Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
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 (4) "Practice of psychology" "Practice of psychology" means the observations, description, evaluation,
interpretation, and
modification of human behavior, by the use of scientific and applied
psychological principles,
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.
,Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
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.
490.005 Licensure by examination (c) (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.
490.005 Licensure by examination. 1. 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.
,Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
490.0051 Provisional licensure; requirements. (2) and (3) (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.
490.006 Licensure by endorsement. (1) (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.
490.007 Renewal of license. (2) (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.
, Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
490.009 Discipline. (1) (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
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 non-licensed 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
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 (4) "Practice of psychology" "Practice of psychology" means the observations, description, evaluation,
interpretation, and
modification of human behavior, by the use of scientific and applied
psychological principles,
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.
,Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
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.
490.005 Licensure by examination (c) (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.
490.005 Licensure by examination. 1. 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.
,Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
490.0051 Provisional licensure; requirements. (2) and (3) (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.
490.006 Licensure by endorsement. (1) (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.
490.007 Renewal of license. (2) (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.
, Study Packet For the Florida Laws and Rules Examination Computer Based Test For Psychologists
490.009 Discipline. (1) (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
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 non-licensed 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
