Florida Senate Bill S0358 Comm Sub / Bill

 Florida Senate - 2022 CS for CS for SB 358  By the Committees on Appropriations; and Health Policy; and Senator Rodriguez 576-03555-22 2022358c2 1 A bill to be entitled 2 An act relating to mental health professionals; 3 creating s. 491.017, F.S.; creating the Professional 4 Counselors Licensure Compact; providing purposes and 5 objectives; defining terms; specifying requirements 6 for state participation in the compact; specifying 7 duties of member states; authorizing member states to 8 charge a fee for granting a privilege to practice 9 under the compact; specifying that that compact does 10 not affect an individuals ability to apply for, and a 11 member states ability to grant, a single state 12 license pursuant to the laws of that state; providing 13 construction; providing for recognition of the 14 privilege to practice licensed professional counseling 15 in member states; specifying criteria a licensed 16 professional counselor must meet for the privilege to 17 practice under the compact; providing for the 18 expiration and renewal of the privilege to practice; 19 providing construction; specifying that a licensee 20 with a privilege to practice in a remote state must 21 adhere to the laws and rules of that state; 22 authorizing member states to act on a licensees 23 privilege to practice under certain circumstances; 24 specifying the consequences and parameters of practice 25 for a licensee whose privilege to practice has been 26 acted on or whose home state license is encumbered; 27 specifying that a licensed professional counselor may 28 hold a home state license in only one member state at 29 a time; specifying requirements and procedures for 30 changing a home state license designation; providing 31 construction; authorizing active duty military 32 personnel or their spouses to keep their home state 33 designation during active duty; specifying how such 34 individuals may subsequently change their home state 35 license designation; providing for the recognition of 36 the practice of professional counseling through 37 telehealth in member states; specifying that licensees 38 must adhere to the laws and rules of the remote state 39 in which they provide professional counseling through 40 telehealth; authorizing member states to take adverse 41 actions against licensees and issue subpoenas for 42 hearings and investigations under certain 43 circumstances; providing requirements and procedures 44 for adverse action; authorizing member states to 45 engage in joint investigations under certain 46 circumstances; providing that a licensees privilege 47 to practice must be deactivated in all member states 48 for the duration of an encumbrance imposed by the 49 licensees home state; providing for notice to the 50 data system and the licensees home state of any 51 adverse action taken against a licensee; providing 52 construction; establishing the Counseling Compact 53 Commission; providing for the jurisdiction and venue 54 for court proceedings; providing construction; 55 providing for membership, meetings, and powers of the 56 commission; specifying powers and duties of the 57 commissions executive committee; providing for the 58 financing of the commission; providing commission 59 members, officers, executive directors, employees, and 60 representatives immunity from civil liability under 61 certain circumstances; providing exceptions; requiring 62 the commission to defend the commissions members, 63 officers, executive directors, employees, and 64 representatives in civil actions under certain 65 circumstances; providing construction; requiring the 66 commission to indemnify and hold harmless such 67 individuals for any settlement or judgment obtained in 68 such actions under certain circumstances; providing 69 for the development of the data system, reporting 70 procedures, and the exchange of specified information 71 between member states; requiring the commission to 72 notify member states of any adverse action taken 73 against a licensee or applicant for licensure; 74 authorizing member states to designate as confidential 75 information provided to the data system; requiring the 76 commission to remove information from the data system 77 under certain circumstances; providing rulemaking 78 procedures for the commission; providing for member 79 state enforcement of the compact; specifying that the 80 compact and commission rules have standing as 81 statutory law in member states; specifying that the 82 commission is entitled to receive notice of process, 83 and has standing to intervene, in certain judicial and 84 administrative proceedings; rendering certain 85 judgments and orders void as to the commission, the 86 compact, or commission rules under certain 87 circumstances; providing for defaults and termination 88 of compact membership; providing procedures for the 89 resolution of certain disputes; providing for 90 commission enforcement of the compact; providing for 91 remedies; providing construction; providing for 92 implementation of, withdrawal from, and amendment to 93 the compact; providing construction; specifying that 94 licensees practicing in a remote state under the 95 compact must adhere to the laws and rules of the 96 remote state; providing construction; specifying that 97 the compact, commission rules, and commission actions 98 are binding on member states; providing construction 99 and severability; amending s. 456.073, F.S.; requiring 100 the Department of Health to report certain 101 investigative information to the data system; amending 102 s. 456.076, F.S.; requiring monitoring contracts for 103 impaired practitioners participating in treatment 104 programs to contain certain terms; amending s. 105 491.003, F.S.; revising definitions; amending s. 106 491.004, F.S.; requiring the Board of Clinical Social 107 Work, Marriage and Family Therapy, and Mental Health 108 Counseling to appoint an individual to serve as the 109 states delegate on the commission; amending s. 110 491.0045, F.S.; revising circumstances under which the 111 board may grant a certain one-time exemption from 112 associate registration requirements; amending ss. 113 491.005 and 491.006, F.S.; exempting certain persons 114 from mental health counselor licensure requirements; 115 amending s. 491.009, F.S.; authorizing certain 116 disciplinary action under the compact for specified 117 prohibited acts; amending s. 768.28, F.S.; designating 118 the state delegate and other members or employees of 119 the commission as state agents for the purpose of 120 applying waivers of sovereign immunity; requiring the 121 commission to pay certain claims or judgments; 122 authorizing the commission to maintain insurance 123 coverage to pay such claims or judgments; requiring 124 the department to notify the Division of Law Revision 125 upon enactment of the compact into law by 10 states; 126 amending ss. 491.0045, 491.005, 491.009, 491.012, 127 491.014, 491.0145, and 491.0149, F.S.; conforming 128 provisions to changes made by the act; providing 129 effective dates. 130 131 Be It Enacted by the Legislature of the State of Florida: 132 133 Section 1.Section 491.017, Florida Statutes, is created to 134 read: 135 491.017Professional Counselors Licensure Compact.The 136 Professional Counselors Licensure Compact is hereby enacted and 137 entered into by this state with all other jurisdictions legally 138 joining therein in the form substantially as follows: 139 140 ARTICLE I 141 PURPOSE 142 The compact is designed to achieve the following purposes 143 and objectives: 144 (1)Facilitate interstate practice of licensed professional 145 counseling to increase public access to professional counseling 146 services by providing for the mutual recognition of other member 147 state licenses. 148 (2)Enhance the member states ability to protect the 149 publics health and safety. 150 (3)Encourage the cooperation of member states in 151 regulating multistate practice of licensed professional 152 counselors. 153 (4)Support spouses of relocating active duty military 154 personnel. 155 (5)Facilitate the exchange of information between member 156 states regarding licensure, investigations, adverse actions, and 157 disciplinary history of licensed professional counselors. 158 (6)Allow for the use of telehealth technology to 159 facilitate increased access to professional counseling services. 160 (7)Support the uniformity of professional counseling 161 licensure requirements throughout member states to promote 162 public safety and public health benefits. 163 (8)Provide member states with the authority to hold a 164 licensed professional counselor accountable for meeting all 165 state practice laws in the state in which the client is located 166 at the time care is rendered through the mutual recognition of 167 member state licenses. 168 (9)Eliminate the necessity for licensed professional 169 counselors to hold licenses in multiple states and provide 170 opportunities for interstate practice by licensed professional 171 counselors who meet uniform licensure requirements. 172 173 ARTICLE II 174 DEFINITIONS 175 As used in this compact, the term: 176 (1)Active duty military means full-time duty status in 177 the active uniformed service of the United States, including, 178 but not limited to, members of the National Guard and Reserve on 179 active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. 180 (2)Adverse action means any administrative, civil, or 181 criminal action authorized by a states laws which is imposed by 182 a licensing board or other authority against a licensed 183 professional counselor, including actions against an 184 individuals license or privilege to practice, such as 185 revocation, suspension, probation, monitoring of the licensee, 186 limitation on the licensees practice, issuance of a cease and 187 desist action, or any other encumbrance on licensure affecting a 188 licensed professional counselors authorization to practice. 189 (3)Alternative program means a nondisciplinary 190 monitoring or practice remediation process approved by a 191 professional counseling licensing board to address impaired 192 practitioners. 193 (4)Continuing education means a requirement, as a 194 condition of license renewal, to participate in or complete 195 educational and professional activities relevant to the 196 licensees practice or area of work. 197 (5)Counseling Compact Commission or commission means 198 the national administrative body whose membership consists of 199 all states that have enacted the compact. 200 (6)Current significant investigative information means: 201 (a)Investigative information that a licensing board, after 202 a preliminary inquiry that includes notification and an 203 opportunity for the licensed professional counselor to respond, 204 if required by state law, has reason to believe is not 205 groundless and, if proved true, would indicate more than a minor 206 infraction; or 207 (b)Investigative information that indicates that the 208 licensed professional counselor represents an immediate threat 209 to public health and safety, regardless of whether the licensed 210 professional counselor has been notified and had an opportunity 211 to respond. 212 (7)Data system means a repository of information about 213 licensees, including, but not limited to, information relating 214 to continuing education, examinations, licensure statuses, 215 investigations, the privilege to practice, and adverse actions. 216 (8)Encumbered license means a license in which an 217 adverse action restricts the practice of licensed professional 218 counseling by the licensee and said adverse action has been 219 reported to the National Practitioner Data Bank. 220 (9)Encumbrance means a revocation or suspension of, or 221 any limitation on, the full and unrestricted practice of 222 licensed professional counseling by a licensing board. 223 (10)Executive committee means a group of directors 224 elected or appointed to act on behalf of, and within the powers 225 granted to them by, the commission. 