FL
Florida House Bill H1521

Florida 2022 Regular Session

Florida House Bill H1521 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to Professional Counselors Licensure 2
1616 Compact; creating s. 491.017, F.S.; creating the 3
1717 Professional Counselors Licensure Compact; providing 4
1818 purposes and objectives; defining terms; specifying 5
1919 requirements for state participation in the compa ct; 6
2020 specifying duties of member states; specifying that 7
2121 the compact does not affect an individual's ability to 8
2222 apply for, and a member state's ability to grant, a 9
2323 single state license pursuant to the laws of that 10
2424 state; providing construction; providing fo r 11
2525 recognition of the privilege to practice licensed 12
2626 professional counseling in member states; specifying 13
2727 criteria a licensed professional counselor must meet 14
2828 for the privilege to practice under the compact; 15
2929 providing for the expiration and renewal of the 16
3030 privilege to practice; providing construction; 17
3131 specifying that a licensee with a privilege to 18
3232 practice in a remote state must adhere to the laws and 19
3333 rules of that state; authorizing member states to act 20
3434 on a licensee's privilege to practice under certain 21
3535 circumstances; specifying the consequences and 22
3636 parameters of practice for a licensee whose privilege 23
3737 to practice has been acted on or whose home state 24
3838 license is encumbered; specifying that a licensed 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 professional counselor may hold a home state license 26
5252 in only one member state at a time; specifying 27
5353 requirements and procedures for changing a home state 28
5454 license designation; providing construction; 29
5555 authorizing active duty military personnel or their 30
5656 spouses to keep their home state designation during 31
5757 active duty; specifying how such individuals may 32
5858 subsequently change their home state license 33
5959 designation; providing for the recognition of the 34
6060 practice of professional counseling through telehealth 35
6161 in member states; specifying that licensees must 36
6262 adhere to the laws and rules of the remote state in 37
6363 which they provide professional counseling through 38
6464 telehealth; authorizing member states to take adverse 39
6565 actions against licensees and issue subpoenas for 40
6666 hearings and investigations under certain 41
6767 circumstances; providing requirements and procedures 42
6868 for adverse action; authorizing member states to 43
6969 engage in joint investigations under certain 44
7070 circumstances; providing that a licensee's privilege 45
7171 to practice must be deactivated in all member states 46
7272 for the duration of an encum brance imposed by the 47
7373 licensee's home state; providing for notice to the 48
7474 data system and the licensee's home state of any 49
7575 adverse action taken against a licensee; providing 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 construction; establishing the Counseling Compact 51
8989 Commission; providing for the jur isdiction and venue 52
9090 for court proceedings; providing construction; 53
9191 providing for membership, meetings, and powers of the 54
9292 commission; specifying powers and duties of the 55
9393 commission's executive committee; providing for the 56
9494 financing of the commission; provid ing commission 57
9595 members, officers, executive directors, employees, and 58
9696 representatives immunity from civil liability under 59
9797 certain circumstances; providing exceptions; requiring 60
9898 the commission to defend the commission's members, 61
9999 officers, executive director s, employees, and 62
100100 representative in civil actions under certain 63
101101 circumstances; providing construction; requiring the 64
102102 commission to indemnify and hold harmless such 65
103103 individuals for any settlement or judgment obtained in 66
104104 such actions under certain circumstan ces; providing 67
105105 for the development of the data system, reporting 68
106106 procedures, and the exchange of specified information 69
107107 between member states; requiring the commission to 70
108108 notify member states of any adverse action taken 71
109109 against a licensee or applicant for l icensure; 72
110110 authorizing member states to designate as confidential 73
111111 information provided to the data system; requiring the 74
112112 commission to remove information from the data system 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 under certain circumstances; providing rulemaking 76
126126 procedures for the commission; p roviding for member 77
127127 state enforcement of the compact; specifying that the 78
128128 compact and commission rules have standing as 79
129129 statutory law in member states; specifying that the 80
130130 commission is entitled to receive notice of process, 81
131131 and has standing to intervene, in certain judicial and 82
132132 administrative proceedings; rendering certain 83
133133 judgments and orders void as to the commission, the 84
134134 compact, or commission rules under certain 85
135135 circumstances; providing for defaults and termination 86
136136 of compact membership; providing proc edures for the 87
137137 resolution of certain disputes; providing for 88
138138 commission enforcement of the compact; providing for 89
139139 remedies; providing construction; providing for 90
140140 implementation of, withdrawal from, and amendment to 91
141141 the compact; providing construction; spec ifying that 92
142142 licensees practicing in a remote state under the 93
143143 compact must adhere to the laws and rules of the 94
144144 remote state; providing construction; specifying that 95
145145 the compact, commission rules, and commission actions 96
146146 are binding on member states; providin g construction 97
147147 and severability; amending s. 414.065, F.S.; 98
148148 conforming a cross-reference; amending s. 456.073, 99
149149 F.S.; requiring the Department of Health to report 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 certain investigative information to the data system; 101
163163 amending s. 456.076, F.S.; requiring mon itoring 102
164164 contracts for impaired practitioners participating in 103
165165 treatment programs to contain certain terms; amending 104
166166 s. 491.003, F.S.; defining the term "licensed 105
167167 professional counselor"; amending s. 491.004, F.S.; 106
168168 requiring the Board of Clinical Social Wor k, Marriage 107
169169 and Family Therapy, and Mental Health Counseling to 108
170170 appoint an individual to serve as the state's delegate 109
171171 on the commission; amending ss. 491.005 and 491.006, 110
172172 F.S.; exempting certain persons from licensure 111
173173 requirements; amending s. 491.009, F. S.; authorizing 112
174174 certain disciplinary action under the compact for 113
175175 specified prohibited acts; amending s. 768.28, F.S.; 114
176176 designating the state delegate and other members or 115
177177 employees of the commission as state agents for the 116
178178 purpose of applying waivers of so vereign immunity; 117
179179 requiring the commission to pay certain claims or 118
180180 judgments; authorizing the commission to maintain 119
181181 insurance coverage to pay such claims or judgments; 120
182182 requiring the department to notify the Division of Law 121
183183 Revision upon enactment of the compact into law by 10 122
184184 states; providing a contingent effective date. 123
185185 124
186186 Be It Enacted by the Legislature of the State of Florida: 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 126
200200 Section 1. Section 491.017, Florida Statutes, is created 127
201201 to read: 128
202202 491.017 Professional Counselors Licensure Compact. —The 129
203203 Professional Counselors Licensure Compact is hereby enacted and 130
204204 entered into by this state with all other jurisdictions legally 131
205205 joining therein in the form substantially as follows: 132
206206 133
207207 ARTICLE I 134
208208 PURPOSE 135
209209 The compact is designed to achieve the following purposes 136
210210 and objectives: 137
211211 (1) Facilitate interstate practice of licensed 138
212212 professional counseling to increase public access to 139
213213 professional counseling services by providing for the mutual 140
214214 recognition of other member state licenses. 141
215215 (2) Enhance the member states' ability to protect the 142
216216 public's health and safety. 143
217217 (3) Encourage the cooperation of member states in 144
218218 regulating multistate practice of licensed professional 145
219219 counselors. 146
220220 (4) Support spouses of relocating active duty military 147
221221 personnel. 148
222222 (5) Facilitate the exchange of information between member 149
223223 states regarding licensure, investigations, adverse actions, and 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 disciplinary history of licensed professional counselors. 151
237237 (6) Allow for the use of telehealth technology to 152
238238 facilitate increased access t o professional counseling services. 153
239239 (7) Support the uniformity of professional counseling 154
240240 licensure requirements throughout member states to promote 155
241241 public safety and public health benefits. 156
242242 (8) Provide member states with the authority to hold a 157
243243 licensed professional counselor accountable for meeting all 158
244244 state practice laws in the state in which the client is located 159
245245 at the time care is rendered through the mutual recognition of 160
246246 member state licenses. 161
247247 (9) Eliminate the necessity for licensed pro fessional 162
248248 counselors to hold licenses in multiple states and provide 163
249249 opportunities for interstate practice by licensed professional 164
250250 counselors who meet uniform licensure requirements. 165
251251 166
252252 ARTICLE II 167
253253 DEFINITIONS 168
254254 As used in this compact, the term: 169
255255 (1) "Active duty military" means full -time duty status in 170
256256 the active uniformed service of the United States, including, 171
257257 but not limited to, members of the National Guard and Reserve on 172
258258 active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. 173
259259 (2) "Adverse action" means any administrative, civil, or 174
260260 criminal action authorized by a state's laws which is imposed by 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 a licensing board or other authority against a licensed 176
274274 professional counselor, including actions against an 177
275275 individual's license or privilege to pr actice, such as 178
276276 revocation, suspension, probation, monitoring of the licensee, 179
277277 limitation on the licensee's practice, issuance of a cease and 180
278278 desist action, or any other encumbrance on licensure affecting a 181
279279 licensed professional counselor's authorization t o practice. 182
280280 (3) "Alternative program" means a nondisciplinary 183
281281 monitoring or practice remediation process approved by a 184
282282 professional counseling licensing board to address impaired 185
