| 1 | A bill to be entitled |
| 2 | An act relating to clinical, counseling, and psychotherapy |
| 3 | services; amending s. 491.0147, F.S.; providing for a |
| 4 | waiver of confidentiality and privileged communications |
| 5 | when, in the clinical judgment of a person licensed or |
| 6 | certified under chapter 491, F.S., there is a clear and |
| 7 | immediate probability of certain harm; providing immunity |
| 8 | from liability for, and prohibiting causes of action |
| 9 | against, such person for disclosure of otherwise |
| 10 | confidential communications under such circumstances; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (3) of section 491.0147, Florida |
| 16 | Statutes, is amended to read: |
| 17 | 491.0147 Confidentiality and privileged |
| 18 | communications.--Any communication between any person licensed |
| 19 | or certified under this chapter and her or his patient or client |
| 20 | shall be confidential. This secrecy may be waived under the |
| 21 | following conditions: |
| 22 | (3) When, in the clinical judgment of the person licensed |
| 23 | or certified under this chapter, there is a clear and immediate |
| 24 | probability of physical harm to the patient or client, to other |
| 25 | individuals, or to society and the person licensed or certified |
| 26 | under this chapter communicates the information only to the |
| 27 | potential victim, appropriate family member, or law enforcement |
| 28 | or other appropriate authorities. There shall be no liability on |
| 29 | the part of, and no cause of action of any nature shall arise |
| 30 | against, a person licensed or certified under this chapter for |
| 31 | the disclosure of otherwise confidential communications under |
| 32 | this subsection. |
| 33 | Section 2. This act shall take effect July 1, 2009. |