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| 10 | 10 | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S | |
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| 12 | 12 | ||
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| 14 | 14 | A bill to be entitled 1 | |
| 15 | 15 | An act relating to mental health professionals; 2 | |
| 16 | 16 | amending s. 491.003, F.S.; revising definitions; 3 | |
| 17 | 17 | amending s. 491.0045, F.S.; reclassifying intern 4 | |
| 18 | - | registrations as associate | |
| 18 | + | registrations as associate licenses for the 5 | |
| 19 | 19 | professions of clinical social work, marriage and 6 | |
| 20 | 20 | family therapy, and mental health counseling; amending 7 | |
| 21 | - | s. 491.005, F.S.; | |
| 22 | - | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | clinical services | |
| 26 | - | amending ss. 491.007, | |
| 27 | - | 491.0149, F.S.; | |
| 28 | - | by the act; | |
| 29 | - | ||
| 30 | - | ||
| 21 | + | s. 491.005, F.S.; conforming provisions to changes 8 | |
| 22 | + | made by the act; deleting the requirement that a 9 | |
| 23 | + | licensed mental healt h professional be present on the 10 | |
| 24 | + | premises when associate licensees, formerly classified 11 | |
| 25 | + | as registered interns, are providing clinical services 12 | |
| 26 | + | in a private practice setting; amending ss. 491.007, 13 | |
| 27 | + | 491.009, 491.012, 491.014, and 491.0149, F.S.; 14 | |
| 28 | + | conforming provisions to changes made by the act; 15 | |
| 29 | + | amending s. 414.065, F.S.; conforming a cross -16 | |
| 30 | + | reference; providing an effective date. 17 | |
| 31 | 31 | 18 | |
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| 35 | - | ( | |
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| 32 | + | Be It Enacted by the Legislature of the State of Florida: 19 | |
| 33 | + | 20 | |
| 34 | + | Section 1. Present subsections (5) through (14) and (15), 21 | |
| 35 | + | (16), and (17) of section 491.003, Florida Statutes, are 22 | |
| 36 | + | redesignated as subsections (8) through (17) and (5), (6), and 23 | |
| 37 | + | (7), respectively, and paragraph (c) of present subsection (8), 24 | |
| 38 | + | paragraph (c) of present subsection (9), paragraph (c) of 25 | |
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| 51 | - | (16) | |
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| 51 | + | present subsection (1 0), and present subsections (15), (16), and 26 | |
| 52 | + | (17) of that section are amended, to read: 27 | |
| 53 | + | 491.003 Definitions. —As used in this chapter: 28 | |
| 54 | + | (11)(8) The "practice of clinical social work" is defined 29 | |
| 55 | + | as the use of scientific and applied knowledge, theories, and 30 | |
| 56 | + | methods for the purpose of describing, preventing, evaluating, 31 | |
| 57 | + | and treating individual, couple, marital, family, or group 32 | |
| 58 | + | behavior, based on the person -in-situation perspective of 33 | |
| 59 | + | psychosocial development, normal and abnormal behavior, 34 | |
| 60 | + | psychopathology, unconscious motivation, interpersonal 35 | |
| 61 | + | relationships, environmental stress, differential assessment, 36 | |
| 62 | + | differential planning, and data gathering. The purpose of such 37 | |
| 63 | + | services is the prevention and treatment of undesired behavior 38 | |
| 64 | + | and enhancement of mental health . The practice of clinical 39 | |
| 65 | + | social work includes methods of a psychological nature used to 40 | |
| 66 | + | evaluate, assess, diagnose, treat, and prevent emotional and 41 | |
| 67 | + | mental disorders and dysfunctions (whether cognitive, affective, 42 | |
| 68 | + | or behavioral), sexual dysfunction, beha vioral disorders, 43 | |
| 69 | + | alcoholism, and substance abuse. The practice of clinical social 44 | |
| 70 | + | work includes, but is not limited to, psychotherapy, 45 | |
| 71 | + | hypnotherapy, and sex therapy. The practice of clinical social 46 | |
| 72 | + | work also includes counseling, behavior modification, 47 | |
| 73 | + | consultation, client-centered advocacy, crisis intervention, and 48 | |
| 74 | + | the provision of needed information and education to clients, 49 | |
| 75 | + | when using methods of a psychological nature to evaluate, 50 | |
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| 88 | + | assess, diagnose, treat, and prevent emotional and mental 51 | |
| 89 | + | disorders and dysfunctions (whether cognitive, affective, or 52 | |
| 90 | + | behavioral), sexual dysfunction, behavioral disorders, 53 | |
| 91 | + | alcoholism, or substance abuse. The practice of clinical social 54 | |
| 92 | + | work may also include clinical research into more effective 55 | |
| 93 | + | psychotherapeutic modalities for the treatment and prevention of 56 | |
| 94 | + | such conditions. 57 | |
| 95 | + | (c) The terms "diagnose" and "treat," as used in this 58 | |
| 96 | + | chapter, when considered in isolation or in conjunction with the 59 | |
| 97 | + | rules of the board, may not be construed to permit the 60 | |
| 98 | + | performance of any act which c linical social workers are not 61 | |
| 99 | + | educated and trained to perform, including, but not limited to, 62 | |
| 100 | + | admitting persons to hospitals for treatment of the foregoing 63 | |
| 101 | + | conditions, treating persons in hospitals without medical 64 | |
| 102 | + | supervision, prescribing medicinal drugs as defined in chapter 65 | |
| 103 | + | 465, authorizing clinical laboratory procedures, or radiological 66 | |
| 104 | + | procedures, or use of electroconvulsive therapy. In addition, 67 | |
| 105 | + | this definition may not be construed to permit any person 68 | |
| 106 | + | licensed, provisionally licensed, registered, or certified 69 | |
| 107 | + | pursuant to this chapter to describe or label any test, report, 70 | |
| 108 | + | or procedure as "psychological," except to relate specifically 71 | |
| 109 | + | to the definition of practice authorized in this subsection. 72 | |
| 110 | + | (12)(9) The term "practice of marriage and family therap y" 73 | |
| 111 | + | means the use of scientific and applied marriage and family 74 | |
| 112 | + | theories, methods, and procedures for the purpose of describing, 75 | |
| 113 | 113 | ||
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| 125 | + | evaluating, and modifying marital, family, and individual 76 | |
| 126 | + | behavior, within the context of marital and family systems, 77 | |
| 127 | + | including the context of marital formation and dissolution, and 78 | |
| 128 | + | is based on marriage and family systems theory, marriage and 79 | |
| 129 | + | family development, human development, normal and abnormal 80 | |
| 130 | + | behavior, psychopathology, human sexuality, and 81 | |
| 131 | + | psychotherapeutic and marriage and family therapy theories and 82 | |
| 132 | + | techniques. The practice of marriage and family therapy includes 83 | |
| 133 | + | methods of a psychological nature used to evaluate, assess, 84 | |
| 134 | + | diagnose, treat, and prevent emotional and mental disorders or 85 | |
