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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
1
An act relating to Professional Counselors Licensure 2
Compact; creating s. 491.017, F.S.; creating the 3
Professional Counselors Licensure Compact; providing 4
purposes and objectives; defining terms; specifying 5
requirements for state participation in the compact; 6
specifying duties of member states; specifying that 7
the compact does not affect an individual's ability to 8
apply for, and a member state's ability to g rant, a 9
single state license pursuant to the laws of that 10
state; providing construction; providing for 11
recognition of the privilege to practice licensed 12
professional counseling in member states; specifying 13
criteria a licensed professional counselor must me et 14
for the privilege to practice under the compact; 15
providing for the expiration and renewal of the 16
privilege to practice; providing construction; 17
specifying that a licensee with a privilege to 18
practice in a remote state must adhere to the laws and 19
rules of that state; authorizing member states to act 20
on a licensee's privilege to practice under certain 21
circumstances; specifying the consequences and 22
parameters of practice for a licensee whose privilege 23
to practice has been acted on or whose home state 24
license is encumbered; specifying that a licensed 25
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professional counselor may hold a home state license 26
in only one member state at a time; specifying 27
requirements and procedures for changing a home state 28
license designation; providing construction; 29
authorizing active duty military personnel or their 30
spouses to keep their home state designation during 31
active duty; specifying how such individuals may 32
subsequently change their home state license 33
designation; providing for the recognition of the 34
practice of professio nal counseling through telehealth 35
in member states; specifying that licensees must 36
adhere to the laws and rules of the remote state in 37
which they provide professional counseling through 38
telehealth; authorizing member states to take adverse 39
actions against licensees and issue subpoenas for 40
hearings and investigations under certain 41
circumstances; providing requirements and procedures 42
for adverse action; authorizing member states to 43
engage in joint investigations under certain 44
circumstances; providing that a l icensee's privilege 45
to practice must be deactivated in all member states 46
for the duration of an encumbrance imposed by the 47
licensee's home state; providing for notice to the 48
data system and the licensee's home state of any 49
adverse action taken against a li censee; providing 50
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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
construction; establishing the Counseling Compact 51
Commission; providing for the jurisdiction and venue 52
for court proceedings; providing construction; 53
providing for membership, meetings, and powers of the 54
commission; specifying powers and duties of the 55
commission's executive committee; providing for the 56
financing of the commission; providing commission 57
members, officers, executive directors, employees, and 58
representatives immunity from civil liability under 59
certain circumstances; providing exceptions; requiring 60
the commission to defend the commission's members, 61
officers, executive directors, employees, and 62
representative in civil actions under certain 63
circumstances; providing construction; requiring the 64
commission to indemnify and hold harml ess such 65
individuals for any settlement or judgment obtained in 66
such actions under certain circumstances; providing 67
for the development of the data system, reporting 68
procedures, and the exchange of specified information 69
between member states; requiring the commission to 70
notify member states of any adverse action taken 71
against a licensee or applicant for licensure; 72
authorizing member states to designate as confidential 73
information provided to the data system; requiring the 74
commission to remove information fr om the data system 75
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under certain circumstances; providing rulemaking 76
procedures for the commission; providing for member 77
state enforcement of the compact; specifying that the 78
compact and commission rules have standing as 79
statutory law in member states; spe cifying that the 80
commission is entitled to receive notice of process, 81
and has standing to intervene, in certain judicial and 82
administrative proceedings; rendering certain 83
judgments and orders void as to the commission, the 84
compact, or commission rules unde r certain 85
circumstances; providing for defaults and termination 86
of compact membership; providing procedures for the 87
resolution of certain disputes; providing for 88
commission enforcement of the compact; providing for 89
remedies; providing construction; providi ng for 90
implementation of, withdrawal from, and amendment to 91
the compact; providing construction; specifying that 92
licensees practicing in a remote state under the 93
compact must adhere to the laws and rules of the 94
remote state; providing construction; specify ing that 95
the compact, commission rules, and commission actions 96
are binding on member states; providing construction 97
and severability; amending s. 414.065, F.S.; 98
conforming a cross-reference; amending s. 456.073, 99
F.S.; requiring the Department of Health to report 100
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certain investigative information to the data system; 101
amending s. 456.076, F.S.; requiring monitoring 102
contracts for impaired practitioners participating in 103
treatment programs to contain certain terms; amending 104
s. 491.003, F.S.; defining the term "li censed 105
professional counselor"; amending s. 491.004, F.S.; 106
requiring the Board of Clinical Social Work, Marriage 107
and Family Therapy, and Mental Health Counseling to 108
appoint an individual to serve as the state's delegate 109
on the commission; amending ss. 491. 005 and 491.006, 110
F.S.; exempting certain persons from licensure 111
requirements; amending s. 491.009, F.S.; authorizing 112
certain disciplinary action under the compact for 113
specified prohibited acts; amending s. 768.28, F.S.; 114
designating the state delegate and o ther members or 115
employees of the commission as state agents for the 116
purpose of applying waivers of sovereign immunity; 117
requiring the commission to pay certain claims or 118
judgments; authorizing the commission to maintain 119
insurance coverage to pay such claims or judgments; 120
requiring the department to notify the Division of Law 121
Revision upon enactment of the compact into law by 10 122
states; providing a contingent effective date. 123
124
Be It Enacted by the Legislature of the State of Florida: 125
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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
126
Section 1. Section 491.017, Florida Statutes, is created 127
to read: 128
491.017 Professional Counselors Licensure Compact. —The 129
Professional Counselors Licensure Compact is hereby enacted and 130
entered into by this state with all other jurisdictions legally 131
joining therein in the form substantially as follows: 132
133
ARTICLE I 134
PURPOSE 135
The compact is designed to achieve the following purposes 136
and objectives: 137
(1) Facilitate interstate practice of licensed 138
professional counseling to increase public access to 139
professional counseling serv ices by providing for the mutual 140
recognition of other member state licenses. 141
(2) Enhance the member states' ability to protect the 142
public's health and safety. 143
(3) Encourage the cooperation of member states in 144
regulating multistate practice of licensed professional 145
counselors. 146
(4) Support spouses of relocating active duty military 147
personnel. 148
(5) Facilitate the exchange of information between member 149
states regarding licensure, investigations, adverse actions, and 150
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disciplinary history of licensed profe ssional counselors. 151
(6) Allow for the use of telehealth technology to 152
facilitate increased access to professional counseling services. 153
(7) Support the uniformity of professional counseling 154
licensure requirements throughout member states to promote 155
public safety and public health benefits. 156
(8) Provide member states with the authority to hold a 157
licensed professional counselor accountable for meeting all 158
state practice laws in the state in which the client is located 159
at the time care is rendered thro ugh the mutual recognition of 160
member state licenses. 161
(9) Eliminate the necessity for licensed professional 162
counselors to hold licenses in multiple states and provide 163
opportunities for interstate practice by licensed professional 164
counselors who meet unifo rm licensure requirements. 165
166
ARTICLE II 167
DEFINITIONS 168
As used in this compact, the term: 169
(1) "Active duty military" means full -time duty status in 170
the active uniformed service of the United States, including, 171
but not limited to, members of the National Gua rd and Reserve on 172
active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. 173
(2) "Adverse action" means any administrative, civil, or 174
criminal action authorized by a state's laws which is imposed by 175
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a licensing board or other authority against a li censed 176
professional counselor, including actions against an 177
individual's license or privilege to practice, such as 178
