Miami Criminal Lawyer Home
U.S. Code Home
U.S. Code Table of Contents
Florida Rules of Procedure
Florida Rules of Evidence
 

Florida Rules of Evidence

90.503 Psychotherapist-patient privilege.--
(1) For purposes of this section:
(a) A "psychotherapist" is:
1. A person authorized to practice medicine in any state or nation, or reasonably believed by the patient so to be, who is engaged in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
2. A person licensed or certified as a psychologist under the laws of any state or nation, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
3. A person licensed or certified as a clinical social worker, marriage and family therapist, or mental health counselor under the laws of this state, who is engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction;
4. Treatment personnel of facilities licensed by the state pursuant to chapter 394, chapter 395, or chapter 397, of facilities designated by the Department of Children and Family Services pursuant to chapter 394 as treatment facilities, or of facilities defined as community mental health centers pursuant to s. 394.907(1), who are engaged primarily in the diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction; or
5. An advanced registered nurse practitioner certified under s. 464.012, whose primary scope of practice is the diagnosis or treatment of mental or emotional conditions, including chemical abuse, and limited only to actions performed in accordance with part I of chapter 464.
(b) A "patient" is a person who consults, or is interviewed by, a psychotherapist for purposes of diagnosis or treatment of a mental or emotional condition, including alcoholism and other drug addiction.
(c) A communication between psychotherapist and patient is "confidential" if it is not intended to be disclosed to third persons other than:
1. Those persons present to further the interest of the patient in the consultation, examination, or interview.
2. Those persons necessary for the transmission of the communication.
3. Those persons who are participating in the diagnosis and treatment under the direction of the psychotherapist.
(2) A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient's mental or emotional condition, including alcoholism and other drug addiction, between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship.
(3) The privilege may be claimed by:
(a) The patient or the patient's attorney on the patient's behalf.
(b) A guardian or conservator of the patient.
(c) The personal representative of a deceased patient.
(d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary.
(4) There is no privilege under this section:
(a) For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization.
(b) For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient.
(c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense.
History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 40, ch. 90-347; s. 1, ch. 92-57; s. 19, ch. 93-39; s. 475, ch. 95-147; s. 28, ch. 99-2; s. 5, ch. 99-8; s. 1, ch. 2006-204

 

Links

Florida Rules of Evidence
TITLE VII EVIDENCE CHAPTER 90 EVIDENCE CODE
90.101 Short title.
90.102 Construction.
90.103 Scope; applicability.
90.104 Rulings on evidence.
90.105 Preliminary questions.
90.106 Summing up and comment by judge.
90.107 Limited admissibility.
90.108 Introduction of related writings or recorded statements.
90.201 Matters which must be judicially noticed.
90.202 Matters which may be judicially noticed.
90.203 Compulsory judicial notice upon request.
90.204 Determination of propriety of judicial notice and nature of matter noticed.
90.205 Denial of a request for judicial notice.
90.206 Instructing jury on judicial notice.
90.207 Judicial notice by trial court in subsequent proceedings.
90.301 Presumption defined; inferences.
90.302 Classification of rebuttable presumptions.
90.303 Presumption affecting the burden of producing evidence defined.
90.304 Presumption affecting the burden of proof defined.
90.401 Definition of relevant evidence.
90.402 Admissibility of relevant evidence.
90.4025 Admissibility of paternity determination in certain criminal prosecutions.
90.4026 Statements expressing sympathy; admissibility; definitions.
90.403 Exclusion on grounds of prejudice or confusion.
90.404 Character evidence; when admissible.
90.405 Methods of proving character.
90.406 Routine practice.
90.407 Subsequent remedial measures.
90.408 Compromise and offers to compromise.
90.409 Payment of medical and similar expenses.
90.410 Offer to plead guilty; nolo contendere; withdrawn pleas of guilty.
90.501 Privileges recognized only as provided.
90.5015 Journalist's privilege.
90.502 Lawyer-client privilege.
90.503 Psychotherapist-patient privilege.
90.5035 Sexual assault counselor-victim privilege.
90.5036 Domestic violence advocate-victim privilege.
90.504 Husband-wife privilege.
90.505 Privilege with respect to communications to clergy.
90.5055 Accountant-client privilege.
90.506 Privilege with respect to trade secrets.
90.507 Waiver of privilege by voluntary disclosure.
90.508 Privileged matter disclosed under compulsion or without opportunity to claim privilege.
90.509 Application of privileged communication.
90.510 Privileged communication necessary to adverse party.
90.601 General rule of competency.
90.603 Disqualification of witness.
90.604 Lack of personal knowledge.
90.605 Oath or affirmation of witness.
90.606 Interpreters and translators.
90.6063 Interpreter services for deaf persons.
90.607 Competency of certain persons as witnesses.
90.608 Who may impeach.
90.609 Character of witness as impeachment.
90.610 Conviction of certain crimes as impeachment.
90.611 Religious beliefs or opinions.
90.612 Mode and order of interrogation and presentation.
90.613 Refreshing the memory of a witness.
90.614 Prior statements of witnesses.
90.615 Calling witnesses by the court.
90.616 Exclusion of witnesses.
90.701 Opinion testimony of lay witnesses.
90.702 Testimony by experts.
90.703 Opinion on ultimate issue.
90.704 Basis of opinion testimony by experts.
90.705 Disclosure of facts or data underlying expert opinion.
90.706 Authoritativeness of literature for use in cross-examination.
90.801 Hearsay; definitions; exceptions.
90.802 Hearsay rule.
90.803 Hearsay exceptions; availability of declarant immaterial.
90.804 Hearsay exceptions; declarant unavailable.
90.805 Hearsay within hearsay.
90.806 Attacking and supporting credibility of declarant.
90.901 Requirement of authentication or identification.
90.902 Self-authentication.
90.903 Testimony of subscribing witness unnecessary.
90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner.
90.951 Definitions.
90.952 Requirement of originals.
90.953 Admissibility of duplicates.
90.954 Admissibility of other evidence of contents.
90.955 Public records.
90.956 Summaries.
90.957 Testimony or written admissions of a party.
90.958 Functions of court and jury.
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
Miami Criminal Lawyer
Fort Lauderdale Criminal Lawyer
Palm Beach Criminal Lawyer
Naples Criminal Lawyer
Fort Myers Criminal Lawyer
Criminal Lawyer in Orlando
Tampa Criminal Lawyer
Criminal Lawyer in Jacksonville
Miami Fraud Lawyer
Miami Drug Lawyer
Miami Expunging Records Lawyer
Miami Sex Crime Lawyer
Miami Domestic Violence Lawyer
Miami IRS Violations Lawyer