| 1 | A bill to be entitled |
| 2 | An act relating to psychotherapist-patient privilege; |
| 3 | amending s. 90.503, F.S.; redefining the term |
| 4 | "psychotherapist" to include certain advanced registered |
| 5 | nurse practitioners for purposes of the psychotherapist- |
| 6 | patient privilege of the Florida Evidence Code; providing |
| 7 | an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (a) of subsection (1) of section |
| 12 | 90.503, Florida Statutes, is amended to read: |
| 13 | 90.503 Psychotherapist-patient privilege.-- |
| 14 | (1) For purposes of this section: |
| 15 | (a) A "psychotherapist" is: |
| 16 | 1. A person authorized to practice medicine in any state |
| 17 | or nation, or reasonably believed by the patient so to be, who |
| 18 | is engaged in the diagnosis or treatment of a mental or |
| 19 | emotional condition, including alcoholism and other drug |
| 20 | addiction; |
| 21 | 2. A person licensed or certified as a psychologist under |
| 22 | the laws of any state or nation, who is engaged primarily in the |
| 23 | diagnosis or treatment of a mental or emotional condition, |
| 24 | including alcoholism and other drug addiction; |
| 25 | 3. A person licensed or certified as a clinical social |
| 26 | worker, marriage and family therapist, or mental health |
| 27 | counselor under the laws of this state, who is engaged primarily |
| 28 | in the diagnosis or treatment of a mental or emotional |
| 29 | condition, including alcoholism and other drug addiction; or |
| 30 | 4. Treatment personnel of facilities licensed by the state |
| 31 | pursuant to chapter 394, chapter 395, or chapter 397, of |
| 32 | facilities designated by the Department of Children and Family |
| 33 | Services pursuant to chapter 394 as treatment facilities, or of |
| 34 | facilities defined as community mental health centers pursuant |
| 35 | to s. 394.907(1), who are engaged primarily in the diagnosis or |
| 36 | treatment of a mental or emotional condition, including |
| 37 | alcoholism and other drug addiction; or. |
| 38 | 5. An advanced registered nurse practitioner certified |
| 39 | under s. 464.012, whose primary scope of practice is the |
| 40 | diagnosis or treatment of mental or emotional conditions, |
| 41 | including chemical abuse, and limited only to actions performed |
| 42 | in accordance with part I of chapter 464. |
| 43 | Section 2. This act shall take effect July 1, 2005. |