Florida 2025 Regular Session

Florida House Bill H0361 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 361 2025
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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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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	18	registrations as associate registrations for the 5
19	19	professions of clinical social work, marriage and 6
20	20	family therapy, and mental health counseling; amending 7
21	21	s. 491.005, F.S.; deleting the requirement that a 8
22	22	licensed mental health professional be present on the 9
23	23	premises when registered associates, formerly 10
24	24	classified as registered interns, are providing 11
25	25	clinical services in a private practice setting; 12
26	26	amending ss. 491.009, 491.012, 491.014, and 491.0149, 13
27	27	F.S.; conforming provisions to changes made by the 14
28	28	act; providing an ef fective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Subsections (15), (16), and (17) of section 19
33	33	491.003, Florida Statutes, as amended by section 42 of chapter 20
34	34	2024-243, Laws of Florida, are amended to read: 21
35	35	491.003 Definitions.—As used in this chapter: 22
36	36	(15) "Registered associate clinical social worker intern" 23
37	37	means a person registered under this chapter who is completing 24
38	38	the postgraduate clinical social work experience requirement 25
39	39
40	40	HB 361 2025
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47	47	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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49	49
50	50
51	51	specified in s. 491.005(1)(d). 26
52	52	(16) "Registered associate marriage and family therapist 27
53	53	intern" means a person registered under this chapter who is 28
54	54	completing the post-master's clinical experience requirement 29
55	55	specified in s. 491.005(3)(d). 30
56	56	(17) "Registered associate mental health counselor intern" 31
57	57	means a person registered under this chapter who is completing 32
58	58	the post-master's clinical experience requirement specified in 33
59	59	s. 491.005(4)(d). 34
60	60	Section 2. Section 491.0045, Florida Statutes, as amended 35
61	61	by section 37 of chapter 2024 -243, Laws of Florida, is amended 36
62	62	to read: 37
63	63	491.0045 Associate Intern registration; requirements. — 38
64	64	(1) An individual who has not satisfied the postgraduate 39
65	65	or post-master's level experience requirements, as specified in 40
66	66	s. 491.005(1)(d), (3)(d), or (4)(d), mu st register as an 41
67	67	associate intern in the profession for which he or she is 42
68	68	seeking full licensure before commencing the post -master's 43
69	69	experience requirement or an individual who intends to satisfy 44
70	70	part of the required graduate -level practicum, internship, or 45
71	71	field experience, outside the academic arena for any profession, 46
72	72	and must register as an associate intern in the profession for 47
73	73	which he or she is seeking full licensure before commencing the 48
74	74	practicum, internship, or field experience. 49
75	75	(2) The department shall register as an associate a 50
76	76
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84	84	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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88	88	clinical social worker intern, an associate marriage and family 51
89	89	therapist intern, or an associate mental health counselor intern 52
90	90	each applicant who the board certifies has met all of the 53
91	91	following criteria: 54
92	92	(a) Completed the application form and remitted a 55
93	93	nonrefundable application fee not to exceed $200, as set by 56
94	94	board rule. 57
95	95	(b) Submitted to background screening in accordance with 58
96	96	s. 456.0135. 59
97	97	(c)1. Completed the education requirements as specified in 60
98	98	s. 491.005(1)(d), (3)(d), or (4)(d) for the profession for which 61
99	99	he or she is applying for licensure, if needed; and 62
100	100	2. Submitted an acceptable supervision plan, as determined 63
101	101	by the board, for meeting the practicum, internship, or field 64
102	102	work required for licensur e that was not satisfied in his or her 65
103	103	graduate program. 66
104	104	(d) Identified a qualified supervisor. 67
105	105	(3) An individual registered under this section must 68
106	106	remain under supervision while practicing under registered 69
107	107	associate intern status. 70
108	108	(4) An individual who fails to comply with this section 71
109	109	may not be granted a full license under this chapter, and any 72
110	110	time spent by the individual completing the experience 73
111	111	requirement as specified in s. 491.005(1)(d), (3)(d), or (4)(d) 74
112	112	before registering as an associate intern does not count toward 75
113	113
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121	121	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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125	125	completion of the requirement. 76
126	126	(5) An associate intern registration is valid for 5 years. 77
127	127	(6) Any registration issued after March 31, 2017, expires 78
128	128	60 months after the date it is issued. The board may make a one-79
129	129	time exception to the requirements of this subsection in 80
130	130	emergency or hardship cases, as defined by board rule, if the 81
131	131	candidate has passed the theory and practice examination 82
132	132	described in s. 491.005(1)(e), (3)(e), and (4)(e). 83
133	133	(7) An individual who has held a provisional license 84