| 135 | + | dysfunctions (whether cognitive, affect ive, or behavioral), 86 | |
| 136 | + | sexual dysfunction, behavioral disorders, alcoholism, and 87 | |
| 137 | + | substance abuse. The practice of marriage and family therapy 88 | |
| 138 | + | includes, but is not limited to, marriage and family therapy, 89 | |
| 139 | + | psychotherapy, including behavioral family therapy, 90 | |
| 140 | + | hypnotherapy, and sex therapy. The practice of marriage and 91 | |
| 141 | + | family therapy also includes counseling, behavior modification, 92 | |
| 142 | + | consultation, client -centered advocacy, crisis intervention, and 93 | |
| 143 | + | the provision of needed information and education to clients, 94 | |
| 144 | + | when using methods of a psychological nature to evaluate, 95 | |
| 145 | + | assess, diagnose, treat, and prevent emotional and mental 96 | |
| 146 | + | disorders and dysfunctions (whether cognitive, affective, or 97 | |
| 147 | + | behavioral), sexual dysfunction, behavioral disorders, 98 | |
| 148 | + | alcoholism, or substance abuse. The practice of marriage and 99 | |
| 149 | + | family therapy may also include clinical research into more 100 | |
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| 162 | + | effective psychotherapeutic modalities for the treatment and 101 | |
| 163 | + | prevention of such conditions. 102 | |
| 164 | + | (c) The terms "diagnose" and "treat," as used in this 103 | |
| 165 | + | chapter, when considered in isolation or in conjunction with the 104 | |
| 166 | + | rules of the board, may not be construed to permit the 105 | |
| 167 | + | performance of any act that marriage and family therapists are 106 | |
| 168 | + | not educated and trained to perform, including, but not limited 107 | |
| 169 | + | to, admitting persons to ho spitals for treatment of the 108 | |
| 170 | + | foregoing conditions, treating persons in hospitals without 109 | |
| 171 | + | medical supervision, prescribing medicinal drugs as defined in 110 | |
| 172 | + | chapter 465, authorizing clinical laboratory procedures or 111 | |
| 173 | + | radiological procedures or the use of electro convulsive therapy. 112 | |
| 174 | + | In addition, this definition may not be construed to permit any 113 | |
| 175 | + | person licensed, provisionally licensed, registered, or 114 | |
| 176 | + | certified pursuant to this chapter to describe or label any 115 | |
| 177 | + | test, report, or procedure as "psychological," except to relate 116 | |
| 178 | + | specifically to the definition of practice authorized in this 117 | |
| 179 | + | subsection. 118 | |
| 180 | + | (13)(10) The term "practice of mental health counseling" 119 | |
| 181 | + | means the use of scientific and applied behavioral science 120 | |
| 182 | + | theories, methods, and techniques for the purpose of des cribing, 121 | |
| 183 | + | preventing, and treating undesired behavior and enhancing mental 122 | |
| 184 | + | health and human development and is based on the person -in-123 | |
| 185 | + | situation perspectives derived from research and theory in 124 | |
| 186 | + | personality, family, group, and organizational dynamics and 125 | |
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| 199 | + | development, career planning, cultural diversity, human growth 126 | |
| 200 | + | and development, human sexuality, normal and abnormal behavior, 127 | |
| 201 | + | psychopathology, psychotherapy, and rehabilitation. The practice 128 | |
| 202 | + | of mental health counseling includes methods of a psychological 129 | |
| 203 | + | nature used to evaluate, assess, diagnose, and treat emotional 130 | |
| 204 | + | and mental dysfunctions or disorders, whether cognitive, 131 | |
| 205 | + | affective, or behavioral, interpersonal relationships, sexual 132 | |
| 206 | + | dysfunction, alcoholism, and substance abuse. The practice of 133 | |
| 207 | + | mental health counseling includes, but is not limited to, 134 | |
| 208 | + | psychotherapy, hypnotherapy, and sex therapy. The practice of 135 | |
| 209 | + | mental health counseling also includes counseling, behavior 136 | |
| 210 | + | modification, consultation, client -centered advocacy, crisis 137 | |
| 211 | + | intervention, and the provision of needed information and 138 | |
| 212 | + | education to clients, when using methods of a psychological 139 | |
| 213 | + | nature to evaluate, assess, diagnose, treat, and prevent 140 | |
| 214 | + | emotional and mental disorders and dysfunctions (whether 141 | |
| 215 | + | cognitive, affective, or behavioral), behavioral disord ers, 142 | |
| 216 | + | sexual dysfunction, alcoholism, or substance abuse. The practice 143 | |
| 217 | + | of mental health counseling may also include clinical research 144 | |
| 218 | + | into more effective psychotherapeutic modalities for the 145 | |
| 219 | + | treatment and prevention of such conditions. 146 | |
| 220 | + | (c) The terms "diag nose" and "treat," as used in this 147 | |
| 221 | + | chapter, when considered in isolation or in conjunction with any 148 | |
| 222 | + | provision of the rules of the board, may not be construed to 149 | |
| 223 | + | permit the performance of any act that mental health counselors 150 | |
| 224 | 224 | ||
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| 236 | + | are not educated and trained to perform, including, but not 151 | |
| 237 | + | limited to, admitting persons to hospitals for treatment of the 152 | |
| 238 | + | foregoing conditions, treating persons in hospitals without 153 | |
| 239 | + | medical supervision, prescribing medicinal drugs as defined in 154 | |
| 240 | + | chapter 465, authorizing clinical labora tory procedures or 155 | |
| 241 | + | radiological procedures, or the use of electroconvulsive 156 | |
| 242 | + | therapy. In addition, this definition may not be construed to 157 | |
| 243 | + | permit any person licensed, provisionally licensed, registered, 158 | |
| 244 | + | or certified pursuant to this chapter to describe or l abel any 159 | |
| 245 | + | test, report, or procedure as "psychological," except to relate 160 | |
| 246 | + | specifically to the definition of practice authorized in this 161 | |
| 247 | + | subsection. 162 | |
| 248 | + | (5)(15) "Licensed associate Registered clinical social 163 | |
| 249 | + | worker intern" means a person licensed registered under this 164 | |
| 250 | + | chapter who is completing the postgraduate clinical social work 165 | |
| 251 | + | experience requirement specified in s. 491.005(1)(c). 166 | |
| 252 | + | (6)(16) "Licensed associate Registered marriage and family 167 | |
| 253 | + | therapist intern" means a person licensed registered under this 168 | |
| 254 | + | chapter who is completing the post -master's clinical experience 169 | |
| 255 | + | requirement specified in s. 491.005(3)(c). 170 | |
| 256 | + | (7)(17) "Licensed associate Registered mental health 171 | |
| 257 | + | counselor intern" means a person licensed registered under this 172 | |
| 258 | + | chapter who is completing the post -master's clinical experience 173 | |
| 259 | + | requirement specified in s. 491.005(4)(c). 174 | |