283283 practitioners. 186
284284 (4) "Continuing education" means a requirement, as a 187
285285 condition of license renewal, to participate in or complete 188
286286 educational and professional activities relevant to the 189
287287 licensee's practice or area of work. 190
288288 (5) "Counseling Compact Commission" or "commission" means 191
289289 the national administrative body whose membershi p consists of 192
290290 all states that have enacted the compact. 193
291291 (6) "Current significant investigative information" means: 194
292292 (a) Investigative information that a licensing board, 195
293293 after a preliminary inquiry that includes notification and an 196
294294 opportunity for the l icensed professional counselor to respond, 197
295295 if required by state law, has reason to believe is not 198
296296 groundless and, if proved true, would indicate more than a minor 199
297297 infraction; or 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 (b) Investigative information that indicates that the 201
311311 licensed professional counselor represents an immediate threat 202
312312 to public health and safety, regardless of whether the licensed 203
313313 professional counselor has been notified and had an opportunity 204
314314 to respond. 205
315315 (7) "Data system" means a repository of information about 206
316316 licensees, including, but not limited to, information relating 207
317317 to continuing education, examinations, licensure statuses, 208
318318 investigations, the privilege to practice, and adverse actions. 209
319319 (8) "Encumbered license" means a license in which an 210
320320 adverse action restricts the p ractice of licensed professional 211
321321 counseling by the licensee and said adverse action has been 212
322322 reported to the National Practitioner Data Bank. 213
323323 (9) "Encumbrance" means a revocation or suspension of, or 214
324324 any limitation on, the full and unrestricted practice of 215
325325 licensed professional counseling by a licensing board. 216
326326 (10) "Executive committee" means a group of directors 217
327327 elected or appointed to act on behalf of, and within the powers 218
328328 granted to them by, the commission. 219
329329 (11) "Home state" means the member state that is the 220
330330 licensee's primary state of residence. 221
331331 (12) "Impaired practitioner" means an individual who has a 222
332332 condition that may impair his or her ability to safely practice 223
333333 as a licensed professional counselor without intervention. Such 224
334334 impairment may include, but is not limited to, alcohol or drug 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 dependence, mental health conditions, and neurological or 226
348348 physical conditions. 227
349349 (13) "Investigative information" means information, 228
350350 records, or documents received or generated by a professional 229
351351 counseling licensing board pursuant to an investigation. 230
352352 (14) "Jurisprudence requirement," if required by a member 231
353353 state, means the assessment of an individual's knowledge of the 232
354354 laws and rules governing the practice of professional counseling 233
355355 in a state. 234
356356 (15) "Licensed professional counselor" means a counselor 235
357357 licensed by a member state, regardless of the title used by that 236
358358 state, to independently assess, diagnose, and treat behavioral 237
359359 health conditions. 238
360360 (16) "Licensee" means an individual who currently holds an 239
361361 authorization from the state to practice as a licensed 240
362362 professional counselor. 241
363363 (17) "Licensing board" means the agency of a state, or 242
364364 equivalent, that is responsible for the licensing and regulation 243
365365 of licensed professional counselors. 244
366366 (18) "Member state" means a state that has enacted the 245
367367 compact. 246
368368 (19) "Privilege to practice" means a legal authorization, 247
369369 which is equivalent to a license, authorizing the practice of 248
370370 professional counseling in a remote state. 249
371371 (20) "Professional counseling" means the assessment, 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 diagnosis, and treatment of behavioral health conditions by a 251
385385 licensed professional counselor. 252
386386 (21) "Remote state" means a member state, other than the 253
387387 home state, where a licensee is exercising or se eking to 254
388388 exercise the privilege to practice. 255
389389 (22) "Rule" means a regulation adopted by the commission 256
390390 which has the force of law. 257
391391 (23) "Single state license" means a licensed professional 258
392392 counselor license issued by a member state which authorizes 259
393393 practice only within the issuing state and does not include a 260
394394 privilege to practice in any other member state. 261
395395 (24) "State" means any state, commonwealth, district, or 262
396396 territory of the United States of America which regulates the 263
397397 practice of professional counseling. 264
398398 (25) "Telehealth" means the application of 265
399399 telecommunication technology to deliver professional counseling 266
400400 services remotely to assess, diagnose, and treat behavioral 267
401401 health conditions. 268
402402 (26) "Unencumbered license" means a license that 269
403403 authorizes a licensed professional counselor to engage in the 270
404404 full and unrestricted practice of professional counseling. 271
405405 272
406406 ARTICLE III 273
407407 STATE PARTICIPATION 274
408408 (1) To participate in the compact, a state must currently 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 do all of the following: 276
422422 (a) License and regu late licensed professional counselors. 277
423423 (b) Require licensees to pass a nationally recognized exam 278
424424 approved by the commission. 279
425425 (c) Require licensees to have a 60 semester hour, or 90 280
426426 quarter hour, master's degree in counseling or 60 semester 281
427427 hours, or 90 quarter hours, of graduate coursework including all 282
428428 of the following topic areas: 283
429429 1. Professional counseling orientation and ethical 284
430430 practice. 285
431431 2. Social and cultural diversity. 286
432432 3. Human growth and development. 287
433433 4. Career development. 288
434434 5. Counseling and helping relationships. 289
435435 6. Group counseling and group work. 290
436436 7. Diagnosis, assessment, testing, and treatment. 291
437437 8. Research and program evaluation. 292
438438 9. Other areas as determined by the commission. 293
439439 (d) Require licensees to complete a supervised 294
440440 postgraduate professional experience as defined by the 295
441441 commission. 296
442442 (e) Have a mechanism in place for receiving and 297
443443 investigating complaints about licensees. 298
444444 (2) A member state shall do all of the following: 299
445445 (a) Participate fully in the commission's data system, 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 including using the commission's unique identifier as defined in 301
459459 rules adopted by the commission. 302
460460 (b) Notify the commission, in compliance with the terms of 303
461461 the compact and rules adopted by the commission, of any adverse 304
462462 action or the availa bility of investigative information 305
463463 regarding a licensee. 306
464464 (c) Implement or utilize procedures for considering the 307
465465 criminal history records of applicants for an initial privilege 308
466466 to practice. These procedures must include the submission of 309
467467 fingerprints or other biometric-based information by applicants 310
468468 for the purpose of obtaining an applicant's criminal history 311
469469 record information from the Federal Bureau of Investigation and 312
470470 the agency responsible for retaining that state's criminal 313
471471 records. 314
472472 1. A member state must fully implement a criminal 315
473473 background check requirement, within a timeframe established by 316
474474 rule, by receiving the results of the Federal Bureau of 317
475475 Investigation record search and shall use the results in making 318
476476 licensure decisions. 319
477477 2. Communication between a member state and the commission 320
478478 and among member states regarding the verification of 321
479479 eligibility for licensure through the compact may not include 322
480480 any information received from the Federal Bureau of 323
481481 Investigation relating to a federal crim inal records check 324
482482 performed by a member state under Public Law 92 -544. 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 (d) Comply with the rules adopted by the commission. 326
496496 (e) Require an applicant to obtain or retain a license in 327
497497 the home state and meet the home state's qualifications for 328
498498 licensure or renewal of licensure, as well as all other 329
499499 applicable state laws. 330
500500 (f) Grant the privilege to practice to a licensee holding 331
501501 a valid unencumbered license in another member state in 332
502502 accordance with the terms of the compact and rules adopted by 333
503503 the commission. 334
504504 (g) Provide for the attendance of the state's commissioner 335
505505 at the commission meetings. 336
506506 (3) Individuals not residing in a member state may 337
507507 continue to apply for a member state's single state license as 338
508508 provided under the laws of each member stat e. However, the 339
509509 single state license granted to these individuals may not be 340
510510 recognized as granting a privilege to practice professional 341
511511 counseling under the compact in any other member state. 342
512512 (4) Nothing in this compact affects the requirements 343
513513 established by a member state for the issuance of a single state 344
514514 license. 345
515515 (5) A professional counselor license issued by a home 346
516516 state to a resident of that state must be recognized by each 347
517517 member state as authorizing that licensed professional counselor 348
518518 to practice professional counseling, under a privilege to 349
519519 practice, in each member state. 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 351
533533 ARTICLE IV 352
534534 PRIVILEGE TO PRACTICE 353
535535 (1) To exercise the privilege to practice under the terms 354
536536 and provisions of the compact, the licensee must meet all of the 355
537537 following criteria: 356
538538 (a) Hold a license in the home state. 357
539539 (b) Have a valid United States Social Security Number or 358
540540 national provider identifier. 359
541541 (c) Be eligible for a privilege to practice in any member 360
542542 state in accordance with subsections (4), (7), and (8). 361
543543 (d) Have not had any encumbrance or restriction against 362
544544 any license or privilege to practice within the preceding 2 363
545545 years. 364
546546 (e) Notify the commission that the licensee is seeking the 365
547547 privilege to practice within a remote state. 366
548548 (f) Meet any continuing educa tion requirements established 367
549549 by the home state. 368
