Senate Bill sb0544

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    Florida Senate - 2005                                   SB 544

    By Senator Smith





    14-556-05

  1                      A bill to be entitled

  2         An act relating to psychotherapist-patient

  3         privilege; amending s. 90.503, F.S.; redefining

  4         the term "psychotherapist" to include certain

  5         advanced registered nurse practitioners for

  6         purposes of the psychotherapist-patient

  7         privilege of the Florida Evidence Code;

  8         providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (a) of subsection (1) of section

13  90.503, Florida Statutes, is amended to read:

14         90.503  Psychotherapist-patient privilege.--

15         (1)  For purposes of this section:

16         (a)  A "psychotherapist" is:

17         1.  A person authorized to practice medicine in any

18  state or nation, or reasonably believed by the patient so to

19  be, who is engaged in the diagnosis or treatment of a mental

20  or emotional condition, including alcoholism and other drug

21  addiction;

22         2.  A person licensed or certified as a psychologist

23  under the laws of any state or nation, who is engaged

24  primarily in the diagnosis or treatment of a mental or

25  emotional condition, including alcoholism and other drug

26  addiction;

27         3.  A person licensed or certified as a clinical social

28  worker, marriage and family therapist, or mental health

29  counselor under the laws of this state, who is engaged

30  primarily in the diagnosis or treatment of a mental or

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    Florida Senate - 2005                                   SB 544
    14-556-05




 1  emotional condition, including alcoholism and other drug

 2  addiction; or

 3         4.  Treatment personnel of facilities licensed by the

 4  state pursuant to chapter 394, chapter 395, or chapter 397, of

 5  facilities designated by the Department of Children and Family

 6  Services pursuant to chapter 394 as treatment facilities, or

 7  of facilities defined as community mental health centers

 8  pursuant to s. 394.907(1), who are engaged primarily in the

 9  diagnosis or treatment of a mental or emotional condition,

10  including alcoholism and other drug addiction; or.

11         (5)  An advanced registered nurse practitioner licensed

12  under s. 464.012, whose primary scope of practice is the

13  diagnosis or treatment of mental or emotional conditions,

14  including chemical abuse, and limited only to actions

15  performed in accordance with part I of chapter 464.

16         Section 2.  This act shall take effect July 1, 2005.

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19                          SENATE SUMMARY

20    Includes certain advanced registered nurse practitioners
      within the definition of psychotherapist for purposes of
21    the Florida Evidence Code.

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CODING: Words stricken are deletions; words underlined are additions.