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Professional Ethics and Florida Statutes Affecting the Practice of Psychology Back to Course Index

 

Professional Ethics

and Florida Statutes Affecting

the Practice of Psychology

  

 

 

Boundaries are the framework within which the counseling relationship occurs.  Boundaries keep the relationship professional.  They set the parameters within which the client remains safe and the treatment can be effective.  They also help to protect the clinician both emotionally and legally.

Having a strong ethical compass it critical to being a good counselor.  Are your boundaries consistent?  Do they waiver based on how you feel about the client or the situation?  Do they establish healthy relationships, enabling the client to experience personal growth?

Professional issues typically include personal disclosure, limits regarding the use of touch, the tone of the professional relationship both in treatment and with the chance meeting in public, fee setting, projected length of sessions, the limits of the relationship and ultimately end “all things ethical”. 

The primary concern in establishing and managing boundaries with each individual client must be the best interests of the client. Except for behaviors of a sexual nature or obvious conflict of interest activities, boundary considerations often are not clear-cut matters of right and wrong. Rather, they are dependent upon many factors and require careful thinking through of all the issues, always keeping in mind the best interests of the client.

Many questions arise when navigating the counseling relationship.  Should a counselor date a former client?  If they can date, how long should they wait after counseling has been terminated to have a relationship?  Should the counselor terminate counseling if they begin to privately become interested in the client?  Should a therapist accept a client’s gift? 

The relationship outside of counseling, the acceptance of gifts, and the recognition of a previous or current client in public are examples of areas that could pose problems for both the therapist and the client.

Boundary issues also involve counselors and supervisors, both during academic years and post graduation on into the work force, as well as colleague situations.  Should my aunt, as a licensed professional, be able to supervise my practicum as an intern?  If my husband is a psychologist speaking for an association offering continuing education should I be able to earn contact hours if I attend?

Most state boards and all national associations have bi-laws and regulations concerning the relationships between a counselor and a client, as well as a supervisor and a counselor.  It is good counsel to make yourself aware of the regulations and then to steer clear of any inappropriate situations.  It is also a best practice to make your clients aware of the general boundaries and why they exist such as, “please understand to protect your privacy, if I see you in public I will not acknowledge you in any way.  This is not intended to offend you, but only to protect you.  This way the client will not feel slighted should the event occur. 

In this course will explore the dynamics and potential danger zones for the counseling relationship and in the mental health field. This text will explore.

 

  •         Key Concepts Regarding Dual Relationships with Clients
  •         Physical Contact and Sexual Relationships with Clients
  •         Self Disclosure
  •         Sound Decision Making and Managing Boundaries Set
  •         Emotional and Dependency Needs
  •         Professional Distance
  •         Therapeutic Styles
  •         Dynamics Which Make Therapy a Potential Setting for Boundary Violations and  Exploitation

 

Dual Relationships with Clients

 In most friendships or marriages the relationship bears some resemblance to a seesaw.  I tell you my thoughts and in turn you tell me your thoughts.  You know my faults and I learn yours.  There is a give and take of information that creates a balance.  A therapist/client relationship is not balanced.  By the nature of the relationship, one person is telling intimate details, feelings and fears and the other is not.  This intimate knowledge creates power that has to be handled professionally.  

A dual relationship exists when a therapist serves in the capacity of both therapist and at least one other role with the same client. Most commonly the second relationship is social, financial, or professional and may be concurrent or subsequent to the therapeutic relationship. The American Psychological Association reports research citing that dilemmas arising from “blurred, dual, or conflicting relationships” were the second most frequent ethical dilemma noted.  Dual relationships can also be a major basis for licensing disciplinary actions and ethics complaints against mental health professionals. 

The Code of Ethics for the American Counseling Association (ACA) strongly advises avoidance of harmful dual relationships whenever possible:

Counselors are aware of their influential positions with respect to clients, and they avoid exploiting the trust and dependency of clients. Counselors make every effort to avoid dual relationships with clients that could impair professional judgment or increase the risk of harm to clients. When a dual relationship cannot be avoided, counselors take appropriate professional precautions such as informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs. (ACA, 1995, Standard A. 6.a.)

 

The ethics code for the American Psychological Association states that multiple relationships may be unavoidable and recommends that therapists remain aware of the pimgres-1otentially harmful consequences. They recommend refraining from multiple relationships if harm may occur.

 

The ethics codes of the American Association of Marriage and Family Therapists, National Association of Social Workers, and the American Association of Pastoral Counselors recommend avoidance of multiple relationships that exploit or harm clients. All of the above codes strictly prohibit sexual activity between therapist and client. All but the AAPT code warns against superior/subordinate dual relationships such as when a therapist has an administrative, supervisory, or evaluative role with a client.

 

A window into any relationship is only as clear as the participant’s insight.  Most people see things from their point of view.  Is it wise, with one participant in a more powerful position to enter into multiple types of relationships with someone? 

 

Therapists can and should be concerned about any behavior on their part that may interfere with their ability to maintain a professional and therapeutic relationship with their clients. When roles get blurred as when the therapist and patient become personal friends, business partners, or become involved sexually it often becomes impossible for the therapist to maintain professional objectivity. Dual relationships can erode and distort the professional nature of the therapeutic relationship. They may create conflicts of interest that compromise professional judgment or create situations where the therapist is engaged in meeting his or her own social, financial, or personal needs, rather than putting the welfare of the client foremost. Dual relationships can affect the current and future benefits of therapy.

Some of the most clear cut dual and boundary problems are therapists engaging in business ventures with patients or having sexual relationships with patients or former patients.  It is clearly unethical and in most states, therapists who have sexual relationships with clients violate the law, as well as ethical standards. But these overt situations are not the only type of dual relationships.  Friendships, dating a client’s brother, or even being neighbors are also potentially hazardous situations. 

The reality of potentially overlapping relationships and the effects of overlapping relationships make for a complicated decision making process.  To determine if a relationship outside of the therapeutic realm is hazardous a professional must explore several areas. 

 

Circumstantial roles, those that occur by pure coincidence, such as running into a client at their sales job in the mall, are difficult to avoid.  They are bound to occur and this potential and how it is to be handled should be discussed in advance.  As noted earlier:  “If I see you in public, please do not be offended, but I will not approach or acknowledge you in any way to protect your confidentiality.” 

 

Shifts in professional roles include difficulties that arise when a teacher or supervisor counsels a student. There is a clear potential for difficulty with this type of dual relationship.  Personal and professional role conflicts include sexual or romantic, social, and peer-like relationships.   These personal and professional situations are fraught with danger. 

 

Some professionals use their own comfort level to gauge whether they could successfully manage the overlapping relationship. The type and severity of the clients’ presenting problems is also used as an indicator when deciding to enter a dual relationship. Therapists are more likely to enter a dual relationship if the client is seeking problem solving and would likely avoid a dual relationship with a client if they suspected a complex issue such as a personality disorder. Other therapists involve prospective clients in the decision-making process to decide if the benefits of entering into a dual relationship outweigh the risk. Keith Brownlee (1996) expresses that “Pivotal to any decision making based on the codes, are the two central principles, impaired objectivity, and risk of exploitation.

 

When a dual relationship exists it is important to minimize the risks by engaging in ongoing consultation, setting clear expectations and boundaries, informed consent, documentation. 

 

Physical Contact and Sexual Relationships with Clients

 

The achievement of trust is possible in a therapeutic relationship because there is no fear of losing “self” in establishing a connection with a therapist.  Most clients come to the situation with a vulnerable self.   Intimacy for these individuals can easily lead to abuse if those with whom they relate prove untrustworthy. 

 

Many therapeutic styles involve the healing touch.  Hugging a client when they enter the office, holding their hand through difficult sessions or placing a hand on their shoulder when they are crying can all be ways of expressing interest and concern.  They can connect and solidify the helping relationship.  They can also be abused, misunderstood and damaging.  This issue forces counselors to examine the heart of the therapeutic process: the counseling relationship.

 

It is doubtful that most therapists set out to exploit their clients.  When a counseling relationship turns into a romantic relationship the professional will often say, I can’t help whom I fell in love with.  This type of violation is more of a process than a single event.  Yet when professionals deny or remain unaware of their personal significance, power, or authority they will begin the process of boundary violation. Any time a professional exploits a relationship to meet personal needs rather than the needs of the client, even if not consciously done, the boundaries have been crossed and the professional is responsible.

 

There is clear consensus among the professional associations that concurrent sexual and professional relationships are unethical and in many states also illegal. Many of the associations agree that a sexual relationship cannot later be converted into a therapeutic relationship.

 

Ethical codes vary in their requirements about the length of time that must pass for another “significantly different” relationship, especially a sexual one, to be permissible (Herlihy & Corey, 1992). Although most codes prohibit the counselor from having a sexual relationship with a current client, variation occurs in the prohibition of such a relationship with former clients and the length of time that must pass for such a relationship to be permissible (American Counseling Association, 1995; National Association of Alcoholism and Drug Abuse Counselors, 1995).

 

All the major professional associations agree that sexual contact less than two years after termination of the professional relationship is unethical. If a sexual relationship occurs after a two-year interval, the burden rests with the therapist to demonstrate that there has been no exploitation. Considerations include: amount of time that has passed since termination; nature and duration of therapy; circumstances surrounding termination; client’s personal history; client’s mental status; and any statements or actions by the therapist suggesting a romantic relationship after terminating the professional relationship.

There is disagreement among practitioners about whether a sexual relationship initiated after termination is ever ethical. Some maintain that “once a client, always a client.” The transference elements of the therapeutic relationship persist forever, and therefore, many professionals consider romantic relationships with former clients unethical.

 

After having various standards for a number of years, the American Psychiatric Association went from a “nearly never OK” standard to an absolute “never OK” standard. 

 

The National Association of Social Workers code prohibits sex with former clients in section 1.09, but states that if a social worker claims an exception, the full burden is on them to demonstrate “…that the former client has not been exploited, coerced, or manipulated, intentionally or unintentionally.” The codes also ban sexual contact with clients’ relatives or close personal friends where there is a potential to harm the client, but it is not clear whether this extends to a former clients’ relatives and friends.

 

The American Association for Marriage & Family Therapy has forbidden sex for 2 years after termination. This applies to either spouse or any family member who is seen in even a single session of marital or family therapy.

 

The American. Association for Pastoral Counseling has a prohibition of no sex for two years following termination of the counseling.

 

The American Psychological Association created an absolute prohibition for two years following termination of therapy. Even in relationships which begin after 2 years the psychologist has the burden of showing there has been no exploitation, in light of “relevant factors, including (1) the amount of time that has passed since therapy terminated, (2) the nature and duration of the therapy, (3) the circumstances of the termination, (4) the patient’s or client’s personal history, (5) the patient’s or client’s current mental status, (6) the likelihood of adverse impact on the patient or client and others, and (7) any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the patient or client.”. A few standards are provided for terminating: unless precluded by the client’s conduct, “…the psychologist discusses the patient’s or client’s views and needs, provides appropriate pre-termination counseling, suggests alternative service providers as appropriate, and takes other reasonable steps to facilitate transfer of responsibility to another provider if the patient or client needs one immediately.

 

The above-mentioned associations are not meant to be finite standards.  It is recommended that each professional explore their association’s codes.  State licensure laws or certification laws in each state may also include codes of conduct, which define the post-termination relationship with a former client or patient. Most codes adopt the ethical standards of the major national professional organization for that profession. However, in some states such as Florida, the standards may be more stringent. For example, the Board of Licensure of Psychologists in Florida has a rule that for the purpose of evaluating a case of therapist-client sex, the therapeutic relationship “…is deemed to exist in perpetuity.” This was the first “never OK” rule.

 

Although sexual relationships are clearly defined there are many other forms of physical contact that many professionals utilize in their therapeutic modalities.  Professionals have argued that the increased sensitivity to physical contact with clients inhibits counseling.  In Neuro Linguistic Programming, anchoring is done by applying gentle pressure to a part of the client’s body, such as the top of the knee.  Reaching out to touch someone on the hand is a common gesture showing concern and support.  It is difficult and sad to think an innocent gesture of support could be misunderstood or potentially hazardous. 