134	134	issued by the board may not apply for an associate intern 85
135	135	registration in the same profession. 86
136	136	Section 3. Paragraph (d) of subsection (1), paragraph (d) 87
137	137	of subsection (3), and paragraphs (c) and (d) of subsection (4) 88
138	138	of section 491.005, Florida Statutes, as amended by section 39 89
139	139	of chapter 2024-243, Laws of Florida, are amended to read: 90
140	140	491.005 Licensure by examination. — 91
141	141	(1) CLINICAL SOCIAL WORK. —Upon verification of 92
142	142	documentation and payment of a fee not to exceed $2 00, as set by 93
143	143	board rule, the department shall issue a license as a clinical 94
144	144	social worker to an applicant whom the board certifies has met 95
145	145	all of the following criteria: 96
146	146	(d) Completed at least 2 years of clinical social work 97
147	147	experience, which took place subsequent to completion of a 98
148	148	graduate degree in social work at an institution meeting the 99
149	149	accreditation requirements of this section, under the 100
150	150
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158	158	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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160	160
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162	162	supervision of a licensed clinical social worker or the 101
163	163	equivalent who is a qualified supervisor as determined by the 102
164	164	board. An individual who intends to practice in Florida to 103
165	165	satisfy clinical experience requirements must register pursuant 104
166	166	to s. 491.0045 before commencing practice. If the applicant's 105
167	167	graduate program was not a program that which emphasized direct 106
168	168	clinical patient or client health care services as described in 107
169	169	subparagraph (c)2., the supervised experience requirement must 108
170	170	take place after the applicant has completed a minimum of 15 109
171	171	semester hours or 22 quarter hours of the coursework required. A 110
172	172	doctoral internship may be applied toward the clinical social 111
173	173	work experience requirement. A licensed mental health 112
174	174	professional must be on the premises when clinical services are 113
175	175	provided by a registered intern in a private practice setting. 114
176	176	(3) MARRIAGE AND FAMILY THERAPY.—Upon verification of 115
177	177	documentation and payment of a fee not to exceed $200, as set by 116
178	178	board rule, the department shall issue a license as a marriage 117
179	179	and family therapist to an applicant whom the board certifies 118
180	180	has met all of the follow ing criteria: 119
181	181	(d) Completed at least 2 years of clinical experience 120
182	182	during which 50 percent of the applicant's clients were 121
183	183	receiving marriage and family therapy services, which must be at 122
184	184	the post-master's level under the supervision of a licensed 123
185	185	marriage and family therapist with at least 5 years of 124
186	186	experience, or the equivalent, who is a qualified supervisor as 125
187	187
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195	195	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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197	197
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199	199	determined by the board. An individual who intends to practice 126
200	200	in Florida to satisfy the clinical experience requirements must 127
201	201	register pursuant to s. 491.0045 before commencing practice. If 128
202	202	a graduate has a master's degree with a major emphasis in 129
203	203	marriage and family therapy or a closely related field which did 130
204	204	not include all of the coursework required by paragraph (c), 131
205	205	credit for the post-master's level clinical experience may not 132
206	206	commence until the applicant has completed a minimum of 10 of 133
207	207	the courses required by paragraph (c), as determined by the 134
208	208	board, and at least 6 semester hours or 9 quarter hours of the 135
209	209	course credits must have been c ompleted in the area of marriage 136
210	210	and family systems, theories, or techniques. Within the 2 years 137
211	211	of required experience, the applicant must shall provide direct 138
212	212	individual, group, or family therapy and counseling to cases 139
213	213	including those involving unmarrie d dyads, married couples, 140
214	214	separating and divorcing couples, and family groups that include 141
215	215	children. A doctoral internship may be applied toward the 142
216	216	clinical experience requirement. A licensed mental health 143
217	217	professional must be on the premises when clinica l services are 144
218	218	provided by a registered intern in a private practice setting. 145
219	219	146
220	220	For the purposes of dual licensure, the department shall license 147
221	221	as a marriage and family therapist any person who meets the 148
222	222	requirements of s. 491.0057. Fees for dual licensure may not 149
223	223	exceed those stated in this subsection. 150
224	224
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232	232	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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236	236	(4) MENTAL HEALTH COUNSELING. —Upon verification of 151
237	237	documentation and payment of a fee not to exceed $200, as set by 152
238	238	board rule, the department shall issue a license as a mental 153
239	239	health counselor to an appli cant whom the board certifies has 154
240	240	met all of the following criteria: 155
241	241	(c)1. Attained a minimum of an earned master's degree from 156
