Bill Text: FL S0122 | 2025 | Regular Session | Introduced
Bill Title: Mental Health Professionals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-15 - Referred to Health Policy; Children, Families, and Elder Affairs; Rules [S0122 Detail]
Download: Florida-2025-S0122-Introduced.html
Florida Senate - 2025 SB 122
By Senator Burgess
23-00361-25 2025122__
1 A bill to be entitled
2 An act relating to mental health professionals;
3 amending s. 491.003, F.S.; revising definitions;
4 amending s. 491.0045, F.S.; reclassifying intern
5 registrations as associate registrations for the
6 professions of clinical social work, marriage and
7 family therapy, and mental health counseling; amending
8 s. 491.005, F.S.; deleting the requirement that a
9 licensed mental health professional be present on the
10 premises when registered associates, formerly
11 classified as registered interns, are providing
12 clinical services in a private practice setting;
13 amending ss. 491.009, 491.012, 491.014, and 491.0149,
14 F.S.; conforming provisions to changes made by the
15 act; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsections (15), (16), and (17) of section
20 491.003, Florida Statutes, as amended by section 42 of chapter
21 2024-243, Laws of Florida, are amended to read:
22 491.003 Definitions.—As used in this chapter:
23 (15) “Registered associate clinical social worker intern”
24 means a person registered under this chapter who is completing
25 the postgraduate clinical social work experience requirement
26 specified in s. 491.005(1)(d).
27 (16) “Registered associate marriage and family therapist
28 intern” means a person registered under this chapter who is
29 completing the post-master’s clinical experience requirement
30 specified in s. 491.005(3)(d).
31 (17) “Registered associate mental health counselor intern”
32 means a person registered under this chapter who is completing
33 the post-master’s clinical experience requirement specified in
34 s. 491.005(4)(d).
35 Section 2. Section 491.0045, Florida Statutes, as amended
36 by section 37 of chapter 2024-243, Laws of Florida, is amended
37 to read:
38 491.0045 Associate Intern registration; requirements.—
39 (1) An individual who has not satisfied the postgraduate or
40 post-master’s level experience requirements, as specified in s.
41 491.005(1)(d), (3)(d), or (4)(d), must register as an associate
42 intern in the profession for which he or she is seeking full
43 licensure before commencing the post-master’s experience
44 requirement or an individual who intends to satisfy part of the
45 required graduate-level practicum, internship, or field
46 experience, outside the academic arena for any profession, and
47 must register as an associate intern in the profession for which
48 he or she is seeking full licensure before commencing the
49 practicum, internship, or field experience.
50 (2) The department shall register as an associate a
51 clinical social worker intern, an associate marriage and family
52 therapist intern, or an associate mental health counselor intern
53 each applicant who the board certifies has met all of the
54 following criteria:
55 (a) Completed the application form and remitted a
56 nonrefundable application fee not to exceed $200, as set by
57 board rule.
58 (b) Submitted to background screening in accordance with s.
59 456.0135.
60 (c)1. Completed the education requirements as specified in
61 s. 491.005(1)(d), (3)(d), or (4)(d) for the profession for which
62 he or she is applying for licensure, if needed; and
63 2. Submitted an acceptable supervision plan, as determined
64 by the board, for meeting the practicum, internship, or field
65 work required for licensure that was not satisfied in his or her
66 graduate program.
67 (d) Identified a qualified supervisor.
68 (3) An individual registered under this section must remain
69 under supervision while practicing under registered associate
70 intern status.
71 (4) An individual who fails to comply with this section may
72 not be granted a full license under this chapter, and any time
73 spent by the individual completing the experience requirement as
74 specified in s. 491.005(1)(d), (3)(d), or (4)(d) before
75 registering as an associate intern does not count toward
76 completion of the requirement.
77 (5) An associate intern registration is valid for 5 years.
78 (6) Any registration issued after March 31, 2017, expires
79 60 months after the date it is issued. The board may make a one
80 time exception to the requirements of this subsection in
81 emergency or hardship cases, as defined by board rule, if the
82 candidate has passed the theory and practice examination
83 described in s. 491.005(1)(e), (3)(e), and (4)(e).
84 (7) An individual who has held a provisional license issued
85 by the board may not apply for an associate intern registration
86 in the same profession.
