Florida 2022 2022 Regular Session

Florida House Bill H0343 Comm Sub / Bill

Filed 02/02/2022

                       
 
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A bill to be entitled 1 
An act relating to mental health professional 2 
licensure; amending s. 491.005, F.S.; revising 3 
licensing requirements for clinical social workers, 4 
marriage and family therapists, and mental health 5 
counselors; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1.  Subsections (1), (3), and (4) of section 10 
491.005, Florida Statutes, are amended to read: 11 
 491.005  Licensure by examination. — 12 
 (1)  CLINICAL SOCIAL WORK. —Upon verification of 13 
documentation and payment of a fee not to exceed $200, as set by 14 
board rule, plus the actual per applicant cost to the department 15 
for purchase of the examination from the American Association of 16 
State Social Worker's Boards or a similar national organization, 17 
the department shall issue a license as a clinical social worker 18 
to an applicant whom who the board certifies has met all of the 19 
following criteria: 20 
 (a)  Has Submitted an application and paid the appropriate 21 
fee. 22 
 (b)1.  Has Received a doctoral degree in social work from a 23 
graduate school of social work which at the time the applicant 24 
graduated was accredited by an accrediting agency recognized by 25     
 
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the United States Department o f Education or has received a 26 
master's degree in social work from a graduate school of social 27 
work which at the time the applicant graduated: 28 
 a.  Was accredited by the Council on Social Work Education; 29 
 b.  Was accredited by the Canadian Association of Sc hools 30 
of Social Work; or 31 
 c.  Has been determined to have been a program equivalent 32 
to programs approved by the Council on Social Work Education by 33 
the Foreign Equivalency Determination Service of the Council on 34 
Social Work Education. An applicant who grad uated from a program 35 
at a university or college outside of the United States or 36 
Canada must present documentation of the equivalency 37 
determination from the council in order to qualify. 38 
 2.  The applicant's graduate program must have emphasized 39 
direct clinical patient or client health care services, 40 
including, but not limited to, coursework in clinical social 41 
work, psychiatric social work, medical social work, social 42 
casework, psychotherapy, or group therapy. The applicant's 43 
graduate program must have includ ed all of the following 44 
coursework: 45 
 a.  A supervised field placement which was part of the 46 
applicant's advanced concentration in direct practice, during 47 
which the applicant provided clinical services directly to 48 
clients. 49 
 b.  Completion of 24 semester hours or 32 quarter hours in 50     
 
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theory of human behavior and practice methods as courses in 51 
clinically oriented services, including a minimum of one course 52 
in psychopathology, and no more than one course in research, 53 
taken in a school of social work accredited or approved pursuant 54 
to subparagraph 1. 55 
 3.  If the course title which appears on the applicant's 56 
transcript does not clearly identify the content of the 57 
coursework, the applicant shall be required to provide 58 
additional documentation, including, but not limited to, a 59 
syllabus or catalog description published for the course. 60 
 (c)  Has Had at least 2 years of clinical social work 61 
experience, which took place subsequent to completion of a 62 
graduate degree in social work at an ins titution meeting the 63 
accreditation requirements of this section, under the 64 
supervision of a licensed clinical social worker or the 65 
equivalent who is a qualified supervisor as determined by the 66 
board. An individual who intends to practice in Florida to 67 
satisfy clinical experience requirements must register pursuant 68 
to s. 491.0045 before commencing practice. If the applicant's 69 
graduate program was not a program which emphasized direct 70 
clinical patient or client health care services as described in 71 
subparagraph (b)2., the supervised experience requirement must 72 
take place after the applicant has completed a minimum of 15 73 
semester hours or 22 quarter hours of the coursework required. A 74 
doctoral internship may be applied toward the clinical social 75     
 