| 260 | + | Section 2. Section 491.0045, Florida Statutes, is amended 175 | |
| 261 | 261 | ||
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| 273 | + | to read: 176 | |
| 274 | + | 491.0045 Associate license Intern registration; 177 | |
| 275 | + | requirements.— 178 | |
| 276 | + | (1) An individual who has not satisfied the postgraduate 179 | |
| 277 | + | or post-master's level experience requirements, as specified in 180 | |
| 278 | + | s. 491.005(1)(c), (3)(c), or (4)(c), must apply for an associate 181 | |
| 279 | + | license register as an intern in the profession for which he or 182 | |
| 280 | + | she is seeking full licensure before commencing the post -183 | |
| 281 | + | master's experience requirement or an individual who intends to 184 | |
| 282 | + | satisfy part of the required graduate -level practicum, 185 | |
| 283 | + | internship, or field experience, outside the academic arena for 186 | |
| 284 | + | any profession, and m ust apply for an associate license register 187 | |
| 285 | + | as an intern in the profession for which he or she is seeking 188 | |
| 286 | + | full licensure before commencing the practicum, internship, or 189 | |
| 287 | + | field experience. 190 | |
| 288 | + | (2) The department shall license register as an associate 191 | |
| 289 | + | a clinical social worker intern, associate marriage and family 192 | |
| 290 | + | therapist intern, or associate mental health counselor intern 193 | |
| 291 | + | each applicant whom who the board certifies has: 194 | |
| 292 | + | (a) Completed the application form and remitted a 195 | |
| 293 | + | nonrefundable application fee n ot to exceed $200, as set by 196 | |
| 294 | + | board rule; 197 | |
| 295 | + | (b)1. Completed the education requirements as specified in 198 | |
| 296 | + | s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which 199 | |
| 297 | + | he or she is applying for licensure, if needed; and 200 | |
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| 310 | + | 2. Submitted an acceptable supervis ion plan, as determined 201 | |
| 311 | + | by the board, for meeting the practicum, internship, or field 202 | |
| 312 | + | work required for licensure that was not satisfied in his or her 203 | |
| 313 | + | graduate program. 204 | |
| 314 | + | (c) Identified a qualified supervisor. 205 | |
| 315 | + | (3) An individual licensed as an associate registered 206 | |
| 316 | + | under this section must remain under supervision while 207 | |
| 317 | + | practicing under associate licensure registered intern status. 208 | |
| 318 | + | (4) An individual who fails to comply with this section 209 | |
| 319 | + | may not be granted a full license under this chapter, and any 210 | |
| 320 | + | time spent by the individual completing the experience 211 | |
| 321 | + | requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c) 212 | |
| 322 | + | before being issued an associate license registering as an 213 | |
| 323 | + | intern does not count toward completion of the requirement. 214 | |
| 324 | + | (5) An associate license intern registration is valid for 215 | |
| 325 | + | 5 years. 216 | |
| 326 | + | (6) Any registration issued after March 31, 2017, expires 217 | |
| 327 | + | 60 months after the date it is issued. The board may make a one -218 | |
| 328 | + | time exception to the requirements of this subsection in 219 | |
| 329 | + | emergency or hardship cases, as defined by board rule, if the 220 | |
| 330 | + | candidate has passed the theory and practice examination 221 | |
| 331 | + | described in s. 491.005(1)(d), (3)(d), and (4)(d). 222 | |
| 332 | + | (7) An individual who has held a provisional license 223 | |
| 333 | + | issued by the board may not apply for an associate license 224 | |
| 334 | + | intern registration in the same profession. 225 | |
| 335 | 335 | ||
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| 347 | - | (c) | |
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| 347 | + | Section 3. Paragraph (c) of subsection (1), paragraph (c) 226 | |
| 348 | + | of subsection (3), and paragraphs (b) and (c) of subsection (4) 227 | |
| 349 | + | of section 491.005, Florida Statutes, are amended to read: 228 | |
| 350 | + | 491.005 Licensure by examinat ion.— 229 | |
| 351 | + | (1) CLINICAL SOCIAL WORK. —Upon verification of 230 | |
| 352 | + | documentation and payment of a fee not to exceed $200, as set by 231 | |
| 353 | + | board rule, the department shall issue a license as a clinical 232 | |
| 354 | + | social worker to an applicant whom the board certifies has met 233 | |
| 355 | + | all of the following criteria: 234 | |
| 356 | + | (c) Completed at least 2 years of clinical social work 235 | |
| 357 | + | experience, which took place subsequent to completion of a 236 | |
| 358 | + | graduate degree in social work at an institution meeting the 237 | |
| 359 | + | accreditation requirements of this section, under the 238 | |
| 360 | + | supervision of a licensed clinical social worker or the 239 | |
| 361 | + | equivalent who is a qualified supervisor as determined by the 240 | |
| 362 | + | board. An individual who intends to practice in Florida to 241 | |
| 363 | + | satisfy clinical experience requirements must register pursuant 242 | |
| 364 | + | to s. 491.0045 before commencing practice. If the applicant's 243 | |
| 365 | + | graduate program was not a program which emphasized direct 244 | |
| 366 | + | clinical patient or client health care services as described in 245 | |
| 367 | + | subparagraph (b)2., the supervised experience requirement must 246 | |
| 368 | + | take place after the applic ant has completed a minimum of 15 247 | |
| 369 | + | semester hours or 22 quarter hours of the coursework required. A 248 | |
| 370 | + | doctoral internship may be applied toward the clinical social 249 | |
| 371 | + | work experience requirement. A licensed mental health 250 | |
| 372 | 372 | ||
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| 384 | + | professional must be on the premises when clinical services are 251 | |
| 385 | + | provided by a registered intern in a private practice setting. 252 | |
| 386 | + | (3) MARRIAGE AND FAMILY THERAPY. —Upon verification of 253 | |
| 387 | + | documentation and payment of a fee not to exceed $200, as set by 254 | |
| 388 | + | board rule, the department shall issue a license as a marriage 255 | |
| 389 | + | and family therapist to an applicant whom the board certifies 256 | |
| 390 | + | has met all of the following criteria: 257 | |
| 391 | + | (c) Completed at least 2 years of clinical experience 258 | |
| 392 | + | during which 50 percent of the applicant's clients were 259 | |
| 393 | + | receiving marriage and family therapy services, which must be at 260 | |
| 394 | + | the post-master's level under the supervision of a licensed 261 | |
| 395 | + | marriage and family therapist with at least 5 years of 262 | |
| 396 | + | experience, or the equivalent, who is a qualified supervisor as 263 | |
| 397 | + | determined by the board. An individual wh o intends to practice 264 | |
| 398 | + | in Florida to satisfy the clinical experience requirements must 265 | |