550550 (g) Meet any jurisprudence requirements established by the 369
551551 remote state in which the licensee is seeking a privilege to 370
552552 practice. 371
553553 (h) Report to the commission any adverse action, 372
554554 encumbrance, or restrict ion on a license taken by any nonmember 373
555555 state within 30 days after the action is taken. 374
556556 (2) The privilege to practice is valid until the 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569569 expiration date of the home state license. The licensee must 376
570570 continue to meet the criteria specified in subsection (1 ) to 377
571571 renew the privilege to practice in the remote state. 378
572572 (3) For purposes of the compact, the practice of 379
573573 professional counseling occurs in the state where the client is 380
574574 located at the time of the counseling services. The compact does 381
575575 not affect the regulatory authority of states to protect public 382
576576 health and safety through their own system of state licensure. 383
577577 (4) A licensee providing professional counseling in a 384
578578 remote state under the privilege to practice must adhere to the 385
579579 laws and regulations of the remote state. 386
580580 (5) A licensee providing professional counseling services 387
581581 in a remote state is subject to that state's regulatory 388
582582 authority. A remote state may, in accordance with due process 389
583583 and that state's laws, remove a licensee's privilege to practice 390
584584 in the remote state for a specified period of time, impose 391
585585 fines, or take any other action necessary to protect the health 392
586586 and safety of its residents. The licensee may be ineligible for 393
587587 a privilege to practice in any member state until the specif ic 394
588588 time for removal has passed and all fines are paid. 395
589589 (6) If a home state license is encumbered, a licensee 396
590590 loses the privilege to practice in any remote state until both 397
591591 of the following conditions are met: 398
592592 (a) The home state license is no longer enc umbered. 399
593593 (b) The licensee has not had any encumbrance or 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 restriction against any license or privilege to practice within 401
607607 the preceding 2 years. 402
608608 (7) Once an encumbered license in the licensee's home 403
609609 state is restored to good standing, the licensee may obtain a 404
610610 privilege to practice in any remote state if he or she meets the 405
611611 requirements of subsection (1). 406
612612 (8) If a licensee's privilege to practice in any remote 407
613613 state is removed, the individual may lose the privilege to 408
614614 practice in all other remote stat es until all of the following 409
615615 conditions are met: 410
616616 (a) The specified period of time for which the privilege 411
617617 to practice was removed has ended. 412
618618 (b) The licensee has paid all fines imposed. 413
619619 (c) The licensee has not had any encumbrance or 414
620620 restriction against any license or privilege to practice within 415
621621 the preceding 2 years. 416
622622 (9) Once the requirements of subsection (8) have been met, 417
623623 the licensee may obtain a privilege to practice in a remote 418
624624 state if he or she meets the requirements in subsection (1). 419
625625 420
626626 ARTICLE V 421
627627 OBTAINING A NEW HOME STATE LICENSE BASED ON A 422
628628 PRIVILEGE TO PRACTICE 423
629629 (1) A licensed professional counselor may hold a home 424
630630 state license, which allows for a privilege to practice in other 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 member states, in only one member state at a time. 426
644644 (2) If a licensed professional counselor changes his or 427
645645 her primary state of residence by moving between two member 428
646646 states, then the licensed professional counselor must file an 429
647647 application for obtaining a new home state license based on a 430
648648 privilege to practic e and notify the current and new home state 431
649649 in accordance with applicable rules adopted by the commission. 432
650650 (3) Upon receipt of an application for obtaining a new 433
651651 home state license based on a privilege to practice, the new 434
652652 home state must verify that the licensed professional counselor 435
653653 meets the criteria outlined in article IV through the data 436
654654 system. The new home state does not need to seek primary source 437
655655 verification for information obtained from the data system, 438
656656 except for the following: 439
657657 (a) A Federal Bureau of Investigation fingerprint -based 440
658658 criminal background check, if not previously performed or 441
659659 updated pursuant to applicable rules adopted by the commission 442
660660 in accordance with Public Law 92 -544; 443
661661 (b) Any other criminal background check as required by the 444
662662 new home state; and 445
663663 (c) Proof of completion of any requisite jurisprudence 446
664664 requirements of the new home state. 447
665665 (4) The former home state shall convert the former home 448
666666 state license into a privilege to practice once the new home 449
667667 state has activated the new home state license in accordance 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 with applicable rules adopted by the commission. 451
681681 (5) Notwithstanding any other provision of the compact, if 452
682682 the licensed professional counselor does not meet the criteria 453
683683 in article IV, the new home state may apply its own requirements 454
684684 for issuing a new single state license. 455
685685 (6) If a licensed professional counselor changes his or 456
686686 her primary state of residence by moving from a member state to 457
687687 a nonmember state or from a nonmember state to a member state, 458
688688 the new state's own criteria apply for issuance of a single 459
689689 state license in the new state. 460
690690 (7) The compact does not interfere with a licensee's 461
691691 ability to hold a single state license in multiple states. 462
692692 However, for the purposes of the compact, a licensee m ay have 463
693693 only one home state license. 464
694694 (8) The compact does not affect the requirements 465
695695 established by a member state for the issuance of a single state 466
696696 license. 467
697697 468
698698 ARTICLE VI 469
699699 ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 470
700700 Active duty military personnel, or their spouse, shall 471
701701 designate a home state where the individual has a current 472
702702 license in good standing. The individual may retain the home 473
703703 state license designation during the period the service member 474
704704 is on active duty. Subsequent to designating a home state, the 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 individual may change his or her home state only through 476
718718 application for licensure in the new state or through the 477
719719 process outlined in article V. 478
720720 479
721721 ARTICLE VII 480
722722 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 481
723723 (1) Member states shall recognize the right of a licensed 482
724724 professional counselor, licensed by a home state in accordance 483
725725 with article III and under rules adopted by the commission, to 484
726726 practice professional counseling in any member state through 485
727727 telehealth under a privilege to practice as provi ded in the 486
728728 compact and rules adopted by the commission. 487
729729 (2) A licensee providing professional counseling services 488
730730 in a remote state through telehealth under the privilege to 489
731731 practice must adhere to the laws and rules of the remote state. 490
732732 491
733733 ARTICLE VIII 492
734734 ADVERSE ACTIONS 493
735735 (1) In addition to the other powers conferred by state 494
736736 law, a remote state has the authority, in accordance with 495
737737 existing state due process law, to do any of the following: 496
738738 (a) Take adverse action against a licensed professional 497
739739 counselor's privilege to practice within that member state. 498
740740 (b) Issue subpoenas for both hearings and investigations 499
741741 that require the attendance and testimony of witnesses or the 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 production of evidence. Subpoenas issued by a licensing board in 501
755755 a member state for the attendance and testimony of witnesses or 502
756756 the production of evidence from another member state must be 503
757757 enforced in the latter state by any court of competent 504
758758 jurisdiction, according to the practice and procedure of that 505
759759 court applicable to subpoenas iss ued in proceedings pending 506
760760 before it. The issuing authority shall pay any witness fees, 507
761761 travel expenses, mileage, and other fees required by the service 508
762762 statutes of the state in which the witnesses or evidence is 509
763763 located. 510
764764 (2) Only the home state has the power to take adverse 511
765765 action against a licensed professional counselor's license 512
766766 issued by the home state. 513
767767 (3) For purposes of taking adverse action, the home state 514
768768 shall give the same priority and effect to reported conduct 515
769769 received from a member state as it would if the conduct had 516
770770 occurred within the home state. The home state shall apply its 517
771771 own state laws to determine appropriate action in such cases. 518
772772 (4) The home state shall complete any pending 519
773773 investigations of a licensed professional counselor who changes 520
774774 primary state of residence during the course of the 521
775775 investigations. The home state may also take appropriate action 522
776776 and shall promptly report the conclusions of the investigations 523
777777 to the administrator of the data system. The administrator of 524
778778 the data system shall promptly notify the new home state of any 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 adverse actions. 526
792792 (5) A member state, if authorized by state law, may 527
793793 recover from the affected licensed professional counselor the 528
794794 costs of investigations and dispositions of any cases resulti ng 529
795795 from adverse action taken against that licensed professional 530
796796 counselor. 531
797797 (6) A member state may take adverse action against a 532
798798 licensed professional counselor based on the factual findings of 533
799799 a remote state, provided that the member state follows its ow n 534
800800 statutory procedures for taking adverse action. 535
801801 (7)(a) In addition to the authority granted to a member 536
802802 state by its respective professional counseling practice act or 537
803803 other applicable state law, any member state may participate 538
804804 with other member state s in joint investigations of licensees. 539
805805 (b) Member states shall share any investigative, 540
806806 litigation, or compliance materials in furtherance of any joint 541
807807 or individual investigation initiated under the compact. 542
808808 (8) If adverse action is taken by the home state against 543
