Florida Senate - 2009                                     SB 498
       
       
       
       By Senator Baker
       
       
       
       
       20-00659-09                                            2009498__
    1                        A bill to be entitled                      
    2         An act relating to clinical, counseling, and
    3         psychotherapy services; amending s. 491.0147, F.S.;
    4         providing for a waiver of confidentiality and
    5         privileged communications when, in the clinical
    6         judgment of a person licensed or certified under ch.
    7         491, F.S., there is a clear and immediate probability
    8         of certain harm; providing immunity from liability
    9         for, and prohibiting causes of action against, such
   10         person for disclosure of otherwise confidential
   11         communications under such circumstances; providing an
   12         effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsection (3) of section 491.0147, Florida
   17  Statutes, is amended to read:
   18         491.0147 Confidentiality and privileged communications.—Any
   19  communication between any person licensed or certified under
   20  this chapter and her or his patient or client shall be
   21  confidential. This secrecy may be waived under the following
   22  conditions:
   23         (3) When, in the clinical judgment of the person licensed
   24  or certified under this chapter, there is a clear and immediate
   25  probability of physical harm to the patient or client, to other
   26  individuals, or to society and the person licensed or certified
   27  under this chapter communicates the information only to the
   28  potential victim, appropriate family member, or law enforcement
   29  or other appropriate authorities. There shall be no liability on
   30  the part of, and no cause of action of any nature shall arise
   31  against, a person licensed or certified under this chapter for
   32  the disclosure of otherwise confidential communications under
   33  this subsection.
   34         Section 2. This act shall take effect July 1, 2009.