226 (11)Home state means the member state that is the 227 licensees primary state of residence. 228 (12)Impaired practitioner means an individual who has a 229 condition that may impair his or her ability to safely practice 230 as a licensed professional counselor without intervention. Such 231 impairment may include, but is not limited to, alcohol or drug 232 dependence, mental health conditions, and neurological or 233 physical conditions. 234 (13)Investigative information means information, 235 records, or documents received or generated by a professional 236 counseling licensing board pursuant to an investigation. 237 (14)Jurisprudence requirement, if required by a member 238 state, means the assessment of an individuals knowledge of the 239 laws and rules governing the practice of professional counseling 240 in a state. 241 (15)Licensed professional counselor means a mental 242 health counselor licensed under chapter 491 or a counselor 243 licensed by a member state, regardless of the title used by that 244 state, to independently assess, diagnose, and treat behavioral 245 health conditions. 246 (16)Licensee means an individual who currently holds an 247 authorization from the state to practice as a licensed 248 professional counselor. 249 (17)Licensing board means the agency of a state, or 250 equivalent, that is responsible for the licensing and regulation 251 of licensed professional counselors. 252 (18)Member state means a state that has enacted the 253 compact. 254 (19)Privilege to practice means a legal authorization, 255 which is equivalent to a license, authorizing the practice of 256 professional counseling in a remote state. 257 (20)Professional counseling means the assessment, 258 diagnosis, and treatment of behavioral health conditions by a 259 licensed professional counselor. 260 (21)Remote state means a member state, other than the 261 home state, where a licensee is exercising or seeking to 262 exercise the privilege to practice. 263 (22)Rule means a regulation adopted by the commission 264 which has the force of law. 265 (23)Single state license means a licensed professional 266 counselor license issued by a member state which authorizes 267 practice only within the issuing state and does not include a 268 privilege to practice in any other member state. 269 (24)State means any state, commonwealth, district, or 270 territory of the United States of America which regulates the 271 practice of professional counseling. 272 (25)Telehealth means the application of 273 telecommunication technology to deliver professional counseling 274 services remotely to assess, diagnose, and treat behavioral 275 health conditions. 276 (26)Unencumbered license means a license that authorizes 277 a licensed professional counselor to engage in the full and 278 unrestricted practice of professional counseling. 279 280 ARTICLE III 281 STATE PARTICIPATION 282 (1)To participate in the compact, a state must currently 283 do all of the following: 284 (a)License and regulate licensed professional counselors. 285 (b)Require licensees to pass a nationally recognized exam 286 approved by the commission. 287 (c)Require licensees to have a 60 semester hour, or 90 288 quarter hour, masters degree in counseling or 60 semester 289 hours, or 90 quarter hours, of graduate coursework including all 290 of the following topic areas: 291 1.Professional counseling orientation and ethical 292 practice. 293 2.Social and cultural diversity. 294 3.Human growth and development. 295 4.Career development. 296 5.Counseling and helping relationships. 297 6.Group counseling and group work. 298 7.Diagnosis, assessment, testing, and treatment. 299 8.Research and program evaluation. 300 9.Other areas as determined by the commission. 301 (d)Require licensees to complete a supervised postgraduate 302 professional experience as defined by the commission. 303 (e)Have a mechanism in place for receiving and 304 investigating complaints about licensees. 305 (2)A member state shall do all of the following: 306 (a)Participate fully in the commissions data system, 307 including using the commissions unique identifier as defined in 308 rules adopted by the commission. 309 (b)Notify the commission, in compliance with the terms of 310 the compact and rules adopted by the commission, of any adverse 311 action or the availability of investigative information 312 regarding a licensee. 313 (c)Implement or utilize procedures for considering the 314 criminal history records of applicants for an initial privilege 315 to practice. These procedures must include the submission of 316 fingerprints or other biometric-based information by applicants 317 for the purpose of obtaining an applicants criminal history 318 record information from the Federal Bureau of Investigation and 319 the agency responsible for retaining that states criminal 320 records. 321 1.A member state must fully implement a criminal 322 background check requirement, within a timeframe established by 323 rule, by receiving the results of the Federal Bureau of 324 Investigation record search and shall use the results in making 325 licensure decisions. 326 2.Communication between a member state and the commission 327 and among member states regarding the verification of 328 eligibility for licensure through the compact may not include 329 any information received from the Federal Bureau of 330 Investigation relating to a federal criminal records check 331 performed by a member state under Public Law 92-544. 332 (d)Comply with the rules adopted by the commission. 333 (e)Require an applicant to obtain or retain a license in 334 the home state and meet the home states qualifications for 335 licensure or renewal of licensure, as well as all other 336 applicable state laws. 337 (f)Grant the privilege to practice to a licensee holding a 338 valid unencumbered license in another member state in accordance 339 with the terms of the compact and rules adopted by the 340 commission. 341 (g)Provide for the attendance of the states commissioner 342 at the commission meetings. 343 (3)Member states may charge a fee for granting the 344 privilege to practice. 345 (4)Individuals not residing in a member state may continue 346 to apply for a member states single state license as provided 347 under the laws of each member state. However, the single state 348 license granted to these individuals may not be recognized as 349 granting a privilege to practice professional counseling under 350 the compact in any other member state. 351 (5)Nothing in this compact affects the requirements 352 established by a member state for the issuance of a single state 353 license. 354 (6)A professional counselor license issued by a home state 355 to a resident of that state must be recognized by each member 356 state as authorizing that licensed professional counselor to 357 practice professional counseling, under a privilege to practice, 358 in each member state. 359 360 ARTICLE IV 361 PRIVILEGE TO PRACTICE 362 (1)To exercise the privilege to practice under the terms 363 and provisions of the compact, the licensee must meet all of the 364 following criteria: 365 (a)Hold a license in the home state. 366 (b)Have a valid United States Social Security Number or 367 national provider identifier. 368 (c)Be eligible for a privilege to practice in any member 369 state in accordance with subsections (4), (7), and (8). 370 (d)Have not had any encumbrance or restriction against any 371 license or privilege to practice within the preceding 2 years. 372 (e)Notify the commission that the licensee is seeking the 373 privilege to practice within a remote state. 374 (f)Pay any applicable fees, including any state fee, for 375 the privilege to practice. 376 (g)Meet any continuing education requirements established 377 by the home state. 378 (h)Meet any jurisprudence requirements established by the 379 remote state in which the licensee is seeking a privilege to 380 practice. 381 (i)Report to the commission any adverse action, 382 encumbrance, or restriction on a license taken by any nonmember 383 state within 30 days after the action is taken. 384 (2)The privilege to practice is valid until the expiration 385 date of the home state license. The licensee must continue to 386 meet the criteria specified in subsection (1) to renew the 387 privilege to practice in the remote state. 388 (3)For purposes of the compact, the practice of 389 professional counseling occurs in the state where the client is 390 located at the time of the counseling services. The compact does 391 not affect the regulatory authority of states to protect public 392 health and safety through their own system of state licensure. 393 (4)A licensee providing professional counseling in a 394 remote state under the privilege to practice must adhere to the 395 laws and regulations of the remote state. 396 (5)A licensee providing professional counseling services 397 in a remote state is subject to that states regulatory 398 authority. A remote state may, in accordance with due process 399 and that states laws, remove a licensees privilege to practice 400 in the remote state for a specified period of time, impose 401 fines, or take any other action necessary to protect the health 402 and safety of its residents. The licensee may be ineligible for 403 a privilege to practice in any member state until the specific 404 time for removal has passed and all fines are paid. 405 (6)If a home state license is encumbered, a licensee loses 406 the privilege to practice in any remote state until both of the 407 following conditions are met: 408 (a)The home state license is no longer encumbered. 409 (b)The licensee has not had any encumbrance or restriction 410 against any license or privilege to practice within the 411 preceding 2 years. 412 (7)Once an encumbered license in the licensees home state 413 is restored to good standing, the licensee may obtain a 414 privilege to practice in any remote state if he or she meets the 415 requirements of subsection (1). 416 (8)If a licensees privilege to practice in any remote 417 state is removed, the individual may lose the privilege to 418 practice in all other remote states until all of the following 419 conditions are met: 420 (a)The specified period of time for which the privilege to 421 practice was removed has ended. 422 (b)The licensee has paid all fines imposed. 423 (c)The licensee has not had any encumbrance or restriction 424 against any license or privilege to practice within the 425 preceding 2 years. 426 (9)Once the requirements of subsection (8) have been met, 427 the licensee may obtain a privilege to practice in a remote 428 state if he or she meets the requirements in subsection (1). 429 430 ARTICLE V 431 OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 432 PRACTICE 433 (1)A licensed professional counselor may hold a home state 434 license, which allows for a privilege to practice in other 435 member states, in only one member state at a time. 436 (2)If a licensed professional counselor changes his or her 437 primary state of residence by moving between two member states, 438 then the licensed professional counselor must file an 439 application for obtaining a new home state license based on a 440 privilege to practice, pay all applicable fees, and notify the 441 current and new home state in accordance with applicable rules 442 adopted by the commission. 443 (3)Upon receipt of an application for obtaining a new home 444 state license based on a privilege to practice, the new home 445 state must verify that the licensed professional counselor meets 446 the criteria outlined in article IV through the data system. The 447 new home state does not need to seek primary source verification 448 for information obtained from the data system, except for the 449 following: 450 (a)A Federal Bureau of Investigation fingerprint-based 451 criminal background check, if not previously performed or 452 updated pursuant to applicable rules adopted by the commission 453 in accordance with Public Law 92-544; 454 (b)Any other criminal background check as required by the 455 new home state; and 456 (c)Proof of completion of any requisite jurisprudence 457 requirements of the new home state. 