The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.059

456.059 Communications confidential; exceptions.—Communications between a patient and a psychiatrist, as defined in s. 394.455, shall be held confidential and may not be disclosed except upon the request of the patient or the patient’s legal representative. Provision of psychiatric records and reports is governed by s. 456.057. Notwithstanding any other provision of this section or s. 90.503, when:

(1) A patient is engaged in a treatment relationship with a psychiatrist;

(2) Such patient has communicated to the psychiatrist a specific threat to cause serious bodily injury or death to an identified or a readily available person; and

(3) The treating psychiatrist makes a clinical judgment that the patient has the apparent intent and ability to imminently or immediately carry out such threat,

the psychiatrist may disclose patient communications to the extent necessary to warn any potential victim and must disclose patient communications to the extent necessary to communicate the threat to a law enforcement agency. A law enforcement agency that receives notification of a specific threat under this section must take appropriate action to prevent the risk of harm, including, but not limited to, notifying the intended victim of such threat or initiating a risk protection order. A psychiatrist’s disclosure of confidential communications when communicating a threat pursuant to this section may not be the basis of any legal action or criminal or civil liability against the psychiatrist.

History.—s. 10, ch. 88-1; s. 33, ch. 92-149; s. 43, ch. 96-169; s. 83, ch. 97-261; s. 81, ch. 2000-160; s. 4, ch. 2019-134.

Note.—Former s. 455.2415; s. 455.671.

F.S. 456.059 on Google Scholar

F.S. 456.059 on Casetext

Amendments to 456.059

Arrestable Offenses / Crimes under Fla. Stat. 456.059

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.059.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . See §§ 456.057, 456.059, or 90.503, Fla. Stat. (2010). . . . .

FLORIDA HOSPITAL WATERMAN, INC. v. M. BUSTER, v., 984 So. 2d 478 (Fla. 2008)

. . . circumstances where the communication would be privileged, the privilege applies to the interpreter as well); § 456.059 . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . . § 456.059, Fla. Stat. (2001). . . . .

GUERRIER, v. STATE, 811 So. 2d 852 (Fla. Dist. Ct. App. 2002)

. . . Defendant urges that we very narrowly limit application of the exception established in section 456.059 . . . Subsequently, the Legislature enacted section 456.059, Florida Statutes, which creates the .dangerous . . . The obvious intent behind section 456.059 is to provide protection to the victim of the threat. . . . Thus when the Legislature enacted section 456.059, the Legislature intended to allow admission of the . . . Section 456.059(3) specifically provides that patient communications may be disclosed “to the extent . . .

STATE v. FAMIGLIETTI,, 817 So. 2d 915 (Fla. Dist. Ct. App. 2001)

. . . Section 90.503 contains three exceptions within its text and an additional one in section 456.059, Florida . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . Section 456.059 provides that “[c]ommunica-tions between a patient and a psychiatrist ... shall be held . . .