 

Transference and counter transference can lead to harmful situations.  Intense friendships which confuse the counseling or make the client unnecessarily dependent on the helper can be very damaging to a client.  Even romantic “game playing” can be quite distracting and harmful. Even without overt sexual contact, boundary breakdowns can lead to damages similar to those seen when the relationship becomes sexual (Schoener et. al., 1989, pp. 133-147; Simon, 1991) These damages can include:

 

  •         The failure to render needed therapy — undermining what good work may have been done;
  •         Failure to refer for other services — the psychotherapist “hanging on” to the client and trying to provide for all of his or her needs;
  •         Creation of unhealthy dependency which is difficult to resolve;
  •         Confusing the client about what is therapy and what is personal;
  •         Breach of trust — client distrusting professionals as a result of the corruption of the therapy;
  •         In some instances, interference in family relationships, friendships, etc.
  •         Anger, loss of self-esteem, depression, and other psychological distress.

 

To Prevent and Avoid Sexual Misconduct: 

1. Respect cultural differences and be aware of the sensitivities of individual clients.

2. Do not use gestures, tone of voice, expressions, or any other behaviors which clients may interpret as seductive, sexually demeaning, or as sexually abusive.

3. Do not make sexualized comments about a client’s body or clothing.

4. Do not make sexualized or sexually demeaning comments to a client.

5. Do not criticize a client’s sexual preference.

6. Do not ask details of sexual history or sexual likes/dislikes unless directly related to the purpose of the consultation.

7. Do not request a date with a client.

8. Do not engage in inappropriate ‘affectionate’ behavior with a client such as hugging or kissing. Do offer appropriate supportive contact when warranted.

9. Do not engage in any contact that is sexual, from touching to intercourse.

10. Do not talk about your own sexual preferences, fantasies, problems, activities or performance.

11. Learn to detect and deflect seductive clients and to control the therapeutic setting.

12. Maintain good records that reflect any intimate questions of a sexual nature and document any and all comments or concerns made by a client relative to alleged sexual abuse, and any other unusual incident that may occur during the course of, or after an appointment.

 

 

Self-Disclosure 

 

How much of themselves, if anything, should effective counselors reveal to clients? Does self-disclosure by the therapist help the therapeutic process or interfere with clients’ needs? Self-Disclosure to some degree is an almost universal behavior for counselors to use with the clients.  Up to 70% of therapists have used some degree of self-disclosure in their practice. 

 

Even therapists who are uncomfortable with the idea of talking about themselves during sessions often believe that it is impossible for a therapist to be completely anonymous to their clients. After all, everything the psychologist says or does is revealing in some way to the patient. Further, an over-emphasis on this can be troubling or even damaging to the client. The client may begin to feel self-conscious about his or her own revelations or feel judged or disliked by the therapist.

 

A research study reported in The Journal of Consulting and Clinical Psychology supports appropriate self-disclosure.  Researchers from the University of Pennsylvania’s Center for Psychotherapy Research studied clients and therapists-in-training who had randomly been asked to make revelations about themselves during the course of therapy or not. The study authors found that the clients whose therapists were willing to talk about themselves or offer opinions felt more secure in the counseling process and liked their therapists better than participants whose therapists were not offering any information about themselves. The therapist’s use of self-disclosure demystifies both the therapist and the client. It allows more of the client’s essence to come out and allows the interaction to become more of a dialogue.

 

In a group setting, group leaders can use self-disclosure, just like other members of the group, to become part of the genuine flow of communication.  They openly share their thoughts and feelings in a thoughtful and accountable manner, respond to others authentically, and acknowledge or refute motives and feelings attributed to them. They can demonstrate respect for the feedback group members offer them.

 

Appropriate Self-disclosure is done for the purpose of helping the client.  Some common situations in which a therapist would be justified in making a self-disclosure include:

 

  •         The disclosure is made for the purposes of the patient not the therapist.
  •         The disclosure is that type that should be made to a patient with a certain type of disorder.  For example, if a patient is suffering from depression, the disclosure that the therapist had suffered from depression in the past might help the patient by giving him insight into the fact that a person suffering from depression can get past it. 

 

Ultimately, the appropriateness of a therapist’s self-disclosure comes down to the question of whether it was made with the patient’s best interests at heart.

 

Excessive therapist self-disclosure, however, is the most common boundary violation.  Although it does not always lead into, it is also a frequent precursor to sexual involvement with clients, as well as a number of other therapeutic mistakes. 

 

Disclosing personal information can seem very natural and as noted can be helpful to the client and the therapeutic process.  It can be done with the intent to show that the client is not alone in their specific situation or to encourage positive behaviors. 

 

Therapist self-disclosure is problematic when it involves:

  •         Disclosing current personal needs or problems
  •         Disclosure as a common, rather than rare event, during sessions
  •        Disclosing things not clearly connected to client’s problems or experiences; or not clearly things which would be likely to encourage or support client
  •         Self-disclosure is not only frequent, but uses up more than a few minutes in a session
  •         Self-disclosure occurs despite apparent client confusion or romantization

 

 

Sound Decision Making

 

One of the easiest gauges to use to determine if you are making good boundary decisions is to ask yourself, how would I feel if I woke up tomorrow morning and this was broadcast on the front page of the Newspaper in my hometown?  David, A Therapist in Walnut Cove, Was Supervised During His Practicum For Licensure By His Aunt Who Is Also In The Industry.  If the thought of this headline being read by your colleagues, neighbors, friends and family doesn’t leave you with a confident feeling then it probably is not a secure boundary decision.  Don’t do anything that you would not want to see on the front page of the newspaper. 

 

A second way to explore the relationship is to look for ways that this could jeopardize the counseling and the client.  For example, you are seeing Jessica who is nine years old and very upset over her parents pending divorce.  Her mother has brought her in for regular sessions for 4 months.  On one afternoon, her father comes to pick her up after her session and sparks ignite between the two of you.  It is likely not in the best interest of Jessica for the counselor with whom she has been trusting with her broken family to begin dating her father who is divorcing her mother.  Ask yourself, can I potentially see how this could negatively affect my client?

 

As seen the decision making process is at times set in place by associations and state laws, always should be in agreement with our morals and by who we want to be and be seen as, and many times a gray area that each professional must navigate by how they feel about the situation.  Many professionals feel differently based on the circumstances. An example of this is that some counselors accept gifts from their clients, some do not.

Beyond the specifics set forth in an association code or state licensing law, the counselor is left to navigate the waters.  Ultimately though, make no mistake; it is the counselor’s responsibility to cause no harm to the client.  The counselor is the sound, stable, professional in the scenario.

 

Emotional and Dependency Needs

 

It is crucial for a counselor to maintain good awareness of their own emotional and dependency needs so as to not reverse the therapeutic process for their own gain. 

 

Using excessive self-disclosure, romantic encounters-whether brought to fruition or just perpetuating a clients flirtation out of your own desire to be flattered, or financial dealings that can be seen as an exploitive are in opposition to the true goals of therapy.

It is a very dangerous power position to be in if the therapist cannot see
how he is getting his own needs met by using his position. The use of ongoing supervision can be effective here. 

 

Professional Distance

To be a successful counselor an individual needs good personal boundaries, as well.This means allowing clients to be responsible for their own decisions and actions and allowing them to experience the consequences.Professional distance does not mean that a counselor should be cold and uninvolved, but it is important the client works as hard as the counselor and the client owns the issue.Burn out in the mental health field is a major issue.Over involvement on an emotional level can cause therapists to lose their objectivity.They cannot exercise proper judgment in their dealings with those with whom they are seeking to help.There are many steps in establishing health professional distance, to explore a few:

  • Allow clients to participate in identifying the goals of treatment.
  • Identify resources in the community that meet specific needs for the clients so that the client can benefit from several support systems such as community projects and church groups with similar interests.
  • Help clients to accurately evaluate their options and to see progress-establish benchmarks for measuring growth.
  • Help clients develop strategies for handling problems outside of and between sessions.
Therapeutic Styles 


People who grow up in dysfunctional families tend to believe they are not allowed to have personal boundaries. This personal boundary, essentially the line that divides me from you, has been debated for decades by the different treatment modalities.Freud, although he thought that a therapist should be a blank slate and should refrain from any self-disclosure, was known to take patients on vacation to analyze them.  D. W. Winnicott had patients living with him as part of their treatment.

Research has failed to show that practice style is the major issue in boundary breakdowns.Some who practice modalities that frown upon self-disclosure end up having sexual relations with their clients and some who use touch techniques never have issues.

Dynamics Which Make Psychotherapy a Potential Setting for Boundary Violations and Exploitation        

Many clients come into therapy vulnerable, confused and in need.Without clear boundaries I can’t tell what is your stuff and what is mine.Maintaining this line is essential to effective work.However, keeping a clear line between the client and the counselor is not easy.

Some of the reasons for the difficulty include:

  • Therapy involves a fiduciary relationship with unequal power, especially early in the relationship. The therapist sets all the rules and the therapy is conducted in private so there is little accountability.
  • Transference
  • Wishes for nurturing can emerge and be quite powerful
  • Rescue fantasies — the counter transference trap of doing a better job than someone’s parents or previous therapist/counselor;
  • Fantasy that love, or sex, are curative in and of themselves
  • Repression or disavowal of anger at client’s persistent thwarting of your therapeutic efforts
  • It is a fertile ground for acting out anger at organization, supervisor, etc.
  • Defense against grief and mourning at termination;
  • It is an unreal world — the “exception” fantasy
  • Cultural myth that the “right woman” can fix the most disordered man

 

 

Supervisory Oversight imgres-12

Some areas which require self-awareness and watchfulness by ones’ supervisors or consultants include:

  • Obvious therapist distress or upset
  • Therapeutic drift — shifting style and approach to a given client
  • Lack of goals and reflection on progress in therapy
  • Therapy which exceeds normal length for a client of that type in the particular therapist’s practice.
  • Exceeding areas of competence, reluctance or unwillingness to refer for other types of therapy, assessment, etc.
  • Unwise techniques:

oRoutine hugs

oFace to face, intimate hugs

oExcessive touch

oSessions in non-traditional setting when this isn’t necessary

oAdult clients on lap

oRoutine or common socializing with clients

oExcessive self-disclosure by therapist

oDirect intervention in client’s life

oAttraction

oOver-identification with client

oUniquely similar family dynamics

oDivorce or loss in therapist’s life

oIdentity disturbance in therapist

 

Chapters 456 and 490, F.S. and Rule Title 64B19, F.A.C.