87 Section 3. Paragraph (d) of subsection (1), paragraph (d)
88 of subsection (3), and paragraphs (c) and (d) of subsection (4)
89 of section 491.005, Florida Statutes, as amended by section 39
90 of chapter 2024-243, Laws of Florida, are amended to read:
91 491.005 Licensure by examination.—
92 (1) CLINICAL SOCIAL WORK.—Upon verification of
93 documentation and payment of a fee not to exceed $200, as set by
94 board rule, the department shall issue a license as a clinical
95 social worker to an applicant whom the board certifies has met
96 all of the following criteria:
97 (d) Completed at least 2 years of clinical social work
98 experience, which took place subsequent to completion of a
99 graduate degree in social work at an institution meeting the
100 accreditation requirements of this section, under the
101 supervision of a licensed clinical social worker or the
102 equivalent who is a qualified supervisor as determined by the
103 board. An individual who intends to practice in Florida to
104 satisfy clinical experience requirements must register pursuant
105 to s. 491.0045 before commencing practice. If the applicant’s
106 graduate program was not a program that which emphasized direct
107 clinical patient or client health care services as described in
108 subparagraph (c)2., the supervised experience requirement must
109 take place after the applicant has completed a minimum of 15
110 semester hours or 22 quarter hours of the coursework required. A
111 doctoral internship may be applied toward the clinical social
112 work experience requirement. A licensed mental health
113 professional must be on the premises when clinical services are
114 provided by a registered intern in a private practice setting.
115 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
116 documentation and payment of a fee not to exceed $200, as set by
117 board rule, the department shall issue a license as a marriage
118 and family therapist to an applicant whom the board certifies
119 has met all of the following criteria:
120 (d) Completed at least 2 years of clinical experience
121 during which 50 percent of the applicant’s clients were
122 receiving marriage and family therapy services, which must be at
123 the post-master’s level under the supervision of a licensed
124 marriage and family therapist with at least 5 years of
125 experience, or the equivalent, who is a qualified supervisor as
126 determined by the board. An individual who intends to practice
127 in Florida to satisfy the clinical experience requirements must
128 register pursuant to s. 491.0045 before commencing practice. If
129 a graduate has a master’s degree with a major emphasis in
130 marriage and family therapy or a closely related field which did
131 not include all of the coursework required by paragraph (c),
132 credit for the post-master’s level clinical experience may not
133 commence until the applicant has completed a minimum of 10 of
134 the courses required by paragraph (c), as determined by the
135 board, and at least 6 semester hours or 9 quarter hours of the
136 course credits must have been completed in the area of marriage
137 and family systems, theories, or techniques. Within the 2 years
138 of required experience, the applicant must shall provide direct
139 individual, group, or family therapy and counseling to cases
140 including those involving unmarried dyads, married couples,
141 separating and divorcing couples, and family groups that include
142 children. A doctoral internship may be applied toward the
143 clinical experience requirement. A licensed mental health
144 professional must be on the premises when clinical services are
145 provided by a registered intern in a private practice setting.
146
147 For the purposes of dual licensure, the department shall license
148 as a marriage and family therapist any person who meets the
149 requirements of s. 491.0057. Fees for dual licensure may not
150 exceed those stated in this subsection.
151 (4) MENTAL HEALTH COUNSELING.—Upon verification of
152 documentation and payment of a fee not to exceed $200, as set by
153 board rule, the department shall issue a license as a mental
154 health counselor to an applicant whom the board certifies has
155 met all of the following criteria:
156 (c)1. Attained a minimum of an earned master’s degree from
157 a mental health counseling program accredited by the Council for
158 the Accreditation of Counseling and Related Educational Programs
159 which consists of at least 60 semester hours or 80 quarter hours
160 of clinical and didactic instruction, including a course in
161 human sexuality and a course in substance abuse. If the master’s
162 degree is earned from a program related to the practice of
163 mental health counseling which is not accredited by the Council
164 for the Accreditation of Counseling and Related Educational
165 Programs, then the coursework and practicum, internship, or
166 fieldwork must consist of at least 60 semester hours or 80
167 quarter hours and meet all of the following requirements:
168 a. Thirty-three semester hours or 44 quarter hours of
169 graduate coursework, which must include a minimum of 3 semester
170 hours or 4 quarter hours of graduate-level coursework in each of
171 the following 11 content areas: counseling theories and
172 practice; human growth and development; diagnosis and treatment
173 of psychopathology; human sexuality; group theories and
174 practice; individual evaluation and assessment; career and
175 lifestyle assessment; research and program evaluation; social
176 and cultural foundations; substance abuse; and legal, ethical,
177 and professional standards issues in the practice of mental
178 health counseling. Courses in research, thesis or dissertation
179 work, practicums, internships, or fieldwork may not be applied
180 toward this requirement.
181 b. A minimum of 3 semester hours or 4 quarter hours of
182 graduate-level coursework addressing diagnostic processes,
183 including differential diagnosis and the use of the current
184 diagnostic tools, such as the current edition of the American
185 Psychiatric Association’s Diagnostic and Statistical Manual of
186 Mental Disorders. The graduate program must have emphasized the
187 common core curricular experience.
