This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0343.PPH
DATE: 1/11/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 343 Mental Health Professional Licensure
SPONSOR(S): Koster and others
TIED BILLS: IDEN./SIM. BILLS: SB 566
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee Morris McElroy
2) Health & Human Services Committee
SUMMARY ANALYSIS
Marriage and family therapists are trained mental health professionals who diagnose and treat mental health
and emotional disorders within the context of marriage and family systems. A marriage and family therapist
may treat a wide range of clinical problems, including depression, marital problems, child-parent problems, as
well as individual problems. A mental health counselor is an individual who uses scientific and applied
behavioral science theories, methods, and techniques to describe, prevent, and treat undesired behavior and
enhance mental health and human development. The Board of Clinical Social Work, Marriage and Family
Therapy, and Mental Health Counseling within the Department of Health (DOH) regulates the practice of
marriage and family therapy and mental health counseling.
In 2020, the Legislature passed HB 713 which, among other things, revised the licensure requirements for
marriage and family therapists. Beginning on July 1, 2020, applicants for licensure must hold a master’s
degree from a program accredited by the Commission of Accreditation for Marriage and Family Therapy
Education or a Florida university accredited by the Council for Accreditation of Counseling and Related
Educational Programs (CACREP). However, the legislation did not provide a window of time for education
programs which did not have those specific accreditations at the time the law was enacted to become
accredited, meaning students who graduate on or after July 1, 2020, from such programs do not meet the
accreditation qualification for licensure in Florida. HB 343 revises educational requirements for marriage and
family therapy and mental health counselor licenses. The bill allows DOH to continue to issue licenses to
graduates of otherwise qualified Florida marriage and family therapy programs until July 1, 2027, while such
programs seek accreditation.
A mental health counselor is an individual who uses scientific and applied behavioral science theories,
methods, and techniques to describe, prevent, and treat undesired behavior and enhance mental health and
human development. The same 2020 legislation also revised the licensure requirements for mental health
counselors by requiring applicants for licensure who apply after July 1, 2025, to hold a master’s degree from a
program accredited by CACREP. There are currently sixteen university mental health counselor programs
accredited by CACREP in this state. The University of West Florida’s (UWF) mental health counselor program
is the only program accredited by the Masters in Psychology and Counseling Accreditation Council (MPCAC)
in this state. Thus, beginning in 2025, UWF graduates will not meet the requirements for licensure as a mental
health counselor. The bill adds the MPCAC, or an equivalent body, as an authorized accrediting body for
mental health counselor education programs beginning on July 1, 2025, allowing UWF to continue to graduate
students who will meet the accreditation requirements for licensure.
The bill has an insignificant, negative fiscal impact on DOH and no fiscal impact on local governments.
The bill takes effect upon becoming law. STORAGE NAME: h0343.PPH PAGE: 2
DATE: 1/11/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHA NGES:
Background
Marriage and Family Therapists
Marriage and family therapy incorporates marriage and family therapy, psychotherapy, hypnotherapy,
sex therapy, counseling, behavior modification, consultation, client-centered advocacy, crisis
intervention, and the provision of needed information and education to clients.
1
An applicant seeking
licensure as a mental health counselor must:
2
Possess a master’s degree from an a program accredited by the Commission on Accreditation
for Marriage and Family Therapy Education or from a Florida university program accredited by
the Council for Accreditation of Counseling and Related Educational Programs and board-
approved graduate courses;
3
Complete two years of post-master’s supervised experience under the supervision of a licensed
marriage and family therapist with five years of experience or the equivalent who is a qualified
supervisor as determined by the board;
Pass a board-approved examination; and
Demonstrate knowledge of laws and rules governing the practice.
DOH must verify that an applicant’s education matches the specified courses and hours as outlined in
statute. However, there are organizations that accredit marriage and family therapy education
programs, including the Commission on Accreditation for Marriage and Family Therapy Education
(COAMFTE) and the Council for the Accreditation of Counseling and Related Educational Programs
(CACREP) that establish the minimum standards to meet the requirements to practice the profession.
4
In 2020, the Legislature passed HB 713, which, among other things, revised licensure requirements for
marriage and family therapists. Beginning on July 1, 2020, applicants for licensure must possess a
master’s degree from an a program accredited by COAMFTE or from a Florida university program
accredited by CACREP and board-approved graduate courses.
5
However, a window of time was not
granted for education programs which were unaccredited at the time to apply for and obtain such
accreditation, meaning students who graduate on or after July 1, 2020, from such programs do not
meet the accreditation qualifications for licensure in Florida.
6
Currently, six universities in Florida have a
marriage and family therapy program that is not accredited by either COAMFTE or CACREP.