revocation, suspension, probation, monitoring of the licensee, 179
limitation on the licensee's practice, issuance of a cease and 180
desist action, or any other encumbrance on licensure affecting a 181
licensed professional counselor's authorization to practice. 182
(3) "Alternative program" means a nondisciplinary 183
monitoring or practice remediation process approved by a 184
professional counseling licensing bo ard to address impaired 185
practitioners. 186
(4) "Continuing education" means a requirement, as a 187
condition of license renewal, to participate in or complete 188
educational and professional activities relevant to the 189
licensee's practice or area of work. 190
(5) "Counseling Compact Commission" or "commission" means 191
the national administrative body whose membership consists of 192
all states that have enacted the compact. 193
(6) "Current significant investigative information" means: 194
(a) Investigative information that a l icensing board, 195
after a preliminary inquiry that includes notification and an 196
opportunity for the licensed professional counselor to respond, 197
if required by state law, has reason to believe is not 198
groundless and, if proved true, would indicate more than a minor 199
infraction; or 200
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(b) Investigative information that indicates that the 201
licensed professional counselor represents an immediate threat 202
to public health and safety, regardless of whether the licensed 203
professional counselor has been notified and had an opportunity 204
to respond. 205
(7) "Data system" means a repository of information about 206
licensees, including, but not limited to, information relating 207
to continuing education, examinations, licensure statuses, 208
investigations, the privilege to practice, and adv erse actions. 209
(8) "Encumbered license" means a license in which an 210
adverse action restricts the practice of licensed professional 211
counseling by the licensee and said adverse action has been 212
reported to the National Practitioner Data Bank. 213
(9) "Encumbrance" means a revocation or suspension of, or 214
any limitation on, the full and unrestricted practice of 215
licensed professional counseling by a licensing board. 216
(10) "Executive committee" means a group of directors 217
elected or appointed to act on behalf of, a nd within the powers 218
granted to them by, the commission. 219
(11) "Home state" means the member state that is the 220
licensee's primary state of residence. 221
(12) "Impaired practitioner" means an individual who has a 222
condition that may impair his or her ability to safely practice 223
as a licensed professional counselor without intervention. Such 224
impairment may include, but is not limited to, alcohol or drug 225
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dependence, mental health conditions, and neurological or 226
physical conditions. 227
(13) "Investigative informat ion" means information, 228
records, or documents received or generated by a professional 229
counseling licensing board pursuant to an investigation. 230
(14) "Jurisprudence requirement," if required by a member 231
state, means the assessment of an individual's knowle dge of the 232
laws and rules governing the practice of professional counseling 233
in a state. 234
(15) "Licensed professional counselor" means a counselor 235
licensed by a member state, regardless of the title used by that 236
state, to independently assess, diagnose, an d treat behavioral 237
health conditions. 238
(16) "Licensee" means an individual who currently holds an 239
authorization from the state to practice as a licensed 240
professional counselor. 241
(17) "Licensing board" means the agency of a state, or 242
equivalent, that is r esponsible for the licensing and regulation 243
of licensed professional counselors. 244
(18) "Member state" means a state that has enacted the 245
compact. 246
(19) "Privilege to practice" means a legal authorization, 247
which is equivalent to a license, authorizing the practice of 248
professional counseling in a remote state. 249
(20) "Professional counseling" means the assessment, 250
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diagnosis, and treatment of behavioral health conditions by a 251
licensed professional counselor. 252
(21) "Remote state" means a member state, other than the 253
home state, where a licensee is exercising or seeking to 254
exercise the privilege to practice. 255
(22) "Rule" means a regulation adopted by the commission 256
which has the force of law. 257
(23) "Single state license" means a licensed professional 258
counselor license issued by a member state which authorizes 259
practice only within the issuing state and does not include a 260
privilege to practice in any other member state. 261
(24) "State" means any s tate, commonwealth, district, or 262
territory of the United States of America which regulates the 263
practice of professional counseling. 264
(25) "Telehealth" means the application of 265
telecommunication technology to deliver professional counseling 266
services remotely to assess, diagnose, and treat behavioral 267
health conditions. 268
(26) "Unencumbered license" means a license that 269
authorizes a licensed professional counselor to engage in the 270
full and unrestricted practice of professional counseling. 271
272
ARTICLE III 273
STATE PARTICIPATION 274
(1) To participate in the compact, a state must currently 275
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do all of the following: 276
(a) License and regulate licensed professional counselors. 277
(b) Require licensees to pass a nationally recognized exam 278
approved by the commission. 279
(c) Require licensees to have a 60 semester hour, or 90 280
quarter hour, master's degree in counseling or 60 semester 281
hours, or 90 quarter hours, of graduate coursework including all 282
of the following topic areas: 283
1. Professional counseling orientation and ethical 284
practice. 285
2. Social and cultural diversity. 286
3. Human growth and development. 287
4. Career development. 288
5. Counseling and helping relationships. 289
6. Group counseling and group work. 290
7. Diagnosis, assessment, testing, and treatment. 291
8. Research and program evaluation. 292
9. Other areas as determined by the commission. 293
(d) Require licensees to complete a supervised 294
postgraduate professional experience as defined by the 295
commission. 296
(e) Have a mechanism in place for receiving and 297
investigating complaints about licensees. 298
(2) A member state shall do all of the following: 299
(a) Participate fully in the commission's data system, 300
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including using the commission's unique identifier as defined in 301
rules adopted by the commission. 302
(b) Notify the commissi on, in compliance with the terms of 303
the compact and rules adopted by the commission, of any adverse 304
action or the availability of investigative information 305
regarding a licensee. 306
(c) Implement or utilize procedures for considering the 307
criminal history records of applicants for an initial privilege 308
to practice. These procedures must include the submission of 309
fingerprints or other biometric -based information by applicants 310
for the purpose of obtaining an applicant's criminal history 311
record information from the Federal Bureau of Investigation and 312
the agency responsible for retaining that state's criminal 313
records. 314
1. A member state must fully implement a criminal 315
background check requirement, within a timeframe established by 316
rule, by receiving the results of the Federal Bureau of 317
Investigation record search and shall use the results in making 318
licensure decisions. 319
2. Communication between a member state and the commission 320
and among member states regarding the verification of 321
eligibility for licensure through the compact may not include 322
any information received from the Federal Bureau of 323
Investigation relating to a federal criminal records check 324
performed by a member state under Public Law 92 -544. 325
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(d) Comply with the rules adopted by the c ommission. 326
(e) Require an applicant to obtain or retain a license in 327
the home state and meet the home state's qualifications for 328
licensure or renewal of licensure, as well as all other 329
applicable state laws. 330
(f) Grant the privilege to practice to a lic ensee holding 331
a valid unencumbered license in another member state in 332
accordance with the terms of the compact and rules adopted by 333
the commission. 334
(g) Provide for the attendance of the state's commissioner 335
at the commission meetings. 336
(3) Individuals not residing in a member state may 337
continue to apply for a member state's single state license as 338
provided under the laws of each member state. However, the 339
single state license granted to these individuals may not be 340
recognized as granting a privilege to p ractice professional 341
counseling under the compact in any other member state. 342
(4) Nothing in this compact affects the requirements 343
established by a member state for the issuance of a single state 344
license. 345
(5) A professional counselor license issued by a home 346
state to a resident of that state must be recognized by each 347
member state as authorizing that licensed professional counselor 348
to practice professional counseling, under a privilege to 349
practice, in each member state. 350
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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
351
ARTICLE IV 352
PRIVILEGE TO PRACTICE 353
(1) To exercise the privilege to practice under the terms 354
and provisions of the compact, the licensee must meet all of the 355
