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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to mental health professionals; 2
amending s. 491.003, F.S.; revising definitions; 3
amending s. 491.0045, F.S.; reclassifying intern 4
registrations as associate registrations for the 5
professions of clinical social work, marriage and 6
family therapy, and mental health counseling; amending 7
s. 491.005, F.S.; deleting the requirement that a 8
licensed mental health professional be present on the 9
premises when registered associates, formerly 10
classified as registered interns, are providing 11
clinical services in a private practice setting; 12
amending ss. 491.007, 491.009, 491.012, 491.014, and 13
491.0149, F.S.; conforming provisions to changes made 14
by the act; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Subsections (15), (16), and (17) of section 19
491.003, Florida Statutes, are amended to read: 20
491.003 Definitions. —As used in this chapter: 21
(15) "Registered associate clinical social worker intern" 22
means a person registered under this chapter who is completing 23
the postgraduate clinical social work experience requirement 24
specified in s. 491.005(1)(c). 25
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(16) "Registered associate marriage and family therap ist 26
intern" means a person registered under this chapter who is 27
completing the post-master's clinical experience requirement 28
specified in s. 491.005(3)(c). 29
(17) "Registered associate mental health counselor intern" 30
means a person registered under this ch apter who is completing 31
the post-master's clinical experience requirement specified in 32
s. 491.005(4)(c). 33
Section 2. Section 491.0045, Florida Statutes, is amended 34
to read: 35
491.0045 Associate Intern registration; requirements. — 36
(1) An individual who has not satisfied the postgraduate 37
or post-master's level experience requirements, as specified in 38
s. 491.005(1)(c), (3)(c), or (4)(c), must register as an 39
associate intern in the profession for which he or she is 40
seeking full licensure before commencing the post-master's 41
experience requirement or an individual who intends to satisfy 42
part of the required graduate -level practicum, internship, or 43
field experience, outside the academic arena for any profession, 44
and must register as an associate intern in the profession for 45
which he or she is seeking full licensure before commencing the 46
practicum, internship, or field experience. 47
(2) The department shall register as an associate a 48
clinical social worker intern, an associate marriage and family 49
therapist intern, or an associate mental health counselor intern 50
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each applicant whom who the board certifies has: 51
(a) Completed the application form and remitted a 52
nonrefundable application fee not to exceed $200, as set by 53
board rule; 54
(b)1. Completed the education r equirements as specified in 55
s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which 56
he or she is applying for licensure, if needed; and 57
2. Submitted an acceptable supervision plan, as determined 58
by the board, for meeting the practicum, internshi p, or field 59
work required for licensure that was not satisfied in his or her 60
graduate program. 61
(c) Identified a qualified supervisor. 62
(3) An individual registered under this section must 63
remain under supervision while practicing under registered 64
associate intern status. 65
(4) An individual who fails to comply with this section 66
may not be granted a full license under this chapter, and any 67
time spent by the individual completing the experience 68
requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c) 69
before registering as an associate intern does not count toward 70
completion of the requirement. 71
(5) An associate intern registration is valid for 5 years. 72
(6) Any registration issued after March 31, 2017, expires 73
60 months after the date it is i ssued. The board may make a one -74
time exception to the requirements of this subsection in 75
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emergency or hardship cases, as defined by board rule, if the 76
candidate has passed the theory and practice examination 77
described in s. 491.005(1)(d), (3)(d), and (4)(d ). 78
(7) An individual who has held a provisional license 79
issued by the board may not apply for an associate intern 80
registration in the same profession. 81
Section 3. Paragraph (c) of subsection (1), paragraph (c) 82
of subsection (3), and paragraphs (b) and (c) of subsection (4) 83
of section 491.005, Florida Statutes, are amended to read: 84
491.005 Licensure by examination. — 85
(1) CLINICAL SOCIAL WORK. —Upon verification of 86
documentation and payment of a fee not to exceed $200, as set by 87
board rule, the departm ent shall issue a license as a clinical 88
social worker to an applicant whom the board certifies has met 89
all of the following criteria: 90
(c) Completed at least 2 years of clinical social work 91
experience, which took place subsequent to completion of a 92
graduate degree in social work at an institution meeting the 93
accreditation requirements of this section, under the 94
supervision of a licensed clinical social worker or the 95
equivalent who is a qualified supervisor as determined by the 96
board. An individual who inte nds to practice in Florida to 97
satisfy clinical experience requirements must register pursuant 98
to s. 491.0045 before commencing practice. If the applicant's 99
graduate program was not a program which emphasized direct 100
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clinical patient or client health care se rvices as described in 101
subparagraph (b)2., the supervised experience requirement must 102
take place after the applicant has completed a minimum of 15 103