| 399 | + | register pursuant to s. 491.0045 before commencing practice. If 266 | |
| 400 | + | a graduate has a master's degree with a major emphasis in 267 | |
| 401 | + | marriage and family therapy or a closely related field which did 268 | |
| 402 | + | not include all of the coursework required by paragraph (b), 269 | |
| 403 | + | credit for the post-master's level clinical experience may not 270 | |
| 404 | + | commence until the applicant has completed a minimum of 10 of 271 | |
| 405 | + | the courses required by paragraph (b), as determined by the 272 | |
| 406 | + | board, and at least 6 semester hours or 9 quarter hours of the 273 | |
| 407 | + | course credits must have been completed in the area of marriage 274 | |
| 408 | + | and family systems, theories, or techniques. Within the 2 years 275 | |
| 409 | 409 | ||
| 410 | - | ||
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| 440 | - | by | |
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| 443 | - | ||
| 444 | - | ||
| 445 | - | ||
| 421 | + | of required experience, the applicant must shall provide direct 276 | |
| 422 | + | individual, group, or family therapy and counseling to cases 277 | |
| 423 | + | including those involving unmarried dyads, married couples, 278 | |
| 424 | + | separating and divorcing couples, and family groups that include 279 | |
| 425 | + | children. A doctoral internship may be applied toward the 280 | |
| 426 | + | clinical experience requirement. A licensed mental health 281 | |
| 427 | + | professional must be on the premises when clinical services are 282 | |
| 428 | + | provided by a registered intern in a private practice setting. 283 | |
| 429 | + | 284 | |
| 430 | + | For the purposes of dual licensure, the department shall license 285 | |
| 431 | + | as a marriage and family therapist any person who meets the 286 | |
| 432 | + | requirements of s. 491.0057. Fees for dual licensure may not 287 | |
| 433 | + | exceed those stated in this subsection. 288 | |
| 434 | + | (4) MENTAL HEALTH COUNSELING. —Upon verification of 289 | |
| 435 | + | documentation and payment of a fee not to exceed $200 , as set by 290 | |
| 436 | + | board rule, the department shall issue a license as a mental 291 | |
| 437 | + | health counselor to an applicant whom the board certifies has 292 | |
| 438 | + | met all of the following criteria: 293 | |
| 439 | + | (b)1. Attained a minimum of an earned master's degree from 294 | |
| 440 | + | a mental health counselin g program accredited by the Council for 295 | |
| 441 | + | the Accreditation of Counseling and Related Educational Programs 296 | |
| 442 | + | which consists of at least 60 semester hours or 80 quarter hours 297 | |
| 443 | + | of clinical and didactic instruction, including a course in 298 | |
| 444 | + | human sexuality and a cour se in substance abuse. If the master's 299 | |
| 445 | + | degree is earned from a program related to the practice of 300 | |
| 446 | 446 | ||
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| 458 | + | mental health counseling which is not accredited by the Council 301 | |
| 459 | + | for the Accreditation of Counseling and Related Educational 302 | |
| 460 | + | Programs, then the coursework and practicum, internship, or 303 | |
| 461 | + | fieldwork must consist of at least 60 semester hours or 80 304 | |
| 462 | + | quarter hours and meet all of the following requirements: 305 | |
| 463 | + | a. Thirty-three semester hours or 44 quarter hours of 306 | |
| 464 | + | graduate coursework, which must include a minimum of 3 se mester 307 | |
| 465 | + | hours or 4 quarter hours of graduate -level coursework in each of 308 | |
| 466 | + | the following 11 content areas: counseling theories and 309 | |
| 467 | + | practice; human growth and development; diagnosis and treatment 310 | |
| 468 | + | of psychopathology; human sexuality; group theories and 311 | |
| 469 | + | practice; individual evaluation and assessment; career and 312 | |
| 470 | + | lifestyle assessment; research and program evaluation; social 313 | |
| 471 | + | and cultural foundations; substance abuse; and legal, ethical, 314 | |
| 472 | + | and professional standards issues in the practice of mental 315 | |
| 473 | + | health counseling. C ourses in research, thesis or dissertation 316 | |
| 474 | + | work, practicums, internships, or fieldwork may not be applied 317 | |
| 475 | + | toward this requirement. 318 | |
| 476 | + | b. A minimum of 3 semester hours or 4 quarter hours of 319 | |
| 477 | + | graduate-level coursework addressing diagnostic processes, 320 | |
| 478 | + | including differential diagnosis and the use of the current 321 | |
| 479 | + | diagnostic tools, such as the current edition of the American 322 | |
| 480 | + | Psychiatric Association's Diagnostic and Statistical Manual of 323 | |
| 481 | + | Mental Disorders. The graduate program must have emphasized the 324 | |
| 482 | + | common core curricular experience. 325 | |
| 483 | 483 | ||
| 484 | - | ||
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| 495 | + | c. The equivalent, as determined by the board, of at least 326 | |
| 496 | + | 700 hours of university -sponsored supervised clinical practicum, 327 | |
| 497 | + | internship, or field experience that includes at least 280 hours 328 | |
| 498 | + | of direct client services, as required in the accrediting 329 | |
| 499 | + | standards of the Council for Accreditation of Counseling and 330 | |
| 500 | + | Related Educational Programs for mental health counseling 331 | |
| 501 | + | programs. This experience may not be used to satisfy the post -332 | |
| 502 | + | master's clinical experience requirement. 333 | |
| 503 | + | 2. Provided additio nal documentation if a course title 334 | |
| 504 | + | that appears on the applicant's transcript does not clearly 335 | |
| 505 | + | identify the content of the coursework. The documentation must 336 | |
| 506 | + | include, but is not limited to, a syllabus or catalog 337 | |
| 507 | + | description published for the course. 338 | |
| 508 | + | 339 | |
| 509 | + | Education and training in mental health counseling must have 340 | |
| 510 | + | been received in an institution of higher education that, at the 341 | |
| 511 | + | time the applicant graduated, was fully accredited by an 342 | |
| 512 | + | institutional accrediting body recognized by the Council for 343 | |
| 513 | + | Higher Education Accreditation or its successor organization or 344 | |
| 514 | + | was a member in good standing with Universities Canada, or an 345 | |
| 515 | + | institution of higher education located outside the United 346 | |
| 516 | + | States and Canada which, at the time the applicant was enrolled 347 | |
| 517 | + | and at the time the app licant graduated, maintained a standard 348 | |
| 518 | + | of training substantially equivalent to the standards of 349 | |
| 519 | + | training of those institutions in the United States which are 350 | |
| 520 | 520 | ||
| 521 | - | ||
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| 532 | + | accredited by an institutional accrediting body recognized by 351 | |