809809 the license of a professional counselor, the licensed 544
810810 professional counselor's privilege to practice in all other 545
811811 member states must be deactivated until all encumbrances have 546
812812 been removed from the home state license. All home state 547
813813 disciplinary orders that impose adverse action against the 548
814814 license of a professional counselor must include a statement 549
815815 that the licensed professional counselor's privilege to practice 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 is deactivated in all member states while the order is in 551
829829 effect. 552
830830 (9) If a member state takes adverse action, it must 553
831831 promptly notify the administrator of the data system. The 554
832832 administrator shall promptly notify the licensee's home state of 555
833833 any adverse actions by remote states. 556
834834 (10) Nothing in the compact overrides a member state 's 557
835835 decision to allow a licensed professional counselor to 558
836836 participate in an alternative program in lieu of adverse action. 559
837837 560
838838 ARTICLE IX 561
839839 ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 562
840840 (1) COMMISSION CREATED. —The compact member states hereby 563
841841 create and establish a joint public agency known as the 564
842842 Counseling Compact Commission. 565
843843 (a) The commission is an instrumentality of the compact 566
844844 states. 567
845845 (b) Venue is proper, and judicial proceedings by or 568
846846 against the commission shall be brought solely and exclusive ly 569
847847 in a court of competent jurisdiction where the principal office 570
848848 of the commission is located. The commission may waive venue and 571
849849 jurisdictional defenses to the extent that it adopts or consents 572
850850 to participate in alternative dispute resolution proceeding s. 573
851851 (c) Nothing in the compact may be construed to be a waiver 574
852852 of sovereign immunity. 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 (2) MEMBERSHIP.— 576
866866 (a) The commission shall consist of one voting delegate, 577
867867 appointed by each member state's licensing board. The 578
868868 commission, by rule, shall establish a term of office for 579
869869 delegates and may establish term limits. 580
870870 (b) The delegate must be either: 581
871871 1. A current member of the licensing board at the time of 582
872872 appointment, who is a licensed professional counselor or public 583
873873 member; or 584
874874 2. An administrator of the licensing board. 585
875875 (c) A delegate may be removed or suspended from office as 586
876876 provided by the law of the state from which the delegate is 587
877877 appointed. 588
878878 (d) The member state licensing board must fill any vacancy 589
879879 occurring on the commission within 60 days . 590
880880 (e) Each delegate is entitled to one vote with regard to 591
881881 the adoption of rules and creation of bylaws and shall otherwise 592
882882 participate in the business and affairs of the commission. 593
883883 (f) A delegate shall vote in person or by such other means 594
884884 as provided in the bylaws. The bylaws may provide for delegates' 595
885885 participation in meetings by telephone or other means of 596
886886 communication. 597
887887 (3) MEETINGS OF THE COMMISSION. — 598
888888 (a) The commission shall meet at least once during each 599
889889 calendar year. Additional meetings m ust be held as set forth in 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 the bylaws. 601
903903 (b) All meetings must be open to the public, and public 602
904904 notice of meetings must be given in the same manner as required 603
905905 under the rulemaking provisions in article XI. 604
906906 (c) The commission or the executive committee or other 605
907907 committees of the commission may convene in a closed, nonpublic 606
908908 meeting if the commission or executive committee or other 607
909909 committees of the commission must discuss any of the following: 608
910910 1. Noncompliance of a member state with its obligations 609
911911 under the compact. 610
912912 2. The employment, compensation, discipline, or other 611
913913 matters, practices, or procedures related to specific employees, 612
914914 or other matters related to the commission's internal personnel 613
915915 practices and procedures. 614
916916 3. Current, threatened, or reasonably anticipated 615
917917 litigation. 616
918918 4. Negotiation of contracts for the purchase, lease, or 617
919919 sale of goods, services, or real estate. 618
920920 5. Accusing any person of a crime or formally censuring 619
921921 any person. 620
922922 6. Disclosure of trade secrets or commercial or f inancial 621
923923 information that is privileged or confidential. 622
924924 7. Disclosure of information of a personal nature if 623
925925 disclosure would constitute a clearly unwarranted invasion of 624
926926 personal privacy. 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 8. Disclosure of investigative records compiled for law 626
940940 enforcement purposes. 627
941941 9. Disclosure of information related to any investigative 628
942942 reports prepared by or on behalf of or for use of the commission 629
943943 or other committee charged with responsibility of investigation 630
944944 or determination of compliance issues pursuant to t he compact. 631
945945 10. Matters specifically exempted from disclosure by 632
946946 federal or member state law. 633
947947 (d) If a meeting, or portion of a meeting, is closed under 634
948948 this subsection, the commission's legal counsel or designee must 635
949949 certify that the meeting may be cl osed and must reference each 636
950950 relevant exempting provision. 637
951951 (e) The commission shall keep minutes that fully and 638
952952 clearly describe all matters discussed in a meeting and shall 639
953953 provide a full and accurate summary of actions taken, and the 640
954954 reasons therefore, including a description of the views 641
955955 expressed. All documents considered in connection with an action 642
956956 must be identified in such minutes. All minutes and documents of 643
957957 a closed meeting must remain under seal, subject to release by a 644
958958 majority vote of the co mmission or order of a court of competent 645
959959 jurisdiction. 646
960960 (4) POWERS.—The commission may do any of the following: 647
961961 (a) Establish the fiscal year of the commission. 648
962962 (b) Establish bylaws. 649
963963 (c) Maintain its financial records in accordance with the 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 bylaws. 651
977977 (d) Meet and take actions that are consistent with the 652
978978 compact and bylaws. 653
979979 (e) Adopt rules that are binding to the extent and in the 654
980980 manner provided for in the compact. 655
981981 (f) Initiate and prosecute legal proceedings or actions in 656
982982 the name of the commission, provided that the standing of any 657
983983 state licensing board to sue or be sued under applicable law is 658
984984 not affected. 659
985985 (g) Purchase and maintain insurance and bonds. 660
986986 (h) Borrow, accept, or contract for services of personnel, 661
987987 including, but not lim ited to, employees of a member state. 662
988988 (i) Hire employees and elect or appoint officers; fix 663
989989 compensation for, define duties of, and grant appropriate 664
990990 authority to such employees and officers to carry out the 665
991991 purposes of the compact; and establish the com mission's 666
992992 personnel policies and programs relating to conflicts of 667
993993 interest, qualifications of personnel, and other related 668
994994 personnel matters. 669
995995 (j) Accept any and all appropriate donations and grants of 670
996996 money, equipment, supplies, materials, and services, and 671
997997 receive, utilize, and dispose of the same, provided that at all 672
998998 times the commission avoids any appearance of impropriety or 673
999999 conflict of interest. 674
10001000 (k) Lease, purchase, accept appropriate gifts or donations 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 of, or otherwise own, hold, improve, or use , any property, real, 676
10141014 personal, or mixed, provided that at all times the commission 677
10151015 avoids any appearance of impropriety or conflict of interest. 678
10161016 (l) Sell, convey, mortgage, pledge, lease, exchange, 679
10171017 abandon, or otherwise dispose of any property, real, pe rsonal, 680
10181018 or mixed. 681
10191019 (m) Establish a budget and make expenditures. 682
10201020 (n) Borrow money. 683
10211021 (o) Appoint committees, including standing committees 684
10221022 consisting of commission members, state regulators, state 685
10231023 legislators or their representatives, and consumer 686
10241024 representatives, and such other interested persons as may be 687
10251025 designated in the compact and bylaws. 688
10261026 (p) Provide information to, receive information from, and 689
10271027 cooperate with law enforcement agencies. 690
10281028 (q) Establish and elect an executive committee. 691
10291029 (r) Perform any other function that may be necessary or 692
10301030 appropriate to achieve the purposes of the compact and is 693
10311031 consistent with the state regulation of professional counseling 694
10321032 licensure and practice. 695
10331033 (5) THE EXECUTIVE COMMITTEE. — 696
10341034 (a) The executive commit tee may act on behalf of the 697
10351035 commission according to the terms of the compact and shall 698
10361036 consist of up to 11 members, as follows: 699
10371037 1. Seven voting members who are elected by the commission 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 from the current membership of the commission. 701
10511051 2. Up to four ex officio, nonvoting members from four 702
10521052 recognized national professional counselor organizations. The ex 703
10531053 officio members shall be selected by their respective 704
10541054 organizations. 705
10551055 (b) The commission may remove any member of the executive 706
10561056 committee as provided in i ts bylaws. 707
10571057 (c) The executive committee shall meet at least annually. 708
10581058 (d) The executive committee shall do all of the following: 709
10591059 1. Make recommendations to the commission for any changes 710
10601060 to the rules, bylaws, or compact legislation. 711
10611061 2. Ensure compact administration services are 712
10621062 appropriately provided, contractually or otherwise. 713
10631063 3. Prepare and recommend the budget. 714
10641064 4. Maintain financial records on behalf of the commission. 715
10651065 5. Monitor compact compliance of member states and provide 716
10661066 compliance reports to the commission. 717
10671067 6. Establish additional committees as necessary. 718
10681068 7. Perform any other duties provided for in the rules or 719
10691069 bylaws. 720
10701070 (6) FINANCING OF THE COMMISSION. — 721
10711071 (a) The commission shall pay, or provide for the payment 722
10721072 of, the reasonable expenses of its establishment, organization, 723
10731073 and ongoing activities. 724