semester hours or 22 quarter hours of the coursework required. A 104
doctoral internship may be applied toward th e clinical social 105
work experience requirement. A licensed mental health 106
professional must be on the premises when clinical services are 107
provided by a registered intern in a private practice setting. 108
(3) MARRIAGE AND FAMILY THERAPY. —Upon verification of 109
documentation and payment of a fee not to exceed $200, as set by 110
board rule, the department shall issue a license as a marriage 111
and family therapist to an applicant whom the board certifies 112
has met all of the following criteria: 113
(c) Completed at least 2 y ears of clinical experience 114
during which 50 percent of the applicant's clients were 115
receiving marriage and family therapy services, which must be at 116
the post-master's level under the supervision of a licensed 117
marriage and family therapist with at least 5 y ears of 118
experience, or the equivalent, who is a qualified supervisor as 119
determined by the board. An individual who intends to practice 120
in Florida to satisfy the clinical experience requirements must 121
register pursuant to s. 491.0045 before commencing practi ce. If 122
a graduate has a master's degree with a major emphasis in 123
marriage and family therapy or a closely related field which did 124
not include all of the coursework required by paragraph (b), 125
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credit for the post-master's level clinical experience may not 126
commence until the applicant has completed a minimum of 10 of 127
the courses required by paragraph (b), as determined by the 128
board, and at least 6 semester hours or 9 quarter hours of the 129
course credits must have been completed in the area of marriage 130
and family systems, theories, or techniques. Within the 2 years 131
of required experience, the applicant must shall provide direct 132
individual, group, or family therapy and counseling to cases 133
including those involving unmarried dyads, married couples, 134
separating and divorcing couples, and family groups that include 135
children. A doctoral internship may be applied toward the 136
clinical experience requirement. A licensed mental health 137
professional must be on the premises when clinical services are 138
provided by a registered intern in a private practice setting. 139
140
For the purposes of dual licensure, the department shall license 141
as a marriage and family therapist any person who meets the 142
requirements of s. 491.0057. Fees for dual licensure may not 143
exceed those stated in this subsection. 144
(4) MENTAL HEALTH COUNSELING. —Upon verification of 145
documentation and payment of a fee not to e xceed $200, as set by 146
board rule, the department shall issue a license as a mental 147
health counselor to an applicant whom the board certifies has 148
met all of the following criteria: 149
(b)1. Attained a minimum of an earned master's degree from 150
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a mental health counseling program accredited by the Council for 151
the Accreditation of Counseling and Related Educational Programs 152
which consists of at least 60 semester hours or 80 quarter hours 153
of clinical and didactic instruction, including a course in 154
human sexuality and a course in substance abuse. If the master's 155
degree is earned from a program related to the practice of 156
mental health counseling which is not accredited by the Council 157
for the Accreditation of Counseling and Related Educational 158
Programs, then the coursework and practicum, internship, or 159
fieldwork must consist of at least 60 semester hours or 80 160
quarter hours and meet all of the following requirements: 161
a. Thirty-three semester hours or 44 quarter hours of 162
graduate coursework, which must include a minim um of 3 semester 163
hours or 4 quarter hours of graduate -level coursework in each of 164
the following 11 content areas: counseling theories and 165
practice; human growth and development; diagnosis and treatment 166
of psychopathology; human sexuality; group theories an d 167
practice; individual evaluation and assessment; career and 168
lifestyle assessment; research and program evaluation; social 169
and cultural foundations; substance abuse; and legal, ethical, 170
and professional standards issues in the practice of mental 171
health counseling. Courses in research, thesis or dissertation 172
work, practicums, internships, or fieldwork may not be applied 173
toward this requirement. 174
b. A minimum of 3 semester hours or 4 quarter hours of 175
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graduate-level coursework addressing diagnostic processes, 176
including differential diagnosis and the use of the current 177
diagnostic tools, such as the current edition of the American 178
Psychiatric Association's Diagnostic and Statistical Manual of 179
Mental Disorders. The graduate program must have emphasized the 180
common core curricular experience. 181
c. The equivalent, as determined by the board, of at least 182
700 hours of university -sponsored supervised clinical practicum, 183
internship, or field experience that includes at least 280 hours 184
of direct client services, as requir ed in the accrediting 185
standards of the Council for Accreditation of Counseling and 186
Related Educational Programs for mental health counseling 187
programs. This experience may not be used to satisfy the post -188
master's clinical experience requirement. 189
2. Provided additional documentation if a course title 190
that appears on the applicant's transcript does not clearly 191
identify the content of the coursework. The documentation must 192
include, but is not limited to, a syllabus or catalog 193
description published for the cou rse. 194
195