188 c. The equivalent, as determined by the board, of at least
189 700 hours of university-sponsored supervised clinical practicum,
190 internship, or field experience that includes at least 280 hours
191 of direct client services, as required in the accrediting
192 standards of the Council for Accreditation of Counseling and
193 Related Educational Programs for mental health counseling
194 programs. This experience may not be used to satisfy the post
195 master’s clinical experience requirement.
196 2. Provided additional documentation if a course title that
197 appears on the applicant’s transcript does not clearly identify
198 the content of the coursework. The documentation must include,
199 but is not limited to, a syllabus or catalog description
200 published for the course.
201
202 Education and training in mental health counseling must have
203 been received in an institution of higher education that, at the
204 time the applicant graduated, was fully accredited by an
205 institutional accrediting body recognized by the Council for
206 Higher Education Accreditation or its successor organization or
207 was a member in good standing with Universities Canada, or an
208 institution of higher education located outside the United
209 States and Canada which, at the time the applicant was enrolled
210 and at the time the applicant graduated, maintained a standard
211 of training substantially equivalent to the standards of
212 training of those institutions in the United States which are
213 accredited by an institutional accrediting body recognized by
214 the Council for Higher Education Accreditation or its successor
215 organization. Such foreign education and training must have been
216 received in an institution or program of higher education
217 officially recognized by the government of the country in which
218 it is located as an institution or program to train students to
219 practice as mental health counselors. The applicant has the
220 burden of establishing that the requirements of this provision
221 have been met, and the board shall require documentation, such
222 as an evaluation by a foreign equivalency determination service,
223 as evidence that the applicant’s graduate degree program and
224 education were equivalent to an accredited program in this
225 country. Beginning July 1, 2025, an applicant must have a
226 master’s degree from a program that is accredited by the Council
227 for Accreditation of Counseling and Related Educational
228 Programs, the Masters in Psychology and Counseling Accreditation
229 Council, or an equivalent accrediting body which consists of at
230 least 60 semester hours or 80 quarter hours to apply for
231 licensure under this paragraph.
232 (d) Completed at least 2 years of clinical experience in
233 mental health counseling, which must be at the post-master’s
234 level under the supervision of a licensed mental health
235 counselor or the equivalent who is a qualified supervisor as
236 determined by the board. An individual who intends to practice
237 in Florida to satisfy the clinical experience requirements must
238 register pursuant to s. 491.0045 before commencing practice. If
239 a graduate has a master’s degree with a major related to the
240 practice of mental health counseling which did not include all
241 the coursework required under sub-subparagraphs (c)1.a. and b.,
242 credit for the post-master’s level clinical experience may not
243 commence until the applicant has completed a minimum of seven of
244 the courses required under sub-subparagraphs (c)1.a. and b., as
245 determined by the board, one of which must be a course in
246 psychopathology or abnormal psychology. A doctoral internship
247 may be applied toward the clinical experience requirement. A
248 licensed mental health professional must be on the premises when
249 clinical services are provided by a registered intern in a
250 private practice setting.
251 Section 4. Paragraphs (f), (n), (o), (p), (r), (s), and (u)
252 of subsection (1) of section 491.009, Florida Statutes, are
253 amended to read:
254 491.009 Discipline.—
255 (1) The following acts constitute grounds for denial of a
256 license or disciplinary action, as specified in s. 456.072(2) or
257 s. 491.017:
258 (f) Maintaining a professional association with any person
259 who the applicant, licensee, registered associate intern, or
260 certificateholder knows, or has reason to believe, is in
261 violation of this chapter or of a rule of the department or the
262 board.
263 (n) Failing to make available to a patient or client, upon
264 written request, copies of tests, reports, or documents in the
265 possession or under the control of the licensee, registered
266 associate intern, or certificateholder which have been prepared
267 for and paid for by the patient or client.
268 (o) Failing to respond within 30 days to a written
269 communication from the department or the board concerning any
270 investigation by the department or the board, or failing to make
271 available any relevant records with respect to any investigation
272 about the licensee’s, registered associate’s intern’s, or
273 certificateholder’s conduct or background.