Chapter 490, Florida Statutes,
Psychological Services

490.001 Short title.
This chapter may be cited as the “Psychological Services Act.”
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-
192; s. 4, ch. 91-429.
490.002 Intent.
The Legislature finds that as society becomes increasingly complex, emotional survival is equal in
importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of
the public, the Legislature must provide privileged communication for members of the public or
those acting on their behalf to encourage needed or desired psychological services to be sought
out. The Legislature further finds that, since such psychological services assist the public
primarily with emotional survival, which in turn affects physical and psychophysical survival, the
practice of psychology and school psychology by unqualified persons presents a danger to public
health, safety, and welfare.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 1, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-
192; s. 4, ch. 91-429.
490.003 Definitions.
As used in this chapter:
(1) “Board” means the Board of Psychology.
(2) “Department” means the Department of Health.
(3)(a) Prior to July 1, 1999, “doctoral-level psychological education” and “doctoral degree in
psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from:
1. An educational institution which, at the time the applicant was enrolled and graduated, had
institutional accreditation from an agency recognized and approved by the United States
Department of Education or was recognized as a member in good standing with the Association
of Universities and Colleges of Canada; and
2. A psychology program within that educational institution which, at the time the applicant was
enrolled and graduated, had programmatic accreditation from an accrediting agency recognized
and approved by the United States Department of Education or was comparable to such
programs.
(b) Effective July 1, 1999, “doctoral-level psychological education” and “doctoral degree in
psychology” mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from:
1. An educational institution which, at the time the applicant was enrolled and graduated, had
institutional accreditation from an agency recognized and approved by the United States
Department of Education or was recognized as a member in good standing with the Association
of Universities and Colleges of Canada; and
2. A psychology program within that educational institution which, at the time the applicant was
enrolled and graduated, had programmatic accreditation from an agency recognized and
approved by the United States Department of Education.
(4) “Practice of psychology” means the observations, description, evaluation, interpretation, and
modification of human behavior, by the use of scientific and applied psychological principles,
– 9 –
methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating
symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral
health and mental or psychological health. The ethical practice of psychology includes, but is not
limited to, psychological testing and the evaluation or assessment of personal characteristics
such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological
functioning, including evaluation of mental competency to manage one’s affairs and to participate
in legal proceedings; counseling, psychoanalysis, all forms of psychotherapy, sex therapy,
hypnosis, biofeedback, and behavioral analysis and therapy; psychoeducational evaluation,
therapy, remediation, and consultation; and use of psychological methods to diagnose and treat
mental, nervous, psychological, marital, or emotional disorders, illness, or disability, alcoholism
and substance abuse, and disorders of habit or conduct, as well as the psychological aspects of
physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis,
prognosis, etiology, and treatment.
(a) Psychological services may be rendered to individuals, couples, families, groups, and the
public without regard to place of service.
(b) The use of specific modalities within the practice of psychology is restricted to psychologists
appropriately trained in the use of such modalities.
(c) The practice of psychology shall be construed within the meaning of this definition without
regard to whether payment is requested or received for services rendered.
(5) “Practice of school psychology” means the rendering or offering to render to an individual, a
group, an organization, a government agency, or the public any of the following services:
(a) Assessment, which includes psychoeducational, developmental, and vocational assessment;
evaluation and interpretation of intelligence, aptitudes, interests, academic achievement,
adjustment, and motivations, or any other attributes, in individuals or groups, that relate to
learning, educational, or adjustment needs.
(b) Counseling, which includes short-term situation-oriented professional interaction with
children, parents, or other adults for amelioration or prevention of learning and adjustment
problems. Counseling services relative to the practice of school psychology include verbal
interaction, interviewing, behavior techniques, developmental and vocational intervention,
environmental management, and group processes.
(c) Consultation, which includes psychoeducational, developmental, and vocational assistance
or direct educational services to schools, agencies, organizations, families, or individuals related
to learning problems and adjustments to those problems.
(d) Development of programs, which includes designing, implementing, or evaluating
educationally and psychologically sound learning environments; acting as a catalyst for teacher
involvement in adaptations and innovations; and facilitating the psychoeducational development
of individual families or groups.
(6) “Provisional psychologist licensee” means a person provisionally licensed under this chapter
to provide psychological services under supervision.
(7) “Psychologist” means a person licensed pursuant to s. 490.005(1), s. 490.006, or the
provision identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida.
(8) “School psychologist” means a person licensed pursuant to s. 490.005(2), s. 490.006, or the
– 10 –
provision identified as s. 490.013(1) in s. 1, chapter 81-235, Laws of Florida.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 2, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 2, 12, 13, ch. 89-70; s. 10, ch.
90-192; s. 4, ch. 91-429; s. 190, ch. 94-218; s. 3, ch. 95-279; s. 2, ch. 97-198; s. 194, ch. 97-264.
490.004 Board of Psychology.
(1) There is created within the department the Board of Psychology, composed of seven
members appointed by the Governor and confirmed by the Senate.
(2) Five members of the board must be psychologists licensed pursuant to this chapter in good
standing in this state. The remaining two members must be citizens of the state who are not and
have never been licensed psychologists and who are in no way connected with the practice of
psychology. At least one member of the board must be 60 years of age or older.
(3) Members shall be appointed for terms of 4 years and shall serve until their successors are
appointed.
(4) The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the
provisions of this chapter.
(5) All applicable provisions of chapter 456 relating to activities of regulatory boards shall apply
to the board.
(6) The board shall maintain its official headquarters in the City of Tallahassee.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; s. 25, ch. 87-172; ss. 3, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch.
89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 191, ch. 94-218; s. 4, ch. 95-279; s. 148, ch. 98-166; s. 162, ch. 98-200; s. 207, ch.
2000-160.
490.005 Licensure by examination.
(1) Any person desiring to be licensed as a psychologist shall apply to the department to take
the licensure examination. The department shall license each applicant who the board certifies
has:
(a) Completed the application form and remitted a nonrefundable application fee not to exceed
$500 and an examination fee set by the board sufficient to cover the actual per applicant cost to
the department for development, purchase, and administration of the examination, but not to
exceed $500.
(b) Submitted proof satisfactory to the board that the applicant has:
1. Received doctoral-level psychological education, as defined in s. 490.003(3);
2. Received the equivalent of a doctoral-level psychological education, as defined in s.
490.003(3), from a program at a school or university located outside the United States of America
and Canada, which was officially recognized by the government of the country in which it is
located as an institution or program to train students to practice professional psychology. The
burden of establishing that the requirements of this provision have been met shall be upon the
applicant;
3. Received and submitted to the board, prior to July 1, 1999, certification of an augmented
doctoral-level psychological education from the program director of a doctoral-level psychology
program accredited by a programmatic agency recognized and approved by the United States
Department of Education; or
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4. Received and submitted to the board, prior to August 31, 2001, certification of a doctoral-level
program that at the time the applicant was enrolled and graduated maintained a standard of
education and training comparable to the standard of training of programs accredited by a
programmatic agency recognized and approved by the United States Department of Education.
Such certification of comparability shall be provided by the program director of a doctoral-level
psychology program accredited by a programmatic agency recognized and approved by the
United States Department of Education.
(c) Had at least 2 years or 4,000 hours of experience in the field of psychology in association
with or under the supervision of a licensed psychologist meeting the academic and experience
requirements of this chapter or the equivalent as determined by the board. The experience
requirement may be met by work performed on or off the premises of the supervising psychologist
if the off-premises work is not the independent, private practice rendering of psychological
services that does not have a psychologist as a member of the group actually rendering
psychological services on the premises.
(d) Passed the examination. However, an applicant who has obtained a passing score, as
established by the board by rule, on the psychology licensure examination designated by the
board as the national licensure examination need only pass the Florida law and rules portion of
the examination.
(2) Any person desiring to be licensed as a school psychologist shall apply to the department to
take the licensure examination. The department shall license each applicant who the department
certifies has:
(a) Satisfactorily completed the application form and submitted a nonrefundable application fee
not to exceed $250 and an examination fee sufficient to cover the per applicant cost to the
department for development, purchase, and administration of the examination, but not to exceed
$250 as set by department rule.
(b) Submitted satisfactory proof to the department that the applicant:
1. Has received a doctorate, specialist, or equivalent degree from a program primarily
psychological in nature and has completed 60 semester hours or 90 quarter hours of graduate
study, in areas related to school psychology as defined by rule of the department, from a college
or university which at the time the applicant was enrolled and graduated was accredited by an
accrediting agency recognized and approved by the Commission on Recognition of
Postsecondary Accreditation or an institution which is publicly recognized as a member in good
standing with the Association of Universities and Colleges of Canada.
2. Has had a minimum of 3 years of experience in school psychology, 2 years of which must be
supervised by an individual who is a licensed school psychologist or who has otherwise qualified
as a school psychologist supervisor, by education and experience, as set forth by rule of the
department. A doctoral internship may be applied toward the supervision requirement.
3. Has passed an examination provided by the department.
(3)(a) The board shall close the application file of any applicant who fails to pass the psychology
licensure examination and the Florida law and rules portion of the examination or who fails to
submit evidence of completion of the postdoctoral, supervised experience within a timeframe no
longer than 24 months.
(b) The board shall implement a procedure by which an applicant may apply for an extension
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beyond the required timeframe.
(c) An individual who completes the required postdoctoral training residency may continue to
practice under supervision if she or he does so in a manner prescribed by the board by rule, has
a current application on file, and no final order of denial has been issued.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; s. 91, ch. 83-329; ss. 4, 18, 19, ch. 87-252; s. 36, ch. 88-205; s. 36, ch. 88-392;
ss. 3, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 109, ch. 92-149; s. 30, ch. 94-310; s. 5, ch. 95-279; s. 3, ch. 97-198;
s. 195, ch. 97-264; s. 302, ch. 98-166; s. 162, ch. 99-397; s. 1, ch. 2008-125.

