Florida Statute 491.0147 | 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. 491.0147

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.

F.S. 491.0147 on Google Scholar

F.S. 491.0147 on Casetext

Amendments to 491.0147

Arrestable Offenses / Crimes under Fla. Stat. 491.0147

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 491.0147.

Annotations, Discussions, Cases:

Cases Citing Statute 491.0147

Total Results: 9

ANDREW POLLACK v. NIKOLAS JACOB CRUZ

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

Snippet: 490.0147, Fla. Stat. (2019) (psychologists); § 491.0147, Fla. Stat. (2019) (clinical social workers, marriage

Florida Hosp. Waterman, Inc. v. Buster

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

Citation: 984 So. 2d 478

Snippet: licensed psychologist and client are privileged); § 491.0147, Fla. Stat. (2006) (providing that communications

Florida Dept. of Corrections v. Abril

Court: Fla. | Date Filed: 2007-10-18T00:00:00-07:00

Citation: 969 So. 2d 201

Snippet: the duty of confidentiality created by section 491.0147, Florida Statutes (1997). Id. Unfortunately, the…relationship recognized and created under section 491.0147 of the Florida Statutes." Id. at 352 (emphasis

Abril v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2004-07-30T00:53:00-07:00

Citation: 884 So. 2d 206

Snippet: particular attention to the provisions of section 491.0147, Florida Statutes (1997), which "require[…impact rule to bar a claim for violation of section 491.0147 would "not accommodate the intent and purpose…Gracey. The confidentiality provisions of section 491.0147 and section 381.004(3)(f) serve the same purpose…flowing from a violation" of either section 491.0147 or section 381.004(3)(f) "are emotional in… arises under section 381.004(3)(f) or section 491.0147, the emotional injury that results from the breach

Gracey v. Eaker

Court: Fla. | Date Filed: 2002-12-19T00:00:00-08:00

Citation: 837 So. 2d 348

Snippet: accommodate the intent and purpose of section 491.0147 of the Florida Statutes and renders its protection…relationship recognized and created under section 491.0147 of the Florida Statutes. Decades ago, we commented…professional relationship when it established section 491.0147 of the Florida Statutes, which states in pertinent…and Eaker "shall be confidential." § 491.0147, Fla. Stat. (1997). This created a clear statutory…exists, it is not absolute. For instance, section 491.0147(1)-(3) of the Florida Statutes delineates three

Gracey v. Eaker

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-29T23:53:00-08:00

Citation: 747 So. 2d 475

Snippet: DAUKSCH and COBB, JJ., concur. NOTES [1] See § 491.0147, Fla. Stat. (1997)(providing that any communication… se based upon proof of a violation of section 491.0147 of the Florida Statutes (1997), which outlines

Green v. Ross

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-09T00:53:00-07:00

Citation: 691 So. 2d 542

Snippet: state a statutory cause of action under section 491.0147, Florida Statutes (1991). That second amended …conclude that the permissive language of section 491.0147 created an affirmative duty to warn so as to support…allege a statutory cause of action based on section 491.0147. Judges Cope and Gersten in Boynton specially …communications, is similar in import to section 491.0147, relating to communications between patients and…disclosing a threat pursuant to this section. . . . . . 491.0147 Confidentiality and privileged communications.

Acosta v. Richter

Court: Fla. | Date Filed: 1996-01-17T23:53:00-08:00

Citation: 671 So. 2d 149

Snippet: negligence action brought by the patient. Cf. § 491.0147(1), Fla.Stat. (1993) (providing for waiver of …440.13(4)(c), Florida Statutes (1995)). [6] Cf. § 491.0147, Fla.Stat. (1993) (providing for a privilege of…patients and mental health professionals). Section 491.0147 provides: Confidentiality and privileged communications

Tessler v. Tessler

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-28T23:53:00-08:00

Citation: 539 So. 2d 522

Snippet: if not within the waiver provisions of section 491.0147(3), Florida Statutes, to be harmless. Cf. Cadillac