10741074 (b) The commission may accept any appropriate revenue 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 sources, donations, or grants of money, equipment, supplies, 726
10881088 materials, or services. 727
10891089 (c) The commission may not incur obligations of any kind 728
10901090 before securing the funds adequate to meet the same; nor may the 729
10911091 commission pledge the credit of any of the member states, except 730
10921092 by and with the authority of the member state. 731
10931093 (d) The commission shall keep accurate accounts of al l 732
10941094 receipts and disbursements. The receipts and disbursements of 733
10951095 the commission are subject to the audit and accounting 734
10961096 procedures established under its bylaws. However, all receipts 735
10971097 and disbursements of funds handled by the commission must be 736
10981098 audited annually by a certified or licensed public accountant, 737
10991099 and the report of the audit must be included in and become part 738
11001100 of the annual report of the commission. 739
11011101 (7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 740
11021102 (a) The members, officers, executive direct or, employees, 741
11031103 and representatives of the commission are immune from suit and 742
11041104 liability, either personally or in their official capacity, for 743
11051105 any claim for damage to or loss of property or personal injury 744
11061106 or other civil liability caused by or arising out o f any actual 745
11071107 or alleged act, error, or omission that occurred, or that the 746
11081108 person against whom the claim is made had a reasonable basis for 747
11091109 believing occurred, within the scope of commission employment, 748
11101110 duties, or responsibilities. This paragraph may not b e construed 749
11111111 to protect any such person from suit or liability for any 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 damage, loss, injury, or liability caused by the intentional or 751
11251125 willful or wanton misconduct of that person. 752
11261126 (b) The commission shall defend any member, officer, 753
11271127 executive director, em ployee, or representative of the 754
11281128 commission in any civil action seeking to impose liability 755
11291129 arising out of any actual or alleged act, error, or omission 756
11301130 that occurred, or that the person against whom the claim is made 757
11311131 had a reasonable basis for believing o ccurred, within the scope 758
11321132 of commission employment, duties, or responsibilities, provided 759
11331133 that the actual or alleged act, error, or omission did not 760
11341134 result from that person's intentional or willful or wanton 761
11351135 misconduct. This paragraph may not be construed to prohibit that 762
11361136 person from retaining his or her own counsel. 763
11371137 (c) The commission shall indemnify and hold harmless any 764
11381138 member, officer, executive director, employee, or representative 765
11391139 of the commission for the amount of any settlement or judgment 766
11401140 obtained against that person arising out of any actual or 767
11411141 alleged act, error, or omission that occurred, or that such 768
11421142 person had a reasonable basis for believing occurred, within the 769
11431143 scope of commission employment, duties, or responsibilities, 770
11441144 provided that the actual or alleged act, error, or omission did 771
11451145 not result from the intentional or willful or wanton misconduct 772
11461146 of that person. 773
11471147 774
11481148 ARTICLE X 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 DATA SYSTEM 776
11621162 (1) The commission shall provide for the development, 777
11631163 operation, and maintenance of a coordinated databas e and 778
11641164 reporting system containing licensure, adverse action, and 779
11651165 investigative information on all licensed professional 780
11661166 counselors in member states. 781
11671167 (2) Notwithstanding any other provision of state law to 782
11681168 the contrary, a member state shall submit a unifo rm data set to 783
11691169 the data system on all licensees to whom the compact is 784
11701170 applicable, as required by the rules of the commission, 785
11711171 including all of the following: 786
11721172 (a) Identifying information. 787
11731173 (b) Licensure data. 788
11741174 (c) Adverse actions against a license or p rivilege to 789
11751175 practice. 790
11761176 (d) Nonconfidential information related to alternative 791
11771177 program participation. 792
11781178 (e) Any denial of application for licensure and the reason 793
11791179 for such denial. 794
11801180 (f) Current significant investigative information. 795
11811181 (g) Other information that may facilitate the 796
11821182 administration of the compact, as determined by the rules of the 797
11831183 commission. 798
11841184 (3) Investigative information pertaining to a licensee in 799
11851185 any member state may be made available only to other member 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 states. 801
11991199 (4) The commission shall promptly notify all member states 802
12001200 of any adverse action taken against a licensee or an individual 803
12011201 applying for a license. Adverse action information pertaining to 804
12021202 a licensee in any member state must be made available to any 805
12031203 other member state. 806
12041204 (5) Member states reporting information to the data system 807
12051205 may designate information that may not be shared with the public 808
12061206 without the express permission of the reporting state. 809
12071207 (6) Any information submitted to the data system which is 810
12081208 subsequently required to b e expunged by the laws of the member 811
12091209 state reporting the information must be removed from the data 812
12101210 system. 813
12111211 814
12121212 ARTICLE XI 815
12131213 RULEMAKING 816
12141214 (1) The commission shall adopt reasonable rules to 817
12151215 effectively and efficiently achieve the purposes of the compact. 818
12161216 If, however, the commission exercises its rulemaking authority 819
12171217 in a manner that is beyond the scope of the purposes of the 820
12181218 compact, or the powers granted hereunder, then such an action by 821
12191219 the commission is invalid and has no force or effect. 822
12201220 (2) The commission s hall exercise its rulemaking powers 823
12211221 pursuant to the criteria set forth in this article and the rules 824
12221222 adopted thereunder. Rules and amendments become binding as of 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 the date specified in each rule or amendment. 826
12361236 (3) If a majority of the legislatures of the member states 827
12371237 rejects a rule by enactment of a statute or resolution in the 828
12381238 same manner used to adopt the compact within 4 years after the 829
12391239 date of adoption of the rule, such rule does not have further 830
12401240 force and effect in any member state. 831
12411241 (4) Rules or amendments to the rules must be adopted at a 832
12421242 regular or special meeting of the commission. 833
12431243 (5) Before adoption of a final rule by the commission, and 834
12441244 at least 30 days in advance of the meeting at which the rule 835
12451245 will be considered and voted upon, the commis sion shall file a 836
12461246 notice of proposed rulemaking: 837
12471247 (a) On the website of the commission or other publicly 838
12481248 accessible platform; and 839
12491249 (b) On the website of each member state's professional 840
12501250 counseling licensing board or other publicly accessible platform 841
12511251 or in the publication in which each state would otherwise 842
12521252 publish proposed rules. 843
12531253 (6) The notice of proposed rulemaking must include: 844
12541254 (a) The proposed time, date, and location of the meeting 845
12551255 in which the rule will be considered and voted upon; 846
12561256 (b) The text of the proposed rule or amendment and the 847
12571257 reason for the proposed rule; 848
12581258 (c) A request for comments on the proposed rule from any 849
12591259 interested person; and 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 (d) The manner in which interested persons may submit 851
12731273 notice to the commission of their intenti on to attend the public 852
12741274 hearing and any written comments. 853
12751275 (7) Before adoption of a proposed rule, the commission 854
12761276 must allow persons to submit written data, facts, opinions, and 855
12771277 arguments, which must be made available to the public. 856
12781278 (8) The commission s hall grant an opportunity for a public 857
12791279 hearing before it adopts a rule or an amendment if a hearing is 858
12801280 requested by: 859
12811281 (a) At least 25 persons who submit comments independently 860
12821282 of each other; 861
12831283 (b) A state or federal governmental subdivision or agency; 862
12841284 or 863
12851285 (c) An association that has at least 25 members. 864
12861286 (9) If a hearing is held on the proposed rule or 865
12871287 amendment, the commission must publish the place, time, and date 866
12881288 of the scheduled public hearing. If the hearing is held through 867
12891289 electronic means, the com mission must publish the mechanism for 868
12901290 access to the electronic hearing. 869
12911291 (a) All persons wishing to be heard at the hearing must 870
12921292 notify the executive director of the commission or other 871
12931293 designated member in writing of their desire to appear and 872
12941294 testify at the hearing at least 5 business days before the 873
12951295 scheduled date of the hearing. 874
12961296 (b) Hearings must be conducted in a manner providing each 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 person who wishes to comment a fair and reasonable opportunity 876
13101310 to comment orally or in writing. 877
13111311 (c) All hearings must be recorded. A copy of the recording 878
13121312 must be made available on request. 879
13131313 (d) This section may not be construed to require a 880
13141314 separate hearing on each rule. Rules may be grouped at hearings 881
13151315 required by this section for the convenience of the commission . 882
13161316 (10) If the commission does not receive a written notice 883
13171317 of intent to attend the public hearing by interested parties, 884
13181318 the commission may proceed with adoption of the proposed rule 885
13191319 without a public hearing. 886
13201320 (11) Following the scheduled hearing date, or by the close 887
13211321 of business on the scheduled hearing date if the hearing was not 888
13221322 held, the commission shall consider all written and oral 889
13231323 comments received. 890
13241324 (12) The commission, by majority vote of all members, 891
13251325 shall take final action on the proposed rul e and shall determine 892
13261326 the effective date of the rule based on the rulemaking record 893
13271327 and the full text of the rule. 894
13281328 (13) Upon determination that an emergency exists, the 895
13291329 commission may consider and adopt an emergency rule without 896