490.0051 Provisional licensure; requirements.
(1) The department shall issue a provisional psychology license to each applicant who the board
certifies has:
(a) Completed the application form and remitted a nonrefundable application fee not to exceed
$250, as set by board rule.
(b) Earned a doctoral degree in psychology as defined in s. 490.003(3).
(c) Met any additional requirements established by board rule.
(2) A provisional licensee must work under the supervision of a licensed psychologist until the
provisional licensee is in receipt of a license or a letter from the department stating that he or she
is licensed as a psychologist.
(3) A provisional license expires 24 months after the date it is issued and may not be renewed
or reissued.
History.—s. 4, ch. 97-198; s. 196, ch. 97-264.
490.006 Licensure by endorsement.
(1) The department shall license a person as a psychologist or school psychologist who, upon
applying to the department and remitting the appropriate fee, demonstrates to the department or,
in the case of psychologists, to the board that the applicant:
(a) Holds a valid license or certificate in another state to practice psychology or school
psychology, as applicable, provided that, when the applicant secured such license or certificate,
the requirements were substantially equivalent to or more stringent than those set forth in this
chapter at that time; and, if no Florida law existed at that time, then the requirements in the other
state must have been substantially equivalent to or more stringent than those set forth in this
chapter at the present time;
(b) Is a diplomate in good standing with the American Board of Professional Psychology, Inc.; or
(c) Possesses a doctoral degree in psychology as described in s. 490.003 and has at least 20
years of experience as a licensed psychologist in any jurisdiction or territory of the United States
within 25 years preceding the date of application.
(2) In addition to meeting the requirements for licensure set forth in subsection (1), an applicant
must pass that portion of the psychology or school psychology licensure examinations pertaining
to the laws and rules related to the practice of psychology or school psychology in this state
before the department may issue a license to the applicant.
(3) The department shall not issue a license by endorsement to any applicant who is under
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investigation in this or another jurisdiction for an act which would constitute a violation of this
chapter until such time as the investigation is complete, at which time the provisions of s. 490.009
shall apply.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 5, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 4, 12, 13, ch. 89-70; s. 10, ch.
90-192; s. 4, ch. 91-429; s. 6, ch. 95-279; s. 163, ch. 99-397.
490.007 Renewal of license.
(1) The department or, in the case of psychologists, the board shall prescribe by rule a method
for the biennial renewal of a license at a fee set by rule, not to exceed $500.
(2) Each applicant for renewal shall present satisfactory evidence that, in the period since the
license was issued, the applicant has completed continuing education requirements set by rule of
the department or, in the case of psychologists, by rule of the board. Not more than 25 hours of
continuing education per year shall be required.
History.—ss. 1, 3, ch. 81-235; s. 102, ch. 83-218; ss. 1, 3, ch. 83-265; s. 116, ch. 83-329; ss. 6, 18, 19, ch. 87-252; s. 36, ch. 88-
392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 110, ch. 92-149; s. 286, ch. 94-119.
490.0085 Continuing education; approval of providers, programs, and courses; proof of
completion.
(1) Continuing education providers, programs, and courses shall be approved by the
department or, in the case of psychologists, the board.
(2) The department or, in the case of psychologists, the board has the authority to set a fee not
to exceed $500 for each applicant who applies for or renews provider status. Such fees shall be
deposited into the Medical Quality Assurance Trust Fund.
(3) Proof of completion of the required number of hours of continuing education shall be
submitted to the department in the manner and time specified by rule and on forms provided by
the department.
(4) The department or, in the case of psychologists, the board shall adopt rules and guidelines
to administer and enforce the provisions of this section.
History.—ss. 1, 2, ch. 84-168; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s.
111, ch. 92-149; s. 7, ch. 95-279; s. 164, ch. 99-397.
490.009 Discipline.
(1) The following acts constitute grounds for denial of a license or disciplinary action, as
specified in s. 456.072(2):
(a) Attempting to obtain, obtaining, or renewing a license under this chapter by bribery or
fraudulent misrepresentation or through an error of the board or department.
(b) Having a license to practice a comparable profession revoked, suspended, or otherwise
acted against, including the denial of certification or licensure by another state, territory, or
country.
(c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction
which directly relates to the practice of his or her profession or the ability to practice his or her
profession. A plea of nolo contendere creates a rebuttable presumption of guilt of the underlying
criminal charges. However, the board shall allow the person who is the subject of the disciplinary
proceeding to present any evidence relevant to the underlying charges and circumstances
– 14 –
surrounding the plea.
(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the
representation that beneficial results from any treatment will be guaranteed.
(e) Advertising, practicing, or attempting to practice under a name other than one’s own.
(f) Maintaining a professional association with any person who the applicant or licensee knows,
or has reason to believe, is in violation of this chapter or of a rule of the department or, in the case
of psychologists, of the department or the board.
(g) Knowingly aiding, assisting, procuring, or advising any nonlicensed person to hold himself or
herself out as licensed under this chapter.
(h) Failing to perform any statutory or legal obligation placed upon a person licensed under this
chapter.
(i) Willfully making or filing a false report or record; failing to file a report or record required by
state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing
another person to make or file a false report or record or to impede or obstruct the filing of a
report or record. Such report or record includes only a report or record which requires the
signature of a person licensed under this chapter.
(j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or
receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to
another provider of mental health care services or to a provider of health care services or goods;
referring a patient or client to oneself for services on a fee-paid basis when those services are
already being paid for by some other public or private entity; or entering into a reciprocal referral
agreement.
(k) Committing any act upon a patient or client which would constitute sexual battery or which
would constitute sexual misconduct as defined in s. 490.0111.
(l) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any
profession licensed under this chapter.
(m) Soliciting patients or clients personally, or through an agent, through the use of fraud,
intimidation, undue influence, or a form of overreaching or vexatious conduct.
(n) Failing to make available to a patient or client, upon written request, copies of test results,
reports, or documents in the possession or under the control of the licensee which have been
prepared for and paid for by the patient or client.
(o) Failing to respond within 30 days to a written communication from the department
concerning any investigation by the department or to make available any relevant records with
respect to any investigation about the licensee’s conduct or background.
(p) Being unable to practice the profession for which he or she is licensed under this chapter
with reasonable skill or competence as a result of any mental or physical condition or by reason
of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance.
In enforcing this paragraph, upon a finding by the State Surgeon General, the State Surgeon
General’s designee, or the board that probable cause exists to believe that the licensee is unable
to practice the profession because of the reasons stated in this paragraph, the department shall
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have the authority to compel a licensee to submit to a mental or physical examination by
psychologists or physicians designated by the department or board. If the licensee refuses to
comply with the department’s order, the department may file a petition for enforcement in the
circuit court of the circuit in which the licensee resides or does business. The licensee shall not be
named or identified by initials in the petition or in any other public court records or documents,
and the enforcement proceedings shall be closed to the public. The department shall be entitled
to the summary procedure provided in s. 51.011. A licensee affected under this paragraph shall
be afforded an opportunity at reasonable intervals to demonstrate that he or she can resume the
competent practice for which he or she is licensed with reasonable skill and safety to patients.
(q) Performing any treatment or prescribing any therapy which, by the prevailing standards of
the mental health professions in the community, would constitute experimentation on human
subjects, without first obtaining full, informed, and written consent.
(r) Failing to meet the minimum standards of performance in professional activities when
measured against generally prevailing peer performance, including the undertaking of activities
for which the licensee is not qualified by training or experience.
(s) Delegating professional responsibilities to a person whom the licensee knows or has reason
to know is not qualified by training or experience to perform such responsibilities.
(t) Violating a rule relating to the regulation of the profession or a lawful order of the department
previously entered in a disciplinary hearing.
(u) Failing to maintain in confidence a communication made by a patient or client in the context
of such services, except as provided in s. 490.0147.
(v) Making public statements which are derived from test data, client contacts, or behavioral
research and which identify or damage research subjects or clients.
(w) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(2) The department, or in the case of psychologists, the board, may enter an order denying
licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or
licensee who is found guilty of violating any provision of subsection (1) of this section or who is
found guilty of violating any provision of s. 456.072(1).
History.—ss. 1, 3, ch. 81-235; s. 35, ch. 83-215; ss. 1, 3, ch. 83-265; s. 9, ch. 84-203; ss. 8, 18, 19, ch. 87-252; s. 36, ch. 88-392;
ss. 6, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 112, ch. 92-149; s. 8, ch. 95-279; s. 228, ch. 96-410; s. 1135, ch. 97-
103; s. 6, ch. 97-198; s. 198, ch. 97-264; s. 150, ch. 98-166; s. 209, ch. 2000-160; s. 52, ch. 2001-277; s. 27, ch. 2005-240; s. 102,
ch. 2008-6.
490.0111 Sexual misconduct.
Sexual misconduct by any person licensed under this chapter, in the practice of her or his
profession, is prohibited. Sexual misconduct shall be defined by rule.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 9, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-
192; s. 4, ch. 91-429; s. 502, ch. 97-103.
490.012 Violations; penalties; injunction.
(1)(a) No person shall hold herself or himself out by any professional title, name, or description
incorporating the word “psychologist” unless such person holds a valid, active license as a
psychologist under this chapter.
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(b) No person shall hold herself or himself out by any professional title, name, or description
incorporating the words “school psychologist” unless such person holds a valid, active license as
a school psychologist under this chapter or is certified as a school psychologist by the
Department of Education.
(c) No person shall hold herself or himself out by any title or description incorporating the words,
or permutations of them, “psychology,” “psychological,” or “psychodiagnostic,” or describe any
test or report as psychological, unless such person holds a valid, active license under this chapter
or is exempt from the provisions of this chapter.
(d) No person shall hold herself or himself out by any title or description incorporating the word,
or a permutation of the word, “psychotherapy” unless such person holds a valid, active license
under chapter 458, chapter 459, chapter 490, or chapter 491, or such person is certified as an
advanced registered nurse practitioner, pursuant to s. 464.012, who has been determined by the
Board of Nursing as a specialist in psychiatric mental health.
(e) No person licensed or provisionally licensed pursuant to this chapter shall hold herself or
himself out by any title or description which indicates licensure other than that which has been
granted to her or him.
(2)(a) A licensed psychologist shall conspicuously display the valid, active license issued by the
department or a true copy thereof at each location at which the licensee practices his or her
profession.
(b) A licensed psychologist shall include the words “licensed psychologist” on all professional
advertisements, including, but not limited to, advertisements in any newspaper, magazine, other
print medium, airwave or broadcast transmission, or phone directory listing purchased by or on
behalf of a person licensed according to this chapter.
(3)(a) A person provisionally licensed under this chapter as a provisional psychologist licensee
shall conspicuously display the valid provisional license issued by the department or a true copy
thereof at each location at which the provisional licensee is providing services.
(b) A provisional psychologist licensee shall include the words “provisional psychologist
licensee” on all promotional materials, including cards, brochures, stationery, advertisements, and
signs, naming the provisional licensee.
(4) Any person who violates any provision of this section, except for subsections (2) and (3),
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who violates any provision of subsection (2) or subsection (3) is subject to disciplinary
action under s. 490.009.
(5) The department may institute appropriate proceedings to enjoin violation of subsection (1).
(6) No person shall practice psychology in this state, as such practice is defined in s.
490.003(4), for compensation, unless such person holds an active, valid license to practice
psychology issued pursuant to this chapter. Nothing in this subsection shall be construed to limit
the practice of school psychology, as such practice is defined in s. 490.003(5).
(7) No person shall practice school psychology in this state, as such practice is defined in s.
490.003(5), for compensation, unless such person holds an active, valid license to practice school
psychology issued pursuant to this chapter.
– 17 –
(8) A person may not practice juvenile sexual offender therapy in this state, as the practice is
defined in s. 490.0145, for compensation, unless the person holds an active license issued under
this chapter and meets the requirements to practice juvenile sexual offender therapy. An
unlicensed person may be employed by a program operated by or under contract with the
Department of Juvenile Justice or the Department of Children and Families if the program
employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s.
491.0144 who manages or supervises the treatment services.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 10, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 8, 12, 13, ch. 89-70; s. 10, ch.
90-192; s. 3, ch. 90-263; s. 4, ch. 91-429; s. 113, ch. 92-149; s. 503, ch. 97-103; s. 7, ch. 97-198; s. 199, ch. 97-264; s. 2, ch. 98-
158; s. 125, ch. 2001-277; s. 273, ch. 2014-19; s. 68, ch. 2018-106; s. 70, ch. 2018-110.
490.0121 Licensed school psychologists; private sector services.
It shall not be a violation of s. 112.313(7) for a licensed school psychologist employed by a school
district to provide private sector services to students within that district if:
(1) The parent, guardian, or adult client is informed in writing prior to provision of services of
their eligibility for such free services from the school district.
(2) The client is not a student of the schools to which the school psychologist is currently
assigned.
(3) The parent, guardian, or adult client is informed that, as a dual practitioner, the school
psychologist may not function as an independent evaluator.
(4) The school psychologist does not promise 24-hour service or on-call services and does not
engage in private practice during hours of contracted employment.
(5) The school psychologist does not use his or her position within a school district to offer
private services or to promote a private practice.
(6) The school psychologist does not utilize tests, materials, or services belonging to the school
district.
History.—s. 116, ch. 92-149; s. 504, ch. 97-103.
490.014 Exemptions.
(1)(a) No provision of this chapter shall be construed to limit the practice of physicians licensed
pursuant to chapter 458 or chapter 459 so long as they do not hold themselves out to the public
as psychologists or use a professional title protected by this chapter.
(b) No provision of this chapter shall be construed to limit the practice of nursing, clinical social
work, marriage and family therapy, mental health counseling, or other recognized businesses or
professions, or to prevent qualified members of other professions from doing work of a nature
consistent with their training, so long as they do not hold themselves out to the public as
psychologists or use a title or description protected by this chapter. Nothing in this subsection
shall be construed to exempt any person from the provisions of s. 490.012.
(2) No person shall be required to be licensed or provisionally licensed under this chapter who:
(a) Is a salaried employee of a government agency; a developmental disability facility or
program; a mental health, alcohol, or drug abuse facility operating under chapter 393, chapter
394, or chapter 397; the statewide child care resource and referral network operating under s.
1002.92; a child-placing or child-caring agency licensed pursuant to chapter 409; a domestic
