Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B19 - Board of Psychology › Chapter 64B19-19 - PSYCHOLOGICAL RECORDS AND CONFIDENTIALITY › Section 64B19-19.006 - Confidentiality

Current through Reg. 50, No. 138; July 16, 2024
(1) One of the primary obligations of
				psychologists is to respect the confidentiality of information entrusted to
				them by service users. Psychologists may disclose that information only with
				the written consent of the service user. The only exceptions to this general
				rule occur in those situations when nondisclosure on the part of the
				psychologist would violate the law. If there are limits to the maintenance of
				confidentiality, however, the licensed psychologist shall inform the service
				user of those limitations. For instance, licensed psychologists in hospital,
				subacute or nursing home settings should inform service users when the service
				user's clinical records will contain psychological information which may be
				available to others without the service user's written consent. Similar
				limitations on confidentiality may present themselves in educational,
				industrial, military or third-party payment situations, and in each of the
				circumstances mentioned herein or in each similar circumstance, the licensed
				psychologist must obtain a written statement from the service user which
				acknowledges the psychologist's advice in those regards. This rule is
				particularly applicable to supervisory situations wherein the supervised
				individual will be sharing confidential information with the supervising
				psychologist. In that situation, it is incumbent upon the licensed psychologist
				to secure the written acknowledgement of the service user regarding that breach
				of confidentiality.
(2) In cases
				where an evaluation is performed upon a person by a psychologist for use by a
				third party, the psychologist must explain to the person being evaluated the
				limits of confidentiality in that specific situation, document that such
				information was explained and understood by the person being evaluated, and
				obtain written informed consent to all aspects of the testing and evaluative
				procedures.
(3) This rule
				recognizes that minors and legally incapacitated individuals cannot give
				informed consent under the law. Psychologists, nonetheless, owe a duty of
				confidentiality to minor and legally incapacitated service users consistent
				with the duty imposed by subsection (1). This does not mean that the
				psychologist may not impart the psychologist's own evaluation, assessment,
				analysis, diagnosis, or recommendations regarding the minor or legally
				incapacitated individual to the service user's guardian or to any court of
				law.
(4) The licensed psychologist
				shall maintain the confidentiality of all psychological records in the licensed
				psychologist's possession or under the licensed psychologist's control except
				as otherwise provided by law or pursuant to written and signed authorization of
				a service user specifically requesting or authorizing release or disclosure of
				the service user's psychological records.
(5) The licensed psychologist shall also
				ensure that no person working for the psychologist, whether as an employee, an
				independent contractor, or a volunteer violates the confidentiality of the
				service user.
Rulemaking Authority
					 490.004(4) FS.
					 Law Implemented 456.057,
					 490.009(1)(u),
					 (v),
					 490.0147
					 FS.
New 8-12-90, Formerly 21U-22.006, 61F13-22.006, Amended
					 2-26-96, Formerly 59AA-19.006, Amended
					 11-23-97.