13301330 prior notice, opportunity for comment, or hearing, provided that 897
13311331 the usual rulemaking procedures provided in the compact and in 898
13321332 this section are retroactively applied to the rule as soon as 899
13331333 reasonably possible, but no later than 90 days after the 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 effective date of the rule. For pu rposes of this subsection, an 901
13471347 emergency rule is one that must be adopted immediately in order 902
13481348 to: 903
13491349 (a) Meet an imminent threat to public health, safety, or 904
13501350 welfare; 905
13511351 (b) Prevent a loss of commission or member state funds; 906
13521352 (c) Meet a deadline for the ad option of an administrative 907
13531353 rule established by federal law or rule; or 908
13541354 (d) Protect public health and safety. 909
13551355 (14) The commission or an authorized committee of the 910
13561356 commission may direct revisions to a previously adopted rule or 911
13571357 amendment for purposes o f correcting typographical errors, 912
13581358 errors in format, errors in consistency, or grammatical errors. 913
13591359 Public notice of any revision must be posted on the website of 914
13601360 the commission. Revisions are subject to challenge by any person 915
13611361 for a period of 30 days after posting. A revision may be 916
13621362 challenged only on grounds that the revision results in a 917
13631363 material change to a rule. A challenge must be made in writing 918
13641364 and delivered to the chair of the commission before the end of 919
13651365 the notice period. If a challenge is not mad e, the revision 920
13661366 takes effect without further action. If a revision is 921
13671367 challenged, the revision may not take effect without the 922
13681368 approval of the commission. 923
13691369 924
13701370 ARTICLE XII 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 926
13841384 DISPUTE RESOLUTION; AND ENFORCEMENT 927
13851385 (1) OVERSIGHT.— 928
13861386 (a) The executive, legislative, and judicial branches of 929
13871387 state government in each member state shall enforce the compact 930
13881388 and take all actions necessary and appropriate to effectuate the 931
13891389 compact's purposes and intent. The com pact and the rules adopted 932
13901390 thereunder have standing as statutory law. 933
13911391 (b) All courts shall take judicial notice of the compact 934
13921392 and the rules in any judicial or administrative proceeding in a 935
13931393 member state pertaining to the subject matter of the compact 936
13941394 which may affect the powers, responsibilities, or actions of the 937
13951395 commission. 938
13961396 (c) The commission is entitled to receive service of 939
13971397 process in any judicial or administrative proceeding specified 940
13981398 in paragraph (b) and has standing to intervene in such a 941
13991399 proceeding for all purposes. Failure to provide service of 942
14001400 process to the commission renders a judgment or an order void as 943
14011401 to the commission, the compact, or adopted rules. 944
14021402 (2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 945
14031403 (a) If the commission determine s that a member state has 946
14041404 defaulted in the performance of its obligations or 947
14051405 responsibilities under the compact or adopted rules, the 948
14061406 commission must: 949
14071407 1. Provide written notice to the defaulting state and 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 other member states of the nature of the default, the proposed 951
14211421 means of curing the default, and any other action to be taken by 952
14221422 the commission; and 953
14231423 2. Provide remedial training and specific technical 954
14241424 assistance regarding the default. 955
14251425 (b) If a state in default fails to cure the default, the 956
14261426 defaulting state may be terminated from the compact upon an 957
14271427 affirmative vote of a majority of the member states, and all 958
14281428 rights, privileges, and benefits conferred by the compact are 959
14291429 terminated on the effective date of termination. A cure of the 960
14301430 default does not rel ieve the offending state of obligations or 961
14311431 liabilities incurred during the period of default. 962
14321432 (c) Termination of membership in the compact may be 963
14331433 imposed only after all other means of securing compliance have 964
14341434 been exhausted. The commission shall submit a notice of intent 965
14351435 to suspend or terminate a defaulting member state to that 966
14361436 state's governor, to the majority and minority leaders of that 967
14371437 state's legislature, and to each member state. 968
14381438 (d) A member state that has been terminated is responsible 969
14391439 for all assessments, obligations, and liabilities incurred 970
14401440 through the effective date of termination, including obligations 971
14411441 that extend beyond the effective date of termination. 972
14421442 (e) The commission may not bear any costs related to a 973
14431443 member state that is found to be in default or that has been 974
14441444 terminated from the compact, unless agreed upon in writing 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 between the commission and the defaulting member state. 976
14581458 (f) The defaulting member state may appeal the action of 977
14591459 the commission by petitioning the United States Dis trict Court 978
14601460 for the District of Columbia or the federal district where the 979
14611461 commission has its principal offices. The prevailing party must 980
14621462 be awarded all costs of such litigation, including reasonable 981
14631463 attorney fees. 982
14641464 (3) DISPUTE RESOLUTION. — 983
14651465 (a) Upon request by a member state, the commission shall 984
14661466 attempt to resolve disputes related to the compact which arise 985
14671467 among member states and between member and nonmember states. 986
14681468 (b) The commission shall adopt rules providing for both 987
14691469 mediation and binding disput e resolution for disputes as 988
14701470 appropriate. 989
14711471 (4) ENFORCEMENT.— 990
14721472 (a) The commission, in the reasonable exercise of its 991
14731473 discretion, shall enforce the provisions and rules of the 992
14741474 compact. 993
14751475 (b) By majority vote, the commission may initiate legal 994
14761476 action in the United States District Court for the District of 995
14771477 Columbia or the federal district where the commission has its 996
14781478 principal offices against a member state in default to enforce 997
14791479 compliance with the compact and its adopted rules and bylaws. 998
14801480 The relief sought may include both injunctive relief and 999
14811481 damages. If judicial enforcement is necessary, the prevailing 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 party must be awarded all costs of such litigation, including 1001
14951495 reasonable attorney fees. 1002
14961496 (c) The remedies under this article are not the exclusive 1003
14971497 remedies to the commission. The commission may pursue any other 1004
14981498 remedies available under federal or state law. 1005
14991499 1006
15001500 ARTICLE XIII 1007
15011501 DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 1008
15021502 ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 1009
15031503 (1) The compact becomes effective on the date on which the 1010
15041504 compact is enacted into law in the 10th member state. The 1011
15051505 provisions that become effective at that time are limited to the 1012
15061506 powers granted to the commission relating to assembly and the 1013
15071507 adoption of rules. Thereafter, the c ommission shall meet and 1014
15081508 exercise rulemaking powers necessary for implementation and 1015
15091509 administration of the compact. 1016
15101510 (2) Any state that joins the compact subsequent to the 1017
15111511 commission's initial adoption of the rules is subject to the 1018
15121512 rules as they exist on the date on which the compact becomes law 1019
15131513 in that state. Any rule that has been previously adopted by the 1020
15141514 commission has the full force and effect of law on the day the 1021
15151515 compact becomes law in that state. 1022
15161516 (3) Any member state may withdraw from the compact by 1023
15171517 enacting a statute repealing the compact. 1024
15181518 (a) A member state's withdrawal does not take effect until 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 6 months after enactment of the repealing statute. 1026
15321532 (b) Withdrawal does not affect the continuing requirement 1027
15331533 of the withdrawing state's prof essional counseling licensing 1028
15341534 board to comply with the investigative and adverse action 1029
15351535 reporting requirements of the compact before the effective date 1030
15361536 of withdrawal. 1031
15371537 (4) The compact may not be construed to invalidate or 1032
15381538 prevent any professional counseli ng licensure agreement or other 1033
15391539 cooperative arrangement between a member state and a nonmember 1034
15401540 state which does not conflict with the compact. 1035
15411541 (5) The compact may be amended by the member states. An 1036
15421542 amendment to the compact is not effective and binding u pon any 1037
15431543 member state until it is enacted into the laws of all member 1038
15441544 states. 1039
15451545 1040
15461546 ARTICLE XIV 1041
15471547 BINDING EFFECT OF COMPACT AND OTHER LAWS 1042
15481548 (1) A licensee providing professional counseling services 1043
15491549 in a remote state under the privilege to practice shall adhere 1044
15501550 to the laws and regulations, including scope of practice, of the 1045
15511551 remote state. 1046
15521552 (2) The compact does not prevent the enforcement of any 1047
15531553 other law of a member state which is not inconsistent with the 1048
15541554 compact. 1049
15551555 (3) Any laws in a member state which conflict w ith the 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 compact are superseded to the extent of the conflict. 1051
15691569 (4) Any lawful actions of the commission, including all 1052
15701570 rules and bylaws properly adopted by the commission, are binding 1053
15711571 on the member states. 1054
15721572 (5) All permissible agreements between the comm ission and 1055
15731573 the member states are binding in accordance with their terms. 1056
15741574 (6) If any provision of the compact exceeds the 1057
15751575 constitutional limits imposed on the legislature of any member 1058
15761576 state, the provision shall be ineffective to the extent of the 1059
15771577 conflict with the constitutional provision in question in that 1060
15781578 member state. 1061
15791579 1062
15801580 ARTICLE XV 1063
15811581 CONSTRUCTION AND SEVERABILITY 1064
15821582 The compact must be liberally construed so as to effectuate 1065
15831583 the purposes thereof. The provisions of the compact are 1066
15841584 severable, and if any phras e, clause, sentence, or provision of 1067
15851585 the compact is declared to be contrary to the constitution of 1068