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work experience requirement. A licensed mental health 76 
professional must be on the premises when clinical services are 77 
provided by a registered intern in a private practice setting. 78 
 (d)  Has Passed a theory and practice examination 79 
designated by the board provided by the department for this 80 
purpose. 81 
 (e)  Has Demonstrated, in a manner designated by board rule 82 
of the board, knowledge of the laws and rules governing the 83 
practice of clinical social work, marriage and family therapy, 84 
and mental health counseling. 85 
 (3)  MARRIAGE AND FAMILY THERAPY. —Upon verification of 86 
documentation and payment of a fee not to exceed $200, as set by 87 
board rule, plus the actual cost of the purchase of the 88 
examination from the Association of Marital and Family Therapy 89 
Regulatory Board, or similar national organization, the 90 
department shall issue a license as a marriage and family 91 
therapist to an applicant who the board certifies has met all of 92 
the following criteria : 93 
 (a)  Has Submitted an application and paid the appropriate 94 
fee. 95 
 (b)1.  Attained one of the following: 96 
 a.  A minimum of a master's degree in marriage and family 97 
therapy from a program accredited by the Commission on 98 
Accreditation for Marriage and Family Therapy Education; 99 
 b.  A minimum of a master's degree with a major emphasis in 100     
 
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marriage and family therapy or a closely related field from a 101 
university program accredited by the Council on Accreditation of 102 
Counseling and Related Educational Programs and graduate courses 103 
approved by the board; or 104 
 c. Has A minimum of a master's degree with an major 105 
emphasis in marriage and family therapy or a closely related 106 
field, with a degree conferred before September 1, 2027, from an 107 
institutionally accredited college or university from a program 108 
accredited by the Commission on Accreditation for Marriage and 109 
Family Therapy Education or from a Florida university program 110 
accredited by the Council for Accreditation of Counseling and 111 
Related Educational Programs and graduate courses approved by 112 
the board of Clinical Social Work, Marriage and Family Th erapy, 113 
and Mental Health Counseling . 114 
 2. If the course title that appears on the applicant's 115 
transcript does not clearly identify the content of the 116 
coursework, the applicant must shall provide additional 117 
documentation, including, but not limited to, a sy llabus or 118 
catalog description published for the course. The required 119 
master's degree must have been received in an institution of 120 
higher education that, at the time the applicant graduated, was 121 
fully accredited by an institutional a regional accrediting body 122 
recognized by the Council for Higher Education Accreditation or 123 
its successor organization Commission on Recognition of 124 
Postsecondary Accreditation or publicly recognized as a member 125     
 
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in good standing with the Association of Universities and 126 
Colleges of Canada, or an institution of higher education 127 
located outside the United States and Canada which, at the time 128 
the applicant was enrolled and at the time the applicant 129 
graduated, maintained a standard of training substantially 130 
equivalent to the standards of training of those institutions in 131 
the United States which are accredited by an institutional a 132 
regional accrediting body recognized by the Council for Higher 133 
Education Accreditation or its successor organization Commission 134 
on Recognition of Postsecondary Accreditation. Such foreign 135 
education and training must have been received in an institution 136 
or program of higher education officially recognized by the 137 
government of the country in which it is located as an 138 
institution or program to train students to prac tice as 139 
professional marriage and family therapists or psychotherapists. 140 
The applicant has the burden of establishing that the 141 
requirements of this provision have been met, and the board 142 
shall require documentation, such as an evaluation by a foreign 143 
equivalency determination service, as evidence that the 144 
applicant's graduate degree program and education were 145 
equivalent to an accredited program in this country. An 146 
applicant with a master's degree from a program that did not 147 
emphasize marriage and family the rapy may complete the 148 
coursework requirement in a training institution fully 149 
accredited by the Commission on Accreditation for Marriage and 150     
 