| 533 | + | the Council for Higher Education Ac creditation or its successor 352 | |
| 534 | + | organization. Such foreign education and training must have been 353 | |
| 535 | + | received in an institution or program of higher education 354 | |
| 536 | + | officially recognized by the government of the country in which 355 | |
| 537 | + | it is located as an institution or progr am to train students to 356 | |
| 538 | + | practice as mental health counselors. The applicant has the 357 | |
| 539 | + | burden of establishing that the requirements of this provision 358 | |
| 540 | + | have been met, and the board shall require documentation, such 359 | |
| 541 | + | as an evaluation by a foreign equivalency dete rmination service, 360 | |
| 542 | + | as evidence that the applicant's graduate degree program and 361 | |
| 543 | + | education were equivalent to an accredited program in this 362 | |
| 544 | + | country. Beginning July 1, 2025, an applicant must have a 363 | |
| 545 | + | master's degree from a program that is accredited by the Co uncil 364 | |
| 546 | + | for Accreditation of Counseling and Related Educational 365 | |
| 547 | + | Programs, the Masters in Psychology and Counseling Accreditation 366 | |
| 548 | + | Council, or an equivalent accrediting body which consists of at 367 | |
| 549 | + | least 60 semester hours or 80 quarter hours to apply for 368 | |
| 550 | + | licensure under this paragraph. 369 | |
| 551 | + | (c) Completed at least 2 years of clinical experience in 370 | |
| 552 | + | mental health counseling, which must be at the post -master's 371 | |
| 553 | + | level under the supervision of a licensed mental health 372 | |
| 554 | + | counselor or the equivalent who is a qualified superviso r as 373 | |
| 555 | + | determined by the board. An individual who intends to practice 374 | |
| 556 | + | in Florida to satisfy the clinical experience requirements must 375 | |
| 557 | 557 | ||
| 558 | - | ||
| 558 | + | HB 827 2024 | |
| 559 | 559 | ||
| 560 | 560 | ||
| 561 | 561 | ||
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| 566 | 566 | ||
| 567 | 567 | ||
| 568 | 568 | ||
| 569 | - | (b) A registered associate clinical social worker intern 376 | |
| 570 | - | shall include the words "registered associate clinical social 377 | |
| 571 | - | worker intern," a registered associate marriage and family 378 | |
| 572 | - | therapist intern shall include the words "registered associate 379 | |
| 573 | - | marriage and family therap ist intern," and a registered 380 | |
| 574 | - | associate mental health counselor intern shall include the words 381 | |
| 575 | - | "registered associate mental health counselor intern" on all 382 | |
| 576 | - | promotional materials, including cards, brochures, stationery, 383 | |
| 577 | - | advertisements, and signs, naming the registered associate 384 | |
| 578 | - | intern. 385 | |
| 579 | - | Section 9. This act shall take effect July 1, 2024. 386 | |
| 569 | + | register pursuant to s. 491.0045 before commencing practice. If 376 | |
| 570 | + | a graduate has a master's degree with a major related to the 377 | |
| 571 | + | practice of mental health counseling which did not include all 378 | |
| 572 | + | the coursework required under sub -subparagraphs (b)1.a. and b., 379 | |
| 573 | + | credit for the post-master's level clinical experience may not 380 | |
| 574 | + | commence until the applicant has completed a minimum of seven of 381 | |
| 575 | + | the courses required under sub -subparagraphs (b)1.a. and b., as 382 | |
| 576 | + | determined by the board, one of which must be a course in 383 | |
| 577 | + | psychopathology or abnormal psychology. A doctoral internship 384 | |
| 578 | + | may be applied toward the clinical experience requirement. A 385 | |
| 579 | + | licensed mental health professional must be on the premises when 386 | |
| 580 | + | clinical services are provided by a registered intern in a 387 | |
| 581 | + | private practice setting. 388 | |
| 582 | + | Section 4. Section 491.007, Florida Statutes, is amended 389 | |
| 583 | + | to read: 390 | |
| 584 | + | 491.007 Renewal of license , registration, or certificate.— 391 | |
| 585 | + | (1) The board or department shall prescribe by rule a 392 | |
| 586 | + | method for the biennial renewal of licenses or certificates at a 393 | |
| 587 | + | fee set by rule, not to exceed $250. 394 | |
| 588 | + | (2) Each applicant for renewal must shall present 395 | |
| 589 | + | satisfactory evidence that, in the period since the license or 396 | |
| 590 | + | certificate was issued, the applicant has completed continuing 397 | |
| 591 | + | education requirements set by rule of the board or department. 398 | |
| 592 | + | No Not more than 25 classroom hours of continuing education per 399 | |
| 593 | + | year may shall be required. A certified master social worker is 400 | |
| 594 | + | ||
| 595 | + | HB 827 2024 | |
| 596 | + | ||
| 597 | + | ||
| 598 | + | ||
| 599 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 602 | + | 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 | |
| 603 | + | ||
| 604 | + | ||
| 605 | + | ||
| 606 | + | exempt from the continuing education requirements for the first 401 | |
| 607 | + | renewal of the certificate. 402 | |
| 608 | + | Section 5. Subsection (1) of section 491.009, Florida 403 | |
| 609 | + | Statutes, is amended to read: 404 | |
| 610 | + | 491.009 Discipline. — 405 | |
| 611 | + | (1) The following acts constitute grounds for denial of a 406 | |
| 612 | + | license or disciplinary action, as specified in s. 456.072(2) or 407 | |
| 613 | + | s. 491.017: 408 | |
| 614 | + | (a) Attempting to obtain, obtaining, or renewing a 409 | |
| 615 | + | license, registration, or certificate under this chapter by 410 | |
| 616 | + | bribery or fraudulent misr epresentation or through an error of 411 | |
| 617 | + | the board or the department. 412 | |
| 618 | + | (b) Having a license, registration, or certificate to 413 | |
| 619 | + | practice a comparable profession revoked, suspended, or 414 | |
| 620 | + | otherwise acted against, including the denial of certification 415 | |
| 621 | + | or licensure by another state, territory, or country. 416 | |
| 622 | + | (c) Being convicted or found guilty of, regardless of 417 | |
| 623 | + | adjudication, or having entered a plea of nolo contendere to, a 418 | |
| 624 | + | crime in any jurisdiction which directly relates to the practice 419 | |
| 625 | + | of his or her profession or the ability to practice his or her 420 | |
| 626 | + | profession. However, in the case of a plea of nolo contendere, 421 | |
| 627 | + | the board shall allow the person who is the subject of the 422 | |
| 628 | + | disciplinary proceeding to present evidence in mitigation 423 | |
| 629 | + | relevant to the underlying charges and circum stances surrounding 424 | |
| 630 | + | the plea. 425 | |
| 631 | + | ||
| 632 | + | HB 827 2024 | |
| 633 | + | ||
| 634 | + | ||
| 635 | + | ||
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| 639 | + | 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 | |
| 640 | + | ||
| 641 | + | ||
| 642 | + | ||