458 (4)The former home state shall convert the former home 459 state license into a privilege to practice once the new home 460 state has activated the new home state license in accordance 461 with applicable rules adopted by the commission. 462 (5)Notwithstanding any other provision of the compact, if 463 the licensed professional counselor does not meet the criteria 464 in article IV, the new home state may apply its own requirements 465 for issuing a new single state license. 466 (6)The licensed professional counselor must pay all 467 applicable fees to the new home state in order to be issued a 468 new home state license for purposes of the compact. 469 (7)If a licensed professional counselor changes his or her 470 primary state of residence by moving from a member state to a 471 nonmember state or from a nonmember state to a member state, the 472 new states own criteria apply for issuance of a single state 473 license in the new state. 474 (8)The compact does not interfere with a licensees 475 ability to hold a single state license in multiple states. 476 However, for the purposes of the compact, a licensee may have 477 only one home state license. 478 (9)The compact does not affect the requirements 479 established by a member state for the issuance of a single state 480 license. 481 482 ARTICLE VI 483 ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 484 Active duty military personnel, or their spouse, shall 485 designate a home state where the individual has a current 486 license in good standing. The individual may retain the home 487 state license designation during the period the service member 488 is on active duty. Subsequent to designating a home state, the 489 individual may change his or her home state only through 490 application for licensure in the new state or through the 491 process outlined in article V. 492 493 ARTICLE VII 494 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 495 (1)Member states shall recognize the right of a licensed 496 professional counselor, licensed by a home state in accordance 497 with article III and under rules adopted by the commission, to 498 practice professional counseling in any member state through 499 telehealth under a privilege to practice as provided in the 500 compact and rules adopted by the commission. 501 (2)A licensee providing professional counseling services 502 in a remote state through telehealth under the privilege to 503 practice must adhere to the laws and rules of the remote state. 504 505 ARTICLE VIII 506 ADVERSE ACTIONS 507 (1)In addition to the other powers conferred by state law, 508 a remote state has the authority, in accordance with existing 509 state due process law, to do any of the following: 510 (a)Take adverse action against a licensed professional 511 counselors privilege to practice within that member state. 512 (b)Issue subpoenas for both hearings and investigations 513 that require the attendance and testimony of witnesses or the 514 production of evidence. Subpoenas issued by a licensing board in 515 a member state for the attendance and testimony of witnesses or 516 the production of evidence from another member state must be 517 enforced in the latter state by any court of competent 518 jurisdiction, according to the practice and procedure of that 519 court applicable to subpoenas issued in proceedings pending 520 before it. The issuing authority shall pay any witness fees, 521 travel expenses, mileage, and other fees required by the service 522 statutes of the state in which the witnesses or evidence is 523 located. 524 (2)Only the home state has the power to take adverse 525 action against a licensed professional counselors license 526 issued by the home state. 527 (3)For purposes of taking adverse action, the home state 528 shall give the same priority and effect to reported conduct 529 received from a member state as it would if the conduct had 530 occurred within the home state. The home state shall apply its 531 own state laws to determine appropriate action in such cases. 532 (4)The home state shall complete any pending 533 investigations of a licensed professional counselor who changes 534 primary state of residence during the course of the 535 investigations. The home state may also take appropriate action 536 and shall promptly report the conclusions of the investigations 537 to the administrator of the data system. The administrator of 538 the data system shall promptly notify the new home state of any 539 adverse actions. 540 (5)A member state, if authorized by state law, may recover 541 from the affected licensed professional counselor the costs of 542 investigations and dispositions of any cases resulting from 543 adverse action taken against that licensed professional 544 counselor. 545 (6)A member state may take adverse action against a 546 licensed professional counselor based on the factual findings of 547 a remote state, provided that the member state follows its own 548 statutory procedures for taking adverse action. 549 (7)(a)In addition to the authority granted to a member 550 state by its respective professional counseling practice act or 551 other applicable state law, any member state may participate 552 with other member states in joint investigations of licensees. 553 (b)Member states shall share any investigative, 554 litigation, or compliance materials in furtherance of any joint 555 or individual investigation initiated under the compact. 556 (8)If adverse action is taken by the home state against 557 the license of a professional counselor, the licensed 558 professional counselors privilege to practice in all other 559 member states must be deactivated until all encumbrances have 560 been removed from the home state license. All home state 561 disciplinary orders that impose adverse action against the 562 license of a professional counselor must include a statement 563 that the licensed professional counselors privilege to practice 564 is deactivated in all member states while the order is in 565 effect. 566 (9)If a member state takes adverse action, it must 567 promptly notify the administrator of the data system. The 568 administrator shall promptly notify the licensees home state of 569 any adverse actions by remote states. 570 (10)Nothing in the compact overrides a member states 571 decision to allow a licensed professional counselor to 572 participate in an alternative program in lieu of adverse action. 573 574 ARTICLE IX 575 ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 576 (1)COMMISSION CREATED.The compact member states hereby 577 create and establish a joint public agency known as the 578 Counseling Compact Commission. 579 (a)The commission is an instrumentality of the compact 580 states. 581 (b)Venue is proper, and judicial proceedings by or against 582 the commission shall be brought solely and exclusively in a 583 court of competent jurisdiction where the principal office of 584 the commission is located. The commission may waive venue and 585 jurisdictional defenses to the extent that it adopts or consents 586 to participate in alternative dispute resolution proceedings. 587 (c)Nothing in the compact may be construed to be a waiver 588 of sovereign immunity. 589 (2)MEMBERSHIP. 590 (a)The commission shall consist of one voting delegate, 591 appointed by each member states licensing board. The 592 commission, by rule, shall establish a term of office for 593 delegates and may establish term limits. 594 (b)The delegate must be either: 595 1.A current member of the licensing board at the time of 596 appointment, who is a licensed professional counselor or public 597 member; or 598 2.An administrator of the licensing board. 599 (c)A delegate may be removed or suspended from office as 600 provided by the law of the state from which the delegate is 601 appointed. 602 (d)The member state licensing board must fill any vacancy 603 occurring on the commission within 60 days. 604 (e)Each delegate is entitled to one vote with regard to 605 the adoption of rules and creation of bylaws and shall otherwise 606 participate in the business and affairs of the commission. 607 (f)A delegate shall vote in person or by such other means 608 as provided in the bylaws. The bylaws may provide for delegates 609 participation in meetings by telephone or other means of 610 communication. 611 (3)MEETINGS OF THE COMMISSION. 612 (a)The commission shall meet at least once during each 613 calendar year. Additional meetings must be held as set forth in 614 the bylaws. 615 (b)All meetings must be open to the public, and public 616 notice of meetings must be given in the same manner as required 617 under the rulemaking provisions in article XI. 618 (c)The commission or the executive committee of the 619 commission may convene in a closed nonpublic meeting if the 620 chair of the commission declares the specific reasons it is 621 necessary to close the meeting or a portion thereof in a 622 document that is a public record and held by the commission and 623 announces at a public meeting that, in connection with the 624 performance of the commissions duties, it is necessary that the 625 commission discuss: 626 1.Pending litigation to which the commission is presently 627 a party before a court or administrative agency in accordance 628 with s. 286.011(8). 629 2.Negotiation of contracts under competitive solicitation 630 as provided in s. 286.0113(2). 631 3.Disclosure of trade secrets or commercial or financial 632 information that is privileged or confidential. 633 4.Records made exempt under this section. 634 5.Matters specifically exempted from disclosure by federal 635 or member state law. 636 (d)If a meeting, or portion of a meeting, is closed under 637 this subsection, the commissions legal counsel or designee must 638 certify that the meeting may be closed and must reference each 639 relevant exempting provision. 640 (e)The commission shall keep minutes that fully and 641 clearly describe all matters discussed in a meeting and shall 642 provide a full and accurate summary of actions taken, and the 643 reasons therefore, including a description of the views 644 expressed. All documents considered in connection with an action 645 must be identified in such minutes. All minutes and documents of 646 a closed meeting must remain under seal, subject to release by a 647 majority vote of the commission or order of a court of competent 648 jurisdiction. 649 (4)POWERS.The commission may do any of the following: 650 (a)Establish the fiscal year of the commission. 651 (b)Establish bylaws. 652 (c)Maintain its financial records in accordance with the 653 bylaws. 654 (d)Meet and take actions that are consistent with the 655 compact and bylaws. 656 (e)Adopt rules that are binding to the extent and in the 657 manner provided for in the compact. 658 (f)Initiate and prosecute legal proceedings or actions in 659 the name of the commission, provided that the standing of any 660 state licensing board to sue or be sued under applicable law is 661 not affected. 662 (g)Purchase and maintain insurance and bonds. 663 (h)Borrow, accept, or contract for services of personnel, 664 including, but not limited to, employees of a member state. 665 (i)Hire employees and elect or appoint officers; fix 666 compensation for, define duties of, and grant appropriate 667 authority to such employees and officers to carry out the 668 purposes of the compact; and establish the commissions 669 personnel policies and programs relating to conflicts of 670 interest, qualifications of personnel, and other related 671 personnel matters. 672 (j)Accept any and all appropriate donations and grants of 673 money, equipment, supplies, materials, and services, and 674 receive, utilize, and dispose of the same, provided that at all 675 times the commission avoids any appearance of impropriety or 676 conflict of interest. 677 (k)Lease, purchase, accept appropriate gifts or donations 678 of, or otherwise own, hold, improve, or use, any property, real, 679 personal, or mixed, provided that at all times the commission 680 avoids any appearance of impropriety or conflict of interest. 