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Family Therapy Education recognized by the United States 151 
Department of Education. 152 
 (c)  Completed Has had at least 2 years of clinical 153 
experience during which 50 percent of the applicant's clients 154 
were receiving marriage and family therapy services, which must 155 
be at the post-master's level under the supervision of a 156 
licensed marriage and family therapist with at least 5 years of 157 
experience, or the equivalent, who is a qualified supervisor as 158 
determined by the board. An individual who intends to practice 159 
in Florida to satisfy the clinical experience requirements must 160 
register pursuant to s. 491.0045 before commencing prac tice. If 161 
a graduate has a master's degree with a major emphasis in 162 
marriage and family therapy or a closely related field which did 163 
not include all of the coursework required by paragraph (b), 164 
credit for the post-master's level clinical experience may not 165 
commence until the applicant has completed a minimum of 10 of 166 
the courses required by paragraph (b), as determined by the 167 
board, and at least 6 semester hours or 9 quarter hours of the 168 
course credits must have been completed in the area of marriage 169 
and family systems, theories, or techniques. Within the 2 years 170 
of required experience, the applicant shall provide direct 171 
individual, group, or family therapy and counseling to cases 172 
including those involving unmarried dyads, married couples, 173 
separating and divorcing couples, and family groups that include 174 
children. A doctoral internship may be applied toward the 175     
 
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clinical experience requirement. A licensed mental health 176 
professional must be on the premises when clinical services are 177 
provided by a registered inter n in a private practice setting. 178 
 (d)  Has Passed a theory and practice examination 179 
designated provided by board rule the department. 180 
 (e)  Has Demonstrated, in a manner designated by board 181 
rule, knowledge of the laws and rules governing the practice of 182 
clinical social work, marriage and family therapy, and mental 183 
health counseling. 184 
 185 
For the purposes of dual licensure, the department shall license 186 
as a marriage and family therapist any person who meets the 187 
requirements of s. 491.0057. Fees for dual licensur e may not 188 
exceed those stated in this subsection. 189 
 (4)  MENTAL HEALTH COUNSELING. —Upon verification of 190 
documentation and payment of a fee not to exceed $200, as set by 191 
board rule, plus the actual per applicant cost of purchase of 192 
the examination from the N ational Board for Certified Counselors 193 
or its successor organization, the department shall issue a 194 
license as a mental health counselor to an applicant who the 195 
board certifies has met all of the following criteria : 196 
 (a)  Has Submitted an application and pa id the appropriate 197 
fee. 198 
 (b)1.  Attained Has a minimum of an earned master's degree 199 
from a mental health counseling program accredited by the 200     
 
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Council for the Accreditation of Counseling and Related 201 
Educational Programs which consists of at least 60 semeste r 202 
hours or 80 quarter hours of clinical and didactic instruction, 203 
including a course in human sexuality and a course in substance 204 
abuse. If the master's degree is earned from a program related 205 
to the practice of mental health counseling which is not 206 
accredited by the Council for the Accreditation of Counseling 207 
and Related Educational Programs, then the coursework and 208 
practicum, internship, or fieldwork must consist of at least 60 209 
semester hours or 80 quarter hours and meet all of the following 210 
requirements: 211 
 a.  Thirty-three semester hours or 44 quarter hours of 212 
graduate coursework, which must include a minimum of 3 semester 213 
hours or 4 quarter hours of graduate -level coursework in each of 214 
the following 11 content areas: counseling theories and 215 
practice; human growth and development; diagnosis and treatment 216 
of psychopathology; human sexuality; group theories and 217 
practice; individual evaluation and assessment; career and 218 
lifestyle assessment; research and program evaluation; social 219 
and cultural foundations; sub stance abuse; and legal, ethical, 220 
and professional standards issues in the practice of mental 221 
health counseling. Courses in research, thesis or dissertation 222 
work, practicums, internships, or fieldwork may not be applied 223 
toward this requirement. 224 
 b.  A minimum of 3 semester hours or 4 quarter hours of 225     
 