following criteria: 356
(a) Hold a license in the home state. 357
(b) Have a valid United States Social Security Number or 358
national provider identifier. 359
(c) Be eligible for a privilege to practice in any member 360
state in accordance with subsections (4), (7), and (8). 361
(d) Have not had any encumbrance or restriction against 362
any license or privilege to practice within the preceding 2 363
years. 364
(e) Notify the commission that the licensee is seeking the 365
privilege to practice within a remote state. 366
(f) Meet any continuing education requirements established 367
by the home state. 368
(g) Meet any jurisprudence requirements established by the 369
remote state in which the licensee is seeking a privilege to 370
practice. 371
(h) Report to the commission any adverse action, 372
encumbrance, or restriction on a license taken by any nonmember 373
state within 30 days after the action is taken. 374
(2) The privilege to pract ice is valid until the 375
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expiration date of the home state license. The licensee must 376
continue to meet the criteria specified in subsection (1) to 377
renew the privilege to practice in the remote state. 378
(3) For purposes of the compact, the practice of 379
professional counseling occurs in the state where the client is 380
located at the time of the counseling services. The compact does 381
not affect the regulatory authority of states to protect public 382
health and safety through their own system of state licensure. 383
(4) A licensee providing professional counseling in a 384
remote state under the privilege to practice must adhere to the 385
laws and regulations of the remote state. 386
(5) A licensee providing professional counseling services 387
in a remote state is subject to tha t state's regulatory 388
authority. A remote state may, in accordance with due process 389
and that state's laws, remove a licensee's privilege to practice 390
in the remote state for a specified period of time, impose 391
fines, or take any other action necessary to prot ect the health 392
and safety of its residents. The licensee may be ineligible for 393
a privilege to practice in any member state until the specific 394
time for removal has passed and all fines are paid. 395
(6) If a home state license is encumbered, a licensee 396
loses the privilege to practice in any remote state until both 397
of the following conditions are met: 398
(a) The home state license is no longer encumbered. 399
(b) The licensee has not had any encumbrance or 400
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restriction against any license or privilege to practice within 401
the preceding 2 years. 402
(7) Once an encumbered license in the licensee's home 403
state is restored to good standing, the licensee may obtain a 404
privilege to practice in any remote state if he or she meets the 405
requirements of subsection (1). 406
(8) If a licensee's privilege to practice in any remote 407
state is removed, the individual may lose the privilege to 408
practice in all other remote states until all of the following 409
conditions are met: 410
(a) The specified period of time for which the privilege 411
to practice was removed has ended. 412
(b) The licensee has paid all fines imposed. 413
(c) The licensee has not had any encumbrance or 414
restriction against any license or privilege to practice within 415
the preceding 2 years. 416
(9) Once the requirements of subsection (8) have been met, 417
the licensee may obtain a privilege to practice in a remote 418
state if he or she meets the requirements in subsection (1). 419
420
ARTICLE V 421
OBTAINING A NEW HOME STATE LICENSE BASED ON A 422
PRIVILEGE TO PRACTICE 423
(1) A licensed professional counselor may hold a home 424
state license, which allows for a privilege to practice in other 425
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member states, in only one member state at a time. 426
(2) If a licensed professional counselor changes his or 427
her primary state of residence by moving between two member 428
states, then the licensed professional counselor must file an 429
application for obtaining a new home state license based on a 430
privilege to practice and notify the current and new home state 431
in accordance with applicable rules adopted by the commission. 432
(3) Upon receipt of an application for obtaining a new 433
home state license based on a privilege to practice, the new 434
home state must verify that the licensed professional counselor 435
meets the criteria outlined in article IV through the data 436
system. The new home state does not need to seek primary source 437
verification for information obtained from the data system, 438
except for the following: 439
(a) A Federal Bureau of Investigation fingerprint -based 440
criminal background check, if not previously performed or 441
updated pursuant to applicable rules adopted by the commission 442
in accordance with Public Law 92 -544; 443
(b) Any other criminal background check as required by the 444
new home state; and 445
(c) Proof of completion of any requisite jurisprudence 446
requirements of the new home state. 447
(4) The former home state shall convert the former home 448
state license into a privilege to practice once the new home 449
state has activated the new home state license in accordance 450
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with applicable rules adopted by the commission. 451
(5) Notwithstanding any other provision of the compact, if 452
the licensed professional counselor does not meet the criteria 453
in article IV, the new home state may apply its own requirements 454
for issuing a new single state li cense. 455
(6) If a licensed professional counselor changes his or 456
her primary state of residence by moving from a member state to 457
a nonmember state or from a nonmember state to a member state, 458
the new state's own criteria apply for issuance of a single 459
state license in the new state. 460
(7) The compact does not interfere with a licensee's 461
ability to hold a single state license in multiple states. 462
However, for the purposes of the compact, a licensee may have 463
only one home state license. 464
(8) The compact does not affect the requirements 465
established by a member state for the issuance of a single state 466
license. 467
468
ARTICLE VI 469
ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 470
Active duty military personnel, or their spouse, shall 471
designate a home state where the indi vidual has a current 472
license in good standing. The individual may retain the home 473
state license designation during the period the service member 474
is on active duty. Subsequent to designating a home state, the 475
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individual may change his or her home state only through 476
application for licensure in the new state or through the 477
process outlined in article V. 478
479
ARTICLE VII 480
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 481
(1) Member states shall recognize the right of a licensed 482
professional counselor, licensed by a home state in accordance 483
with article III and under rules adopted by the commission, to 484
practice professional counseling in any member state through 485
telehealth under a privilege to practice as provided in the 486
compact and rules adopted by the commission. 487
(2) A licensee providing professional counseling services 488
in a remote state through telehealth under the privilege to 489
practice must adhere to the laws and rules of the remote state. 490
491
ARTICLE VIII 492
ADVERSE ACTIONS 493
(1) In addition to the other powers conferred by state 494
law, a remote state has the authority, in accordance with 495
existing state due process law, to do any of the following: 496
(a) Take adverse action against a licensed professional 497
counselor's privilege to prac tice within that member state. 498
(b) Issue subpoenas for both hearings and investigations 499
that require the attendance and testimony of witnesses or the 500
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production of evidence. Subpoenas issued by a licensing board in 501
a member state for the attendance and t estimony of witnesses or 502
the production of evidence from another member state must be 503
enforced in the latter state by any court of competent 504
jurisdiction, according to the practice and procedure of that 505
court applicable to subpoenas issued in proceedings p ending 506
before it. The issuing authority shall pay any witness fees, 507
travel expenses, mileage, and other fees required by the service 508
statutes of the state in which the witnesses or evidence is 509
located. 510
(2) Only the home state has the power to take advers e 511
action against a licensed professional counselor's license 512
issued by the home state. 513
(3) For purposes of taking adverse action, the home state 514
shall give the same priority and effect to reported conduct 515
received from a member state as it would if the c onduct had 516
occurred within the home state. The home state shall apply its 517
own state laws to determine appropriate action in such cases. 518
(4) The home state shall complete any pending 519
investigations of a licensed professional counselor who changes 520
primary state of residence during the course of the 521
investigations. The home state may also take appropriate action 522
and shall promptly report the conclusions of the investigations 523
to the administrator of the data system. The administrator of 524
the data system shall promptly notify the new home state of any 525
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adverse actions. 526
(5) A member state, if authorized by state law, may 527