681 (l)Sell, convey, mortgage, pledge, lease, exchange, 682 abandon, or otherwise dispose of any property, real, personal, 683 or mixed. 684 (m)Establish a budget and make expenditures. 685 (n)Borrow money. 686 (o)Appoint committees, including standing committees 687 consisting of commission members, state regulators, state 688 legislators or their representatives, and consumer 689 representatives, and such other interested persons as may be 690 designated in the compact and bylaws. 691 (p)Provide information to, receive information from, and 692 cooperate with law enforcement agencies. 693 (q)Establish and elect an executive committee. 694 (r)Perform any other function that may be necessary or 695 appropriate to achieve the purposes of the compact and is 696 consistent with the state regulation of professional counseling 697 licensure and practice. 698 (5)THE EXECUTIVE COMMITTEE. 699 (a)The executive committee may act on behalf of the 700 commission according to the terms of the compact and shall 701 consist of up to 11 members, as follows: 702 1.Seven voting members who are elected by the commission 703 from the current membership of the commission. 704 2.Up to four ex officio, nonvoting members from four 705 recognized national professional counselor organizations. The ex 706 officio members shall be selected by their respective 707 organizations. 708 (b)The commission may remove any member of the executive 709 committee as provided in its bylaws. 710 (c)The executive committee shall meet at least annually. 711 (d)The executive committee shall do all of the following: 712 1.Make recommendations to the commission for any changes 713 to the rules, bylaws, or compact legislation; fees paid by 714 compact member states; and any fees charged to licensees for the 715 privilege to practice. 716 2.Ensure compact administration services are appropriately 717 provided, contractually or otherwise. 718 3.Prepare and recommend the budget. 719 4.Maintain financial records on behalf of the commission. 720 5.Monitor compact compliance of member states and provide 721 compliance reports to the commission. 722 6.Establish additional committees as necessary. 723 7.Perform any other duties provided for in the rules or 724 bylaws. 725 (6)FINANCING OF THE COMMISSION. 726 (a)The commission shall pay, or provide for the payment 727 of, the reasonable expenses of its establishment, organization, 728 and ongoing activities. 729 (b)The commission may accept any appropriate revenue 730 sources, donations, or grants of money, equipment, supplies, 731 materials, or services. 732 (c)The commission may levy and collect an annual 733 assessment from each member state or impose fees on other 734 parties to cover the cost of the operations and activities of 735 the commission and its staff. Such assessments and fees must be 736 in a total amount sufficient to cover its annual budget as 737 approved each year for which revenue is not provided by other 738 sources. The aggregate annual assessment amount must be 739 allocated based on a formula to be determined by the commission, 740 which shall adopt a rule binding on all member states. 741 (d)The commission may not incur obligations of any kind 742 before securing the funds adequate to meet the same; nor may the 743 commission pledge the credit of any of the member states, except 744 by and with the authority of the member state. 745 (e)The commission shall keep accurate accounts of all 746 receipts and disbursements. The receipts and disbursements of 747 the commission are subject to the audit and accounting 748 procedures established under its bylaws. However, all receipts 749 and disbursements of funds handled by the commission must be 750 audited annually by a certified or licensed public accountant, 751 and the report of the audit must be included in and become part 752 of the annual report of the commission. 753 (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. 754 (a)The members, officers, executive director, employees, 755 and representatives of the commission are immune from suit and 756 liability, either personally or in their official capacity, for 757 any claim for damage to or loss of property or personal injury 758 or other civil liability caused by or arising out of any actual 759 or alleged act, error, or omission that occurred, or that the 760 person against whom the claim is made had a reasonable basis for 761 believing occurred, within the scope of commission employment, 762 duties, or responsibilities. This paragraph may not be construed 763 to protect any such person from suit or liability for any 764 damage, loss, injury, or liability caused by the intentional or 765 willful or wanton misconduct of that person. 766 (b)The commission shall defend any member, officer, 767 executive director, employee, or representative of the 768 commission in any civil action seeking to impose liability 769 arising out of any actual or alleged act, error, or omission 770 that occurred, or that the person against whom the claim is made 771 had a reasonable basis for believing occurred, within the scope 772 of commission employment, duties, or responsibilities, provided 773 that the actual or alleged act, error, or omission did not 774 result from that persons intentional or willful or wanton 775 misconduct. This paragraph may not be construed to prohibit that 776 person from retaining his or her own counsel. 777 (c)The commission shall indemnify and hold harmless any 778 member, officer, executive director, employee, or representative 779 of the commission for the amount of any settlement or judgment 780 obtained against that person arising out of any actual or 781 alleged act, error, or omission that occurred, or that such 782 person had a reasonable basis for believing occurred, within the 783 scope of commission employment, duties, or responsibilities, 784 provided that the actual or alleged act, error, or omission did 785 not result from the intentional or willful or wanton misconduct 786 of that person. 787 788 ARTICLE X 789 DATA SYSTEM 790 (1)The commission shall provide for the development, 791 operation, and maintenance of a coordinated database and 792 reporting system containing licensure, adverse action, and 793 investigative information on all licensed professional 794 counselors in member states. 795 (2)Notwithstanding any other provision of state law to the 796 contrary, a member state shall submit a uniform data set to the 797 data system on all licensees to whom the compact is applicable, 798 as required by the rules of the commission, including all of the 799 following: 800 (a)Identifying information. 801 (b)Licensure data. 802 (c)Adverse actions against a license or privilege to 803 practice. 804 (d)Nonconfidential information related to alternative 805 program participation. 806 (e)Any denial of application for licensure and the reason 807 for such denial. 808 (f)Current significant investigative information. 809 (g)Other information that may facilitate the 810 administration of the compact, as determined by the rules of the 811 commission. 812 (3)Investigative information pertaining to a licensee in 813 any member state may be made available only to other member 814 states. 815 (4)The commission shall promptly notify all member states 816 of any adverse action taken against a licensee or an individual 817 applying for a license. Adverse action information pertaining to 818 a licensee in any member state must be made available to any 819 other member state. 820 (5)Member states reporting information to the data system 821 may designate information that may not be shared with the public 822 without the express permission of the reporting state. 823 (6)Any information submitted to the data system which is 824 subsequently required to be expunged by the laws of the member 825 state reporting the information must be removed from the data 826 system. 827 828 ARTICLE XI 829 RULEMAKING 830 (1)The commission shall adopt reasonable rules to 831 effectively and efficiently achieve the purposes of the compact. 832 If, however, the commission exercises its rulemaking authority 833 in a manner that is beyond the scope of the purposes of the 834 compact, or the powers granted hereunder, then such an action by 835 the commission is invalid and has no force or effect. 836 (2)The commission shall exercise its rulemaking powers 837 pursuant to the criteria set forth in this article and the rules 838 adopted thereunder. Rules and amendments become binding as of 839 the date specified in each rule or amendment. 840 (3)If a majority of the legislatures of the member states 841 rejects a rule by enactment of a statute or resolution in the 842 same manner used to adopt the compact within 4 years after the 843 date of adoption of the rule, such rule does not have further 844 force and effect in any member state. 845 (4)Rules or amendments to the rules must be adopted at a 846 regular or special meeting of the commission. 847 (5)Before adoption of a final rule by the commission, and 848 at least 30 days in advance of the meeting at which the rule 849 will be considered and voted upon, the commission shall file a 850 notice of proposed rulemaking: 851 (a)On the website of the commission or other publicly 852 accessible platform; and 853 (b)On the website of each member states professional 854 counseling licensing board or other publicly accessible platform 855 or in the publication in which each state would otherwise 856 publish proposed rules. 857 (6)The notice of proposed rulemaking must include: 858 (a)The proposed time, date, and location of the meeting in 859 which the rule will be considered and voted upon; 860 (b)The text of the proposed rule or amendment and the 861 reason for the proposed rule; 862 (c)A request for comments on the proposed rule from any 863 interested person; and 864 (d)The manner in which interested persons may submit 865 notice to the commission of their intention to attend the public 866 hearing and any written comments. 867 (7)Before adoption of a proposed rule, the commission must 868 allow persons to submit written data, facts, opinions, and 869 arguments, which must be made available to the public. 870 (8)The commission shall grant an opportunity for a public 871 hearing before it adopts a rule or an amendment if a hearing is 872 requested by: 873 (a)At least 25 persons who submit comments independently 874 of each other; 875 (b)A state or federal governmental subdivision or agency; 876 or 877 (c)An association that has at least 25 members. 878 (9)If a hearing is held on the proposed rule or amendment, 879 the commission must publish the place, time, and date of the 880 scheduled public hearing. If the hearing is held through 881 electronic means, the commission must publish the mechanism for 882 access to the electronic hearing. 883 (a)All persons wishing to be heard at the hearing must 884 notify the executive director of the commission or other 885 designated member in writing of their desire to appear and 886 testify at the hearing at least 5 business days before the 887 scheduled date of the hearing. 888 (b)Hearings must be conducted in a manner providing each 889 person who wishes to comment a fair and reasonable opportunity 890 to comment orally or in writing. 891 (c)All hearings must be recorded. A copy of the recording 892 must be made available on request. 893 (d)This section may not be construed to require a separate 894 hearing on each rule. Rules may be grouped at hearings required 895 by this section for the convenience of the commission. 896 (10)If the commission does not receive a written notice of 897 intent to attend the public hearing by interested parties, the 898 commission may proceed with adoption of the proposed rule 899 without a public hearing. 900 (11)Following the scheduled hearing date, or by the close 901 of business on the scheduled hearing date if the hearing was not 902 held, the commission shall consider all written and oral 903 comments received. 