– 18 –
violence center certified pursuant to chapter 39; an accredited academic institution; or a research
institution, if such employee is performing duties for which he or she was trained and hired solely
within the confines of such agency, facility, or institution, so long as the employee is not held out
to the public as a psychologist pursuant to s. 490.012(1)(a).
(b) Is a salaried employee of a private, nonprofit organization providing counseling services to
children, youth, and families, if such services are provided for no charge, if such employee is
performing duties for which he or she was trained and hired, so long as the employee is not held
out to the public as a psychologist pursuant to s. 490.012(1)(a).
(c) Is a student who is pursuing a course of study which leads to a degree in medicine or a
profession regulated by this chapter who is providing services in a training setting, provided such
activities or services constitute part of a supervised course of study, or is a graduate
accumulating the experience required for any licensure under this chapter, provided such
graduate or student is designated by a title such as “intern” or “trainee” which clearly indicates the
in-training status of the student.
(d) Is certified in school psychology by the Department of Education and is performing
psychological services as an employee of a public or private educational institution. Such
exemption shall not be construed to authorize any unlicensed practice which is not performed as
a direct employee of an educational institution.
(e) Is not a resident of the state but offers services in this state, provided:
1. Such services are performed for no more than 5 days in any month and no more than 15
days in any calendar year; and
2. Such nonresident is licensed or certified by a state or territory of the United States, or by a
foreign country or province, the standards of which were, at the date of his or her licensure or
certification, equivalent to or higher than the requirements of this chapter in the opinion of the
department or, in the case of psychologists, in the opinion of the board.
(f) Is a rabbi, priest, minister, or member of the clergy of any religious denomination or sect
when engaging in activities which are within the scope of the performance of his or her regular or
specialized ministerial duties and for which no separate charge is made, or when such activities
are performed, with or without charge, for or under the auspices or sponsorship, individually or in
conjunction with others, of an established and legally cognizable church, denomination, or sect,
and when the person rendering service remains accountable to the established authority thereof.
(3) No provision of this chapter shall be construed to limit the practice of any individual who
solely engages in behavior analysis so long as he or she does not hold himself or herself out to
the public as possessing a license issued pursuant to this chapter or use a title or description
protected by this chapter.
(4) Nothing in this section shall exempt any person from the provisions of s. 490.012(1)(a)-(b).
(5) Except as stipulated by the board, the exemptions contained in this section do not apply to
any person licensed under this chapter whose license has been suspended or revoked by the
board or another jurisdiction.
History.—ss. 1, 3, ch. 81-235; s. 36, ch. 82-179; s. 40, ch. 83-216; ss. 1, 3, ch. 83-265; s. 92, ch. 83-329; ss. 11, 18, 19, ch. 87-
252; s. 36, ch. 88-392; ss. 9, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 90-263; s. 4, ch. 91-429; s. 114, ch. 92-149; s. 33, ch.
93-39; s. 9, ch. 95-279; s. 505, ch. 97-103; s. 8, ch. 97-198; s. 200, ch. 97-264; s. 156, ch. 98-403; s. 126, ch. 2001-277; s. 62, ch.
2006-227; s. 24, ch. 2010-210; s. 26, ch. 2013-252.
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490.0141 Practice of hypnosis.
A licensed psychologist who is qualified as determined by the board may practice hypnosis as
defined in s. 485.003(1). The provisions of this chapter may not be interpreted to limit or affect the
right of any person qualified pursuant to chapter 485 to practice hypnosis pursuant to that chapter
or to practice hypnosis for nontherapeutic purposes, so long as such person does not hold herself
or himself out to the public as possessing a license issued pursuant to this chapter or use a title
protected by this chapter.
History.—ss. 2, 3, ch. 84-168; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429;
ss. 115, 127, ch. 92-149; s. 2, ch. 95-279; s. 506, ch. 97-103; s. 210, ch. 2000-160.
490.0143 Practice of sex therapy.
Only a person licensed by this chapter who meets the qualifications set by the board may hold
himself or herself out as a sex therapist. The board shall define these qualifications by rule. In
establishing these qualifications, the board may refer to the sexual disorder and sexual
dysfunction sections of the most current edition of the Diagnostic and Statistical Manual of the
American Psychiatric Association or other relevant publications.
History.—ss. 12, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 507, ch. 97-103.
490.0145 The practice of juvenile sexual offender therapy.
Only a person licensed by this chapter who meets the qualifications set by the board may hold
himself or herself out as a juvenile sexual offender therapist, except as provided in s. 491.0144.
These qualifications shall be determined by the board. The board shall require training and
coursework in the specific areas of juvenile sexual offender behaviors, treatments, and related
issues. In establishing these qualifications, the board may refer to the sexual disorder and
dysfunction sections of the most current edition of the Diagnostic and Statistical Manual of the
American Psychiatric Association, Association for the Treatment of Sexual Abusers Practitioner’s
Handbook, or other relevant publications.
History.—s. 3, ch. 98-158.
490.0147 Confidentiality and privileged communications.
Any communication between any person licensed under this chapter and her or his patient or
client shall be confidential. This privilege may be waived under the following conditions:
(1) When the person licensed under this chapter is a party defendant to a civil, criminal, or
disciplinary action arising from a complaint filed by the patient or client, in which case the waiver
shall be limited to that action.
(2) When the patient or client agrees to the waiver, in writing, or when more than one person in
a family is receiving therapy, when each family member agrees to the waiver, in writing.
(3) When there is a clear and immediate probability of physical harm to the patient or client, to
other individuals, or to society and the person licensed under this chapter communicates the
information only to the potential victim, appropriate family member, or law enforcement or other
appropriate authorities.
History.—ss. 13, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 508, ch. 97-103.
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490.0148 Psychologist and school psychologist records.
Each psychologist and school psychologist who provides services as defined in this chapter shall
maintain records. The board or, in the case of a school psychologist, the department may adopt
rules defining the minimum requirements for such records, including content, length of time such
records shall be maintained, and transfer of such records or of a summary of such records, or
both, to a subsequent treating practitioner or other individual with the written consent of the client
or clients.
History.—s. 117, ch. 92-149.
490.0149 Specialties.
(1) As used in this section, the term “certified psychology specialist,” “board-certified psychology
specialist,” or “psychology diplomate” means a psychologist with recognized special competency
acquired through an organized sequence of formal education, training, experience, and
professional standing that is recognized by a certifying body approved by the board pursuant to
criteria adopted under subsection (3).
(2) A person licensed as a psychologist may not hold himself or herself out as a certified
psychology specialist, board-certified psychology specialist, or psychology diplomate unless the
person has received formal recognition from an approved certifying body.
(3) The board shall adopt rules to establish criteria for approval of certifying bodies that provide
certification for specialties in psychology as provided in subsection (1). The criteria shall include
that a certifying body:
(a) Be national in scope, incorporate standards of the profession, and collaborate closely with
organizations related to specialization in psychology.
(b) Have clearly described purposes, bylaws, policies, and procedures.
(c) Have established standards for specialized practice of psychology.
(d) Provide assessments that include the development and implementation of an examination
designed to measure the competencies required to provide services that are characteristic of the
specialty area.
(4) A person licensed as a psychologist under this chapter may indicate the services he or she
offers and may indicate that his or her practice is limited to one or more types of services when
this accurately reflects his or her scope of practice.
History.—s. 1, ch. 2006-209.
490.015 Duties of the department.
(1) All functions reserved to boards under chapter 456 shall be exercised by the department
with respect to the regulation of school psychologists and in a manner consistent with the
exercise of its regulatory functions.
(2) The department shall adopt rules to implement the provisions of this chapter.
History.—ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 14, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch.
90-192; s. 4, ch. 91-429; s. 151, ch. 98-166; s. 211, ch. 2000-160.
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PART B:
Chapter 64B19,
Florida Administrative Code,
Psychology
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CHAPTER 64B19
FLORIDA ADMINISTRATIVE CODE
BOARD OF PSYCHOLOGY
64B19-10 General Organization and Procedures; Delegation of Functions.
64B19-11 Applications, Examinations, Criteria for Licensure.
64B19-12 Fees.
64B19-13 License Renewal, Continuing Education.
64B19-14 Retired Status License.
64B19-15 Inactive Licenses.
64B19-16 Investigators, Probable Cause Panel, Reconsideration of Probable
Cause, Sexual Misconduct.
64B19-17 Discipline.
64B19-18 Scope of Practice, Consent, Forensic Evaluations to Address Matters
Relating to Child Custody.
64B19-19 Psychological Records and Confidentiality.
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CHAPTER 64B19-10
GENERAL ORGANIZATION AND PROCEDURES; DELEGATION OF FUNCTIONS
64B19-10.006 Meetings and Compensation.
64B19-10.014 Attendance at Board Meetings.
64B19-10.015 Public Comment.
64B19-10.006 Meetings and Compensation.
For the purposes of Board member compensation pursuant to Section 456.011(4), F.S., “other
business involving the Board” is defined to include:
(1) Board meetings;
(2) Meetings of committees of the Board;
(3) Attendance at any meeting of a Board member with Department staff or contractors of the
Department at the Department or the Board’s request;
(4) Meetings attended by a Board member at the request of the Department or the Board;
(5) Probable cause panel meetings;
(6) Meetings of the Association of State and Provincial Psychology Boards or other state,
regional or national organizations attended by a Board member at the request of the Department
or the Board dealing with issues pertaining to state licensure or discipline of psychologists;
(7) Legislative or legislative committee meetings.
Rulemaking Authority 456.011(4), 490.004(4) FS. Law Implemented 456.011(3), (4) FS. History–New 1-17-82, Formerly 21U10.06, Amended 7-18-88, Formerly 21U-10.006, Amended 6-14-94, Formerly 61F13-10.006, Amended 1-7-96, 6-26-97, Formerly
59AA-10.006.
64B19-10.014 Attendance at Board Meetings.
(1) Board members shall attend all regularly scheduled Board meetings unless prevented from
doing so by reason of court order, subpoena, business with a court which has the sole prerogative
of setting the date of such business, death of a family member, illness of the Board member, or
hospitalization of the member’s immediate family.
(2) No Board member may be absent from three consecutive regularly scheduled Board
meetings unless the absence is excused for one of the reasons stated in subsection (1), of this
rule. An absence for any reason other than the reasons stated in subsection (1), constitutes an
unexcused absence for the purpose of declaring a vacancy on the Board. An otherwise excused
absence is not excused if the Board member fails to notify the Board office of the impending
absence prior to the regularly scheduled Board meeting at which the absence will occur or unless
the failure to notify the Board office is the result of circumstance surrounding the reason for the
absence which the Board itself excuses after the absence has occurred.
(3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws.
(4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings,
– 26 –
grandchildren, and grandparents.
Rulemaking Authority 456.011(3), (4), 490.004(4) FS. Law Implemented 456.011 FS. History–New 10-28-92, Formerly 21U10.014, 61F13-10.014, 59AA-10.014.
64B19-10.015 Public Comment.
The Board of Psychology invites and encourages all members of the public to provide comment on
matters or propositions before the Board or a committee of the Board. The opportunity to provide
comment shall be subject to the following:
(1) Members of the public will be given an opportunity to provide comment on subject matters
before the Board after an agenda item is introduced at a properly noticed board meeting.
(2) Members of the public shall be limited to five (5) minutes to provide comment. This time
shall not include time spent by the presenter responding to questions posed by Board members,
staff or board counsel. The chair of the Board may extend the time to provide comment if time
permits.
(3) Members of the public shall notify board staff in writing of his or her interest to be heard on
a proposition or matter before the Board. The notification shall identify the person or entity,
indicate its support, opposition, or neutrality, and identify who will speak on behalf of a group or
faction of persons consisting of three (3) or more persons. Any person or entity appearing before
the Board may use a pseudonym if he or she do not wish to be identified.
Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 3-16-14.
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CHAPTER 64B19-11
APPLICATIONS, EXAMINATIONS, CRITERIA FOR LICENSURE
64B19-11.001 Examination.
64B19-11.0035 Licensure by Examination: Proof Satisfactory to the Board for the
Purpose of Determining Eligibility for Examination.
64B19-11.004 Licensure by Examination: Additional Educational Requirements for
Initial licensure (Repealed).
64B19-11.005 Supervised Experience Requirements.
64B19-11.006 Incomplete Applications (Repealed).
64B19-11.0075 Application Closure After 24 Months.
64B19-11.008 Reapplication by Persons Whose Licenses Have Been Revoked by
the Board (Repealed).
64B19-11.009 Denial of Licensure.
64B19-11.010 Limited Licensure.
64B19-11.011 Provisional License; Supervision of Provisional Licensees.
64B19-11.012 Application Forms.
64B19-11.001 Examination.
(1)(a) The first part of the examination shall be the Examination for Professional Practice in
Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards.
(b) The minimum passing score on EPPP is the cut-off score provided by the national
examination provider established according to a standard setting and statistical equating methods.
Statistical equating is used to adjust for the level of difficulty of the different examination
administrations. After the statistical equating, candidates’ raw scores are converted to a scaled
score with a maximum possible score of 800. The minimum passing score shall be a scaled score
of 500.
(c) The minimum passing score on EPPP shall be 70% correct of the items scored on the
examination prior to the October 2000 examination. The minimum passing score on EPPP for the
October 2000 examination and thereafter shall be the ASPPB recommended cut-off score.
(2)(a) The second part of the licensure examination is an examination consisting of forty (40)
objective questions which test knowledge of Florida Statutes and rules relevant to the practice of
psychology in this State. The content of the examination is as follows:
SUBJECT NO. OF
QUESTIONS
1. Chapter 490, F.S.
(Psychological Services Act)
9
2. Section 90.503, F.S.
(Psychotherapist-patient privilege)
1
3. Chapter 394, Part I, F.S.
(Florida Mental Health Act)
7
4. Chapter 415, F.S.
(Protection From Abuse, Neglect, and Exploitation)
1
5. Chapter 64B19, F.A.C.
(Board of Psychology)
12
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6. Chapter 456, F.S.
(Health Professions and Occupations: General Provisions)
8
7. Chapter 39, F.S.
(Proceeding Relating to Children)
2
(b) A raw score of thirty-two (32) correct answers (80%) is necessary to pass the second part
of the licensure examination.
(3) The Board will certify as exempt from the EPPP those applicants who have taken the
Association of State and Provincial Psychology Boards’ examination in another state and obtained
a score equal to or greater than the score required in paragraph (1)(b) or (c).
(4)(a) A candidate for licensure by examination who fails to pass one part of the examination
shall only be required to retake and pass that part of the examination which was failed. The
application for re-examination of the Florida laws and rules examination shall be made on the ReExamination Application/Laws and Rules Exam form DH-MQA 1221 (revised 5/15), available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-06111, or at the Board office or at
http://floridaspsychology.gov/applications/re-examination-app-laws-and-rules.pdf, and hereby
adopted and incorporated by reference. The application for re-examination of the EPPP shall be
made on the Re-Examination Application/National Exam form DH-MQA 1222 (revised 1/14),
available from http://www.flrules.org/Gateway/reference.asp?No=Ref-04167, or at the Board office
or at http://floridaspsychology.gov/applications/re-examination-app-eppp.pdf, and hereby adopted
and incorporated by reference. Upon notice from the Department’s Testing Services Unit of an
applicant’s unsuccessful scores(s), the Board Office will send the appropriate re-examination
form(s) to the affected applicant.
(b) A passing score on the Florida laws and rules examination shall cease to be valid twentyfour (24) months after the Board’s letter to the applicant advising that the applicant has passed the