Education and training in mental health counseling must have 196
been received in an institution of higher education that, at the 197
time the applicant graduated, was fully accredited by an 198
institutional accrediting body recognized by the Council for 199
Higher Education Accreditation or its successor organization or 200
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was a member in good standing with Universities Canada, or an 201
institution of higher education located outside the United 202
States and Canada which, at the time the applicant was enrolled 203
and at the time the applicant graduated, maintained a standard 204
of training substantially equivalent to the standards of 205
training of those institutions in the United States which are 206
accredited by an institutional accrediting body recognized by 207
the Council for Higher Ed ucation Accreditation or its successor 208
organization. Such foreign education and training must have been 209
received in an institution or program of higher education 210
officially recognized by the government of the country in which 211
it is located as an institutio n or program to train students to 212
practice as mental health counselors. The applicant has the 213
burden of establishing that the requirements of this provision 214
have been met, and the board shall require documentation, such 215
as an evaluation by a foreign equiva lency determination service, 216
as evidence that the applicant's graduate degree program and 217
education were equivalent to an accredited program in this 218
country. Beginning July 1, 2025, an applicant must have a 219
master's degree from a program that is accredited by the Council 220
for Accreditation of Counseling and Related Educational 221
Programs, the Masters in Psychology and Counseling Accreditation 222
Council, or an equivalent accrediting body which consists of at 223
least 60 semester hours or 80 quarter hours to apply fo r 224
licensure under this paragraph. 225
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(c) Completed at least 2 years of clinical experience in 226
mental health counseling, which must be at the post -master's 227
level under the supervision of a licensed mental health 228
counselor or the equivalent who is a qualified supervisor as 229
determined by the board. An individual who intends to practice 230
in Florida to satisfy the clinical experience requirements must 231
register pursuant to s. 491.0045 before commencing practice. If 232
a graduate has a master's degree with a major rela ted to the 233
practice of mental health counseling which did not include all 234
the coursework required under sub -subparagraphs (b)1.a. and b., 235
credit for the post-master's level clinical experience may not 236
commence until the applicant has completed a minimum of seven of 237
the courses required under sub -subparagraphs (b)1.a. and b., as 238
determined by the board, one of which must be a course in 239
psychopathology or abnormal psychology. A doctoral internship 240
may be applied toward the clinical experience requirement. A 241
licensed mental health professional must be on the premises when 242
clinical services are provided by a registered intern in a 243
private practice setting. 244
Section 4. Section 491.007, Florida Statutes, is amended 245
to read: 246
491.007 Renewal of license, registr ation, or certificate. — 247
(1) The board or department shall prescribe by rule a 248
method for the biennial renewal of licenses or certificates at a 249
fee set by rule, not to exceed $250. 250
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(2) Each applicant for renewal must shall present 251
satisfactory evidence that, in the period since the license or 252
certificate was issued, the applicant has completed continuing 253
education requirements set by rule of the board or department. 254
No Not more than 25 classroom hours of continuing education per 255
year may shall be required. A certified master social worker is 256
exempt from the continuing education requirements for the first 257
renewal of the certificate. 258
Section 5. Paragraphs (f), (n), (o), (p), (r), (s), and 259
(u) of subsection (1) of section 491.009, Florida Statutes, are 260
amended to read: 261
491.009 Discipline. — 262
(1) The following acts constitute grounds for denial of a 263
license or disciplinary action, as specified in s. 456.072(2) or 264
s. 491.017: 265
(f) Maintaining a professional association with any person 266
who the applicant, licensee, registered associate intern, or 267
certificateholder knows, or has reason to believe, is in 268
violation of this chapter or of a rule of the department or the 269
board. 270
(n) Failing to make available to a patient or client, upon 271
written request, copies of tests, reports, or documents in the 272
possession or under the control of the licensee, registered 273
associate intern, or certificateholder which have been prepared 274
for and paid for by the patient or client. 275
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(o) Failing to respond within 30 days to a written 276
communication from the department or the board concerning any 277
investigation by the department or the board, or failing to make 278
available any relevant records with respect to a ny investigation 279
about the licensee's, registered associate's intern's, or 280
certificateholder's conduct or background. 281
(p) Being unable to practice the profession for which he 282
or she is licensed, registered, or certified under this chapter 283
with reasonable skill or competence as a result of any mental or 284
physical condition or by reason of illness; drunkenness; or 285
excessive use of drugs, narcotics, chemicals, or any other 286
substance. In enforcing this paragraph, upon a finding by the 287
State Surgeon General, th e State Surgeon General's designee, or 288
