Fla. Admin. Code Ann. R. 64B19-19.006 - Confidentiality
(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.
Notes
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.
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