| 643 | + | (d) False, deceptive, or misleading advertising or 426 | |
| 644 | + | obtaining a fee or other thing of value on the representation 427 | |
| 645 | + | that beneficial results from any treatment will be guaranteed. 428 | |
| 646 | + | (e) Advertising, practicing, or attempting to practice 429 | |
| 647 | + | under a name other than one's own. 430 | |
| 648 | + | (f) Maintaining a professional association with any person 431 | |
| 649 | + | who the applicant, licensee, registered intern, or 432 | |
| 650 | + | certificateholder knows, or has reason to believe, is in 433 | |
| 651 | + | violation of this chapter or of a rule of t he department or the 434 | |
| 652 | + | board. 435 | |
| 653 | + | (g) Knowingly aiding, assisting, procuring, or advising 436 | |
| 654 | + | any nonlicensed, nonregistered, or noncertified person to hold 437 | |
| 655 | + | himself or herself out as licensed , registered, or certified 438 | |
| 656 | + | under this chapter. 439 | |
| 657 | + | (h) Failing to perform a ny statutory or legal obligation 440 | |
| 658 | + | placed upon a person licensed , registered, or certified under 441 | |
| 659 | + | this chapter. 442 | |
| 660 | + | (i) Willfully making or filing a false report or record; 443 | |
| 661 | + | failing to file a report or record required by state or federal 444 | |
| 662 | + | law; willfully impeding or obstructing the filing of a report or 445 | |
| 663 | + | record; or inducing another person to make or file a false 446 | |
| 664 | + | report or record or to impede or obstruct the filing of a report 447 | |
| 665 | + | or record. Such report or record includes only a report or 448 | |
| 666 | + | record which requires the signat ure of a person licensed , 449 | |
| 667 | + | registered, or certified under this chapter. 450 | |
| 668 | + | ||
| 669 | + | HB 827 2024 | |
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| 676 | + | 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 | |
| 677 | + | ||
| 678 | + | ||
| 679 | + | ||
| 680 | + | (j) Paying a kickback, rebate, bonus, or other 451 | |
| 681 | + | remuneration for receiving a patient or client, or receiving a 452 | |
| 682 | + | kickback, rebate, bonus, or other remuneration for referring a 453 | |
| 683 | + | patient or client to another provider of mental health care 454 | |
| 684 | + | services or to a provider of health care services or goods; 455 | |
| 685 | + | referring a patient or client to oneself for services on a fee -456 | |
| 686 | + | paid basis when those services are already being paid for by 457 | |
| 687 | + | some other public or p rivate entity; or entering into a 458 | |
| 688 | + | reciprocal referral agreement. 459 | |
| 689 | + | (k) Committing any act upon a patient or client which 460 | |
| 690 | + | would constitute sexual battery or which would constitute sexual 461 | |
| 691 | + | misconduct as defined pursuant to s. 491.0111. 462 | |
| 692 | + | (l) Making misleading , deceptive, untrue, or fraudulent 463 | |
| 693 | + | representations in the practice of any profession licensed , 464 | |
| 694 | + | registered, or certified under this chapter. 465 | |
| 695 | + | (m) Soliciting patients or clients personally, or through 466 | |
| 696 | + | an agent, through the use of fraud, intimidation, undue 467 | |
| 697 | + | influence, or a form of overreaching or vexatious conduct. 468 | |
| 698 | + | (n) Failing to make available to a patient or client, upon 469 | |
| 699 | + | written request, copies of tests, reports, or documents in the 470 | |
| 700 | + | possession or under the control of the licensee , registered 471 | |
| 701 | + | intern, or certificateholder which have been prepared for and 472 | |
| 702 | + | paid for by the patient or client. 473 | |
| 703 | + | (o) Failing to respond within 30 days to a written 474 | |
| 704 | + | communication from the department or the board concerning any 475 | |
| 705 | + | ||
| 706 | + | HB 827 2024 | |
| 707 | + | ||
| 708 | + | ||
| 709 | + | ||
| 710 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 713 | + | 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 | |
| 714 | + | ||
| 715 | + | ||
| 716 | + | ||
| 717 | + | investigation by the department or the board, or failing to make 476 | |
| 718 | + | available any relevant records with respect to any investigation 477 | |
| 719 | + | about the licensee's , registered intern's, or 478 | |
| 720 | + | certificateholder's conduct or background. 479 | |
| 721 | + | (p) Being unable to practice the profession for which he 480 | |
| 722 | + | or she is licensed, registered, or certified under this chapter 481 | |
| 723 | + | with reasonable skill or competence as a result of any mental or 482 | |
| 724 | + | physical condition or by reason of illness; drunkenness; or 483 | |
| 725 | + | excessive use of drugs, narcotics, chemicals, or any other 484 | |
| 726 | + | substance. In enforcing this paragraph, upo n a finding by the 485 | |
| 727 | + | State Surgeon General, the State Surgeon General's designee, or 486 | |
| 728 | + | the board that probable cause exists to believe that the 487 | |
| 729 | + | licensee, registered intern, or certificateholder is unable to 488 | |
| 730 | + | practice the profession because of the reasons stated in this 489 | |
| 731 | + | paragraph, the department shall have the authority to compel a 490 | |
| 732 | + | licensee, registered intern, or certificateholder to submit to a 491 | |
| 733 | + | mental or physical examination by psychologists, physicians, or 492 | |
| 734 | + | other licensees under this chapter, designated by the department 493 | |
| 735 | + | or board. If the licensee , registered intern, or 494 | |
| 736 | + | certificateholder refuses to comply with such order, the 495 | |
| 737 | + | department's order directing the examination may be enforced by 496 | |
| 738 | + | filing a petition for enforcement in the circuit court in the 497 | |
| 739 | + | circuit in which the licensee , registered intern, or 498 | |
| 740 | + | certificateholder resides or does business. The licensee , 499 | |
| 741 | + | registered intern, or certificateholder against whom the 500 | |
| 742 | + | ||
| 743 | + | HB 827 2024 | |
| 744 | + | ||
| 745 | + | ||
| 746 | + | ||
| 747 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 750 | + | 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 | |
| 751 | + | ||
| 752 | + | ||
| 753 | + | ||
| 754 | + | petition is filed may not be named or identified by initials in 501 | |
| 755 | + | any public court records or documents, and the proceedings must 502 | |
| 756 | + | shall be closed to the public. The department is shall be 503 | |
| 757 | + | entitled to the summary procedure provided in s. 51.011. A 504 | |
| 758 | + | licensee, registered intern, or certificateholder affected under 505 | |
| 759 | + | this paragraph must, shall at reasonable intervals , be afforded 506 | |
| 760 | + | an opportunity to demonstrate that he or she can resume the 507 | |
| 761 | + | competent practice for which he or she is licensed , registered, 508 | |
| 762 | + | or certified with reasonable skill and safety to patients. 509 | |