recover from the affected licensed professional counselor the 528
costs of investigations and dispositions of any cases resulting 529
from adverse action taken against that licensed professional 530
counselor. 531
(6) A member state may take adverse action against a 532
licensed professional counselor based on the factual findings of 533
a remote state, provided that the member state follows its own 534
statutory procedures for taking adverse action. 535
(7)(a) In addition to the authority granted to a member 536
state by its respective professional counseling practice act or 537
other applicable state law, any member state may participate 538
with other member states in joint investiga tions of licensees. 539
(b) Member states shall share any investigative, 540
litigation, or compliance materials in furtherance of any joint 541
or individual investigation initiated under the compact. 542
(8) If adverse action is taken by the home state against 543
the license of a professional counselor, the licensed 544
professional counselor's privilege to practice in all other 545
member states must be deactivated until all encumbrances have 546
been removed from the home state license. All home state 547
disciplinary orders that imp ose adverse action against the 548
license of a professional counselor must include a statement 549
that the licensed professional counselor's privilege to practice 550
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is deactivated in all member states while the order is in 551
effect. 552
(9) If a member state takes adv erse action, it must 553
promptly notify the administrator of the data system. The 554
administrator shall promptly notify the licensee's home state of 555
any adverse actions by remote states. 556
(10) Nothing in the compact overrides a member state's 557
decision to allow a licensed professional counselor to 558
participate in an alternative program in lieu of adverse action. 559
560
ARTICLE IX 561
ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 562
(1) COMMISSION CREATED. —The compact member states hereby 563
create and establish a joint public agency known as the 564
Counseling Compact Commission. 565
(a) The commission is an instrumentality of the compact 566
states. 567
(b) Venue is proper, and judicial proceedings by or 568
against the commission shall be brought solely an d exclusively 569
in a court of competent jurisdiction where the principal office 570
of the commission is located. The commission may waive venue and 571
jurisdictional defenses to the extent that it adopts or consents 572
to participate in alternative dispute resolution proceedings. 573
(c) Nothing in the compact may be construed to be a waiver 574
of sovereign immunity. 575
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(2) MEMBERSHIP.— 576
(a) The commission shall consist of one voting delegate, 577
appointed by each member state's licensing board. The 578
commission, by rule, shall establish a term of office for 579
delegates and may establish term limits. 580
(b) The delegate must be either: 581
1. A current member of the licensing board at the time of 582
appointment, who is a licensed professional counselor or public 583
member; or 584
2. An administrator of the licensing board. 585
(c) A delegate may be removed or suspended from office as 586
provided by the law of the state from which the delegate is 587
appointed. 588
(d) The member state licensing board must fill any vacancy 589
occurring on the commissio n within 60 days. 590
(e) Each delegate is entitled to one vote with regard to 591
the adoption of rules and creation of bylaws and shall otherwise 592
participate in the business and affairs of the commission. 593
(f) A delegate shall vote in person or by such other means 594
as provided in the bylaws. The bylaws may provide for delegates' 595
participation in meetings by telephone or other means of 596
communication. 597
(3) MEETINGS OF THE COMMISSION. — 598
(a) The commission shall meet at least once during each 599
calendar year. Addit ional meetings must be held as set forth in 600
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the bylaws. 601
(b) All meetings must be open to the public, and public 602
notice of meetings must be given in the same manner as required 603
under the rulemaking provisions in article XI. 604
(c) The commission or the exe cutive committee or other 605
committees of the commission may convene in a closed, nonpublic 606
meeting if the commission or executive committee or other 607
committees of the commission must discuss any of the following: 608
1. Noncompliance of a member state with it s obligations 609
under the compact. 610
2. The employment, compensation, discipline, or other 611
matters, practices, or procedures related to specific employees, 612
or other matters related to the commission's internal personnel 613
practices and procedures. 614
3. Current, threatened, or reasonably anticipated 615
litigation. 616
4. Negotiation of contracts for the purchase, lease, or 617
sale of goods, services, or real estate. 618
5. Accusing any person of a crime or formally censuring 619
any person. 620
6. Disclosure of trade secrets or commercial or financial 621
information that is privileged or confidential. 622
7. Disclosure of information of a personal nature if 623
disclosure would constitute a clearly unwarranted invasion of 624
personal privacy. 625
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8. Disclosure of investigative records compile d for law 626
enforcement purposes. 627
9. Disclosure of information related to any investigative 628
reports prepared by or on behalf of or for use of the commission 629
or other committee charged with responsibility of investigation 630
or determination of compliance issu es pursuant to the compact. 631
10. Matters specifically exempted from disclosure by 632
federal or member state law. 633
(d) If a meeting, or portion of a meeting, is closed under 634
this subsection, the commission's legal counsel or designee must 635
certify that the meeting may be closed and must reference each 636
relevant exempting provision. 637
(e) The commission shall keep minutes that fully and 638
clearly describe all matters discussed in a meeting and shall 639
provide a full and accurate summary of actions taken, and the 640
reasons therefore, including a description of the views 641
expressed. All documents considered in connection with an action 642
must be identified in such minutes. All minutes and documents of 643
a closed meeting must remain under seal, subject to release by a 644
majority vote of the commission or order of a court of competent 645
jurisdiction. 646
(4) POWERS.—The commission may do any of the following: 647
(a) Establish the fiscal year of the commission. 648
(b) Establish bylaws. 649
(c) Maintain its financial records in accordance with the 650
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bylaws. 651
(d) Meet and take actions that are consistent with the 652
compact and bylaws. 653
(e) Adopt rules that are binding to the extent and in the 654
manner provided for in the compact. 655
(f) Initiate and prosecute legal proceedings or actions in 656
the name of the commission, provided that the standing of any 657
state licensing board to sue or be sued under applicable law is 658
not affected. 659
(g) Purchase and maintain insurance and bonds. 660
(h) Borrow, accept, or contract for services of personnel, 661
including, but not limited to, employees of a member state. 662
(i) Hire employees and elect or appoint officers; fix 663
compensation for, define duties of, and grant appropriate 664
authority to such employees and officers to carry out the 665
purposes of the compact; and e stablish the commission's 666
personnel policies and programs relating to conflicts of 667
interest, qualifications of personnel, and other related 668
personnel matters. 669
(j) Accept any and all appropriate donations and grants of 670
money, equipment, supplies, material s, and services, and 671
receive, utilize, and dispose of the same, provided that at all 672
times the commission avoids any appearance of impropriety or 673
conflict of interest. 674
(k) Lease, purchase, accept appropriate gifts or donations 675
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of, or otherwise own, hold, improve, or use, any property, real, 676
personal, or mixed, provided that at all times the commission 677
avoids any appearance of impropriety or conflict of interest. 678
(l) Sell, convey, mortgage, pledge, lease, exchange, 679
abandon, or otherwise dispose of any pr operty, real, personal, 680
or mixed. 681
(m) Establish a budget and make expenditures. 682
(n) Borrow money. 683
(o) Appoint committees, including standing committees 684
consisting of commission members, state regulators, state 685
legislators or their representatives, an d consumer 686
representatives, and such other interested persons as may be 687
designated in the compact and bylaws. 688
(p) Provide information to, receive information from, and 689
cooperate with law enforcement agencies. 690
(q) Establish and elect an executive committee. 691
(r) Perform any other function that may be necessary or 692
appropriate to achieve the purposes of the compact and is 693
consistent with the state regulation of professional counseling 694
licensure and practice. 695
(5) THE EXECUTIVE COMMITTEE. — 696
(a) The executive committee may act on behalf of the 697
commission according to the terms of the compact and shall 698
consist of up to 11 members, as follows: 699
1. Seven voting members who are elected by the commission 700
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from the current membership of the commission. 701
2. Up to four ex officio, nonvoting members from four 702
recognized national professional counselor organizations. The ex 703
