__________________________________ Laws, Regulations, and Ethics for Florida Psychologists, 2nd Edition
(p) Being unable to practice the profession for which he or she is licensed under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance. In enforcing this paragraph, upon a finding by the State Surgeon General, the State Surgeon General’s designee, or the board that probable cause exists to believe that the licensee is unable to practice the profession because of the reasons stated in this para- graph, the department shall have the authority to compel a licensee to submit to a mental or physical examination by psychologists or physicians designated by the department or board. If the licensee refuses to comply with the department’s order, the department may file a petition for enforcement in the circuit court of the circuit in which the licensee resides or does business. The licensee shall not be named or identified by initials in the peti- tion or in any other public court records or documents, and the enforcement proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall be afforded an opportunity at reasonable intervals to demon- strate that he or she can resume the competent practice for which he or she is licensed with reasonable skill and safety to patients. (q) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the com- munity, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent. (r) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience. (s) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities. (t) Violating a rule relating to the regulation of the profession or a lawful order of the depart- ment previously entered in a disciplinary hear- ing.
(u) Failing to maintain in confidence a com- munication made by a patient or client in the context of such services, except as provided in s. 490.0147. (v) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients. 490.012 VIOLATIONS; PENALTIES; INJUNCTION (1) (a) No person shall hold herself or himself out by any professional title, name, or description incorporating the word “psychologist” unless such person holds a valid, active license as a psychologist under this chapter. (b) No person shall hold herself or himself out by any professional title, name, or description incorporating the words “school psychologist” unless such person holds a valid, active license as a school psychologist under this chapter or is certified as a school psychologist by the Department of Education. (c) No person shall hold herself or himself out by any title or description incorporating the words, or permutations of them, “psychology,” “psychological,” or “psychodiagnostic,” or describe any test or report as psychological, unless such person holds a valid, active license under this chapter or is exempt from the provi- sions of this chapter. (d) A person may not hold herself or himself out by any title or description incorporating the word, or a permutation of the word, “psycho- therapy” unless such person holds a valid, active license under chapter 458, chapter 459, chapter 490, or chapter 491, or such person is licensed as an advanced practice registered nurse under s. 464.012, who has been deter- mined by the Board of Nursing as a specialist in psychiatric mental health. (e) No person licensed or provisionally licensed pursuant to this chapter shall hold herself or himself out by any title or description which indicates licensure other than that which has been granted to her or him.
(2)
(a) A licensed psychologist shall conspicuously display the valid, active license issued by the department or a true copy thereof at each loca- tion at which the licensee practices his or her profession.
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