15861586 any member state or of the United States or the applicability 1069
15871587 thereof to any government, agency, person, or circumstance is 1070
15881588 held invalid, the validity of the remainder of the compact and 1071
15891589 the applicability thereof to any government, agency, person, or 1072
15901590 circumstance is not affected thereby. If the compact is held 1073
15911591 contrary to the constitution of any member state, the compact 1074
15921592 remains in full force and effect as to the remaining member 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 states and in full force and effect as to the member state 1076
16061606 affected as to all severable matters. 1077
16071607 Section 2. Paragraph (c) of subsection (4) of section 1078
16081608 414.065, Florida Statutes, is amended to read: 1079
16091609 414.065 Noncompliance with work requirements.— 1080
16101610 (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES. —Unless 1081
16111611 otherwise provided, the situations listed in this subsection 1082
16121612 shall constitute exceptions to the penalties for noncompliance 1083
16131613 with participation requirements, except that these situations do 1084
16141614 not constitute exceptions to the applicable time limit for 1085
16151615 receipt of temporary cash assistance: 1086
16161616 (c) Noncompliance related to treatment or remediation of 1087
16171617 past effects of domestic violence. —An individual who is 1088
16181618 determined to be unable to comply with the work requirements 1089
16191619 under this section due to mental or physical impairment related 1090
16201620 to past incidents of domestic violence may be exempt from work 1091
16211621 requirements, except that such individual shall comply with a 1092
16221622 plan that specifies alternative requirements that prepare the 1093
16231623 individual for self-sufficiency while providing for the safety 1094
16241624 of the individual and the individual's dependents. A participant 1095
16251625 who is determined to be out of compliance with the alternative 1096
16261626 requirement plan shall be subject to the penalties u nder 1097
16271627 subsection (1). The plan must include counseling or a course of 1098
16281628 treatment necessary for the individual to resume participation. 1099
16291629 The need for treatment and the expected duration of such 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16391639
16401640
16411641
16421642 treatment must be verified by a physician licensed under chapter 1101
16431643 458 or chapter 459; a psychologist licensed under s. 490.005(1), 1102
16441644 s. 490.006, or the provision identified as s. 490.013(2) in s. 1103
16451645 1, chapter 81-235, Laws of Florida; a therapist as defined in s. 1104
16461646 491.003(2) or (7) s. 491.003(2) or (6) ; or a treatment 1105
16471647 professional who is registered under s. 39.905(1)(g), is 1106
16481648 authorized to maintain confidentiality under s. 90.5036(1)(d), 1107
16491649 and has a minimum of 2 years' years experience at a certified 1108
16501650 domestic violence center. An exception granted under this 1109
16511651 paragraph does not automa tically constitute an exception from 1110
16521652 the time limitations on benefits specified under s. 414.105. 1111
16531653 Section 3. Subsection (10) of section 456.073, Florida 1112
16541654 Statutes, is amended to read: 1113
16551655 456.073 Disciplinary proceedings. —Disciplinary proceedings 1114
16561656 for each board shall be within the jurisdiction of the 1115
16571657 department. 1116
16581658 (10) The complaint and all information obtained pursuant 1117
16591659 to the investigation by the department are confidential and 1118
16601660 exempt from s. 119.07(1) until 10 days after probable cause has 1119
16611661 been found to exist by the probable cause panel or by the 1120
16621662 department, or until the regulated professional or subject of 1121
16631663 the investigation waives his or her privilege of 1122
16641664 confidentiality, whichever occurs first. The department shall 1123
16651665 report any significant investigation in formation relating to a 1124
16661666 nurse holding a multistate license to the coordinated licensure 1125
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16761676
16771677
16781678
16791679 information system pursuant to s. 464.0095 , and any significant 1126
16801680 investigatory information relating to a health care practitioner 1127
16811681 practicing under the Professional Couns elors Licensure Compact 1128
16821682 to the data system pursuant to s. 491.017 . Upon completion of 1129
16831683 the investigation and a recommendation by the department to find 1130
16841684 probable cause, and pursuant to a written request by the subject 1131
16851685 or the subject's attorney, the departmen t shall provide the 1132
16861686 subject an opportunity to inspect the investigative file or, at 1133
16871687 the subject's expense, forward to the subject a copy of the 1134
16881688 investigative file. Notwithstanding s. 456.057, the subject may 1135
16891689 inspect or receive a copy of any expert witness report or 1136
16901690 patient record connected with the investigation if the subject 1137
16911691 agrees in writing to maintain the confidentiality of any 1138
16921692 information received under this subsection until 10 days after 1139
16931693 probable cause is found and to maintain the confidentiality of 1140
16941694 patient records pursuant to s. 456.057. The subject may file a 1141
16951695 written response to the information contained in the 1142
16961696 investigative file. Such response must be filed within 20 days 1143
16971697 of mailing by the department, unless an extension of time has 1144
16981698 been granted by the department. This subsection does not 1145
16991699 prohibit the department from providing such information to any 1146
17001700 law enforcement agency or to any other regulatory agency. 1147
17011701 Section 4. Subsection (5) of section 456.076, Florida 1148
17021702 Statutes, is amended to read: 1149
17031703 456.076 Impaired practitioner programs. — 1150
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17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17131713
17141714
17151715
17161716 (5) A consultant shall enter into a participant contract 1151
17171717 with an impaired practitioner and shall establish the terms of 1152
17181718 monitoring and shall include the terms in a participant 1153
17191719 contract. In establishing the terms of m onitoring, the 1154
17201720 consultant may consider the recommendations of one or more 1155
17211721 approved evaluators, treatment programs, or treatment providers. 1156
17221722 A consultant may modify the terms of monitoring if the 1157
17231723 consultant concludes, through the course of monitoring, that 1158
17241724 extended, additional, or amended terms of monitoring are 1159
17251725 required for the protection of the health, safety, and welfare 1160
17261726 of the public. If the impaired practitioner is a health care 1161
17271727 practitioner practicing under the Professional Counselors 1162
17281728 Licensure Compact pursuant to s. 491.017, the terms of the 1163
17291729 monitoring contract must include the impaired practitioner's 1164
17301730 withdrawal from all practice under the compact. 1165
17311731 Section 5. Subsections (5) through (17) of section 1166
17321732 491.003, Florida Statutes, are renumbered as subsections (6) 1167
17331733 through (18), respectively, and a new subsection (5) is added to 1168
17341734 that section, to read: 1169
17351735 491.003 Definitions. —As used in this chapter: 1170
17361736 (5) "Licensed professional counselor" means a clinical 1171
17371737 social worker, marriage and family therapist, o r mental health 1172
17381738 counselor authorized to provide services under s. 491.017. 1173
17391739 Section 6. Subsection (8) is added to section 491.004, 1174
17401740 Florida Statutes, to read: 1175
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17491749 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17501750
17511751
17521752
17531753 491.004 Board of Clinical Social Work, Marriage and Family 1176
17541754 Therapy, and Mental Health Counsel ing.— 1177
17551755 (8) The board shall appoint an individual to serve as the 1178
17561756 state's delegate on the Counseling Compact Commission, as 1179
17571757 required under s. 491.017. 1180
17581758 Section 7. Subsection (6) is added to section 491.005, 1181
17591759 Florida Statutes, to read: 1182
17601760 491.005 Licensure by examination.— 1183
17611761 (6) EXEMPTION.—A person licensed as a clinical social 1184
17621762 worker, marriage and family therapist, or mental health 1185
17631763 counselor in another state who is practicing under the 1186
17641764 Professional Counselors Licensure Compact pursuant to s. 1187
17651765 491.017, and only within the scope provided therein, is exempt 1188
17661766 from the licensure requirements of this section, as applicable. 1189
17671767 Section 8. Subsection (3) is added to section 491.006, 1190
17681768 Florida Statutes, to read: 1191
17691769 491.006 Licensure or certification by endorsement. — 1192
17701770 (3) A person licensed as a clinical social worker, 1193
17711771 marriage and family therapist, or mental health counselor in 1194
17721772 another state who is practicing under the Professional 1195
17731773 Counselors Licensure Compact pursuant to s. 491.017, and only 1196
17741774 within the scope provided th erein, is exempt from the licensure 1197
17751775 requirements of this section, as applicable. 1198
17761776 Section 9. Section 491.009, Florida Statutes, is amended 1199
17771777 to read: 1200
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17861786 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17871787
17881788
17891789
17901790 491.009 Discipline. — 1201
17911791 (1) The following acts constitute grounds for denial of a 1202
17921792 license or disciplinar y action, as specified in s. 456.072(2) or 1203
17931793 s. 491.017: 1204
17941794 (a) Attempting to obtain, obtaining, or renewing a 1205
17951795 license, registration, or certificate under this chapter by 1206
17961796 bribery or fraudulent misrepresentation or through an error of 1207
17971797 the board or the departme nt. 1208
17981798 (b) Having a license, registration, or certificate to 1209
17991799 practice a comparable profession revoked, suspended, or 1210
18001800 otherwise acted against, including the denial of certification 1211
18011801 or licensure by another state, territory, or country. 1212
18021802 (c) Being convicted o r found guilty of, regardless of 1213
18031803 adjudication, or having entered a plea of nolo contendere to, a 1214
18041804 crime in any jurisdiction which directly relates to the practice 1215
18051805 of his or her profession or the ability to practice his or her 1216
18061806 profession. However, in the cas e of a plea of nolo contendere, 1217
18071807 the board shall allow the person who is the subject of the 1218
18081808 disciplinary proceeding to present evidence in mitigation 1219
18091809 relevant to the underlying charges and circumstances surrounding 1220
18101810 the plea. 1221
18111811 (d) False, deceptive, or misle ading advertising or 1222
