidential).”
Tessler v. Tessler (1989)
“Additionally, we find any error in admitting privileged information in the psychologists' testimony, even if not within the waiver provisions of section 491.0147(3), Florida Statutes, to be harmless.”
ANDREW POLLACK v. NIKOLAS JACOB CRUZ (2020)
“(2019) (psychologists); § 491.0147, Fla. Stat. (2019) (clinical social workers, marriage and family therapists, mental health counselors, psychotherapists, and social workers).”
— 491.0147(1) — 2 cases
Acosta v. Richter (1996)
“§ 491.0147, Fla.Stat. (1993) (providing for a privilege of confidentiality in communications between patients and mental health professionals).”
Gracey v. Eaker (2002)
“" § 491.0147, Fla. Stat. (1997). This created a clear statutory duty that, if violated, generated a viable cause of action in tort.”
— 491.0147(3) — 1 case
Tessler v. Tessler (1989)
“Additionally, we find any error in admitting privileged information in the psychologists' testimony, even if not within the waiver provisions of section 491.0147(3), Florida Statutes, to be harmless.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.