904 (12)The commission, by majority vote of all members, shall 905 take final action on the proposed rule and shall determine the 906 effective date of the rule based on the rulemaking record and 907 the full text of the rule. 908 (13)Upon determination that an emergency exists, the 909 commission may consider and adopt an emergency rule without 910 prior notice, opportunity for comment, or hearing, provided that 911 the usual rulemaking procedures provided in the compact and in 912 this section are retroactively applied to the rule as soon as 913 reasonably possible, but no later than 90 days after the 914 effective date of the rule. For purposes of this subsection, an 915 emergency rule is one that must be adopted immediately in order 916 to: 917 (a)Meet an imminent threat to public health, safety, or 918 welfare; 919 (b)Prevent a loss of commission or member state funds; 920 (c)Meet a deadline for the adoption of an administrative 921 rule established by federal law or rule; or 922 (d)Protect public health and safety. 923 (14)The commission or an authorized committee of the 924 commission may direct revisions to a previously adopted rule or 925 amendment for purposes of correcting typographical errors, 926 errors in format, errors in consistency, or grammatical errors. 927 Public notice of any revision must be posted on the website of 928 the commission. Revisions are subject to challenge by any person 929 for a period of 30 days after posting. A revision may be 930 challenged only on grounds that the revision results in a 931 material change to a rule. A challenge must be made in writing 932 and delivered to the chair of the commission before the end of 933 the notice period. If a challenge is not made, the revision 934 takes effect without further action. If a revision is 935 challenged, the revision may not take effect without the 936 approval of the commission. 937 938 ARTICLE XII 939 OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 940 DISPUTE RESOLUTION; AND ENFORCEMENT 941 (1)OVERSIGHT. 942 (a)The executive, legislative, and judicial branches of 943 state government in each member state shall enforce the compact 944 and take all actions necessary and appropriate to effectuate the 945 compacts purposes and intent. The compact and the rules adopted 946 thereunder have standing as statutory law. 947 (b)All courts shall take judicial notice of the compact 948 and the rules in any judicial or administrative proceeding in a 949 member state pertaining to the subject matter of the compact 950 which may affect the powers, responsibilities, or actions of the 951 commission. 952 (c)The commission is entitled to receive service of 953 process in any judicial or administrative proceeding specified 954 in paragraph (b) and has standing to intervene in such a 955 proceeding for all purposes. Failure to provide service of 956 process to the commission renders a judgment or an order void as 957 to the commission, the compact, or adopted rules. 958 (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION. 959 (a)If the commission determines that a member state has 960 defaulted in the performance of its obligations or 961 responsibilities under the compact or adopted rules, the 962 commission must: 963 1.Provide written notice to the defaulting state and other 964 member states of the nature of the default, the proposed means 965 of curing the default, and any other action to be taken by the 966 commission; and 967 2.Provide remedial training and specific technical 968 assistance regarding the default. 969 (b)If a state in default fails to cure the default, the 970 defaulting state may be terminated from the compact upon an 971 affirmative vote of a majority of the member states, and all 972 rights, privileges, and benefits conferred by the compact are 973 terminated on the effective date of termination. A cure of the 974 default does not relieve the offending state of obligations or 975 liabilities incurred during the period of default. 976 (c)Termination of membership in the compact may be imposed 977 only after all other means of securing compliance have been 978 exhausted. The commission shall submit a notice of intent to 979 suspend or terminate a defaulting member state to that states 980 governor, to the majority and minority leaders of that states 981 legislature, and to each member state. 982 (d)A member state that has been terminated is responsible 983 for all assessments, obligations, and liabilities incurred 984 through the effective date of termination, including obligations 985 that extend beyond the effective date of termination. 986 (e)The commission may not bear any costs related to a 987 member state that is found to be in default or that has been 988 terminated from the compact, unless agreed upon in writing 989 between the commission and the defaulting member state. 990 (f)The defaulting member state may appeal the action of 991 the commission by petitioning the United States District Court 992 for the District of Columbia or the federal district where the 993 commission has its principal offices. The prevailing party must 994 be awarded all costs of such litigation, including reasonable 995 attorney fees. 996 (3)DISPUTE RESOLUTION. 997 (a)Upon request by a member state, the commission shall 998 attempt to resolve disputes related to the compact which arise 999 among member states and between member and nonmember states. 1000 (b)The commission shall adopt rules providing for both 1001 mediation and binding dispute resolution for disputes as 1002 appropriate. 1003 (4)ENFORCEMENT. 1004 (a)The commission, in the reasonable exercise of its 1005 discretion, shall enforce the provisions and rules of the 1006 compact. 1007 (b)By majority vote, the commission may initiate legal 1008 action in the United States District Court for the District of 1009 Columbia or the federal district where the commission has its 1010 principal offices against a member state in default to enforce 1011 compliance with the compact and its adopted rules and bylaws. 1012 The relief sought may include both injunctive relief and 1013 damages. If judicial enforcement is necessary, the prevailing 1014 party must be awarded all costs of such litigation, including 1015 reasonable attorney fees. 1016 (c)The remedies under this article are not the exclusive 1017 remedies to the commission. The commission may pursue any other 1018 remedies available under federal or state law. 1019 1020 ARTICLE XIII 1021 DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 1022 ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 1023 (1)The compact becomes effective on the date on which the 1024 compact is enacted into law in the 10th member state. The 1025 provisions that become effective at that time are limited to the 1026 powers granted to the commission relating to assembly and the 1027 adoption of rules. Thereafter, the commission shall meet and 1028 exercise rulemaking powers necessary for implementation and 1029 administration of the compact. 1030 (2)Any state that joins the compact subsequent to the 1031 commissions initial adoption of the rules is subject to the 1032 rules as they exist on the date on which the compact becomes law 1033 in that state. Any rule that has been previously adopted by the 1034 commission has the full force and effect of law on the day the 1035 compact becomes law in that state. 1036 (3)Any member state may withdraw from the compact by 1037 enacting a statute repealing the compact. 1038 (a)A member states withdrawal does not take effect until 1039 6 months after enactment of the repealing statute. 1040 (b)Withdrawal does not affect the continuing requirement 1041 of the withdrawing states professional counseling licensing 1042 board to comply with the investigative and adverse action 1043 reporting requirements of the compact before the effective date 1044 of withdrawal. 1045 (4)The compact may not be construed to invalidate or 1046 prevent any professional counseling licensure agreement or other 1047 cooperative arrangement between a member state and a nonmember 1048 state which does not conflict with the compact. 1049 (5)The compact may be amended by the member states. An 1050 amendment to the compact is not effective and binding upon any 1051 member state until it is enacted into the laws of all member 1052 states. 1053 ARTICLE XIV 1054 BINDING EFFECT OF COMPACT AND OTHER LAWS 1055 (1)A licensee providing professional counseling services 1056 in a remote state under the privilege to practice shall adhere 1057 to the laws and regulations, including scope of practice, of the 1058 remote state. 1059 (2)The compact does not prevent the enforcement of any 1060 other law of a member state which is not inconsistent with the 1061 compact. 1062 (3)Any laws in a member state which conflict with the 1063 compact are superseded to the extent of the conflict. 1064 (4)Any lawful actions of the commission, including all 1065 rules and bylaws properly adopted by the commission, are binding 1066 on the member states. 1067 (5)All permissible agreements between the commission and 1068 the member states are binding in accordance with their terms. 1069 (6)If any provision of the compact exceeds the 1070 constitutional limits imposed on the legislature of any member 1071 state, the provision shall be ineffective to the extent of the 1072 conflict with the constitutional provision in question in that 1073 member state. 1074 1075 ARTICLE XV 1076 CONSTRUCTION AND SEVERABILITY 1077 The compact must be liberally construed so as to effectuate 1078 the purposes thereof. The provisions of the compact are 1079 severable, and if any phrase, clause, sentence, or provision of 1080 the compact is declared to be contrary to the constitution of 1081 any member state or of the United States or the applicability 1082 thereof to any government, agency, person, or circumstance is 1083 held invalid, the validity of the remainder of the compact and 1084 the applicability thereof to any government, agency, person, or 1085 circumstance is not affected thereby. If the compact is held 1086 contrary to the constitution of any member state, the compact 1087 remains in full force and effect as to the remaining member 1088 states and in full force and effect as to the member state 1089 affected as to all severable matters. 1090 Section 2.Subsection (10) of section 456.073, Florida 1091 Statutes, is amended to read: 1092 456.073Disciplinary proceedings.Disciplinary proceedings 1093 for each board shall be within the jurisdiction of the 1094 department. 1095 (10)The complaint and all information obtained pursuant to 1096 the investigation by the department are confidential and exempt 1097 from s. 119.07(1) until 10 days after probable cause has been 1098 found to exist by the probable cause panel or by the department, 1099 or until the regulated professional or subject of the 1100 investigation waives his or her privilege of confidentiality, 1101 whichever occurs first. The department shall report any 1102 significant investigation information relating to a nurse 1103 holding a multistate license to the coordinated licensure 1104 information system pursuant to s. 464.0095, and any significant 1105 investigatory information relating to a health care practitioner 1106 practicing under the Professional Counselors Licensure Compact 1107 to the data system pursuant to s. 491.017 instead of this 1108 subsection. Upon completion of the investigation and a 1109 recommendation by the department to find probable cause, and 1110 pursuant to a written request by the subject or the subjects 1111 attorney, the department shall provide the subject an 1112 opportunity to inspect the investigative file or, at the 1113 subjects expense, forward to the subject a copy of the 1114 investigative file. Notwithstanding s. 456.057, the subject may 1115 inspect or receive a copy of any expert witness report or 1116 patient record connected with the investigation if the subject 1117 agrees in writing to maintain the confidentiality of any 1118 information received under this subsection until 10 days after 1119 probable cause is found and to maintain the confidentiality of 1120 patient records pursuant to s. 456.057. The subject may file a 1121 written response to the information contained in the 1122 investigative file. Such response must be filed within 20 days 1123 of mailing by the department, unless an extension of time has 1124 been granted by the department. This subsection does not 1125 prohibit the department from providing such information to any 1126 law enforcement agency or to any other regulatory agency. 