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.

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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: District Court of Appeal of Florida | Date Filed: 2020-05-27

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

Florida Hosp. Waterman, Inc. v. Buster

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 984 So. 2d 478, 2008 WL 596700

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

Florida Dept. of Corrections v. Abril

Court: Supreme Court of Florida | Date Filed: 2007-10-18

Citation: 969 So. 2d 201, 26 I.E.R. Cas. (BNA) 1343, 32 Fla. L. Weekly Supp. 635, 2007 Fla. LEXIS 1902

Snippet: the duty of confidentiality created by section 491.0147, Florida Statutes (1997). Id. Unfortunately, the

Abril v. Department of Corrections

Court: District Court of Appeal of Florida | Date Filed: 2004-07-30

Citation: 884 So. 2d 206, 21 I.E.R. Cas. (BNA) 1416, 2004 Fla. App. LEXIS 11341, 2004 WL 1698066

Snippet: particular attention to the provisions of section 491.0147, Florida Statutes (1997), which "require[ ] psychotherapists

Gracey v. Eaker

Court: Supreme Court of Florida | Date Filed: 2002-12-19

Citation: 837 So. 2d 348, 2002 WL 31833835

Snippet: accommodate the intent and purpose of section 491.0147 of the Florida Statutes and renders its protection

Gracey v. Eaker

Court: District Court of Appeal of Florida | Date Filed: 1999-12-30

Citation: 747 So. 2d 475, 1999 WL 1267236

Snippet: DAUKSCH and COBB, JJ., concur. NOTES [1] See § 491.0147, Fla. Stat. (1997)(providing that any communication

Green v. Ross

Court: District Court of Appeal of Florida | Date Filed: 1997-04-09

Citation: 691 So. 2d 542, 1997 WL 162714

Snippet: state a statutory cause of action under section 491.0147, Florida Statutes (1991). That second amended

Acosta v. Richter

Court: Supreme Court of Florida | Date Filed: 1996-01-18

Citation: 671 So. 2d 149, 1996 WL 15522

Snippet: negligence action brought by the patient. Cf. § 491.0147(1), Fla.Stat. (1993) (providing for waiver of

Tessler v. Tessler

Court: District Court of Appeal of Florida | Date Filed: 1989-03-01

Citation: 539 So. 2d 522, 1989 WL 16154

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