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.