Florida laws and rules examination.
Rulemaking Authority 456.013(1), 456.017(1)(b), (c), 490.004(4) FS. Law Implemented 456.017(1)(b), (c), (6), 456.0635(2), 490.005
FS. History–New 4-4-82, Amended 7-11-84, Formerly 21U-11.03, Amended 2-19-86, 12-30-86, 3-10-87, 11-21-88, 3-5-90, 1-16-92,
Formerly 21U-11.003, Amended 6-14-94, Formerly 61F13-11.003, Amended 1-7-96, 6-26-97, Formerly 59AA-11.001, Amended 2-
21-99, 5-1-00, 1-10-01, 8-5-01, 4-26-04, 5-10-05, 2-24-10, 6-7-12, 12-25-12, 10-28-13, 11-4-13, 6-10-14, 12-3-15.
64B19-11.0035 Licensure by Examination: Proof Satisfactory to the Board for the Purpose
of Determining Eligibility for Examination.
(1) U.S. and Canadian Education.
(a) Institution: Applicant must have received a Ph.D. in Psychology, a Psy.D., or an Ed.D. in
Psychology from an institution of higher learning recognized and approved by the U.S. States
Department of Education or recognized as a member in good standing with the Association of
Universities and Colleges of Canada; and,
(b) Program: Applicant’s degree must have been obtained from a program accredited by the
American Psychological Association (APA).
(c) Proof may be provided by:
1. A true copy of the applicant’s transcript sent directly to the Board, or
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2. Electronic submission through the National Student Clearinghouse, or
3. Electronic submission through the Association of State and Provincial Psychology Board’s
(ASPPB) Mobility Program, or
4. Electronic submission through the National Register of Health Service Psychologists.
(2) International Education:
(a) Institution: Applicant’s who obtained a degree outside of the United States or Canada must
provide proof that the institution was officially recognized by the government of the country in
which it is located as an institution to train students to practice professional psychology; and,
(b) Program: An original, signed letter on official letterhead sent directly to the Board from the
director of a doctoral psychology program accredited by the accrediting agency recognized and
approved by the United States Department of Education. The letter shall state that the Applicant’s
Program is equivalent to a psychology program accredited by APA and enumerate the exact
documents that were reviewed in determining comparability.
(c) Proof of degree and internship equivalence must be provided by a Board approved
education credentials evaluation service.
Rulemaking Authority 490.004(4), 490.005(1)(b) FS. Law Implemented 490.003(3), 490.005(1)(b) FS. History–New 1-7-96,
Formerly 59AA-11.0035, Amended 12-4-97, 9-20-98, 11-24-98, 1-25-00, 10-12-11, 11-26-17, 3-15-18.
64B19-11.004 Licensure by Examination: Additional Educational Requirements for Initial
Licensure (Repealed).
Rulemaking Authority 456.013(7), 456.031, 490.004(4) FS. Law Implemented 456.013(7), 456.031 FS. History–New 8-12-90,
Amended 11-18-92, 7-14-93, Formerly 21U-11.0063, Amended 6-14-94, Formerly 61F13-11.0063, Amended 1-7-96, Formerly
59AA-11.004, Amended 8-3-97, 3-24-02, 6-26-02, 12-31-06, Repealed 2-8-16.
64B19-11.005 Supervised Experience Requirements.
The law requires 2 years or 4,000 hours of supervised experience for licensure. The Board
recognizes that the applicant’s internship satisfies 1 year or 2,000 of those hours. This rule
concerns the remaining 1 year or 2,000 hours.
(1) Definitions. Within the context of this rule, the following definitions apply:
(a) “Association” or “in association with”: the supervisory relationship between the supervisor
and the psychological resident.
(b) “Psychology Resident or Post-Doctoral Fellow.” A psychology resident or post-doctoral
fellow is a person who has met Florida’s educational requirements for licensure and intends from
the outset of the supervised experience to meet that part of the supervised experience
requirement for licensure which is not part of the person’s internship.
(c) “Supervisor.” A supervisor is either a licensed Florida psychologist in good standing with
the Board, or a doctoral-level psychologist licensed in good standing in another state or United
States territory or Canada providing supervision for licensure in that state or territory. However,
where the psychology resident or post-doctoral fellow is on active duty with the armed services of
the United States, or employed full time by the United States as a civilian psychology resident or
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post-doctoral fellow to provide services to the armed services or to a veterans administration
facility, the supervisor may be a doctoral-level psychologist licensed in good standing in any state
or territory, regardless of where the supervision is conducted.
(d) All applicants for licensure shall use the title psychology resident or post-doctoral fellow
until licensed as a psychologist.
(e) The psychology resident or post-doctoral fellow shall inform all service users of her or his
supervised status and provide the name of the supervising psychologist. Consultation reports, and
summaries shall be co-signed by the supervising psychologist. Progress notes may be co-signed
at the discretion of the supervision psychologist.
(2) Requirements and Prohibitions. All applicants for licensure must complete at least 1 year or
2,000 hours of post doctoral experience under a supervisor whose supervision comports with
subsection (3), of this rule.
(a) There may be no conflict of interest created by the supervisory association and no
relationship may exist between the supervisor and the psychological resident except the
supervisory association.
(b) A psychology resident or post-doctoral fellow may be supervised by more than one
supervisor, at more than one location. If there is more than one supervisor, each supervisor must
provide supervision in a manner that comports with subsection (3), of this rule.
(c) The post-doctoral training must include the following:
1. It averages at least twenty (20) hours a week for two years, if part-time, or forty (40) hours
per week for one year, if full-time,
2. It requires at least 900 hours in activities related to direct client contact,
3. It includes an average of at least two (2) hours of clinical supervision each week, at least
one (1) hour of which is individual face-to-face supervision. The additional hour of clinical
supervision may include individual supervision, group supervision, case presentation as long as
the licensed psychologist supervisor is present in person or via video teleconferencing,
(3) Supervisors’ Responsibilities. The Board requires each primary supervisor to perform and
to certify that the supervisor has:
(a) Entered into an agreement with the applicant for licensure, which details the applicant’s
obligations and remuneration as well as the supervisor’s responsibilities to the applicant;
(b) Determined that the psychology resident or post-doctoral fellow was capable of providing
competent and safe psychological service to that client;
(c) Maintained professional responsibility for the psychology resident or post-doctoral fellow’s
work;
(d) Provided two (2) hours of clinical supervision each week, one (1) hour of which was
individual, face-to-face supervision. The additional hour of clinical supervision may include
individual supervision, group supervision, case presentation as long as the licensed psychologist
– 31 –
supervisor is present in person or via video teleconferencing;
(e) Prevailed in all professional disagreements with the psychology resident or post-doctoral
fellow;
(f) Kept informed of all the services performed by the psychology resident or post-doctoral
fellow;
(g) Advised the Board if the supervisor has received any complaints about the psychology
resident or post-doctoral fellow or has any reason to suspect that the resident is less than fully
ethical, professional, or qualified for licensure.
(4) Until licensure, an individual who completes post doctoral training residency may continue
to practice under supervision so long as the individual does so in the manner prescribed by this
rule and so long as the individual has applied for licensure and no final order of denial has been
entered in the application case before the Board.
Rulemaking Authority 490.004(4) FS. Law Implemented 490.005(1) FS. History–New 11-18-92, Amended 7-14-93, Formerly 21U11.007, Amended 6-14-94, Formerly 61F13-11.007, Amended 1-7-96, Formerly 59AA-11.005, Amended 12-4-97, 8-5-01, 7-27-04,
3-4-10, 8-15-11, 9-24-13, 3-1-17.
64B19-11.006 Incomplete Applications (Repealed).
Rulemaking Authority 490.004(4) FS. Law Implemented 120.60(1), 456.013(1), 490.005(1) FS. History–New 6-23-91, Formerly
21U-11.008, 61F13-11.008, 59AA-11.006, Amended 8-4-08, Repealed 11-25-15.
64B19-11.0075 Application Closure After 24 Months.
(1) The Board shall close the application file of and issue a final order of denial to any applicant
for licensure by examination who fails to pass the Examination for Professional Practice in
Psychology and the Florida laws and rules examination or who fails to submit evidence of
completion of the postdoctoral, supervised experience within 24 months of the issuance of the
Board’s letter advising that the applicant has been approved for examination.
(2) The Board may grant an additional twelve (12) months to comply with the requirements of
subsection (1), above, of up to 36 months, to any applicant who files a written request for
extension and demonstrates that the applicant has made a good faith effort to comply but has
failed to comply because of illness or unusual hardship.
Rulemaking Authority 490.004(4), 490.005(3) FS. Law Implemented 490.005(3) FS. History–New 1-26-09.
64B19-11.008 Reapplication by Persons Whose Licenses Have Been Revoked by the Board
(Repealed).
Rulemaking Authority 456.072(5), 490.004(4) FS. Law Implemented 456.072(5), 490.009 FS. History–New 11-18-92, Formerly
21U-11.010, 61F13-11.010, Amended 6-26-97, Formerly 59AA-11.008, Repealed 1-20-09.
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64B19-11.009 Denial of Licensure.
(1) When the Board finds that an applicant has committed any of the offenses listed in
paragraphs (a)-(b) of this subsection, the Board shall deny the application permanently.
(a) Attempting to obtain a license by bribery or fraudulent misrepresentation; fraudulent
misrepresentation being an interpretation of fact.
(b) Having been disciplined by any regulatory body in any jurisdiction for sexual misconduct or
for any action involving the trespass of sexual boundaries;
(2) When the Board finds that an applicant has committed any of the offenses listed in
paragraph (a) or (b), of this subsection, the Board shall either deny the application permanently or
deny the licensure for two years to allow the applicant an opportunity for rehabilitation or, if
rehabilitation is demonstrated to the satisfaction of the Board, grant licensure and place the
applicant on probation under reasonable terms and conditions:
(a) Having been disciplined by any regulatory body in any jurisdiction for any violation of the
laws or rules governing licensure in that jurisdiction except for those violations which constitute
cause for permanent denial of licensure in Florida.
(b) Having been found guilty, regardless of adjudication, of any crime in any jurisdiction.
(3) The determination of which action the Board will take in the case of an applicant under
subsection (2), is controlled by the Board’s consideration of the mitigating and aggravating
circumstances set forth in subsection 64B19-17.002(2), F.A.C.
(4) A plea of nolo contendere creates a rebuttable presumption of guilt of the underlying
criminal charges. The presumption cannot be overcome absent clear and convincing evidence of
applicant’s innocence of the underlying criminal charges.
Rulemaking Authority 490.004(4) FS. Law Implemented 490.009, 490.0111 FS. History–New 4-26-93, Formerly 21U-11.011,
Amended 6-14-94, Formerly 61F13-11.011, 59AA-11.009.
64B19-11.010 Limited Licensure.
(1) Pursuant to Section 456.015, F.S., the Board shall grant a limited license to any applicants
who meet the requirements of Section 456.015, F.S., and:
(a) Are retired or will retire from the active practice of psychology within six (6) months of the
date of the application;
(b) Pay an application and licensure fee of $25, unless the applicant submits a notarized
statement from the applicant’s employer stating that the applicant will not receive monetary
compensation for any service involving the practice of psychology, in which case there will be no
fee; and,
(c) Complete and submit to the Board form DH-MQA 1188, (Revised 07/16), “Application for
Psychologist Limited Licensure,” which is hereby incorporated by reference, copies of which may
be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-07067, the Board office or
at http://www.doh.state.fl.us/mqa/psychology.
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(2) Underserved or critical need populations as set forth in Section 456.015, F.S., are defined
as people living within a twenty (20) mile radius of any site in the state which has no other
psychologist practicing in that twenty (20) mile radius. Underserved populations shall also include
indigent people with developmental disabilities, indigent immigrants from other countries, indigent
American Indians living on Indian reservations, and indigent adults over the age of fifty-nine (59)
years.
Rulemaking Authority 456.015(1), (4), 490.004(4) FS. Law Implemented 456.013, 456.015, 456.0635 FS. History–New 6-14-94,
Formerly 61F13-11.012, Amended 6-26-97, Formerly 59AA-11.010, Amended 3-24-02, 5-24-09, 5-2-10, 9-3-12, 12-25-12, 10-16-14,
9-27-16.
64B19-11.011 Provisional License; Supervision of Provisional Licensees.
All applicants applying for provisional licensure shall:
(1) Complete and submit to the Board form DH-MQA 1189, (Revised 07/16), “Application for
Provisional Psychology Licensure,” which is hereby incorporated by reference, copies of which
may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-07068, the Board
office or at http://www.doh.state.fl.us/mqa/psychology.
(2) Submit a letter signed by a licensed psychologist who is in good standing and not under
disciplinary investigation, who agrees to supervise the provisional licensee according to law.
(3) State on the application that the applicant is not under investigation in this or any other
state for an offense which would constitute a violation in Florida.
(4) The provisional licensee shall insure that the supervisor notifies the Board immediately and
in writing of the termination of the supervision.
(5) In the event that supervision is terminated, the provisional psychologist shall cease practice
until a new supervisor is approved by the Board.
(6) Supervisors’ Responsibilities. The Board requires the supervisor to perform and to certify
that the supervisor has:
(a) Entered into an agreement with the provisional licensee which details the provisional
licensee’s obligations and remuneration as well as the supervisor’s responsibilities to the
provisional licensee;
(b) Determined that the provisional licensee was capable of providing competent and safe
psychological service to the clients;
(c) Maintained professional responsibility for the provisional licensee’s work;
(d) Provided two (2) hours of clinical supervision each week, one (1) hour of which was
individual, face-to-face supervision;
(e) Prevailed in all professional disagreements with the provisional licensee;
(f) Kept informed of all professional services performed by the provisional licensee;
(g) Advised the Board if the supervisor has received any complaints about the provisional
– 34 –
licensee or has any reason to suspect that the provisional licensee is less than fully ethical,
professional, or qualified for licensure.
Rulemaking Authority 456.013, 456.025, 490.004(4), 490.0051 FS. Law Implemented 456.013, 456.025, 456.0635, 490.003(6),
490.0051, 490.009 FS. History–New 1-27-98, Amended 3-24-02, 9-8-03, 5-24-09, 3-1-10, 6-18-12, 12-25-12, 10-28-13, 6-10-14, 9-27-
16.
64B19-11.012 Application Forms.
(1) All applicants for licensure pursuant to Chapter 490, F.S., shall complete and submit form
DH-MQA 1187, (revised 01/17), “State of Florida Application for Licensure As A Psychologist,”
which is incorporated herein by reference and which may be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-08807, the Board office, or at
http://floridaspsychology.gov/applications/psychology-licensure-app.pdf.
(2) All applicants for licensure pursuant to Chapter 490, F.S., who have ever held a license to
practice psychology or a related profession shall complete and submit PY FORM 1.VERIF (rev.
10/01), “Licensure/Certification Verification Form,” effective 6-25-02, which is incorporated herein
by reference and which may be obtained from the Board office.
(3) An applicant who is a diplomate in good standing with the American Board of Professional
Psychology, Inc., and who wishes to apply for licensure by endorsement pursuant to Section
490.006(1)(b), F.S., shall submit as part of his or her application PY FORM 4.abpp (rev. 10/01),
“ABPP Diplomate Verification Form,” effective 6-25-02, which is incorporated herein by reference
and which may be obtained from the Board office.
Rulemaking Authority 456.013, 456.025, 490.004(4), 490.005 FS. Law Implemented 456.013, 456.025, 456.0635, 490.005, 490.006,
490.007(1) FS. History–New 6-25-02, Amended 5-24-09, 3-1-10, 5-23-10, 11-10-11, 6-18-12, 12-25-12, 10-28-13, 5-1-14, 11-2-14, 4-
6-15, 12-3-15, 4-21-16, 9-27-16, 11-23-17.
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CHAPTER 64B19-12 FEES
64B19-12.002 Application and Examination Fee for Licensure by Examination.
64B19-12.003 Reexamination Fee (Repealed).
64B19-12.004 Application Fee for Licensure by Endorsement.
64B19-12.0041 Initial Fee for Licensure.
64B19-12.005 Biennial Active Renewal Fee.
64B19-12.006 Reactivation Fee and Change of Status Fee.
64B19-12.007 Biennial Inactive Renewal Fee.
64B19-12.0075 Biennial Limited License Renewal Fee.
64B19-12.0085 Delinquency Fee.
64B19-12.009 Continuing Education Provider.
64B19-12.010 Fee for Duplicate License.
64B19-12.011 Fee to Enforce Prohibition Against Unlicensed Activity (Repealed).
64B19-12.012 Fee for Provisional Licensure.
64B19-12.013 Retired Status Fee.
64B19-12.002 Application and Examination Fee for Licensure by Examination.
(1) The application fee for licensure by examination is $200.00.
(2) When the board certifies the applicant to sit for the examination, it is the applicant’s
responsibility to complete the examination process with the national vendors. Examination fees are
established by and payable directly to the exam vendors.
Rulemaking Authority 456.013(2), 490.004(4), 490.005(1)(a) FS. Law Implemented 456.013(2), 456.017, 490.005(1)(a) FS.