1127 Section 3.Subsection (5) of section 456.076, Florida 1128 Statutes, is amended to read: 1129 456.076Impaired practitioner programs. 1130 (5)A consultant shall enter into a participant contract 1131 with an impaired practitioner and shall establish the terms of 1132 monitoring and shall include the terms in a participant 1133 contract. In establishing the terms of monitoring, the 1134 consultant may consider the recommendations of one or more 1135 approved evaluators, treatment programs, or treatment providers. 1136 A consultant may modify the terms of monitoring if the 1137 consultant concludes, through the course of monitoring, that 1138 extended, additional, or amended terms of monitoring are 1139 required for the protection of the health, safety, and welfare 1140 of the public. If the impaired practitioner is a health care 1141 practitioner practicing under the Professional Counselors 1142 Licensure Compact pursuant to s. 491.017, the terms of the 1143 monitoring contract must include the impaired practitioners 1144 withdrawal from all practice under the compact in this state. 1145 Section 4.Effective July 1, 2022, subsections (14), (15), 1146 and (16) of section 491.003, Florida Statutes, are amended to 1147 read: 1148 491.003Definitions.As used in this chapter: 1149 (14)Registered associate clinical social worker intern 1150 means a person registered under this chapter who is completing 1151 the postgraduate clinical social work experience requirement 1152 specified in s. 491.005(1)(c). 1153 (15)Registered associate marriage and family therapist 1154 intern means a person registered under this chapter who is 1155 completing the post-masters clinical experience requirement 1156 specified in s. 491.005(3)(c). 1157 (16)Registered associate mental health counselor intern 1158 means a person registered under this chapter who is completing 1159 the post-masters clinical experience requirement specified in 1160 s. 491.005(4)(c). 1161 Section 5.Subsection (8) is added to section 491.004, 1162 Florida Statutes, to read: 1163 491.004Board of Clinical Social Work, Marriage and Family 1164 Therapy, and Mental Health Counseling. 1165 (8)The board shall appoint an individual to serve as the 1166 states delegate on the Counseling Compact Commission, as 1167 required under s. 491.017. 1168 Section 6.Effective upon this act becoming a law, 1169 subsection (6) of section 491.0045, Florida Statutes, is amended 1170 to read: 1171 491.0045Intern registration; requirements. 1172 (6)A registration issued on or before March 31, 2017, 1173 expires March 31, 2022, and may not be renewed or reissued. Any 1174 registration issued after March 31, 2017, expires 60 months 1175 after the date it is issued. The board may make a one-time 1176 exception to the requirements of this subsection in emergency or 1177 hardship cases, as defined by board rule, if the candidate has 1178 passed the theory and practice examination described in s. 1179 491.005(1)(d), (3)(d), and (4)(d). 1180 Section 7.Subsection (6) is added to section 491.005, 1181 Florida Statutes, to read: 1182 491.005Licensure by examination. 1183 (6)EXEMPTION.A person licensed as a mental health 1184 counselor in another state who is practicing under the 1185 Professional Counselors Licensure Compact pursuant to s. 1186 491.017, and only within the scope provided therein, is exempt 1187 from the licensure requirements of this section, as applicable. 1188 Section 8.Subsection (3) is added to section 491.006, 1189 Florida Statutes, to read: 1190 491.006Licensure or certification by endorsement. 1191 (3)A person licensed as a mental health counselor in 1192 another state who is practicing under the Professional 1193 Counselors Licensure Compact pursuant to s. 491.017, and only 1194 within the scope provided therein, is exempt from the licensure 1195 requirements of this section, as applicable. 1196 Section 9.Section 491.009, Florida Statutes, is amended to 1197 read: 1198 491.009Discipline. 1199 (1)The following acts constitute grounds for denial of a 1200 license or disciplinary action, as specified in s. 456.072(2) or 1201 s. 491.017: 1202 (a)Attempting to obtain, obtaining, or renewing a license, 1203 registration, or certificate under this chapter by bribery or 1204 fraudulent misrepresentation or through an error of the board or 1205 the department. 1206 (b)Having a license, registration, or certificate to 1207 practice a comparable profession revoked, suspended, or 1208 otherwise acted against, including the denial of certification 1209 or licensure by another state, territory, or country. 1210 (c)Being convicted or found guilty of, regardless of 1211 adjudication, or having entered a plea of nolo contendere to, a 1212 crime in any jurisdiction which directly relates to the practice 1213 of his or her profession or the ability to practice his or her 1214 profession. However, in the case of a plea of nolo contendere, 1215 the board shall allow the person who is the subject of the 1216 disciplinary proceeding to present evidence in mitigation 1217 relevant to the underlying charges and circumstances surrounding 1218 the plea. 1219 (d)False, deceptive, or misleading advertising or 1220 obtaining a fee or other thing of value on the representation 1221 that beneficial results from any treatment will be guaranteed. 1222 (e)Advertising, practicing, or attempting to practice 1223 under a name other than ones own. 1224 (f)Maintaining a professional association with any person 1225 who the applicant, licensee, registered intern, or 1226 certificateholder knows, or has reason to believe, is in 1227 violation of this chapter or of a rule of the department or the 1228 board. 1229 (g)Knowingly aiding, assisting, procuring, or advising any 1230 nonlicensed, nonregistered, or noncertified person to hold 1231 himself or herself out as licensed, registered, or certified 1232 under this chapter. 1233 (h)Failing to perform any statutory or legal obligation 1234 placed upon a person licensed, registered, or certified under 1235 this chapter. 1236 (i)Willfully making or filing a false report or record; 1237 failing to file a report or record required by state or federal 1238 law; willfully impeding or obstructing the filing of a report or 1239 record; or inducing another person to make or file a false 1240 report or record or to impede or obstruct the filing of a report 1241 or record. Such report or record includes only a report or 1242 record which requires the signature of a person licensed, 1243 registered, or certified under this chapter. 1244 (j)Paying a kickback, rebate, bonus, or other remuneration 1245 for receiving a patient or client, or receiving a kickback, 1246 rebate, bonus, or other remuneration for referring a patient or 1247 client to another provider of mental health care services or to 1248 a provider of health care services or goods; referring a patient 1249 or client to oneself for services on a fee-paid basis when those 1250 services are already being paid for by some other public or 1251 private entity; or entering into a reciprocal referral 1252 agreement. 1253 (k)Committing any act upon a patient or client which would 1254 constitute sexual battery or which would constitute sexual 1255 misconduct as defined pursuant to s. 491.0111. 1256 (l)Making misleading, deceptive, untrue, or fraudulent 1257 representations in the practice of any profession licensed, 1258 registered, or certified under this chapter. 1259 (m)Soliciting patients or clients personally, or through 1260 an agent, through the use of fraud, intimidation, undue 1261 influence, or a form of overreaching or vexatious conduct. 1262 (n)Failing to make available to a patient or client, upon 1263 written request, copies of tests, reports, or documents in the 1264 possession or under the control of the licensee, registered 1265 intern, or certificateholder which have been prepared for and 1266 paid for by the patient or client. 1267 (o)Failing to respond within 30 days to a written 1268 communication from the department or the board concerning any 1269 investigation by the department or the board, or failing to make 1270 available any relevant records with respect to any investigation 1271 about the licensees, registered interns, or 1272 certificateholders conduct or background. 1273 (p)Being unable to practice the profession for which he or 1274 she is licensed, registered, or certified under this chapter 1275 with reasonable skill or competence as a result of any mental or 1276 physical condition or by reason of illness; drunkenness; or 1277 excessive use of drugs, narcotics, chemicals, or any other 1278 substance. In enforcing this paragraph, upon a finding by the 1279 State Surgeon General, the State Surgeon Generals designee, or 1280 the board that probable cause exists to believe that the 1281 licensee, registered intern, or certificateholder is unable to 1282 practice the profession because of the reasons stated in this 1283 paragraph, the department shall have the authority to compel a 1284 licensee, registered intern, or certificateholder to submit to a 1285 mental or physical examination by psychologists, physicians, or 1286 other licensees under this chapter, designated by the department 1287 or board. If the licensee, registered intern, or 1288 certificateholder refuses to comply with such order, the 1289 departments order directing the examination may be enforced by 1290 filing a petition for enforcement in the circuit court in the 1291 circuit in which the licensee, registered intern, or 1292 certificateholder resides or does business. The licensee, 1293 registered intern, or certificateholder against whom the 1294 petition is filed may shall not be named or identified by 1295 initials in any public court records or documents, and the 1296 proceedings shall be closed to the public. The department shall 1297 be entitled to the summary procedure provided in s. 51.011. A 1298 licensee, registered intern, or certificateholder affected under 1299 this paragraph shall at reasonable intervals be afforded an 1300 opportunity to demonstrate that he or she can resume the 1301 competent practice for which he or she is licensed, registered, 1302 or certified with reasonable skill and safety to patients. 1303 (q)Performing any treatment or prescribing any therapy 1304 which, by the prevailing standards of the mental health 1305 professions in the community, would constitute experimentation 1306 on human subjects, without first obtaining full, informed, and 1307 written consent. 1308 (r)Failing to meet the minimum standards of performance in 1309 professional activities when measured against generally 1310 prevailing peer performance, including the undertaking of 1311 activities for which the licensee, registered intern, or 1312 certificateholder is not qualified by training or experience. 1313 (s)Delegating professional responsibilities to a person 1314 whom the licensee, registered intern, or certificateholder knows 1315 or has reason to know is not qualified by training or experience 1316 to perform such responsibilities. 1317 (t)Violating a rule relating to the regulation of the 1318 profession or a lawful order of the department or the board 1319 previously entered in a disciplinary hearing. 1320 (u)Failure of the licensee, registered intern, or 1321 certificateholder to maintain in confidence a communication made 1322 by a patient or client in the context of such services, except 1323 as provided in s. 491.0147. 1324 (v)Making public statements which are derived from test 1325 data, client contacts, or behavioral research and which identify 1326 or damage research subjects or clients. 