274 (p) Being unable to practice the profession for which he or
275 she is licensed, registered, or certified under this chapter
276 with reasonable skill or competence as a result of any mental or
277 physical condition or by reason of illness; drunkenness; or
278 excessive use of drugs, narcotics, chemicals, or any other
279 substance. In enforcing this paragraph, upon a finding by the
280 State Surgeon General, the State Surgeon General’s designee, or
281 the board that probable cause exists to believe that the
282 licensee, registered associate intern, or certificateholder is
283 unable to practice the profession because of the reasons stated
284 in this paragraph, the department shall have the authority to
285 compel a licensee, registered associate intern, or
286 certificateholder to submit to a mental or physical examination
287 by psychologists, physicians, or other licensees under this
288 chapter, designated by the department or board. If the licensee,
289 registered associate intern, or certificateholder refuses to
290 comply with such order, the department’s order directing the
291 examination may be enforced by filing a petition for enforcement
292 in the circuit court in the circuit in which the licensee,
293 registered associate intern, or certificateholder resides or
294 does business. The licensee, registered associate intern, or
295 certificateholder against whom the petition is filed may not be
296 named or identified by initials in any public court records or
297 documents, and the proceedings must shall be closed to the
298 public. The department is shall be entitled to the summary
299 procedure provided in s. 51.011. A licensee, registered
300 associate intern, or certificateholder affected under this
301 paragraph must, shall at reasonable intervals, be afforded an
302 opportunity to demonstrate that he or she can resume the
303 competent practice for which he or she is licensed, registered,
304 or certified with reasonable skill and safety to patients.
305 (r) Failing to meet the minimum standards of performance in
306 professional activities when measured against generally
307 prevailing peer performance, including the undertaking of
308 activities for which the licensee, registered associate intern,
309 or certificateholder is not qualified by training or experience.
310 (s) Delegating professional responsibilities to a person
311 who the licensee, registered associate intern, or
312 certificateholder knows or has reason to know is not qualified
313 by training or experience to perform such responsibilities.
314 (u) Failure of the licensee, registered associate intern,
315 or certificateholder to maintain in confidence a communication
316 made by a patient or client in the context of such services,
317 except as provided in s. 491.0147.
318 Section 5. Paragraphs (i) through (l) of subsection (1) of
319 section 491.012, Florida Statutes, are amended to read:
320 491.012 Violations; penalty; injunction.—
321 (1) It is unlawful and a violation of this chapter for any
322 person to:
323 (i) Practice clinical social work in this state for
324 compensation, unless the person holds a valid, active license to
325 practice clinical social work issued under pursuant to this
326 chapter or is an associate intern registered pursuant to s.
327 491.0045.
328 (j) Practice marriage and family therapy in this state for
329 compensation, unless the person holds a valid, active license to
330 practice marriage and family therapy issued under pursuant to
331 this chapter or is an associate intern registered pursuant to s.
332 491.0045.
333 (k) Practice mental health counseling in this state for
334 compensation, unless the person holds a valid, active license to
335 practice mental health counseling issued under pursuant to this
336 chapter or is an associate intern registered pursuant to s.
337 491.0045.
338 (l) Use the following titles or any combination thereof,
339 unless he or she holds a valid registration as an associate
340 intern issued under pursuant to this chapter:
341 1. “Registered associate clinical social worker intern.”
342 2. “Registered associate marriage and family therapist
343 intern.”
344 3. “Registered associate mental health counselor intern.”
345 Section 6. Paragraph (c) of subsection (4) of section
346 491.014, Florida Statutes, is amended to read:
347 491.014 Exemptions.—
348 (4) No person shall be required to be licensed,
349 provisionally licensed, registered, or certified under this
350 chapter who:
351 (c) Is a student providing services regulated under this
352 chapter who is pursuing a course of study which leads to a
353 degree in a profession regulated by this chapter, is providing
354 services in a training setting, provided such services and
355 associated activities constitute part of a supervised course of
356 study, and is designated by the title “student associate
357 intern.”
358 Section 7. Subsection (2) of section 491.0149, Florida
359 Statutes, is amended to read:
360 491.0149 Display of license; use of professional title on
361 promotional materials.—
362 (2)(a) A person registered under this chapter as an
363 associate a clinical social worker intern, an associate marriage
364 and family therapist intern, or an associate mental health
365 counselor intern shall conspicuously display the valid
366 registration issued by the department or a true copy thereof at
367 each location at which the registered associate intern is
368 completing the experience requirements.
369 (b) A registered associate clinical social worker intern
370 shall include the words “registered associate clinical social
371 worker intern,” a registered associate marriage and family
372 therapist intern shall include the words “registered associate
373 marriage and family therapist intern,” and a registered
374 associate mental health counselor intern shall include the words
375 “registered associate mental health counselor intern” on all
376 promotional materials, including cards, brochures, stationery,
377 advertisements, and signs, naming the registered associate
378 intern.
379 Section 8. This act shall take effect July 1, 2025.