7
1
Department of Health, Agency Analysis of House Bill 343 (Oct. 25, 2021).
2
Section 491.005(3), F.S. An individual may qualify for a dual license in marriage and family therapy if he or she passes an
examination in marriage and family therapy and has held an active license for at least three years as a psychologist, clinical social
worker, mental health counselor, or advanced registered nurse practitioner who is determined by the Board of Nursing to be a specialist
in psychiatric mental health (s. 491.0057, F.S.)
3
Ch. 2020-133, Laws of Fla, required applicants for licensure as a marriage and family therapist to graduate from an accredited
program or an accredited Florida university program.
4
See Commission on Accreditation for Marriage and Family Therapy Education, What Are the Benefits of COAMFTE Accreditation,
https://www.coamfte.org/COAMFTE/Accreditation/About_Accreditation.aspx (last visited March 16, 2021), and Council for the
Accreditation of Counseling and Related Educational Programs, About CACREP, https://www.cacrep.org/about-cacrep/ (last visited
March 16, 2021).
5
Section 491.005, F.S. (2020).
6
Supra, note 1.
7
Email from Andrew Love, Director of Legislative Planning, Department of Health, MFT Follow-up, (July 27, 2021). The universities are
Carlos Albizu, Jacksonville University, Palm Beach Atlantic University, St. Thomas University, University of Miami, and University of
Phenix. STORAGE NAME: h0343.PPH PAGE: 3
DATE: 1/11/2022
Mental Health Counselors
A mental health counselor is an individual who uses scientific and applied behavioral science theories,
methods, and techniques to describe, prevent, and treat undesired behavior and enhance mental
health and human development and is based on research and theory in personality, family, group, and
organizational dynamics and development, career planning, cultural diversity, human growth and
development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and
rehabilitation.
8
To qualify for licensure as a mental health counselor, an individual must:
9
Have a master’s degree from a mental health counseling program accredited by CACREP, or a
program related to the practice of mental health counseling that includes coursework and a 700-
hour practicum, internship, or fieldwork of which at least 280 hours must be in direct client
services;
Have at least two years of post-master’s supervised clinical experience in mental health
counseling;
Pass an examination from the Professional Examination Service for the National Academy of
Certified Clinical Mental Health Counselors; and
Pass an eight-hour course on Florida laws and rules approved by the Board of Clinical Social
Work, Marriage and Family Therapy, and Mental Health Counseling.
10
Ch. 2020-133, L.O.F, also revised licensure requirements for mental health counselors. Beginning July
1, 2025, applicants for licensure as a mental health counselor must hold a master’s degree from a
program accredited by CACREP.
11
The CACREP accreditation standards require 60 credits of
specified educational content and a 700-hour practicum requiring face-to-face psychotherapy.
12
There
are currently sixteen universities in this state accredited by CACREP.
13
The University of West Florida’s
(UWF) mental health counselor program is the only program accredited by the Masters in Psychology
and Counseling Accreditation Council in this state.
14
Thus, beginning in 2025, UWF’s current
accreditation for its mental health counselor program will not be sufficient for graduates to meet
licensure requirements in this state.
Effect of the Bill
Marriage and Family Therapists
The bill allows DOH to continue to issue licenses to graduates of otherwise qualified Florida marriage
and family therapy programs until July 1, 2027, while such programs seek accreditation.
Mental Health Counselors
The bill adds the Masters in Psychology and Counseling Accreditation Council, or an equivalent body,
as an authorized accrediting body for mental health counselor education programs beginning on July 1,
2025. This will allow UWF to continue to graduate students who are eligible for licensure in this state.
B. SECTION DIRECTORY:
Section 1: Amends s. 491.005, F.S., relating to licensure by examination.
Section 2: Provides the bill shall take effect upon becoming a law.
8
Sections 491.003(6) and (9), F.S.
9
Section 491.005(4), F.S.
10
Section 491.005(4), F.S., and r. 64B4-3.0035, F.A.C.
11
Section 491.005(4)(b), F.S.
12
Supra, note 1.
13
Council for Accreditation for Counseling and Related Educational Programs, Find a Program, https://www.cacrep.org/directory/ (last
visited Dec. 22, 2021).
14
Masters in Psychology and Counseling Accreditation Council, Accredited Programs, http://mpcacaccreditation.org/accredited-
programs/ (last visited Dec. 22, 2021). STORAGE NAME: h0343.PPH PAGE: 4
DATE: 1/11/2022
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DOH will experience a non-recurring increase in workload to update IT systems and websites, the
impact of which can be absorbed within current resources.
15
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Rule-making authority is not needed to implement the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
15
Supra, note 1.