1327 (w)Violating any provision of this chapter or chapter 456, 1328 or any rules adopted pursuant thereto. 1329 (2)(a)The board or, in the case of certified master social 1330 workers, the department may enter an order denying licensure or 1331 imposing any of the penalties authorized in s. 456.072(2) 1332 against any applicant for licensure or any licensee who violates 1333 subsection (1) or s. 456.072(1). 1334 (b)The board may take adverse action against a mental 1335 health counselors privilege to practice under the Professional 1336 Counselors Licensure Compact pursuant to s. 491.017 and may 1337 impose any of the penalties in s. 456.072(2) if the mental 1338 health counselor commits an act specified in subsection (1) or 1339 s. 456.072(1). 1340 Section 10.Paragraph (h) is added to subsection (10) of 1341 section 768.28, Florida Statutes, to read: 1342 768.28Waiver of sovereign immunity in tort actions; 1343 recovery limits; civil liability for damages caused during a 1344 riot; limitation on attorney fees; statute of limitations; 1345 exclusions; indemnification; risk management programs. 1346 (10) 1347 (h)For purposes of this section, the individual appointed 1348 under s. 491.004(8) as the states delegate on the Counseling 1349 Compact Commission, when serving in that capacity pursuant to s. 1350 491.017, and any administrator, officer, executive director, 1351 employee, or representative of the commission, when acting 1352 within the scope of his or her employment, duties, or 1353 responsibilities in this state, is considered an agent of the 1354 state. The commission shall pay any claims or judgments pursuant 1355 to this section and may maintain insurance coverage to pay any 1356 such claims or judgments. 1357 Section 11.The Department of Health shall notify the 1358 Division of Law Revision upon enactment of the Professional 1359 Counselors Licensure Compact into law by 10 states. 1360 Section 12.Effective July 1, 2022, section 491.0045, 1361 Florida Statutes, as amended by this act, is amended to read: 1362 491.0045Associate Intern registration; requirements. 1363 (1)An individual who has not satisfied the postgraduate or 1364 post-masters level experience requirements, as specified in s. 1365 491.005(1)(c), (3)(c), or (4)(c), must register as an associate 1366 intern in the profession for which he or she is seeking 1367 licensure before commencing the post-masters experience 1368 requirement or an individual who intends to satisfy part of the 1369 required graduate-level practicum, associateship internship, or 1370 field experience, outside the academic arena for any profession, 1371 and must register as an associate intern in the profession for 1372 which he or she is seeking licensure before commencing the 1373 practicum, associateship internship, or field experience. 1374 (2)The department shall register as an associate a 1375 clinical social worker intern, associate marriage and family 1376 therapist intern, or associate mental health counselor intern 1377 each applicant who the board certifies has: 1378 (a)Completed the application form and remitted a 1379 nonrefundable application fee not to exceed $200, as set by 1380 board rule; 1381 (b)1.Completed the education requirements as specified in 1382 s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which 1383 he or she is applying for licensure, if needed; and 1384 2.Submitted an acceptable supervision plan, as determined 1385 by the board, for meeting the practicum, associateship 1386 internship, or field work required for licensure that was not 1387 satisfied in his or her graduate program. 1388 (c)Identified a qualified supervisor. 1389 (3)An individual registered under this section must remain 1390 under supervision while practicing under registered associate 1391 intern status. 1392 (4)An individual who fails to comply with this section may 1393 not be granted a license under this chapter, and any time spent 1394 by the individual completing the experience requirement as 1395 specified in s. 491.005(1)(c), (3)(c), or (4)(c) before 1396 registering as an associate intern does not count toward 1397 completion of the requirement. 1398 (5)An associate intern registration is valid for 5 years. 1399 (6)A registration issued on or before March 31, 2017, 1400 expires March 31, 2022, and may not be renewed or reissued. Any 1401 registration issued after March 31, 2017, expires 60 months 1402 after the date it is issued. The board may make a one-time 1403 exception to the requirements of this subsection in emergency or 1404 hardship cases, as defined by board rule. 1405 (7)An individual who has held a provisional license issued 1406 by the board may not apply for an associate intern registration 1407 in the same profession. 1408 Section 13.Effective July 1, 2022, paragraph (c) of 1409 subsection (1), paragraph (c) of subsection (3), and paragraphs 1410 (b) and (c) of subsection (4) of section 491.005, Florida 1411 Statutes, are amended to read: 1412 491.005Licensure by examination. 1413 (1)CLINICAL SOCIAL WORK.Upon verification of 1414 documentation and payment of a fee not to exceed $200, as set by 1415 board rule, plus the actual per applicant cost to the department 1416 for purchase of the examination from the American Association of 1417 State Social Workers Boards or a similar national organization, 1418 the department shall issue a license as a clinical social worker 1419 to an applicant who the board certifies: 1420 (c)Has had at least 2 years of clinical social work 1421 experience, which took place subsequent to completion of a 1422 graduate degree in social work at an institution meeting the 1423 accreditation requirements of this section, under the 1424 supervision of a licensed clinical social worker or the 1425 equivalent who is a qualified supervisor as determined by the 1426 board. An individual who intends to practice in Florida to 1427 satisfy clinical experience requirements must register pursuant 1428 to s. 491.0045 before commencing practice. If the applicants 1429 graduate program was not a program which emphasized direct 1430 clinical patient or client health care services as described in 1431 subparagraph (b)2., the supervised experience requirement must 1432 take place after the applicant has completed a minimum of 15 1433 semester hours or 22 quarter hours of the coursework required. A 1434 doctoral associateship internship may be applied toward the 1435 clinical social work experience requirement. A licensed mental 1436 health professional must be on the premises when clinical 1437 services are provided by a registered associate intern in a 1438 private practice setting. 1439 (3)MARRIAGE AND FAMILY THERAPY.Upon verification of 1440 documentation and payment of a fee not to exceed $200, as set by 1441 board rule, plus the actual cost of the purchase of the 1442 examination from the Association of Marital and Family Therapy 1443 Regulatory Board, or similar national organization, the 1444 department shall issue a license as a marriage and family 1445 therapist to an applicant who the board certifies: 1446 (c)Has had at least 2 years of clinical experience during 1447 which 50 percent of the applicants clients were receiving 1448 marriage and family therapy services, which must be at the post 1449 masters level under the supervision of a licensed marriage and 1450 family therapist with at least 5 years of experience, or the 1451 equivalent, who is a qualified supervisor as determined by the 1452 board. An individual who intends to practice in Florida to 1453 satisfy the clinical experience requirements must register 1454 pursuant to s. 491.0045 before commencing practice. If a 1455 graduate has a masters degree with a major emphasis in marriage 1456 and family therapy or a closely related field which did not 1457 include all of the coursework required by paragraph (b), credit 1458 for the post-masters level clinical experience may not commence 1459 until the applicant has completed a minimum of 10 of the courses 1460 required by paragraph (b), as determined by the board, and at 1461 least 6 semester hours or 9 quarter hours of the course credits 1462 must have been completed in the area of marriage and family 1463 systems, theories, or techniques. Within the 2 years of required 1464 experience, the applicant shall provide direct individual, 1465 group, or family therapy and counseling to cases including those 1466 involving unmarried dyads, married couples, separating and 1467 divorcing couples, and family groups that include children. A 1468 doctoral associateship internship may be applied toward the 1469 clinical experience requirement. A licensed mental health 1470 professional must be on the premises when clinical services are 1471 provided by a registered associate intern in a private practice 1472 setting. 1473 1474 For the purposes of dual licensure, the department shall license 1475 as a marriage and family therapist any person who meets the 1476 requirements of s. 491.0057. Fees for dual licensure may not 1477 exceed those stated in this subsection. 1478 (4)MENTAL HEALTH COUNSELING.Upon verification of 1479 documentation and payment of a fee not to exceed $200, as set by 1480 board rule, plus the actual per applicant cost of purchase of 1481 the examination from the National Board for Certified Counselors 1482 or its successor organization, the department shall issue a 1483 license as a mental health counselor to an applicant who the 1484 board certifies: 1485 (b)1.Has a minimum of an earned masters degree from a 1486 mental health counseling program accredited by the Council for 1487 the Accreditation of Counseling and Related Educational Programs 1488 which consists of at least 60 semester hours or 80 quarter hours 1489 of clinical and didactic instruction, including a course in 1490 human sexuality and a course in substance abuse. If the masters 1491 degree is earned from a program related to the practice of 1492 mental health counseling which is not accredited by the Council 1493 for the Accreditation of Counseling and Related Educational 1494 Programs, then the coursework and practicum, associateship 1495 internship, or fieldwork must consist of at least 60 semester 1496 hours or 80 quarter hours and meet all of the following 1497 requirements: 1498 a.Thirty-three semester hours or 44 quarter hours of 1499 graduate coursework, which must include a minimum of 3 semester 1500 hours or 4 quarter hours of graduate-level coursework in each of 1501 the following 11 content areas: counseling theories and 1502 practice; human growth and development; diagnosis and treatment 1503 of psychopathology; human sexuality; group theories and 1504 practice; individual evaluation and assessment; career and 1505 lifestyle assessment; research and program evaluation; social 1506 and cultural foundations; substance abuse; and legal, ethical, 1507 and professional standards issues in the practice of mental 1508 health counseling. Courses in research, thesis or dissertation 1509 work, practicums, associateships internships, or fieldwork may 1510 not be applied toward this requirement. 1511 b.A minimum of 3 semester hours or 4 quarter hours of 1512 graduate-level coursework addressing diagnostic processes, 1513 including differential diagnosis and the use of the current 1514 diagnostic tools, such as the current edition of the American 1515 Psychiatric Associations Diagnostic and Statistical Manual of 1516 Mental Disorders. The graduate program must have emphasized the 1517 common core curricular experience. 1518 c.The equivalent, as determined by the board, of at least 1519 700 hours of university-sponsored supervised clinical practicum, 1520 associateship internship, or field experience that includes at 1521 least 280 hours of direct client services, as required in the 1522 accrediting standards of the Council for Accreditation of 1523 Counseling and Related Educational Programs for mental health 1524 counseling programs. This experience may not be used to satisfy 1525 the post-masters clinical experience requirement. 