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graduate-level coursework addressing diagnostic processes, 226 
including differential diagnosis and the use of the current 227 
diagnostic tools, such as the current edition of the American 228 
Psychiatric Association's Dia gnostic and Statistical Manual of 229 
Mental Disorders. The graduate program must have emphasized the 230 
common core curricular experience. 231 
 c.  The equivalent, as determined by the board, of at least 232 
700 hours of university -sponsored supervised clinical practicu m, 233 
internship, or field experience that includes at least 280 hours 234 
of direct client services, as required in the accrediting 235 
standards of the Council for Accreditation of Counseling and 236 
Related Educational Programs for mental health counseling 237 
programs. This experience may not be used to satisfy the post -238 
master's clinical experience requirement. 239 
 2.  Has Provided additional documentation if a course title 240 
that appears on the applicant's transcript does not clearly 241 
identify the content of the coursework. Th e documentation must 242 
include, but is not limited to, a syllabus or catalog 243 
description published for the course. 244 
 245 
Education and training in mental health counseling must have 246 
been received in an institution of higher education that, at the 247 
time the applicant graduated, was fully accredited by an 248 
institutional a regional accrediting body recognized by the 249 
Council for Higher Education Accreditation or its successor 250     
 
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organization or publicly recognized as a member in good standing 251 
with the Association of Univer sities and Colleges of Canada, or 252 
an institution of higher education located outside the United 253 
States and Canada which, at the time the applicant was enrolled 254 
and at the time the applicant graduated, maintained a standard 255 
of training substantially equival ent to the standards of 256 
training of those institutions in the United States which are 257 
accredited by an institutional a regional accrediting body 258 
recognized by the Council for Higher Education Accreditation or 259 
its successor organization. Such foreign education and training 260 
must have been received in an institution or program of higher 261 
education officially recognized by the governme nt of the country 262 
in which it is located as an institution or program to train 263 
students to practice as mental health counselors. The applicant 264 
has the burden of establishing that the requirements of this 265 
provision have been met, and the board shall require 266 
documentation, such as an evaluation by a foreign equivalency 267 
determination service, as evidence that the applicant's graduate 268 
degree program and education were equivalent to an accredited 269 
program in this country. Beginning July 1, 2025, an applicant 270 
must have a master's degree from a program that is accredited by 271 
the Council for Accreditation of Counseling and Related 272 
Educational Programs , the Masters in Psychology and Counseling 273 
Accreditation Council, or an equivalent accrediting body which 274 
consists of at least 60 semester hours or 80 quarter hours to 275     
 
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apply for licensure under this paragraph. 276 
 (c)  Completed Has had at least 2 years of clinical 277 
experience in mental health counseling, which must be at the 278 
post-master's level under the supervision of a lice nsed mental 279 
health counselor or the equivalent who is a qualified supervisor 280 
as determined by the board. An individual who intends to 281 
practice in Florida to satisfy the clinical experience 282 
requirements must register pursuant to s. 491.0045 before 283 
commencing practice. If a graduate has a master's degree with a 284 
major related to the practice of mental health counseling which 285 
did not include all the coursework required under sub -286 
subparagraphs (b)1.a. and b., credit for the post -master's level 287 
clinical experience may not commence until the applicant has 288 
completed a minimum of seven of the courses required under sub -289 
subparagraphs (b)1.a. and b., as determined by the board, one of 290 
which must be a course in psychopathology or abnormal 291 
psychology. A doctoral internsh ip may be applied toward the 292 
clinical experience requirement. A licensed mental health 293 
professional must be on the premises when clinical services are 294 
provided by a registered intern in a private practice setting. 295 
 (d)  Has Passed a theory and practice exa mination 296 
designated provided by board rule the department for this 297 
purpose. 298 
 (e)  Has Demonstrated, in a manner designated by board 299 
rule, knowledge of the laws and rules governing the practice of 300     
 
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clinical social work, marriage and family therapy, and mental 301 
health counseling. 302 
 Section 2.  This act shall take effect upon becoming a law. 303