__________________________________ Laws, Regulations, and Ethics for Florida Psychologists, 2nd Edition
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The privilege may be claimed by: (a) The patient or the patient’s attorney on the patient’s behalf. (b) A guardian or conservator of the patient. (c) The personal representative of a deceased patient. (d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.
FLORIDA ADMINISTRATIVE CODE & FLORIDA ADMINISTRATIVE REGISTER: DIVISION 64B19 BOARD OF PSYCHOLOGY Full text: Advance Search Results - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking These rules provide specifics for the practice of psychology as outlined by the Board of Psychology (Florida Legislature, n.d). Psychology professionals are encouraged to periodically review these rules as they apply to the practice of the profession. Rules that have been updated as of July 22, 2025, include the following. RULE 64B19-17.002 DISCIPLINARY GUIDELINES This rule defines the specific range of penalties that may be imposed for any violation of the provisions in Chapter 456 and Chapter 490, listing each potential violation and the minimum and maximum penalties for the first and subsequent offenses for Florida licensees. Penalties may be fines, continu- ing education, probation, reprimand, restriction, suspension, revocation, “or any other restriction found to be necessary for the protection of the public health, safety, and welfare.” Also listed are the minimum and maximum penalties for first and subsequent offenses for registered out-of-state telehealth provid- ers, which range from reprimand to suspension to revocation. Psychologists are encouraged to review this rule in full. Rules that have not changed, but which are applicable to the biennial renewal of a psychology license include: Rule 64B19-13.003 Continuing Psychological Education Credit (effective as of September 19, 2024). This section dis- cusses the activities that can be utilized in gaining continuing psychological education credit. Finally, the Board has proposed a rule amendment to 64B19- 18.004 Use of Test Instruments to clearly allow for the administration of test instruments by licensed psychologists via synchronous online video communication technology rather than the traditional face-to-face requirement for test administration provided that: 1. The administration occurs via a HIPAA compliant videoconferencing platform 2. The psychologist verifies patient identity via a government-issued picture identification. 3. The psychologist verifies that the patient is in a quiet setting free of distractions 4. The psychologist documents in the patient’s record the rationale for test administration via videoconferencing
THE 2025 FLORIDA STATUTES: TITLE V CHAPTER 39 PROCEEDINGS RELATED TO CHILDREN The intent of this chapter is to establish laws that provide for the care, safety, and protection of children, and it includes laws regarding the mandatory reporting of abuse. (Florida Senate, 2025a). The full text can be found at: https://www. flhouse.gov/Statutes/2025/Chapter0039/ . SECTION 39.201 REQUIRED REPORTS CHILD ABUSE, ABANDONMENT, OR NEGLECT, SEXUAL ABUSE OF A CHILD, JUVENILE SEXUAL ABUSE; REQUIRED REPORTS OF DEATH; REPORTS INVOLVING A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL BEHAVIOR. This section outlines the specific requirements for mandatory reporting in these situations. Psychologists and mental health professionals are mandatory reporters. Abuse, neglect, abandonment, or sexual abuse of a child must be reported to the central abuse hotline on the single statewide toll-free telephone number or via fax, web-based chat, or web-based report. A mandatory report cannot be made anonymously; the reporter’s name must be provided for the record, but will be kept confidential. If the report involves impregnation of a child under age 16 by a person 21 years of age or older, an additional report must immediately be made to the appropriate law enforcement agency. However, this does not apply to professionals providing counseling to pregnant children if the report would interfere with the provision of services. If a mandatory reporter suspects that a child died as a result of abuse, abandonment, or neglect, then a report must be made to the medical examiner. The 2025 Florida Statutes: Title XXX Chapter 415 Adult Protective Services discusses the same mandatory reporting requirements in situations of abuse, neglect, or exploitation of vulnerable adults (Florida Senate, 2025c). The full text can be found at: https://www.flhouse.gov/Statutes/2025/ Chapter415/ .
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