1526 2.Has provided additional documentation if a course title 1527 that appears on the applicants transcript does not clearly 1528 identify the content of the coursework. The documentation must 1529 include, but is not limited to, a syllabus or catalog 1530 description published for the course. 1531 1532 Education and training in mental health counseling must have 1533 been received in an institution of higher education that, at the 1534 time the applicant graduated, was fully accredited by a regional 1535 accrediting body recognized by the Council for Higher Education 1536 Accreditation or its successor organization or publicly 1537 recognized as a member in good standing with the Association of 1538 Universities and Colleges of Canada, or an institution of higher 1539 education located outside the United States and Canada which, at 1540 the time the applicant was enrolled and at the time the 1541 applicant graduated, maintained a standard of training 1542 substantially equivalent to the standards of training of those 1543 institutions in the United States which are accredited by a 1544 regional accrediting body recognized by the Council for Higher 1545 Education Accreditation or its successor organization. Such 1546 foreign education and training must have been received in an 1547 institution or program of higher education officially recognized 1548 by the government of the country in which it is located as an 1549 institution or program to train students to practice as mental 1550 health counselors. The applicant has the burden of establishing 1551 that the requirements of this provision have been met, and the 1552 board shall require documentation, such as an evaluation by a 1553 foreign equivalency determination service, as evidence that the 1554 applicants graduate degree program and education were 1555 equivalent to an accredited program in this country. Beginning 1556 July 1, 2025, an applicant must have a masters degree from a 1557 program that is accredited by the Council for Accreditation of 1558 Counseling and Related Educational Programs which consists of at 1559 least 60 semester hours or 80 quarter hours to apply for 1560 licensure under this paragraph. 1561 (c)Has had at least 2 years of clinical experience in 1562 mental health counseling, which must be at the post-masters 1563 level under the supervision of a licensed mental health 1564 counselor or the equivalent who is a qualified supervisor as 1565 determined by the board. An individual who intends to practice 1566 in Florida to satisfy the clinical experience requirements must 1567 register pursuant to s. 491.0045 before commencing practice. If 1568 a graduate has a masters degree with a major related to the 1569 practice of mental health counseling which did not include all 1570 the coursework required under sub-subparagraphs (b)1.a. and b., 1571 credit for the post-masters level clinical experience may not 1572 commence until the applicant has completed a minimum of seven of 1573 the courses required under sub-subparagraphs (b)1.a. and b., as 1574 determined by the board, one of which must be a course in 1575 psychopathology or abnormal psychology. A doctoral associateship 1576 internship may be applied toward the clinical experience 1577 requirement. A licensed mental health professional must be on 1578 the premises when clinical services are provided by a registered 1579 associate intern in a private practice setting. 1580 Section 14.Effective July 1, 2022, paragraphs (f), (n), 1581 (o), (p), (r), (s), and (u) of subsection (1) of section 1582 491.009, Florida Statutes, are amended to read: 1583 491.009Discipline. 1584 (1)The following acts constitute grounds for denial of a 1585 license or disciplinary action, as specified in s. 456.072(2): 1586 (f)Maintaining a professional association with any person 1587 who the applicant, licensee, registered associate intern, or 1588 certificateholder knows, or has reason to believe, is in 1589 violation of this chapter or of a rule of the department or the 1590 board. 1591 (n)Failing to make available to a patient or client, upon 1592 written request, copies of tests, reports, or documents in the 1593 possession or under the control of the licensee, registered 1594 associate intern, or certificateholder which have been prepared 1595 for and paid for by the patient or client. 1596 (o)Failing to respond within 30 days to a written 1597 communication from the department or the board concerning any 1598 investigation by the department or the board, or failing to make 1599 available any relevant records with respect to any investigation 1600 about the licensees, registered associates interns, or 1601 certificateholders conduct or background. 1602 (p)Being unable to practice the profession for which he or 1603 she is licensed, registered, or certified under this chapter 1604 with reasonable skill or competence as a result of any mental or 1605 physical condition or by reason of illness; drunkenness; or 1606 excessive use of drugs, narcotics, chemicals, or any other 1607 substance. In enforcing this paragraph, upon a finding by the 1608 State Surgeon General, the State Surgeon Generals designee, or 1609 the board that probable cause exists to believe that the 1610 licensee, registered associate intern, or certificateholder is 1611 unable to practice the profession because of the reasons stated 1612 in this paragraph, the department shall have the authority to 1613 compel a licensee, registered associate intern, or 1614 certificateholder to submit to a mental or physical examination 1615 by psychologists, physicians, or other licensees under this 1616 chapter, designated by the department or board. If the licensee, 1617 registered associate intern, or certificateholder refuses to 1618 comply with such order, the departments order directing the 1619 examination may be enforced by filing a petition for enforcement 1620 in the circuit court in the circuit in which the licensee, 1621 registered associate intern, or certificateholder resides or 1622 does business. The licensee, registered associate intern, or 1623 certificateholder against whom the petition is filed may shall 1624 not be named or identified by initials in any public court 1625 records or documents, and the proceedings must shall be closed 1626 to the public. The department is shall be entitled to the 1627 summary procedure provided in s. 51.011. A licensee, registered 1628 associate intern, or certificateholder affected under this 1629 paragraph shall at reasonable intervals be afforded an 1630 opportunity to demonstrate that he or she can resume the 1631 competent practice for which he or she is licensed, registered, 1632 or certified with reasonable skill and safety to patients. 1633 (r)Failing to meet the minimum standards of performance in 1634 professional activities when measured against generally 1635 prevailing peer performance, including the undertaking of 1636 activities for which the licensee, registered associate intern, 1637 or certificateholder is not qualified by training or experience. 1638 (s)Delegating professional responsibilities to a person 1639 whom the licensee, registered associate intern, or 1640 certificateholder knows or has reason to know is not qualified 1641 by training or experience to perform such responsibilities. 1642 (u)Failure of the licensee, registered associate intern, 1643 or certificateholder to maintain in confidence a communication 1644 made by a patient or client in the context of such services, 1645 except as provided in s. 491.0147. 1646 Section 15.Effective July 1, 2022, paragraphs (i), (j), 1647 (k), and (l) of subsection (1) of section 491.012, Florida 1648 Statutes, are amended to read: 1649 491.012Violations; penalty; injunction. 1650 (1)It is unlawful and a violation of this chapter for any 1651 person to: 1652 (i)Practice clinical social work in this state for 1653 compensation, unless the person holds a valid, active license to 1654 practice clinical social work issued pursuant to this chapter or 1655 is an associate intern registered pursuant to s. 491.0045. 1656 (j)Practice marriage and family therapy in this state for 1657 compensation, unless the person holds a valid, active license to 1658 practice marriage and family therapy issued pursuant to this 1659 chapter or is an associate intern registered pursuant to s. 1660 491.0045. 1661 (k)Practice mental health counseling in this state for 1662 compensation, unless the person holds a valid, active license to 1663 practice mental health counseling issued pursuant to this 1664 chapter or is an associate intern registered pursuant to s. 1665 491.0045. 1666 (l)Use the following titles or any combination thereof, 1667 unless he or she holds a valid registration as an associate 1668 intern issued pursuant to this chapter: 1669 1.Registered associate clinical social worker intern. 1670 2.Registered associate marriage and family therapist 1671 intern. 1672 3.Registered associate mental health counselor intern. 1673 Section 16.Effective July 1, 2022, paragraph (c) of 1674 subsection (4) of section 491.014, Florida Statutes, is amended 1675 to read: 1676 491.014Exemptions. 1677 (4)No person shall be required to be licensed, 1678 provisionally licensed, registered, or certified under this 1679 chapter who: 1680 (c)Is a student providing services regulated under this 1681 chapter who is pursuing a course of study which leads to a 1682 degree in a profession regulated by this chapter, is providing 1683 services in a training setting, provided such services and 1684 associated activities constitute part of a supervised course of 1685 study, and is designated by the title student associate 1686 intern. 1687 Section 17.Effective July 1, 2022, subsection (3) of 1688 section 491.0145, Florida Statutes, is amended to read: 1689 491.0145Certified master social worker.The department may 1690 certify an applicant for a designation as a certified master 1691 social worker upon the following conditions: 1692 (3)The applicant has had at least 3 years experience, as 1693 defined by rule, including, but not limited to, clinical 1694 services or administrative activities as defined in subsection 1695 (2), 2 years of which must be at the post-masters level under 1696 the supervision of a person who meets the education and 1697 experience requirements for certification as a certified master 1698 social worker, as defined by rule, or licensure as a clinical 1699 social worker under this chapter. A doctoral associateship 1700 internship may be applied toward the supervision requirement. 1701 Section 18.Effective July 1, 2022, subsection (2) of 1702 section 491.0149, Florida Statutes, is amended to read: 1703 491.0149Display of license; use of professional title on 1704 promotional materials. 1705 (2)(a)A person registered under this chapter as an 1706 associate a clinical social worker intern, associate marriage 1707 and family therapist intern, or associate mental health 1708 counselor intern shall conspicuously display the valid 1709 registration issued by the department or a true copy thereof at 1710 each location at which the registered associate intern is 1711 completing the experience requirements. 1712 (b)A registered associate clinical social worker intern 1713 shall include the words registered associate clinical social 1714 worker intern, a registered associate marriage and family 1715 therapist intern shall include the words registered associate 1716 marriage and family therapist intern, and a registered 1717 associate mental health counselor intern shall include the words 1718 registered associate mental health counselor intern on all 1719 promotional materials, including cards, brochures, stationery, 1720 advertisements, and signs, naming the registered associate 1721 intern. 1722 Section 19.Except as otherwise expressly provided in this 1723 act and except for this section, which shall take effect upon 1724 this act becoming a law, this act shall take effect upon 1725 enactment of the Professional Counselors Licensure Compact into 1726 law by 10 states.