| 763 | + | (q) Performing any treatment or prescribing any therapy 510 | |
| 764 | + | which, by the prevailing standards of the mental health 511 | |
| 765 | + | professions in the community, would constitute experimentation 512 | |
| 766 | + | on human subjects, without first obtaining full, informed, and 513 | |
| 767 | + | written consent. 514 | |
| 768 | + | (r) Failing to meet the minimum standards of performance 515 | |
| 769 | + | in professional activities when measured against generally 516 | |
| 770 | + | prevailing peer performance, including the undertaking of 517 | |
| 771 | + | activities for which the licensee , registered intern, or 518 | |
| 772 | + | certificateholder is not qualified by training or experience. 519 | |
| 773 | + | (s) Delegating professional responsibilities to a person 520 | |
| 774 | + | who the licensee, registered intern, or certificateholder knows 521 | |
| 775 | + | or has reason to know is not qualified by training or experien ce 522 | |
| 776 | + | to perform such responsibilities. 523 | |
| 777 | + | (t) Violating a rule relating to the regulation of the 524 | |
| 778 | + | profession or a lawful order of the department or the board 525 | |
| 779 | + | ||
| 780 | + | HB 827 2024 | |
| 781 | + | ||
| 782 | + | ||
| 783 | + | ||
| 784 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 787 | + | 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 | |
| 788 | + | ||
| 789 | + | ||
| 790 | + | ||
| 791 | + | previously entered in a disciplinary hearing. 526 | |
| 792 | + | (u) Failure of the licensee , registered intern, or 527 | |
| 793 | + | certificateholder to maintain in confidence a communication made 528 | |
| 794 | + | by a patient or client in the context of such services, except 529 | |
| 795 | + | as provided in s. 491.0147. 530 | |
| 796 | + | (v) Making public statements which are derived from test 531 | |
| 797 | + | data, client contacts, or behavioral researc h and which identify 532 | |
| 798 | + | or damage research subjects or clients. 533 | |
| 799 | + | (w) Violating any provision of this chapter or chapter 534 | |
| 800 | + | 456, or any rules adopted pursuant thereto. 535 | |
| 801 | + | Section 6. Paragraphs (i) through (l) of subsection (1) of 536 | |
| 802 | + | section 491.012, Florida Statutes, are amended to read: 537 | |
| 803 | + | 491.012 Violations; penalty; injunction. — 538 | |
| 804 | + | (1) It is unlawful and a violation of this chapter for any 539 | |
| 805 | + | person to: 540 | |
| 806 | + | (i) Practice clinical social work in this state for 541 | |
| 807 | + | compensation, unless the person holds a valid, active l icense to 542 | |
| 808 | + | practice clinical social work issued under pursuant to this 543 | |
| 809 | + | chapter or is a licensed associate clinical social worker an 544 | |
| 810 | + | intern registered pursuant to s. 491.0045. 545 | |
| 811 | + | (j) Practice marriage and family therapy in this state for 546 | |
| 812 | + | compensation, unless the person holds a valid, active license to 547 | |
| 813 | + | practice marriage and family therapy issued under pursuant to 548 | |
| 814 | + | this chapter or is a licensed associate marriage and family 549 | |
| 815 | + | therapist licensed an intern registered pursuant to s. 491.0045. 550 | |
| 816 | + | ||
| 817 | + | HB 827 2024 | |
| 818 | + | ||
| 819 | + | ||
| 820 | + | ||
| 821 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 824 | + | 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 | |
| 825 | + | ||
| 826 | + | ||
| 827 | + | ||
| 828 | + | (k) Practice mental hea lth counseling in this state for 551 | |
| 829 | + | compensation, unless the person holds a valid, active license to 552 | |
| 830 | + | practice mental health counseling issued under pursuant to this 553 | |
| 831 | + | chapter or is a licensed associate mental health counselor 554 | |
| 832 | + | licensed an intern registered pursuant to s. 491.0045. 555 | |
| 833 | + | (l) Use the following titles or any combination thereof, 556 | |
| 834 | + | unless he or she holds a valid associate license registration as 557 | |
| 835 | + | an intern issued under pursuant to this chapter: 558 | |
| 836 | + | 1. "Licensed associate Registered clinical social worker 559 | |
| 837 | + | intern." 560 | |
| 838 | + | 2. "Licensed associate Registered marriage and family 561 | |
| 839 | + | therapist intern." 562 | |
| 840 | + | 3. "Licensed associate Registered mental health counselor 563 | |
| 841 | + | intern." 564 | |
| 842 | + | Section 7. Subsections (1), (2), and (4) of section 565 | |
| 843 | + | 491.014, Florida Statutes, are amended to read: 566 | |
| 844 | + | 491.014 Exemptions.— 567 | |
| 845 | + | (1) No provision of this chapter shall be construed to 568 | |
| 846 | + | limit the practice of physicians licensed pursuant to chapter 569 | |
| 847 | + | 458 or chapter 459, or psychologists licensed pursuant to 570 | |
| 848 | + | chapter 490, so long as they do not unlawfully hold themsel ves 571 | |
| 849 | + | out to the public as possessing a license, provisional license, 572 | |
| 850 | + | registration, or certificate issued pursuant to this chapter or 573 | |
| 851 | + | use a professional title protected by this chapter. 574 | |
| 852 | + | (2) No provision of this chapter shall be construed to 575 | |
| 853 | + | ||
| 854 | + | HB 827 2024 | |
| 855 | + | ||
| 856 | + | ||
| 857 | + | ||
| 858 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 861 | + | 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 | |
| 862 | + | ||
| 863 | + | ||
| 864 | + | ||
| 865 | + | limit the practice of nursing, school psychology, psychology, or 576 | |
| 866 | + | occupational therapy, or to prevent qualified members of other 577 | |
| 867 | + | professions from doing work of a nature consistent with their 578 | |
| 868 | + | training and licensure, so long as they do not hold themselves 579 | |
| 869 | + | out to the public as possessing a license, provisional license, 580 | |
| 870 | + | registration, or certificate issued pursuant to this chapter or 581 | |
| 871 | + | use a title protected by this chapter. 582 | |
| 872 | + | (4) No person shall be required to be licensed, 583 | |
| 873 | + | provisionally licensed, registered, or certified under this 584 | |
| 874 | + | chapter who: 585 | |
| 875 | + | (a) Is a salaried employee of a government agency; a 586 | |
| 876 | + | developmental disability facility or program; a mental health, 587 | |
| 877 | + | alcohol, or drug abuse facility operating under chapter 393, 588 | |
| 878 | + | chapter 394, or chapter 397; the statewide chi ld care resource 589 | |
| 879 | + | and referral network operating under s. 1002.92; a child -placing 590 | |
| 880 | + | or child-caring agency licensed pursuant to chapter 409; a 591 | |
| 881 | + | domestic violence center certified pursuant to chapter 39; an 592 | |
| 882 | + | accredited academic institution; or a research instit ution, if 593 | |
| 883 | + | such employee is performing duties for which he or she was 594 | |
| 884 | + | trained and hired solely within the confines of such agency, 595 | |
