Laws, Regulations, and Ethics for Florida Psychologists, 2nd Edition _ ________________________________
(b) 1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provi- sion of other services; or 2. There is a substantial likelihood that
4. Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Chil- dren and Families pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condi- tion, including alcoholism and other drug addiction; or 5. An advanced practice registered nurse licensed under s. 464.012, whose primary scope of practice is the diagnosis or treat- ment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464. (b) A “patient” is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emo- tional condition, including alcoholism and other drug addiction. (c) A communication between psychotherapist and patient is “confidential” if it is not intended to be disclosed to third persons other than: 1. Those persons present to further the interest of the patient in the consultation, examination, or interview. 2. Those persons necessary for the transmis- sion of the communication. 3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist. A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition, including alcoholism and other drug addiction, between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship.
without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
It is particularly important to note that the statute specifically states that the professional executing the certificate must have examined the patient within the past 48 hours and that less restrictive means must not be available.
THE 2025 FLORIDA STATUTES: TITLE VII CHAPTER 90 EVIDENCE CODE
This Chapter describes codes of evidence for court proceedings (Florida Senate, 2025b). The full text can be found at: https://www.flhouse.gov/Statutes/2025/ Chapter90/ . The section particularly applicable to licensed psychologists is 90.503. SECTION 90.503 PSYCHOTHERAPIST–PATIENT PRIVILEGE 1) For purposes of this section: (a) A “psychotherapist” is: 1. A person authorized to practice medicine
in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; 2. A person licensed or certified as a psy- chologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcohol- ism and other drug addiction; 3. A person licensed or certified as a clinical social worker, marriage and family thera- pist, or mental health counselor under the laws of this state, who is engaged pri- marily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
(2)
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