History–New 2-22-82, Amended 7-2-84, Formerly 21U-12.02, Amended 11-21-88, 8-12-90, 1-16-92, Formerly 21U-12.002,
Amended 10-12-93, 6-14-94, Formerly 61F13-12.002, Amended 1-7-96, 6-26-97, Formerly 59AA-12.002, Amended 12-3-98, 6-28-
00, 8-8-01, 2-12-04, 10-31-05, 1-28-07, 2-18-10, 5-23-10, 4-17-12, 7-15-13, 11-5-14, 12-3-15.
64B19-12.003 Reexamination Fee (Repealed).
Rulemaking Authority 456.017(2), 490.004(4) FS. Law Implemented 456.017(1)(c), (2) FS. History–New 2-22-82, Amended 7-11-
84, Formerly 21U-12.03, Amended 7-18-88, 8-12-90, 1-16-92, Formerly 21U-12.003, Amended 10-12-93, Formerly 61F13-12.003,
Amended 1-7-96, Formerly 59AA-12.003, Amended 12-3-98, 1-10-01, 8-8-01, 2-12-04, 10-31-05, 4-8-07, 2-18-10, 4-17-12,
Repealed 12-3-15.
64B19-12.004 Application Fee for Licensure by Endorsement.
The application fee for a psychology license by endorsement is $200.00.
Rulemaking Authority 490.004(4) FS. Law Implemented 490.006(1) FS. History–New 2-22-82, Amended 5-12-82, Formerly 21U12.04, Amended 8-12-90, Formerly 21U-12.004, Amended 6-14-94, Formerly 61F13-12.004, Amended 1-7-96, Formerly 59AA12.004, Amended 6-28-00, 5-23-10, 7-15-13, 11-5-14.
64B19-12.0041 Initial Fee for Licensure.
The initial fee for licensure is $100.00.
Rulemaking Authority 456.013(2), 490.004(4) FS. Law Implemented 456.013(2), 490.005(1)(a), 490.006(1) FS. History–New 7-7-
86, Amended 6-1-89, 1-16-92, Formerly 21U-12.0041, Amended 6-14-94, Formerly 61F13-12.0041, Amended 1-7-96, Formerly
59AA-12.0041, Amended 1-25-00, 8-8-01, 4-16-02, 1-2-06, 5-23-10, 7-15-13, 11-5-14.
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64B19-12.005 Biennial Active Renewal Fee.
The fee for renewal of an active license is $295.00. The fee for renewal of a limited license is
$25.00, unless the applicant submits a notarized statement from the applicant’s employer stating
that the applicant will not receive monetary compensation for any service involving the practice of
psychology, in which case there will be no fee.
Rulemaking Authority 456.015(1), (4), 456.025(1), 490.004(4), 490.007(1) FS. Law Implemented 456.015, 456.025(1), (4),
490.007(1) FS. History–New 2-22-82, Formerly 21U-12.05, Amended 6-1-89, Formerly 21U-12.005, Amended 6-14-94, Formerly
61F13-12.005, Amended 1-7-96, Formerly 59AA-12.005, Amended 12-3-98, 8-8-01, 10-10-11, 11-5-14.
64B19-12.006 Reactivation Fee and Change of Status Fee.
The fee for reactivation of an inactive or retired status license is $50.00. Upon any change of
status, including the election of retired status, a $50.00 change of status fee shall be charged.
Such fee(s) shall be in addition to the biennial licensure fee, if any, as prescribed in Rule 64B19-
12.005, F.A.C.
Rulemaking Authority 456.036(4) FS. Law Implemented 456.025, 456.036(4), (8) FS. History–New 1-29-84, Formerly 21U-12.06,
Amended 1-4-88, 6-1-89, 8-12-90, Formerly 21U-12.006, 61F13-12.006, Amended 1-7-96, 6-26-97, Formerly 59AA-12.006,
Amended 1-10-01, 1-2-06.
64B19-12.007 Biennial Inactive Renewal Fee.
The fee for renewal of an inactive license is $295.00.
Rulemaking Authority 456.036(3) FS. Law Implemented 456.036(3) FS. History–New 1-19-84, Formerly 21U-12.07, Amended 1-4-
88, 6-1-89, 8-12-90, Formerly 21U-12.007, 61F13-12.007, Amended 1-7-96, Formerly 59AA-12.007, Amended 8-8-01, 10-10-11, 11-
5-14.
64B19-12.0075 Biennial Limited License Renewal Fee.
The fee for renewal of an inactive limited license is $25.00.
Rulemaking Authority 456.036(3) FS. Law Implemented 456.036(3) FS. History–New 10-26-08.
64B19-12.0085 Delinquency Fee.
If an active or inactive license is not renewed on time, the licensee shall pay a delinquency fee of
$400.00. If a limited license is not renewed on time, the licensee shall pay a delinquency fee of
$25.00.
Rulemaking Authority 456.036(7) FS. Law Implemented 456.036(7) FS. History–New 1-7-96, Formerly 59AA-12.0085, Amended
8-8-01, 6-8-08.
64B19-12.009 Continuing Education Provider Fees.
(1) The application fee and the renewal fee for Board approval of a continuing education
provider is $250.00.
(2) The application or renewal fee shall be paid to the Department of Health by May 31 of
every even numbered year.
Rulemaking Authority 490.0085(4) FS. Law Implemented 490.0085(4) FS. History–New 10-14-87, Amended 6-23-91, 10-28-92,
Formerly 21U-12.011, 61F13-12.011, Amended 1-7-96, Formerly 59AA-12.009, Amended 9-20-98, 8-8-01, 6-16-03, 12-25-12.
– 37 –
64B19-12.010 Fee for Duplicate License.
The fee for a duplicate license is $25.00.
Rulemaking Authority 456.025(10), 490.004(4), (5) FS. Law Implemented 456.025(10) FS. History–New 5-10-92, Formerly 21U12.012, 61F13-12.012, Amended 1-7-96, Formerly 59AA-12.010.
64B19-12.011 Fee to Enforce Prohibition Against Unlicensed Activity (Repealed).
Rulemaking Authority 456.065 FS. Law Implemented 456.065 FS. History–New 1-28-93, Formerly 21U-12.013, 61F13-12.013,
Amended 6-26-97, Formerly 59AA-12.011, Repealed 11-25-15.
64B19-12.012 Fee for Provisional Licensure.
The non-refundable application fee for a provisional license shall be two hundred fifty dollars
($250.00). The initial licensure fee for a provisional license shall be two-hundred fifty hundred
dollars ($250.00).
Rulemaking Authority 456.013, 490.003(6), 490.004(4), 490.0051 FS. Law Implemented 456.013, 456.013(2), 490.003(6),
490.004(4), 490.0051 FS. History–New 12-4-97, Amended 9-26-01, 7-15-13.
64B19-12.013 Retired Status Fee.
The fee for retired status is $50.00. An active status licensee or inactive status licensee who
chooses retired status at any time other than at the time of license renewal must pay the retired
status fee plus a change-of-status fee set out in Rule 64B19-12.006, F.A.C.
Rulemaking Authority 456.036(4)(b), 490.004(4) FS. Law Implemented 456.036(4)(b) FS. History–New 7-17-06.
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CHAPTER 64B19-13
LICENSE RENEWAL, CONTINUING EDUCATION
64B19-13.001 Renewal of Active Licenses.
64B19-13.0015 Exemption of Spouses of Members of Armed Forces from License
Renewal Requirements.
64B19-13.002 Renewal of Inactive Licenses.
64B19-13.0025 Notice to the Department of Mailing Address and Place of Practice
of Licensee.
64B19-13.003 Continuing Psychological Education Credit.
64B19-13.004 Board Approval of Continuing Psychological Education Providers.
64B19-13.005 Obligations of Continuing Psychological Education Providers.
64B19-13.006 Definitions.
64B19-13.007 Evaluations of Providers.
64B19-13.008 Duration of Provider Status.
64B19-13.001 Renewal of Active Licenses.
To renew an active license, the licensee must remit to the Department the biennial renewal
licensure fee for active licenses, and a statement certifying that the licensee has completed the
forty (40) hours of approved continuing education which were required during the last biennium.
Rulemaking Authority 456.013(9), 490.004(4), 490.007(2) FS. Law Implemented 490.007(2) FS. History–New 2-22-82, Amended
5-2-84, Formerly 21U-13.01, Amended 7-18-88, 1-28-93, Formerly 21U-13.001, 61F13-13.001, Amended 1-7-96, 6-26-97, Formerly
59AA-13.001, Amended 8-5-01.
64B19-13.0015 Exemption of Spouses of Members of Armed Forces from License Renewal
Requirements.
A licensee who is the spouse of a member of the Armed Forces of the United States and was
caused to be absent from the State of Florida because of the spouse’s duties with the armed
forces exempt from all licensure renewal provisions under these rules during such absence. The
licensee must show satisfactory proof to the Board of the absence and the spouse’s military
status.
Rulemaking Authority 456.024, 490.004(4) FS. Law Implemented 456.024 FS. History–New 4-30-00.
64B19-13.002 Renewal of Inactive Licenses.
To maintain an inactive license on inactive status, the licensee must remit the biennial renewal fee
for inactive status and a statement certifying that the licensee has neither practiced psychology nor
violated any of the provisions of Section 490.012, F.S., since the date on which the license was
first placed on inactive status.
Rulemaking Authority 456.036 FS. Law Implemented 456.036 FS. History–New 1-19-84, Formerly 21U-13.016, Amended 1-4-88,
4-26-93, Formerly 21U-13.0016, 61F13-13.0016, Amended 1-7-96, Formerly 59AA-13.002, Amended 8-5-01.
– 39 –
64B19-13.0025 Notice to the Department of Mailing Address and Place of Practice of
Licensee.
(1) Each licensee shall provide either written or electronic notification to the Department of the
licensee’s current mailing address and place of practice. The term “place of practice” means the
primary physical location where the psychologist practices the profession of psychology.
(2) Each licensee shall provide either written or electronic notification to the Department of a
change of address within 45 days.
(3) If electronic notification is used, it shall be the responsibility of the licensee to ensure that
the electronic notification was received by the Department.
Rulemaking Authority 456.035 FS. Law Implemented 456.035 FS. History–New 3-25-02.
64B19-13.003 Continuing Psychological Education Credit.
(1) Continuing psychological education credit will be granted for:
(a) Completion of graduate level courses in psychology provided by a university or professional
school which is accredited by the American Psychological Association or regionally accredited,
seven (7) continuing psychological education credits may be obtained for each one credit course,
fourteen (14) continuing psychological education credits for each two credit course, and twentyone (21) continuing psychological education credits for each three credit course, for a maximum of
twenty-one (21) credits per renewal period;
(b) Completion of a colloquium, a presentation, a workshop or a symposium offered for
continuing education credit by a doctoral psychology program or a psychology internship or
residency which is accredited by the American Psychological Association; the amount of
continuing psychological education credits will be granted as specified by the program, agency or
institution offering or sponsoring these activities;
(c) Full attendance at workshops/seminars offered by providers approved by the American
Psychological Association or any of its affiliates, or providers approved by the Board. A list of
Board approved providers is available from the Board office upon request; continuing
psychological education credits will be granted on an hour by hour basis;
(d) Simple attendance at a state, regional or national psychology convention or conference.
Only five (5) credits will be allowed each biennium regardless of how many state, regional or
national conventions or conferences are attended during that biennium; one (1) continuing
psychological education credit will be granted per one conference day;
(e) Attainment of diplomate status or Board Certification in a specialty area within the practice
of psychology from any certifying body, recognized by the Board pursuant to Section 490.0149,
F.S., for which thirty-seven (37) continuing psychological education credits, not including the twohour continuing education course on domestic violence required by Section 456.031(1), F.S., and
the two-hour continuing education course on the prevention of medical errors required by Section
456.013(7), F.S., will be allowed only during the biennium during which the diplomate is first
awarded;
(f) Presenting or moderating for the first time per biennium only a continuing psychological
education program sponsored by a provider approved by the Board, except that credit will be
limited to the number of credits allowed by the program;
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(g) Each hour of attendance at a Board of Psychology meeting or Board of Psychology
committee meeting. Only one credit will be granted for each hour of full attendance and only ten
(10) credits will be allowed each biennium regardless of how many hours are attended during the
biennium. Attendance at a Board or committee meeting shall also satisfy, hour by hour, the
requirement of professional ethics and legal issues credit set out in subsection (3), of this rule;
(h) Completion of continuing education courses approved by any Board within the Division of
Medical Quality Assurance of the Department of Health, provided that such courses enhance the
psychological skills and/or psychological knowledge of the licensee;
(i) The provision of volunteer expert witness opinions for cases being reviewed pursuant to
laws and standards relevant to the practice of psychology. Two hours of credit shall be awarded
for each case reviewed up to a maximum of ten hours per biennium. In this regard, volunteer
expert witnesses are expected to perform a review of the psychological, medical, legal, and/or
ethical literature, as appropriate to the case being reviewed;
(j) Serving on American Psychological Association and/or Florida Psychological Association
chapter, state, or national boards, editorial boards of peer reviewed journals related to psychology,
scientific grant review teams; a maximum of five (5) continuing psychological education credits will
be granted per renewal period;
(k) Teaching as an adjunct professor a graduate level course in psychology or related to
psychology in a regionally accredited institution; a maximum of twenty (20) continuing education
credits will be granted for the first time teaching per course for each renewal period;
(l) Publishing in the field of psychology (research, peer-reviewed articles, books, book
chapters, textbooks or editor or co-editor of peer reviewed journals); a maximum of ten (10)
continuing psychological education credits will be granted per publication per renewal period, not
to exceed thirty (30) continuing psychological education credits per renewal period;
(m) Performance of Pro Bono Services – A licensee may receive up to six (6) hours per
biennium of continuing education credit through the performance of pro bono services to the
indigent as provided in Section 456.013(9), F.S., or to underserved populations, or in areas of
critical need within the state where the licensee practices. In order to receive credit under this rule,
licensees must make a written request to the Board and receive approval prior to performing pro
bono services in advance. One (1) hour credit shall be given for each two (2) hours worked. In the
written request, licensees shall disclose the type, nature and extent of services to be rendered, the
facility where the services will be rendered, the number of patients expected to be serviced, and a
statement indicating that the patients to be served are indigent. If the licensee intends to provide
services in underserved or critical need areas, the written request shall provide a brief explanation
as to those facts.
(2) No continuing psychological education credit may be earned for:
(a) Regular work activities as a psychologist;
(b) Independent, unstructured or self-structured learning;
(c) Personal psychotherapy or personal growth experience;
(d) Obtaining or providing supervision or consultation from or under a psychologist or other
professional who is not a Board approved continuing psychological education provider;
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(e) Home study except from providers approved by the American Psychological Association or
any of its affiliates.
(3) As a condition of biennial licensure renewal, each licensee must complete forty (40) hours
of continuing psychological education.
(a) Three (3) of the forty (40) hours must be on professional ethics and Florida Statutes and
rules affecting the practice of psychology. Of those three hours, at least one hour shall be on
professional ethics, and at least one hour shall be on Florida laws and rules relevant to the
practice of psychology and shall include Chapters 456 and 490, F.S. and Rule Title 64B19, F.A.C.
(b) Two (2) of the forty (40) hours must relate to prevention of medical errors. In addition to the
study of root-cause analysis, error reduction and prevention, and patient safety, the course content
shall also be designed to discuss potential errors within a psychological setting, such as
inadequate assessment of suicide risk, failure to comply with mandatory abuse reporting laws, and
failure to detect medical conditions presenting as a psychological disorder. If the course is offered
by a facility licensed pursuant to Chapter 395, F.S., for its employees, the Board will approve up to
one (1) hour of the two (2) hour course to be specifically related to error reduction and prevention
methods used in that facility.
(c) Passage of the laws and rules examination of the Board constitutes forty (40) hours of
continuing education credit, including credit for professional ethics and Florida Statutes and rules
affecting the practice of psychology. Passage of the laws and rules examination, however, does
not satisfy the requirement for the two (2) credit hours of continuing education on domestic
violence required every third biennial licensure renewal period, nor the requirement for two (2)
hours relating to prevention of medical errors.
(4) The licensee shall maintain, and make available upon request, documentation to
substantiate continuing psychological education credit required by the Board. The licensee shall
retain such documentation for two (2) years following the renewal period during which the
continuing psychological education credit was required.
(5) Every six years, each licensee shall complete two (2) hours of continuing psychological
education on domestic violence as defined in Section 741.28, F.S.; these two (2) hours shall be
part of the forty (40) hours otherwise required for each biennial licensure renewal. The licensee
shall maintain documentation to substantiate timely completion of these two (2) hours and make
said documentation available upon request every third biennial licensure renewal period.
Rulemaking Authority 456.013(7), (9), 490.004(4), 490.0085(4) FS. Law Implemented 456.013(7), (9), 490.007(2), 490.0085(1), (3)
FS. History–New 1-28-93, Amended 7-14-93, Formerly 21U-13.0042, Amended 6-14-94, Formerly 61F13-13.0042, Amended 2-8-
96, 11-18-96, Formerly 59AA-13.003, Amended 1-10-01, 8-5-01, 5-21-02, 6-3-04, 1-2-06, 12-31-06, 2-24-08, 5-26-08, 1-7-09, 11-8-
10, 3-18-14, 11-1-17.
64B19-13.004 Board Approval of Continuing Psychological Education Providers.
(1) To obtain or renew provider status, the applicant must demonstrate to the Board’s
satisfaction that the programs to be offered by the applicant will:
(a) Enhance psychological skills or psychological knowledge;
(b) Be of sufficient duration to adequately address the subject matter of the program;
(c) Be taught by an individual who has at least two (2) years of education or research in, or
practical application of, the subject matter of the program.