242	242	a mental health counseling program accredited by the Council for 157
243	243	the Accreditation of Counseling and Related Educational Progr ams 158
244	244	which consists of at least 60 semester hours or 80 quarter hours 159
245	245	of clinical and didactic instruction, including a course in 160
246	246	human sexuality and a course in substance abuse. If the master's 161
247	247	degree is earned from a program related to the practice of 162
248	248	mental health counseling which is not accredited by the Council 163
249	249	for the Accreditation of Counseling and Related Educational 164
250	250	Programs, then the coursework and practicum, internship, or 165
251	251	fieldwork must consist of at least 60 semester hours or 80 166
252	252	quarter hours and meet all of the following requirements: 167
253	253	a. Thirty-three semester hours or 44 quarter hours of 168
254	254	graduate coursework, which must include a minimum of 3 semester 169
255	255	hours or 4 quarter hours of graduate -level coursework in each of 170
256	256	the following 11 content area s: counseling theories and 171
257	257	practice; human growth and development; diagnosis and treatment 172
258	258	of psychopathology; human sexuality; group theories and 173
259	259	practice; individual evaluation and assessment; career and 174
260	260	lifestyle assessment; research and program evaluat ion; social 175
261	261
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269	269	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
270	270
271	271
272	272
273	273	and cultural foundations; substance abuse; and legal, ethical, 176
274	274	and professional standards issues in the practice of mental 177
275	275	health counseling. Courses in research, thesis or dissertation 178
276	276	work, practicums, internships, or fieldwork may not be app lied 179
277	277	toward this requirement. 180
278	278	b. A minimum of 3 semester hours or 4 quarter hours of 181
279	279	graduate-level coursework addressing diagnostic processes, 182
280	280	including differential diagnosis and the use of the current 183
281	281	diagnostic tools, such as the current edition of t he American 184
282	282	Psychiatric Association's Diagnostic and Statistical Manual of 185
283	283	Mental Disorders. The graduate program must have emphasized the 186
284	284	common core curricular experience. 187
285	285	c. The equivalent, as determined by the board, of at least 188
286	286	700 hours of universi ty-sponsored supervised clinical practicum, 189
287	287	internship, or field experience that includes at least 280 hours 190
288	288	of direct client services, as required in the accrediting 191
289	289	standards of the Council for Accreditation of Counseling and 192
290	290	Related Educational Programs for mental health counseling 193
291	291	programs. This experience may not be used to satisfy the post -194
292	292	master's clinical experience requirement. 195
293	293	2. Provided additional documentation if a course title 196
294	294	that appears on the applicant's transcript does not clearly 197
295	295	identify the content of the coursework. The documentation must 198
296	296	include, but is not limited to, a syllabus or catalog 199
297	297	description published for the course. 200
298	298
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306	306	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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311	311	Education and training in mental health counseling must have 202
312	312	been received in an institution of higher ed ucation that, at the 203
313	313	time the applicant graduated, was fully accredited by an 204
314	314	institutional accrediting body recognized by the Council for 205
315	315	Higher Education Accreditation or its successor organization or 206
316	316	was a member in good standing with Universities Canad a, or an 207
317	317	institution of higher education located outside the United 208
318	318	States and Canada which, at the time the applicant was enrolled 209
319	319	and at the time the applicant graduated, maintained a standard 210
320	320	of training substantially equivalent to the standards of 211
321	321	training of those institutions in the United States which are 212
322	322	accredited by an institutional accrediting body recognized by 213
323	323	the Council for Higher Education Accreditation or its successor 214
324	324	organization. Such foreign education and training must have been 215
325	325	received in an institution or program of higher education 216
326	326	officially recognized by the government of the country in which 217
327	327	it is located as an institution or program to train students to 218
328	328	practice as mental health counselors. The applicant has the 219
329	329	burden of establishing that the requirements of this provision 220
330	330	have been met, and the board shall require documentation, such 221
331	331	as an evaluation by a foreign equivalency determination service, 222
332	332	as evidence that the applicant's graduate degree program and 223
333	333	education were equiva lent to an accredited program in this 224
334	334	country. Beginning July 1, 2025, an applicant must have a 225
335	335
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343	343	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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347	347	master's degree from a program that is accredited by the Council 226
348	348	for Accreditation of Counseling and Related Educational 227
349	349	Programs, the Masters in Psychology and Counseling Accreditation 228
350	350	Council, or an equivalent accrediting body which consists of at 229