18121812 obtaining a fee or other thing of value on the representation 1223
18131813 that beneficial results from any treatment will be guaranteed. 1224
18141814 (e) Advertising, practicing, or attempting to practice 1225
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18231823 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18241824
18251825
18261826
18271827 under a name other than one's own. 1226
18281828 (f) Maintaining a professional association with any person 1227
18291829 who the applicant, licensee, registered intern, or 1228
18301830 certificateholder knows, or has reason to believe, is in 1229
18311831 violation of this chapter or of a rule of the department or the 1230
18321832 board. 1231
18331833 (g) Knowingly aiding, assisting, procuring, or advising 1232
18341834 any nonlicensed, nonregistered, or noncertified person to hold 1233
18351835 himself or herself out as licensed, registered, or certified 1234
18361836 under this chapter. 1235
18371837 (h) Failing to perform any statutory or legal obligation 1236
18381838 placed upon a person licensed , registered, or certified under 1237
18391839 this chapter. 1238
18401840 (i) Willfully making or filing a false report or record; 1239
18411841 failing to file a report or record required by state or federal 1240
18421842 law; willfully impeding or obstructing the filing of a report or 1241
18431843 record; or inducing a nother person to make or file a false 1242
18441844 report or record or to impede or obstruct the filing of a report 1243
18451845 or record. Such report or record includes only a report or 1244
18461846 record which requires the signature of a person licensed, 1245
18471847 registered, or certified under this chapter. 1246
18481848 (j) Paying a kickback, rebate, bonus, or other 1247
18491849 remuneration for receiving a patient or client, or receiving a 1248
18501850 kickback, rebate, bonus, or other remuneration for referring a 1249
18511851 patient or client to another provider of mental health care 1250
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18601860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18611861
18621862
18631863
18641864 services or to a provider of health care services or goods; 1251
18651865 referring a patient or client to oneself for services on a fee -1252
18661866 paid basis when those services are already being paid for by 1253
18671867 some other public or private entity; or entering into a 1254
18681868 reciprocal referral agreemen t. 1255
18691869 (k) Committing any act upon a patient or client which 1256
18701870 would constitute sexual battery or which would constitute sexual 1257
18711871 misconduct as defined pursuant to s. 491.0111. 1258
18721872 (l) Making misleading, deceptive, untrue, or fraudulent 1259
18731873 representations in the prac tice of any profession licensed, 1260
18741874 registered, or certified under this chapter. 1261
18751875 (m) Soliciting patients or clients personally, or through 1262
18761876 an agent, through the use of fraud, intimidation, undue 1263
18771877 influence, or a form of overreaching or vexatious conduct. 1264
18781878 (n) Failing to make available to a patient or client, upon 1265
18791879 written request, copies of tests, reports, or documents in the 1266
18801880 possession or under the control of the licensee, registered 1267
18811881 intern, or certificateholder which have been prepared for and 1268
18821882 paid for by the patient or client. 1269
18831883 (o) Failing to respond within 30 days to a written 1270
18841884 communication from the department or the board concerning any 1271
18851885 investigation by the department or the board, or failing to make 1272
18861886 available any relevant records with respect to any investigation 1273
18871887 about the licensee's, registered intern's, or 1274
18881888 certificateholder's conduct or background. 1275
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18971897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18981898
18991899
19001900
19011901 (p) Being unable to practice the profession for which he 1276
19021902 or she is licensed, registered, or certified under this chapter 1277
19031903 with reasonable skill or compe tence as a result of any mental or 1278
19041904 physical condition or by reason of illness; drunkenness; or 1279
19051905 excessive use of drugs, narcotics, chemicals, or any other 1280
19061906 substance. In enforcing this paragraph, upon a finding by the 1281
19071907 State Surgeon General, the State Surgeon General's designee, or 1282
19081908 the board that probable cause exists to believe that the 1283
19091909 licensee, registered intern, or certificateholder is unable to 1284
19101910 practice the profession because of the reasons stated in this 1285
19111911 paragraph, the department shall have the authority to compel a 1286
19121912 licensee, registered intern, or certificateholder to submit to a 1287
19131913 mental or physical examination by psychologists, physicians, or 1288
19141914 other licensees under this chapter, designated by the department 1289
19151915 or board. If the licensee, registered intern, or 1290
19161916 certificateholder refuses to comply with such order, the 1291
19171917 department's order directing the examination may be enforced by 1292
19181918 filing a petition for enforcement in the circuit court in the 1293
19191919 circuit in which the licensee, registered intern, or 1294
19201920 certificateholder re sides or does business. The licensee, 1295
19211921 registered intern, or certificateholder against whom the 1296
19221922 petition is filed may shall not be named or identified by 1297
19231923 initials in any public court records or documents, and the 1298
19241924 proceedings shall be closed to the public. T he department shall 1299
19251925 be entitled to the summary procedure provided in s. 51.011. A 1300
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19341934 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19351935
19361936
19371937
19381938 licensee, registered intern, or certificateholder affected under 1301
19391939 this paragraph shall at reasonable intervals be afforded an 1302
19401940 opportunity to demonstrate that he or she can res ume the 1303
19411941 competent practice for which he or she is licensed, registered, 1304
19421942 or certified with reasonable skill and safety to patients. 1305
19431943 (q) Performing any treatment or prescribing any therapy 1306
19441944 which, by the prevailing standards of the mental health 1307
19451945 professions in the community, would constitute experimentation 1308
19461946 on human subjects, without first obtaining full, informed, and 1309
19471947 written consent. 1310
19481948 (r) Failing to meet the minimum standards of performance 1311
19491949 in professional activities when measured against generally 1312
19501950 prevailing peer performance, including the undertaking of 1313
19511951 activities for which the licensee, registered intern, or 1314
19521952 certificateholder is not qualified by training or experience. 1315
19531953 (s) Delegating professional responsibilities to a person 1316
19541954 whom the licensee, registe red intern, or certificateholder knows 1317
19551955 or has reason to know is not qualified by training or experience 1318
19561956 to perform such responsibilities. 1319
19571957 (t) Violating a rule relating to the regulation of the 1320
19581958 profession or a lawful order of the department or the board 1321
19591959 previously entered in a disciplinary hearing. 1322
19601960 (u) Failure of the licensee, registered intern, or 1323
19611961 certificateholder to maintain in confidence a communication made 1324
19621962 by a patient or client in the context of such services, except 1325
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19711971 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19721972
19731973
19741974
19751975 as provided in s. 491.0147. 1326
19761976 (v) Making public statements which are derived from test 1327
19771977 data, client contacts, or behavioral research and which identify 1328
19781978 or damage research subjects or clients. 1329
19791979 (w) Violating any provision of this chapter or chapter 1330
19801980 456, or any rules adopted pursuant th ereto. 1331
19811981 (2)(a) The board or, in the case of certified master 1332
19821982 social workers, the department may enter an order denying 1333
19831983 licensure or imposing any of the penalties authorized in s. 1334
19841984 456.072(2) against any applicant for licensure or any licensee 1335
19851985 who violates subsection (1) or s. 456.072(1). 1336
19861986 (b) The board may take adverse action against a clinical 1337
19871987 social worker's, a marriage and family therapist's, or a mental 1338
19881988 health counselor's privilege to practice under the Professional 1339
19891989 Counselors Licensure Compact pursuan t to s. 491.017 and may 1340
19901990 impose any of the penalties in s. 456.072(2) if the clinical 1341
19911991 social worker, marriage and family therapist, or mental health 1342
19921992 counselor commits an act specified in subsection (1) or s. 1343
19931993 456.072(1). 1344
19941994 Section 10. Paragraph (h) is adde d to subsection (10) of 1345
19951995 section 768.28, Florida Statutes, to read: 1346
19961996 768.28 Waiver of sovereign immunity in tort actions; 1347
19971997 recovery limits; civil liability for damages caused during a 1348
19981998 riot; limitation on attorney fees; statute of limitations; 1349
19991999 exclusions; indemnification; risk management programs. — 1350
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2005-CODING: Words stricken are deletions; words underlined are additions.
2006-hb1521-02-er
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2001+CS/HB 1521 2022
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2005+CODING: Words stricken are deletions; words underlined are additions.
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20072007 Page 55 of 55
20082008 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20092009
20102010
20112011
20122012 (10) 1351
20132013 (h) For purposes of this section, the individual appointed 1352
20142014 under s. 491.004(8) as the state's delegate on the Counseling 1353
20152015 Compact Commission, when serving in that capacity pursuant to s. 1354
20162016 491.017, and any adm inistrator, officer, executive director, 1355
20172017 employee, or representative of the commission, when acting 1356
20182018 within the scope of his or her employment, duties, or 1357
20192019 responsibilities in this state, is considered an agent of the 1358
20202020 state. The commission shall pay any clai ms or judgments pursuant 1359
20212021 to this section and may maintain insurance coverage to pay any 1360
20222022 such claims or judgments. 1361
20232023 Section 11. The Department of Health shall notify the 1362
20242024 Division of Law Revision upon enactment of the Professional 1363
20252025 Counselors Licensure Com pact into law by 10 states. 1364
20262026 Section 12. This act shall take effect upon enactment of 1365
20272027 the Professional Counselors Licensure Compact into law by 10 1366
20282028 states. 1367