the board that probable cause exists to believe that the 289
licensee, registered associate intern, or certificateholder is 290
unable to practice the profession because of the reasons stated 291
in this paragraph, the department shall have the authority to 292
compel a licensee, registered associate intern, or 293
certificateholder to submit to a mental or physical examination 294
by psychologists, physicians, or other licensees under this 295
chapter, designated by the department or board. If t he licensee, 296
registered associate intern, or certificateholder refuses to 297
comply with such order, the department's order directing the 298
examination may be enforced by filing a petition for enforcement 299
in the circuit court in the circuit in which the license e, 300
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registered associate intern, or certificateholder resides or 301
does business. The licensee, registered associate intern, or 302
certificateholder against whom the petition is filed may not be 303
named or identified by initials in any public court records or 304
documents, and the proceedings must shall be closed to the 305
public. The department is shall be entitled to the summary 306
procedure provided in s. 51.011. A licensee, registered 307
associate intern, or certificateholder affected under this 308
paragraph must, shall at reasonable intervals, be afforded an 309
opportunity to demonstrate that he or she can resume the 310
competent practice for which he or she is licensed, registered, 311
or certified with reasonable skill and safety to patients. 312
(r) Failing to meet the minimum standar ds of performance 313
in professional activities when measured against generally 314
prevailing peer performance, including the undertaking of 315
activities for which the licensee, registered associate intern, 316
or certificateholder is not qualified by training or expe rience. 317
(s) Delegating professional responsibilities to a person 318
who the licensee, registered associate intern, or 319
certificateholder knows or has reason to know is not qualified 320
by training or experience to perform such responsibilities. 321
(u) Failure of the licensee, registered associate intern, 322
or certificateholder to maintain in confidence a communication 323
made by a patient or client in the context of such services, 324
except as provided in s. 491.0147. 325
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Section 6. Paragraphs (i) through (l) of subsecti on (1) of 326
section 491.012, Florida Statutes, are amended to read: 327
491.012 Violations; penalty; injunction. — 328
(1) It is unlawful and a violation of this chapter for any 329
person to: 330
(i) Practice clinical social work in this state for 331
compensation, unless the person holds a valid, active license to 332
practice clinical social work issued under pursuant to this 333
chapter or is an associate intern registered pursuant to s. 334
491.0045. 335
(j) Practice marriage and family therapy in this state for 336
compensation, unless the person holds a valid, active license to 337
practice marriage and family therapy issued under pursuant to 338
this chapter or is an associate intern registered pursuant to s. 339
491.0045. 340
(k) Practice mental health counseling in this state for 341
compensation, unless the person holds a valid, active license to 342
practice mental health counseling issued under pursuant to this 343
chapter or is an associate intern registered pursuant to s. 344
491.0045. 345
(l) Use the following titles or any combination thereof, 346
unless he or she holds a valid registration as an associate 347
intern issued under pursuant to this chapter: 348
1. "Registered associate clinical social worker intern." 349
2. "Registered associate marriage and family therapist 350
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intern." 351
3. "Registered associate mental health counselor intern." 352
Section 7. Paragraph (c) of subsection (4) of section 353
491.014, Florida Statutes, is amended to read: 354
(4) No person shall be required to be licensed, 355
provisionally licensed, registered, or certified under this 356
chapter who: 357
(c) Is a student providing services regulated under this 358
chapter who is pursuing a course of study which leads to a 359
degree in a profession regulated by this chapter, is providing 360
services in a training setting, provided such services and 361
associated activities constitute part of a supervised course of 362
study, and is designated by the title "student associate 363
intern." 364
Section 8. Subsection (2) of section 491.0149, Florida 365
Statutes, is amended to read: 366
491.0149 Display of license; use of professional title on 367
promotional materials. — 368
(2)(a) A person registered under this chapter as an 369
associate a clinical social worker intern, an associate marriage 370
and family therapist intern, or an associate mental health 371
counselor intern shall conspicuously display the valid 372
registration issued by the department or a true copy thereof at 373
each location at which the registered associate intern is 374
completing the experience requirements. 375
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(b) A registered associate clinical social worker intern 376
shall include the words "registered associate clinical social 377
worker intern," a registered associate marriage and family 378
therapist intern shall include the words "registered associate 379
marriage and family therap ist intern," and a registered 380
associate mental health counselor intern shall include the words 381
"registered associate mental health counselor intern" on all 382
promotional materials, including cards, brochures, stationery, 383
advertisements, and signs, naming the registered associate 384
intern. 385
Section 9. This act shall take effect July 1, 2024. 386