 

 

 

 

 

 

 

CHAPTER 490
PSYCHOLOGICAL SERVICES
490.001 Short title.
490.002 Intent.
490.003 Definitions.
490.004 Board of Psychology.
490.005 Licensure by examination.
490.0051 Provisional licensure; requirements.
490.006 Licensure by endorsement.
490.007 Renewal of license.
490.0085 Continuing education; approval of providers, programs, and courses;
proof of completion.
490.009 Discipline.
490.0111 Sexual misconduct.
490.012 Violations; penalties; injunction.
490.0121 Licensed school psychologists; private sector services.
490.014 Exemptions.
490.0141 Practice of hypnosis.
490.0143 Practice of sex therapy.
490.0145 The practice of juvenile sexual offender therapy.
490.0147 Confidentiality and privileged communications.
490.0148 Psychologist and school psychologist records.
490.0149 Specialties.
490.015 Duties of the department.

Chapter 490, F.S. 9 (Psychological Services Act)

Section 90.503, F.S. 1 (Psychotherapist-patient privilege)

Chapter 394, Part I, F.S. 7 (Florida Mental Health Act)

Chapter 415, F.S. 1 (Protection From Abuse, Neglect, and Exploitation)

Chapter 64B19, F.A.C. 12 (Board of Psychology)

Chapter 456, F.S. 8 (Health Professions and Occupations: General Provisions)

Chapter 39, F.S. 2 (Proceeding Relating to Children)

 

 

 

 

 

 

 

Summation

Public opinion and courts have lead the way.Therapists can and have been sued for malpractice when their treatment lead to harming their patients and one of the most common causes of malpractice is therapists having sexual relations with patients and former patients.

Nowadays, virtually every professional discipline has ethical codes, which cover boundary issues and most expressly prohibit sexual relations with patients.

In order to establish a helping relationship the individual in need must relinquish some level of control to create trust.  The client or patient’s trust rests on the assumption that the professional will operate within the context of the client’s need.   When the client expects this and projects an aura of sanctity onto the professional, the client’s vulnerability becomes a key factor in the relationship.   This is the reason that a client (adult or teen, male or female) is not considered morally and legally culpable if an illicit relationship develops between the two.  It remains incumbent upon the professional to set the limits of the relationship.

The key to dealing with these issues?Know who you are; know your strengths and weaknesses; and commit to use your strengths (power) in service to others.  Find ways outside of the therapeutic process of having your personal needs for intimacy met appropriately.  No spouse or best friend can meet all your needs but perhaps a cluster of persons with whom you share a reciprocal relationship can.  No one seeking your help in a professional role should be meeting your needs for receiving care.

 

Thank you for using BaysideCEU.com! 

We really appreciate you and all you do for your clients.