officio members shall be selected by their respective 704
organizations. 705
(b) The commission may remove any member of the executive 706
committee as provided in its bylaws. 707
(c) The executive committee shall meet at least annually. 708
(d) The executive committee shall do all of the following: 709
1. Make recommendations to the commission for any changes 710
to the rules, bylaws, or compact legislation. 711
2. Ensure compact administration services are 712
appropriately provided, contractually or otherwise. 713
3. Prepare and recommend the budget. 714
4. Maintain financial records on behalf of the commission. 715
5. Monitor compact compliance of member states and prov ide 716
compliance reports to the commission. 717
6. Establish additional committees as necessary. 718
7. Perform any other duties provided for in the rules or 719
bylaws. 720
(6) FINANCING OF THE COMMISSION. — 721
(a) The commission shall pay, or provide for the payment 722
of, the reasonable expenses of its establishment, organization, 723
and ongoing activities. 724
(b) The commission may accept any appropriate revenue 725
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sources, donations, or grants of money, equipment, supplies, 726
materials, or services. 727
(c) The commission may not incur obligations of any kind 728
before securing the funds adequate to meet the same; nor may the 729
commission pledge the credit of any of the member states, except 730
by and with the authority of the member state. 731
(d) The commission shall keep accurate accounts of all 732
receipts and disbursements. The receipts and disbursements of 733
the commission are subject to the audit and accounting 734
procedures established under its bylaws. However, all receipts 735
and disbursements of funds handled by th e commission must be 736
audited annually by a certified or licensed public accountant, 737
and the report of the audit must be included in and become part 738
of the annual report of the commission. 739
(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. — 740
(a) The members, officers, executive director, employees, 741
and representatives of the commission are immune from suit and 742
liability, either personally or in their official capacity, for 743
any claim for damage to or loss of property or personal injury 744
or other civil liability caused by or arising out of any actual 745
or alleged act, error, or omission that occurred, or that the 746
person against whom the claim is made had a reasonable basis for 747
believing occurred, within the scope of commission employment, 748
duties, or responsibilities. This paragraph may not be construed 749
to protect any such person from suit or liability for any 750
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damage, loss, injury, or liability caused by the intentional or 751
willful or wanton misconduct of that person. 752
(b) The commission shall defend any membe r, officer, 753
executive director, employee, or representative of the 754
commission in any civil action seeking to impose liability 755
arising out of any actual or alleged act, error, or omission 756
that occurred, or that the person against whom the claim is made 757
had a reasonable basis for believing occurred, within the scope 758
of commission employment, duties, or responsibilities, provided 759
that the actual or alleged act, error, or omission did not 760
result from that person's intentional or willful or wanton 761
misconduct. This paragraph may not be construed to prohibit that 762
person from retaining his or her own counsel. 763
(c) The commission shall indemnify and hold harmless any 764
member, officer, executive director, employee, or representative 765
of the commission for the amount of any settlement or judgment 766
obtained against that person arising out of any actual or 767
alleged act, error, or omission that occurred, or that such 768
person had a reasonable basis for believing occurred, within the 769
scope of commission employment, duties, or re sponsibilities, 770
provided that the actual or alleged act, error, or omission did 771
not result from the intentional or willful or wanton misconduct 772
of that person. 773
774
ARTICLE X 775
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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
DATA SYSTEM 776
(1) The commission shall provide for the development, 777
operation, and maintenance of a coordinated database and 778
reporting system containing licensure, adverse action, and 779
investigative information on all licensed professional 780
counselors in member states. 781
(2) Notwithstanding any other provision of state law to 782
the contrary, a member state shall submit a uniform data set to 783
the data system on all licensees to whom the compact is 784
applicable, as required by the rules of the commission, 785
including all of the following: 786
(a) Identifying information. 787
(b) Licensure data. 788
(c) Adverse actions against a license or privilege to 789
practice. 790
(d) Nonconfidential information related to alternative 791
program participation. 792
(e) Any denial of application for licensure and the reason 793
for such denial. 794
(f) Current significant investigative in formation. 795
(g) Other information that may facilitate the 796
administration of the compact, as determined by the rules of the 797
commission. 798
(3) Investigative information pertaining to a licensee in 799
any member state may be made available only to other member 800
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states. 801
(4) The commission shall promptly notify all member states 802
of any adverse action taken against a licensee or an individual 803
applying for a license. Adverse action information pertaining to 804
a licensee in any member state must be made available to a ny 805
other member state. 806
(5) Member states reporting information to the data system 807
may designate information that may not be shared with the public 808
without the express permission of the reporting state. 809
(6) Any information submitted to the data system w hich is 810
subsequently required to be expunged by the laws of the member 811
state reporting the information must be removed from the data 812
system. 813
814
ARTICLE XI 815
RULEMAKING 816
(1) The commission shall adopt reasonable rules to 817
effectively and efficiently achieve the purposes of the compact. 818
If, however, the commission exercises its rulemaking authority 819
in a manner that is beyond the scope of the purposes of the 820
compact, or the powers granted hereunder, then such an action by 821
the commission is invalid and has no force or effect. 822
(2) The commission shall exercise its rulemaking powers 823
pursuant to the criteria set forth in this article and the rules 824
adopted thereunder. Rules and amendments become binding as of 825
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the date specified in each rule or amendment. 826
(3) If a majority of the legislatures of the member states 827
rejects a rule by enactment of a statute or resolution in the 828
same manner used to adopt the compact within 4 years after the 829
date of adoption of the rule, such rule does not have further 830
force and effect in any member state. 831
(4) Rules or amendments to the rules must be adopted at a 832
regular or special meeting of the commission. 833
(5) Before adoption of a final rule by the commission, and 834
at least 30 days in advance of the meeting at which the rule 835
will be considered and voted upon, the commission shall file a 836
notice of proposed rulemaking: 837
(a) On the website of the commission or other publicly 838
accessible platform; and 839
(b) On the website of each member state's professional 840
counseling licensing board or other publicly accessible platform 841
or in the publication in which each state would otherwise 842
publish proposed rules. 843
(6) The notice of proposed rulemaking must include: 844
(a) The proposed time, date, and location of the meet ing 845
in which the rule will be considered and voted upon; 846
(b) The text of the proposed rule or amendment and the 847
reason for the proposed rule; 848
(c) A request for comments on the proposed rule from any 849
interested person; and 850
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(d) The manner in which inte rested persons may submit 851
notice to the commission of their intention to attend the public 852
hearing and any written comments. 853
(7) Before adoption of a proposed rule, the commission 854
must allow persons to submit written data, facts, opinions, and 855
arguments, which must be made available to the public. 856
(8) The commission shall grant an opportunity for a public 857
hearing before it adopts a rule or an amendment if a hearing is 858
requested by: 859
(a) At least 25 persons who submit comments independently 860
of each other; 861
(b) A state or federal governmental subdivision or agency; 862
or 863
(c) An association that has at least 25 members. 864
(9) If a hearing is held on the proposed rule or 865
amendment, the commission must publish the place, time, and date 866
of the scheduled publi c hearing. If the hearing is held through 867
electronic means, the commission must publish the mechanism for 868
access to the electronic hearing. 869
(a) All persons wishing to be heard at the hearing must 870
notify the executive director of the commission or other 871
designated member in writing of their desire to appear and 872
testify at the hearing at least 5 business days before the 873
scheduled date of the hearing. 874
(b) Hearings must be conducted in a manner providing each 875
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person who wishes to comment a fair and reasonab le opportunity 876
to comment orally or in writing. 877
(c) All hearings must be recorded. A copy of the recording 878
