HB 411

1
A bill to be entitled
2An act relating to psychotherapist-patient privilege;
3amending s. 90.503, F.S.; redefining the term
4"psychotherapist" to include certain advanced registered
5nurse practitioners for purposes of the psychotherapist-
6patient privilege of the Florida Evidence Code; providing
7an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (a) of subsection (1) of section
1290.503, 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
17or nation, or reasonably believed by the patient so to be, who
18is engaged in the diagnosis or treatment of a mental or
19emotional condition, including alcoholism and other drug
20addiction;
21     2.  A person licensed or certified as a psychologist under
22the laws of any state or nation, who is engaged primarily in the
23diagnosis or treatment of a mental or emotional condition,
24including alcoholism and other drug addiction;
25     3.  A person licensed or certified as a clinical social
26worker, marriage and family therapist, or mental health
27counselor under the laws of this state, who is engaged primarily
28in the diagnosis or treatment of a mental or emotional
29condition, including alcoholism and other drug addiction; or
30     4.  Treatment personnel of facilities licensed by the state
31pursuant to chapter 394, chapter 395, or chapter 397, of
32facilities designated by the Department of Children and Family
33Services pursuant to chapter 394 as treatment facilities, or of
34facilities defined as community mental health centers pursuant
35to s. 394.907(1), who are engaged primarily in the diagnosis or
36treatment of a mental or emotional condition, including
37alcoholism and other drug addiction; or.
38     5.  An advanced registered nurse practitioner certified
39under s. 464.012, whose primary scope of practice is the
40diagnosis or treatment of mental or emotional conditions,
41including chemical abuse, and limited only to actions performed
42in accordance with part I of chapter 464.
43     Section 2.  This act shall take effect July 1, 2006.


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