| 885 | + | facility, or institution, so long as the employee is not held 596 | |
| 886 | + | out to the public as a clinical social worker, mental health 597 | |
| 887 | + | counselor, or marriage and family therapist. 598 | |
| 888 | + | (b) Is a salaried employee of a private, nonprofit 599 | |
| 889 | + | organization providing counseling services to children, youth, 600 | |
| 890 | + | ||
| 891 | + | HB 827 2024 | |
| 892 | + | ||
| 893 | + | ||
| 894 | + | ||
| 895 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 898 | + | 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 | |
| 899 | + | ||
| 900 | + | ||
| 901 | + | ||
| 902 | + | and families, if such services are provided for no charge, if 601 | |
| 903 | + | such employee is performing duties f or which he or she was 602 | |
| 904 | + | trained and hired, so long as the employee is not held out to 603 | |
| 905 | + | the public as a clinical social worker, mental health counselor, 604 | |
| 906 | + | or marriage and family therapist. 605 | |
| 907 | + | (c) Is a student providing services regulated under this 606 | |
| 908 | + | chapter who is pursuing a course of study which leads to a 607 | |
| 909 | + | degree in a profession regulated by this chapter, is providing 608 | |
| 910 | + | services in a training setting, provided such services and 609 | |
| 911 | + | associated activities constitute part of a supervised course of 610 | |
| 912 | + | study, and is designated by the title "student associate 611 | |
| 913 | + | intern." 612 | |
| 914 | + | (d) Is not a resident of this state but offers services in 613 | |
| 915 | + | this state, provided: 614 | |
| 916 | + | 1. Such services are performed for no more than 15 days in 615 | |
| 917 | + | any calendar year; and 616 | |
| 918 | + | 2. Such nonresident is licensed or certified to practice 617 | |
| 919 | + | the services provided by a state or territory of the United 618 | |
| 920 | + | States or by a foreign country or province. 619 | |
| 921 | + | Section 8. Subsection (2) of section 491.0149, Florida 620 | |
| 922 | + | Statutes, is amended to read: 621 | |
| 923 | + | 491.0149 Display of license; use of professional title on 622 | |
| 924 | + | promotional materials. — 623 | |
| 925 | + | (2)(a) A person licensed registered under this chapter as 624 | |
| 926 | + | an associate a clinical social worker intern, associate marriage 625 | |
| 927 | + | ||
| 928 | + | HB 827 2024 | |
| 929 | + | ||
| 930 | + | ||
| 931 | + | ||
| 932 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 935 | + | 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 | |
| 936 | + | ||
| 937 | + | ||
| 938 | + | ||
| 939 | + | and family therapist intern, or associate mental health 626 | |
| 940 | + | counselor intern shall conspicuously displ ay the valid associate 627 | |
| 941 | + | license registration issued by the department or a true copy 628 | |
| 942 | + | thereof at each location at which the licensed associate 629 | |
| 943 | + | registered intern is completing the experience requirements. 630 | |
| 944 | + | (b) A licensed associate registered clinical social worker 631 | |
| 945 | + | intern shall include the words " licensed associate registered 632 | |
| 946 | + | clinical social worker intern," a licensed associate registered 633 | |
| 947 | + | marriage and family therapist intern shall include the words 634 | |
| 948 | + | "licensed associate registered marriage and family therapist 635 | |
| 949 | + | intern," and a licensed associate registered mental health 636 | |
| 950 | + | counselor intern shall include the words " licensed associate 637 | |
| 951 | + | registered mental health counselor intern" on all promotional 638 | |
| 952 | + | materials, including cards, brochures, stationery, 639 | |
| 953 | + | advertisements, and sign s, naming the licensed associate 640 | |
| 954 | + | registered intern. 641 | |
| 955 | + | Section 9. Paragraph (c) of subsection (4) of section 642 | |
| 956 | + | 414.065, Florida Statutes, is amended to read: 643 | |
| 957 | + | 414.065 Noncompliance with work requirements. — 644 | |
| 958 | + | (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES. —Unless 645 | |
| 959 | + | otherwise provided, the situations listed in this subsection 646 | |
| 960 | + | shall constitute exceptions to the penalties for noncompliance 647 | |
| 961 | + | with participation requirements, except that these situations do 648 | |
| 962 | + | not constitute exceptions to the applicable time limit for 649 | |
| 963 | + | receipt of temporary cash assistance: 650 | |
| 964 | + | ||
| 965 | + | HB 827 2024 | |
| 966 | + | ||
| 967 | + | ||
| 968 | + | ||
| 969 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 973 | + | ||
| 974 | + | ||
| 975 | + | ||
| 976 | + | (c) Noncompliance related to treatment or remediation of 651 | |
| 977 | + | past effects of domestic violence. —An individual who is 652 | |
| 978 | + | determined to be unable to comply with the work requirements 653 | |
| 979 | + | under this section due to mental or physical imp airment related 654 | |
| 980 | + | to past incidents of domestic violence may be exempt from work 655 | |
| 981 | + | requirements, except that such individual shall comply with a 656 | |
| 982 | + | plan that specifies alternative requirements that prepare the 657 | |
| 983 | + | individual for self-sufficiency while providing for t he safety 658 | |
| 984 | + | of the individual and the individual's dependents. A participant 659 | |
| 985 | + | who is determined to be out of compliance with the alternative 660 | |
| 986 | + | requirement plan shall be subject to the penalties under 661 | |
| 987 | + | subsection (1). The plan must include counseling or a course of 662 | |
| 988 | + | treatment necessary for the individual to resume participation. 663 | |
| 989 | + | The need for treatment and the expected duration of such 664 | |
| 990 | + | treatment must be verified by a physician licensed under chapter 665 | |
| 991 | + | 458 or chapter 459; a psychologist licensed under s. 490.005(1), 666 | |
| 992 | + | s. 490.006, or the provision identified as s. 490.013(2) in s. 667 | |
| 993 | + | 1, chapter 81-235, Laws of Florida; a therapist as defined in s. 668 | |
| 994 | + | 491.003(2) or (10) (7); or a treatment professional who is 669 | |
| 995 | + | registered under s. 39.905(1)(g), is authorized to maintain 670 | |
| 996 | + | confidentiality under s. 90.5036(1)(d), and has a minimum of 2 671 | |
| 997 | + | years' experience at a certified domestic violence center. An 672 | |
| 998 | + | exception granted under this paragraph does not automatically 673 | |
| 999 | + | constitute an exception from the time limitations on benefits 674 | |
| 1000 | + | specified under s. 414.105. 675 | |
| 1001 | + | ||
| 1002 | + | HB 827 2024 | |
| 1003 | + | ||
| 1004 | + | ||
| 1005 | + | ||
| 1006 | + | CODING: Words stricken are deletions; words underlined are additions. | |
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| 1009 | + | 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 | |
| 1010 | + | ||
| 1011 | + | ||
| 1012 | + | ||
| 1013 | + | Section 10. This act shall take effect July 1, 2024. 676 |