351	351	least 60 semester hours or 80 quarter hours to apply for 230
352	352	licensure under this paragraph. 231
353	353	(d) Completed at least 2 years of clinical experience in 232
354	354	mental health counseling, which must be at the post -master's 233
355	355	level under the supervision of a licensed mental health 234
356	356	counselor or the equivalent who is a qualified supervisor as 235
357	357	determined by the board. An individual who intends to practice 236
358	358	in Florida to satisfy the clinica l experience requirements must 237
359	359	register pursuant to s. 491.0045 before commencing practice. If 238
360	360	a graduate has a master's degree with a major related to the 239
361	361	practice of mental health counseling which did not include all 240
362	362	the coursework required under sub -subparagraphs (c)1.a. and b., 241
363	363	credit for the post-master's level clinical experience may not 242
364	364	commence until the applicant has completed a minimum of seven of 243
365	365	the courses required under sub -subparagraphs (c)1.a. and b., as 244
366	366	determined by the board, one of which must be a course in 245
367	367	psychopathology or abnormal psychology. A doctoral internship 246
368	368	may be applied toward the clinical experience requirement. A 247
369	369	licensed mental health professional must be on the premises when 248
370	370	clinical services are provided by a registered intern in a 249
371	371	private practice setting. 250
372	372
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380	380	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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384	384	Section 4. Paragraphs (f), (n), (o), (p), (r), (s), and 251
385	385	(u) of subsection (1) of section 491.009, Florida Statutes, are 252
386	386	amended to read: 253
387	387	491.009 Discipline. — 254
388	388	(1) The following acts constitute grounds for denial of a 255
389	389	license or disciplinary action, as specified in s. 456.072(2) or 256
390	390	s. 491.017: 257
391	391	(f) Maintaining a professional association with any person 258
392	392	who the applicant, licensee, registered associate intern, or 259
393	393	certificateholder knows, or has reason to believe, is in 260
394	394	violation of this chapter or of a rule of the department or the 261
395	395	board. 262
396	396	(n) Failing to make available to a patient or client, upon 263
397	397	written request, copies of tests, reports, or documents in the 264
398	398	possession or under the control of the licensee, regist ered 265
399	399	associate intern, or certificateholder which have been prepared 266
400	400	for and paid for by the patient or client. 267
401	401	(o) Failing to respond within 30 days to a written 268
402	402	communication from the department or the board concerning any 269
403	403	investigation by the departme nt or the board, or failing to make 270
404	404	available any relevant records with respect to any investigation 271
405	405	about the licensee's, registered associate's intern's, or 272
406	406	certificateholder's conduct or background. 273
407	407	(p) Being unable to practice the profession for which he 274
408	408	or she is licensed, registered, or certified under this chapter 275
409	409
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417	417	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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421	421	with reasonable skill or competence as a result of any mental or 276
422	422	physical condition or by reason of illness; drunkenness; or 277
423	423	excessive use of drugs, narcotics, chemicals, or any other 278
424	424	substance. In enforcing this paragraph, upon a finding by the 279
425	425	State Surgeon General, the State Surgeon General's designee, or 280
426	426	the board that probable cause exists to believe that the 281
427	427	licensee, registered associate intern, or certificateholder is 282
428	428	unable to practice the profession because of the reasons stated 283
429	429	in this paragraph, the department shall have the authority to 284
430	430	compel a licensee, registered associate intern, or 285
431	431	certificateholder to submit to a mental or physical examination 286
432	432	by psychologists, physicians, or other licensees under this 287
433	433	chapter, designated by the department or board. If the licensee, 288
434	434	registered associate intern, or certificateholder refuses to 289
435	435	comply with such order, the department's orde r directing the 290
436	436	examination may be enforced by filing a petition for enforcement 291
437	437	in the circuit court in the circuit in which the licensee, 292
438	438	registered associate intern, or certificateholder resides or 293
439	439	does business. The licensee, registered associate intern, or 294
440	440	certificateholder against whom the petition is filed may not be 295
441	441	named or identified by initials in any public court records or 296
442	442	documents, and the proceedings must shall be closed to the 297
443	443	public. The department is shall be entitled to the summary 298
444	444	procedure provided in s. 51.011. A licensee, registered 299
445	445	associate intern, or certificateholder affected under this 300
446	446
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454	454	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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458	458	paragraph must, shall at reasonable intervals , be afforded an 301
459	459	opportunity to demonstrate that he or she can resume the 302
460	460	competent practice for whic h he or she is licensed, registered, 303