must be made available on request. 879
(d) This section may not be construed to require a 880
separate hearing on each rule. Rules may be grouped at hear ings 881
required by this section for the convenience of the commission. 882
(10) If the commission does not receive a written notice 883
of intent to attend the public hearing by interested parties, 884
the commission may proceed with adoption of the proposed rule 885
without a public hearing. 886
(11) Following the scheduled hearing date, or by the close 887
of business on the scheduled hearing date if the hearing was not 888
held, the commission shall consider all written and oral 889
comments received. 890
(12) The commission, by majori ty vote of all members, 891
shall take final action on the proposed rule and shall determine 892
the effective date of the rule based on the rulemaking record 893
and the full text of the rule. 894
(13) Upon determination that an emergency exists, the 895
commission may consider and adopt an emergency rule without 896
prior notice, opportunity for comment, or hearing, provided that 897
the usual rulemaking procedures provided in the compact and in 898
this section are retroactively applied to the rule as soon as 899
reasonably possible, but no later than 90 days after the 900
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effective date of the rule. For purposes of this subsection, an 901
emergency rule is one that must be adopted immediately in order 902
to: 903
(a) Meet an imminent threat to public health, safety, or 904
welfare; 905
(b) Prevent a loss of commission or member state funds; 906
(c) Meet a deadline for the adoption of an administrative 907
rule established by federal law or rule; or 908
(d) Protect public health and safety. 909
(14) The commission or an authorized committee of the 910
commission may direct revisions to a previously adopted rule or 911
amendment for purposes of correcting typographical errors, 912
errors in format, errors in consistency, or grammatical errors. 913
Public notice of any revision must be posted on the website of 914
the commission. Revisions a re subject to challenge by any person 915
for a period of 30 days after posting. A revision may be 916
challenged only on grounds that the revision results in a 917
material change to a rule. A challenge must be made in writing 918
and delivered to the chair of the commis sion before the end of 919
the notice period. If a challenge is not made, the revision 920
takes effect without further action. If a revision is 921
challenged, the revision may not take effect without the 922
approval of the commission. 923
924
ARTICLE XII 925
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OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 926
DISPUTE RESOLUTION; AND ENFORCEMENT 927
(1) OVERSIGHT.— 928
(a) The executive, legislative, and judicial branches of 929
state government in each member state shall enforce the compact 930
and take all actions necessary and appropriate to effectuate the 931
compact's purposes and intent. The compact and the rules adopted 932
thereunder have standing as statutory law. 933
(b) All courts shall take judicial notice of the compact 934
and the rules in any judicial or administrat ive proceeding in a 935
member state pertaining to the subject matter of the compact 936
which may affect the powers, responsibilities, or actions of the 937
commission. 938
(c) The commission is entitled to receive service of 939
process in any judicial or administrative p roceeding specified 940
in paragraph (b) and has standing to intervene in such a 941
proceeding for all purposes. Failure to provide service of 942
process to the commission renders a judgment or an order void as 943
to the commission, the compact, or adopted rules. 944
(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. — 945
(a) If the commission determines that a member state has 946
defaulted in the performance of its obligations or 947
responsibilities under the compact or adopted rules, the 948
commission must: 949
1. Provide written n otice to the defaulting state and 950
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other member states of the nature of the default, the proposed 951
means of curing the default, and any other action to be taken by 952
the commission; and 953
2. Provide remedial training and specific technical 954
assistance regarding the default. 955
(b) If a state in default fails to cure the default, the 956
defaulting state may be terminated from the compact upon an 957
affirmative vote of a majority of the member states, and all 958
rights, privileges, and benefits conferred by the compact are 959
terminated on the effective date of termination. A cure of the 960
default does not relieve the offending state of obligations or 961
liabilities incurred during the period of default. 962
(c) Termination of membership in the compact may be 963
imposed only after all ot her means of securing compliance have 964
been exhausted. The commission shall submit a notice of intent 965
to suspend or terminate a defaulting member state to that 966
state's governor, to the majority and minority leaders of that 967
state's legislature, and to each m ember state. 968
(d) A member state that has been terminated is responsible 969
for all assessments, obligations, and liabilities incurred 970
through the effective date of termination, including obligations 971
that extend beyond the effective date of termination. 972
(e) The commission may not bear any costs related to a 973
member state that is found to be in default or that has been 974
terminated from the compact, unless agreed upon in writing 975
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between the commission and the defaulting member state. 976
(f) The defaulting member state may appeal the action of 977
the commission by petitioning the United States District Court 978
for the District of Columbia or the federal district where the 979
commission has its principal offices. The prevailing party must 980
be awarded all costs of such litig ation, including reasonable 981
attorney fees. 982
(3) DISPUTE RESOLUTION. — 983
(a) Upon request by a member state, the commission shall 984
attempt to resolve disputes related to the compact which arise 985
among member states and between member and nonmember states. 986
(b) The commission shall adopt rules providing for both 987
mediation and binding dispute resolution for disputes as 988
appropriate. 989
(4) ENFORCEMENT.— 990
(a) The commission, in the reasonable exercise of its 991
discretion, shall enforce the provisions and rules of t he 992
compact. 993
(b) By majority vote, the commission may initiate legal 994
action in the United States District Court for the District of 995
Columbia or the federal district where the commission has its 996
principal offices against a member state in default to enforc e 997
compliance with the compact and its adopted rules and bylaws. 998
The relief sought may include both injunctive relief and 999
damages. If judicial enforcement is necessary, the prevailing 1000
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party must be awarded all costs of such litigation, including 1001
reasonable attorney fees. 1002
(c) The remedies under this article are not the exclusive 1003
remedies to the commission. The commission may pursue any other 1004
remedies available under federal or state law. 1005
1006
ARTICLE XIII 1007
DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 1008
ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 1009
(1) The compact becomes effective on the date on which the 1010
compact is enacted into law in the 10th member state. The 1011
provisions that become effect ive at that time are limited to the 1012
powers granted to the commission relating to assembly and the 1013
adoption of rules. Thereafter, the commission shall meet and 1014
exercise rulemaking powers necessary for implementation and 1015
administration of the compact. 1016
(2) Any state that joins the compact subsequent to the 1017
commission's initial adoption of the rules is subject to the 1018
rules as they exist on the date on which the compact becomes law 1019
in that state. Any rule that has been previously adopted by the 1020
commission has the full force and effect of law on the day the 1021
compact becomes law in that state. 1022
(3) Any member state may withdraw from the compact by 1023
enacting a statute repealing the compact. 1024
(a) A member state's withdrawal does not take effect until 1025
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6 months after enactment of the repealing statute. 1026
(b) Withdrawal does not affect the continuing requirement 1027
of the withdrawing state's professional counseling licensing 1028
board to comply with the investigative and adverse action 1029
reporting requirements of the compact be fore the effective date 1030
of withdrawal. 1031
(4) The compact may not be construed to invalidate or 1032
prevent any professional counseling licensure agreement or other 1033
cooperative arrangement between a member state and a nonmember 1034
state which does not conflict wit h the compact. 1035
(5) The compact may be amended by the member states. An 1036
amendment to the compact is not effective and binding upon any 1037
member state until it is enacted into the laws of all member 1038
states. 1039
1040
ARTICLE XIV 1041
BINDING EFFECT OF COMPACT AND OTHER LA WS 1042
(1) A licensee providing professional counseling services 1043
in a remote state under the privilege to practice shall adhere 1044
to the laws and regulations, including scope of practice, of the 1045
remote state. 1046
(2) The compact does not prevent the enforcement of any 1047
other law of a member state which is not inconsistent with the 1048
compact. 1049
(3) Any laws in a member state which conflict with the 1050
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compact are superseded to the extent of the conflict. 1051
(4) Any lawful actions of the commission, including all 1052
rules and bylaws properly adopted by the commission, are binding 1053
on the member states. 1054
(5) All permissible agreements between the commission and 1055
the member states are binding in accordance with their terms. 1056
(6) If any provision of the compact exceeds the 1057
constitutional limits imposed on the legislature of any member 1058
state, the provision shall be ineffective to the extent of the 1059
conflict with the constitutional provision in question in that 1060
member state. 1061
1062
ARTICLE XV 1063
CONSTRUCTION AND SEVERABILITY 1064
The compact must be liberally construed so as to effectuate 1065
the purposes thereof. The provisions of the compact are 1066
severable, and if any phrase, clause, sentence, or provision of 1067
the compact is declared to be contrary to the constitution of 1068
any member state or of the Un ited States or the applicability 1069
thereof to any government, agency, person, or circumstance is 1070
held invalid, the validity of the remainder of the compact and 1071
the applicability thereof to any government, agency, person, or 1072
circumstance is not affected there by. If the compact is held 1073
contrary to the constitution of any member state, the compact 1074
remains in full force and effect as to the remaining member 1075
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states and in full force and effect as to the member state 1076
affected as to all severable matters. 1077
Section 2. Paragraph (c) of subsection (4) of section 1078
414.065, Florida Statutes, is amended to read: 1079
414.065 Noncompliance with work requirements. — 1080
(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES. —Unless 1081
otherwise provided, the situations listed in this subsection 1082
shall constitute exceptions to the penalties for noncompliance 1083
with participation requirements, except that these situations do 1084
not constitute exceptions to the applicable time limit for 1085
receipt of temporary cash assistance: 1086
(c) Noncompliance related to treatment or remediation of 1087
past effects of domestic violence. —An individual who is 1088
determined to be unable to comply with the work requirements 1089
under this section due to mental or physical impairment related 1090
to past incidents of domestic violence may be exempt from work 1091
requirements, except that such individual shall comply with a 1092
plan that specifies alternative requirements that prepare the 1093
individual for self-sufficiency while providing for the safety 1094
of the individual and the individual's dependents. A participant 1095
who is determined to be out of compliance with the alternative 1096
requirement plan shall be subject to the penalties under 1097
subsection (1). The plan must include counseling or a course of 1098
treatment necessary for the individual to resume participat ion. 1099
The need for treatment and the expected duration of such 1100
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treatment must be verified by a physician licensed under chapter 1101
458 or chapter 459; a psychologist licensed under s. 490.005(1), 1102
s. 490.006, or the provision identified as s. 490.013(2) in s. 1103
1, chapter 81-235, Laws of Florida; a therapist as defined in s. 1104
491.003(2) or (7) s. 491.003(2) or (6) ; or a treatment 1105
professional who is registered under s. 39.905(1)(g), is 1106
authorized to maintain confidentiality under s. 90.5036(1)(d), 1107
and has a minimum of 2 years' years experience at a certified 1108
domestic violence center. An exception granted under this 1109
paragraph does not automatically constitute an exception from 1110
the time limitations on benefits specified under s. 414.105. 1111
Section 3. Subsection (10) of section 456.073, Florida 1112
Statutes, is amended to read: 1113
456.073 Disciplinary proceedings. —Disciplinary proceedings 1114
for each board shall be within the jurisdiction of the 1115
department. 1116
(10) The complaint and all information obtained pursuant 1117
to the investigation by the department are confidential and 1118
exempt from s. 119.07(1) until 10 days after probable cause has 1119
been found to exist by the probable cause panel or by the 1120
department, or until the regulated professional or subject of 1121
the investigation waiv es his or her privilege of 1122
confidentiality, whichever occurs first. The department shall 1123
report any significant investigation information relating to a 1124
nurse holding a multistate license to the coordinated licensure 1125
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information system pursuant to s. 464.00 95, and any significant 1126
investigatory information relating to a health care practitioner 1127
practicing under the Professional Counselors Licensure Compact 1128
to the data system pursuant to s. 491.017 . Upon completion of 1129
the investigation and a recommendation by the department to find 1130
probable cause, and pursuant to a written request by the subject 1131
or the subject's attorney, the department shall provide the 1132
subject an opportunity to inspect the investigative file or, at 1133
the subject's expense, forward to the subjec t a copy of the 1134
investigative file. Notwithstanding s. 456.057, the subject may 1135
inspect or receive a copy of any expert witness report or 1136
patient record connected with the investigation if the subject 1137
agrees in writing to maintain the confidentiality of an y 1138
information received under this subsection until 10 days after 1139
probable cause is found and to maintain the confidentiality of 1140
patient records pursuant to s. 456.057. The subject may file a 1141
written response to the information contained in the 1142
investigative file. Such response must be filed within 20 days 1143
of mailing by the department, unless an extension of time has 1144
been granted by the department. This subsection does not 1145
prohibit the department from providing such information to any 1146
law enforcement agency or to any other regulatory agency. 1147
Section 4. Subsection (5) of section 456.076, Florida 1148
Statutes, is amended to read: 1149
456.076 Impaired practitioner programs. — 1150
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(5) A consultant shall enter into a participant contract 1151
with an impaired practitioner a nd shall establish the terms of 1152
monitoring and shall include the terms in a participant 1153
contract. In establishing the terms of monitoring, the 1154
consultant may consider the recommendations of one or more 1155
approved evaluators, treatment programs, or treatment providers. 1156
A consultant may modify the terms of monitoring if the 1157
consultant concludes, through the course of monitoring, that 1158
extended, additional, or amended terms of monitoring are 1159
required for the protection of the health, safety, and welfare 1160
of the public. If the impaired practitioner is a health care 1161
practitioner practicing under the Professional Counselors 1162
Licensure Compact pursuant to s. 491.017, the terms of the 1163
monitoring contract must include the impaired practitioner's 1164
withdrawal from all practi ce under the compact. 1165
Section 5. Subsections (5) through (17) of section 1166
491.003, Florida Statutes, are renumbered as subsections (6) 1167
through (18), respectively, and a new subsection (5) is added to 1168
that section, to read: 1169
491.003 Definitions. —As used in this chapter: 1170
(5) "Licensed professional counselor" means a clinical 1171
social worker, marriage and family therapist, or mental health 1172
counselor authorized to provide services under s. 491.017. 1173
Section 6. Subsection (8) is added to section 491.004, 1174
Florida Statutes, to read: 1175
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491.004 Board of Clinical Social Work, Marriage and Family 1176
Therapy, and Mental Health Counseling. — 1177
(8) The board shall appoint an individual to serve as the 1178
state's delegate on the Counseling Compact Commission, as 1179
required under s. 491.017. 1180
Section 7. Subsection (6) is added to section 491.005, 1181
Florida Statutes, to read: 1182
491.005 Licensure by examination. — 1183
(6) EXEMPTION.—A person licensed as a clinical social 1184
worker, marriage and family therapist, or mental health 1185
counselor in another state who is practicing under the 1186
Professional Counselors Licensure Compact pursuant to s. 1187
491.017, and only within the scope provided therein, is exempt 1188
from the licensure requirements of this section, as applicable. 1189
Section 8. Subsection (3) is added to section 491.006, 1190
Florida Statutes, to read: 1191
491.006 Licensure or certification by endorsement. — 1192
(3) A person licensed as a clinical social worker, 1193
marriage and family therapist, or mental health counselor in 1194
another state who is pr acticing under the Professional 1195
Counselors Licensure Compact pursuant to s. 491.017, and only 1196
within the scope provided therein, is exempt from the licensure 1197
requirements of this section, as applicable. 1198
Section 9. Section 491.009, Florida Statutes, is amended 1199
to read: 1200
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491.009 Discipline. — 1201
(1) The following acts constitute grounds for denial of a 1202
license or disciplinary action, as specified in s. 456.072(2) or 1203
s. 491.017: 1204
(a) Attempting to obtain, obtaining, or renewing a 1205
license, registration, or certificate under this chapter by 1206
bribery or fraudulent misrepresentation or through an error of 1207
the board or the department. 1208
(b) Having a license, registration, or certificate to 1209