461	461	or certified with reasonable skill and safety to patients. 304
462	462	(r) Failing to meet the minimum standards of performance 305
463	463	in professional activities when measured against generally 306
464	464	prevailing peer performance, including the undertaking of 307
465	465	activities for which the licensee, registered associate intern, 308
466	466	or certificateholder is not qualified by training or experience. 309
467	467	(s) Delegating professional responsibilities to a person 310
468	468	who the licensee, registered associate intern, or 311
469	469	certificateholder knows or has reason to know is not qualified 312
470	470	by training or experience to perform such responsibilities. 313
471	471	(u) Failure of the licensee, registered associate intern, 314
472	472	or certificateholder to maintain in confidence a communication 315
473	473	made by a patient or client in the context of such services, 316
474	474	except as provided in s. 491.0147. 317
475	475	Section 5. Paragraphs (i) through (l) of subsection (1) of 318
476	476	section 491.012, Florida Statutes, are amended to read: 319
477	477	491.012 Violations; penalty; injunction. — 320
478	478	(1) It is unlawful and a violation of this chapter for any 321
479	479	person to: 322
480	480	(i) Practice clinical social work in this state for 323
481	481	compensation, unless the person holds a valid, active license to 324
482	482	practice clinical social work issued under pursuant to this 325
483	483
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491	491	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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493	493
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495	495	chapter or is an associate intern registered pursuant to s. 326
496	496	491.0045. 327
497	497	(j) Practice marriage and family therapy in this state for 328
498	498	compensation, unless the person holds a valid, active license to 329
499	499	practice marriage and family therapy issued under pursuant to 330
500	500	this chapter or is an associate intern registered pursuant to s. 331
501	501	491.0045. 332
502	502	(k) Practice mental health counseling in this state for 333
503	503	compensation, unless the person holds a valid, active license to 334
504	504	practice mental health counseling issued under pursuant to this 335
505	505	chapter or is an associate intern registered pursuant to s. 336
506	506	491.0045. 337
507	507	(l) Use the following titles or any combination thereof, 338
508	508	unless he or she holds a valid registration as an associate 339
509	509	intern issued under pursuant to this chapter: 340
510	510	1. "Registered associate clinical social worker intern." 341
511	511	2. "Registered associate marriage and family therapist 342
512	512	intern." 343
513	513	3. "Registered associate mental health counselor intern." 344
514	514	Section 6. Paragraph (c) of subsection (4) of section 345
515	515	491.014, Florida Statutes, is amended to read: 346
516	516	491.014 Exemptions. — 347
517	517	(4) No person shall be required to be licensed, 348
518	518	provisionally licensed, registered, or certified under this 349
519	519	chapter who: 350
520	520
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525	525	CODING: Words stricken are deletions; words underlined are additions.
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528	528	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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530	530
531	531
532	532	(c) Is a student providing services regulated under this 351
533	533	chapter who is pursuing a cours e of study which leads to a 352
534	534	degree in a profession regulated by this chapter, is providing 353
535	535	services in a training setting, provided such services and 354
536	536	associated activities constitute part of a supervised course of 355
537	537	study, and is designated by the title "stu dent associate 356
538	538	intern." 357
539	539	Section 7. Subsection (2) of section 491.0149, Florida 358
540	540	Statutes, is amended to read: 359
541	541	491.0149 Display of license; use of professional title on 360
542	542	promotional materials. — 361
543	543	(2)(a) A person registered under this chapter as an 362
544	544	associate a clinical social worker intern, an associate marriage 363
545	545	and family therapist intern, or an associate mental health 364
546	546	counselor intern shall conspicuously display the valid 365
547	547	registration issued by the department or a true copy thereof at 366
548	548	each location at which the registered associate intern is 367
549	549	completing the experience requirements. 368
550	550	(b) A registered associate clinical social worker intern 369
551	551	shall include the words "registered associate clinical social 370
552	552	worker intern," a registered associate marriage and family 371
553	553	therapist intern shall include the words "registered associate 372
554	554	marriage and family therapist intern," and a registered 373
555	555	associate mental health counselor intern shall include the words 374
556	556	"registered associate mental health counselor intern" on all 375
557	557
558	558	HB 361 2025
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560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
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565	565	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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569	569	promotional materials, including cards, brochures, stationery, 376
570	570	advertisements, and signs, naming the registered associate 377
571	571	intern. 378
572	572	Section 8. This act shall take effect July 1, 2025. 379