practice a comparable profession revoked, suspended, or 1210
otherwise acted against, including the denial of certification 1211
or licensure by another state, territory, or country. 1212
(c) Being convicted or found guilty of, regardless of 1213
adjudication, or having entered a plea of nolo contendere to, a 1214
crime in any jurisdiction which direc tly relates to the practice 1215
of his or her profession or the ability to practice his or her 1216
profession. However, in the case of a plea of nolo contendere, 1217
the board shall allow the person who is the subject of the 1218
disciplinary proceeding to present evidence in mitigation 1219
relevant to the underlying charges and circumstances surrounding 1220
the plea. 1221
(d) False, deceptive, or misleading advertising or 1222
obtaining a fee or other thing of value on the representation 1223
that beneficial results from any treatment will be guaranteed. 1224
(e) Advertising, practicing, or attempting to practice 1225
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under a name other than one's own. 1226
(f) Maintaining a professional association with any person 1227
who the applicant, licensee, registered intern, or 1228
certificateholder knows, or has reason t o believe, is in 1229
violation of this chapter or of a rule of the department or the 1230
board. 1231
(g) Knowingly aiding, assisting, procuring, or advising 1232
any nonlicensed, nonregistered, or noncertified person to hold 1233
himself or herself out as licensed, registered, or certified 1234
under this chapter. 1235
(h) Failing to perform any statutory or legal obligation 1236
placed upon a person licensed, registered, or certified under 1237
this chapter. 1238
(i) Willfully making or filing a false report or record; 1239
failing to file a report or record required by state or federal 1240
law; willfully impeding or obstructing the filing of a report or 1241
record; or inducing another person to make or file a false 1242
report or record or to impede or obstruct the filing of a report 1243
or record. Such report or recor d includes only a report or 1244
record which requires the signature of a person licensed, 1245
registered, or certified under this chapter. 1246
(j) Paying a kickback, rebate, bonus, or other 1247
remuneration for receiving a patient or client, or receiving a 1248
kickback, rebate, bonus, or other remuneration for referring a 1249
patient or client to another provider of mental health care 1250
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services or to a provider of health care services or goods; 1251
referring a patient or client to oneself for services on a fee -1252
paid basis when those s ervices are already being paid for by 1253
some other public or private entity; or entering into a 1254
reciprocal referral agreement. 1255
(k) Committing any act upon a patient or client which 1256
would constitute sexual battery or which would constitute sexual 1257
misconduct as defined pursuant to s. 491.0111. 1258
(l) Making misleading, deceptive, untrue, or fraudulent 1259
representations in the practice of any profession licensed, 1260
registered, or certified under this chapter. 1261
(m) Soliciting patients or clients personally, or thro ugh 1262
an agent, through the use of fraud, intimidation, undue 1263
influence, or a form of overreaching or vexatious conduct. 1264
(n) Failing to make available to a patient or client, upon 1265
written request, copies of tests, reports, or documents in the 1266
possession or under the control of the licensee, registered 1267
intern, or certificateholder which have been prepared for and 1268
paid for by the patient or client. 1269
(o) Failing to respond within 30 days to a written 1270
communication from the department or the board concerning any 1271
investigation by the department or the board, or failing to make 1272
available any relevant records with respect to any investigation 1273
about the licensee's, registered intern's, or 1274
certificateholder's conduct or background. 1275
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(p) Being unable to practice the profession for which he 1276
or she is licensed, registered, or certified under this chapter 1277
with reasonable skill or competence as a result of any mental or 1278
physical condition or by reason of illness; drunkenness; or 1279
excessive use of drugs, narcotics, chemicals, or any other 1280
substance. In enforcing this paragraph, upon a finding by the 1281
State Surgeon General, the State Surgeon General's designee, or 1282
the board that probable cause exists to believe that t he 1283
licensee, registered intern, or certificateholder is unable to 1284
practice the profession because of the reasons stated in this 1285
paragraph, the department shall have the authority to compel a 1286
licensee, registered intern, or certificateholder to submit to a 1287
mental or physical examination by psychologists, physicians, or 1288
other licensees under this chapter, designated by the department 1289
or board. If the licensee, registered intern, or 1290
certificateholder refuses to comply with such order, the 1291
department's order di recting the examination may be enforced by 1292
filing a petition for enforcement in the circuit court in the 1293
circuit in which the licensee, registered intern, or 1294
certificateholder resides or does business. The licensee, 1295
registered intern, or certificateholder against whom the 1296
petition is filed may shall not be named or identified by 1297
initials in any public court records or documents, and the 1298
proceedings shall be closed to the public. The department shall 1299
be entitled to the summary procedure provided in s. 51.011 . A 1300
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licensee, registered intern, or certificateholder affected under 1301
this paragraph shall at reasonable intervals be afforded an 1302
opportunity to demonstrate that he or she can resume the 1303
competent practice for which he or she is licensed, registered, 1304
or certified with reasonable skill and safety to patients. 1305
(q) Performing any treatment or prescribing any therapy 1306
which, by the prevailing standards of the mental health 1307
professions in the community, would constitute experimentation 1308
on human subjects, without first obtaining full, informed, and 1309
written consent. 1310
(r) Failing to meet the minimum standards of performance 1311
in professional activities when measured against generally 1312
prevailing peer performance, including the undertaking of 1313
activities for which the l icensee, registered intern, or 1314
certificateholder is not qualified by training or experience. 1315
(s) Delegating professional responsibilities to a person 1316
whom the licensee, registered intern, or certificateholder knows 1317
or has reason to know is not qualified by training or experience 1318
to perform such responsibilities. 1319
(t) Violating a rule relating to the regulation of the 1320
profession or a lawful order of the department or the board 1321
previously entered in a disciplinary hearing. 1322
(u) Failure of the licensee, re gistered intern, or 1323
certificateholder to maintain in confidence a communication made 1324
by a patient or client in the context of such services, except 1325
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as provided in s. 491.0147. 1326
(v) Making public statements which are derived from test 1327
data, client contacts , or behavioral research and which identify 1328
or damage research subjects or clients. 1329
(w) Violating any provision of this chapter or chapter 1330
456, or any rules adopted pursuant thereto. 1331
(2)(a) The board or, in the case of certified master 1332
social workers, the department may enter an order denying 1333
licensure or imposing any of the penalties authorized in s. 1334
456.072(2) against any applicant for licensure or any licensee 1335
who violates subsection (1) or s. 456.072(1). 1336
(b) The board may take adverse action again st a clinical 1337
social worker's, a marriage and family therapist's, or a mental 1338
health counselor's privilege to practice under the Professional 1339
Counselors Licensure Compact pursuant to s. 491.017 and may 1340
impose any of the penalties in s. 456.072(2) if the cl inical 1341
social worker, marriage and family therapist, or mental health 1342
counselor commits an act specified in subsection (1) or s. 1343
456.072(1). 1344
Section 10. Paragraph (h) is added to subsection (10) of 1345
section 768.28, Florida Statutes, to read: 1346
768.28 Waiver of sovereign immunity in tort actions; 1347
recovery limits; civil liability for damages caused during a 1348
riot; limitation on attorney fees; statute of limitations; 1349
exclusions; indemnification; risk management programs. — 1350
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(10) 1351
(h) For purposes of this sec tion, the individual appointed 1352
under s. 491.004(8) as the state's delegate on the Counseling 1353
Compact Commission, when serving in that capacity pursuant to s. 1354
491.017, and any administrator, officer, executive director, 1355
employee, or representative of the co mmission, when acting 1356
within the scope of his or her employment, duties, or 1357
responsibilities in this state, is considered an agent of the 1358
state. The commission shall pay any claims or judgments pursuant 1359
to this section and may maintain insurance coverage t o pay any 1360
such claims or judgments. 1361
Section 11. The Department of Health shall notify the 1362
Division of Law Revision upon enactment of the Professional 1363
Counselors Licensure Compact into law by 10 states. 1364
Section 12. This act shall take effect upon enactment of 1365
the Professional Counselors Licensure Compact into law by 10 1366
states. 1367