Bill Text: FL S1368 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Clinical, Counseling, and Psychotherapy Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Children, Families, and Elder Affairs [S1368 Detail]
Download: Florida-2013-S1368-Comm_Sub.html
Bill Title: Clinical, Counseling, and Psychotherapy Services
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2013-05-03 - Died in Children, Families, and Elder Affairs [S1368 Detail]
Download: Florida-2013-S1368-Comm_Sub.html
Florida Senate - 2013 CS for SB 1368
By the Committee on Health Policy; and Senator Ring
588-03964-13 20131368c1
1 A bill to be entitled
2 An act relating to clinical, counseling, and
3 psychotherapy services; amending s. 491.004, F.S.;
4 deleting an obsolete provision; conforming provisions;
5 amending s. 491.0045, F.S.; requiring registered
6 interns to remain under supervision while maintaining
7 registered intern status; providing for noncompliance;
8 providing for the expiration of intern registrations
9 and registered intern licenses; prohibiting specified
10 persons from applying for an intern registration;
11 amending s. 491.0046, F.S.; correcting cross
12 references; prohibiting specified persons from
13 applying for a provisional license; amending s.
14 491.005, F.S.; revising the requirements for a
15 clinical social worker license, a marriage and family
16 therapist license, and a mental health counselor
17 license; deleting a provision requiring certain
18 registered interns to be certified as having met
19 specified licensure requirements; amending s.
20 491.0057, F.S.; providing for future repeal of
21 provisions providing for dual licensure as a marriage
22 and family therapist; amending s. 491.006, F.S.;
23 revising requirements of licensure or certification by
24 endorsement; amending s. 491.007, F.S.; deleting a
25 provision providing certified master social workers a
26 limited exemption from continuing education
27 requirements; deleting a provision requiring the Board
28 of Clinical Social Work, Marriage and Family Therapy,
29 and Mental Health Counseling to establish a procedure
30 for the biennial renewal of intern registrations;
31 amending s. 491.009, F.S.; revising acts constituting
32 grounds for the denial of a license or disciplinary
33 action; authorizing the board and the Department of
34 Health to deny licensure or impose specified penalties
35 against an applicant or licensee for certain
36 violations; amending s. 491.0112, F.S.; revising a
37 provision providing that a psychotherapist who commits
38 sexual misconduct with a client or former client
39 commits a felony of the third degree; amending s.
40 491.012, F.S.; prohibiting a person from using the
41 title “mental health counselor coach” without a valid
42 mental health counselor license; deleting an obsolete
43 provision; amending s. 491.0145, F.S.; providing
44 certified master social workers a limited exemption
45 from continuing education requirements; amending s.
46 491.0149, F.S.; requiring the use of applicable
47 professional titles by licensees, provisional
48 licensees, and registrants on social media and other
49 specified materials; creating s. 491.017, F.S.;
50 providing a presumption of good faith for the actions
51 of a court-appointed mental health professional who
52 develops a parenting plan recommendation; prohibiting
53 anonymous complaints; providing prerequisites for a
54 parent to bring a suit against a mental health
55 professional; providing for the awarding of attorney
56 fees and court costs; providing an effective date.
57
58 Be It Enacted by the Legislature of the State of Florida:
59
60 Section 1. Subsections (3) through (7) of section 491.004,
61 Florida Statutes, are amended to read:
62 491.004 Board of Clinical Social Work, Marriage and Family
63 Therapy, and Mental Health Counseling.—
64 (3) No later than January 1, 1988, the Governor shall
65 appoint nine members of the board as follows:
66 (a) Three members for terms of 2 years each.
67 (b) Three members for terms of 3 years each.
68 (c) Three members for terms of 4 years each.
69 (3)(4) As the terms of the initial members expire, the
70 Governor shall appoint successors for terms of 4 years; and
71 those members shall serve until their successors are appointed.
72 (4)(5) The board shall adopt rules pursuant to ss.
73 120.536(1) and 120.54 to implement and enforce the provisions of
74 this chapter.
75 (5)(6) All applicable provisions of chapter 456 relating to
76 activities of regulatory boards shall apply to the board.
77 (6)(7) The board shall maintain its official headquarters
78 in the City of Tallahassee.
79 Section 2. Section 491.0045, Florida Statutes, is amended
80 to read:
81 491.0045 Intern registration; requirements.—
82 (1) Effective January 1, 1998, An individual who has not
83 satisfied intends to practice in Florida to satisfy the
84 postgraduate or post-master’s level experience requirements, as
85 specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
86 as an intern in the profession for which he or she is seeking
87 licensure before prior to commencing the post-master’s
88 experience requirement. or An individual who intends to satisfy
89 part of the required graduate-level practicum, internship, or
90 field experience, outside the academic arena for any profession,
91 must register as an intern in the profession for which he or she
92 is seeking licensure before prior to commencing the practicum,
93 internship, or field experience.
94 (2) The department shall register as a clinical social
95 worker intern, marriage and family therapist intern, or mental
96 health counselor intern each applicant who the board certifies
97 has:
98 (a) Completed the application form and remitted a
99 nonrefundable application fee not to exceed $200, as set by
100 board rule;
101 (b)1. Completed the education requirements as specified in
102 s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
103 he or she is applying for licensure, if needed; and
104 2. Submitted an acceptable supervision plan, as determined
105 by the board, for meeting the practicum, internship, or field
106 work required for licensure that was not satisfied in his or her
107 graduate program.
108 (c) Identified a qualified supervisor.
109 (3) An individual registered under this section must remain
110 under supervision while practicing under registered intern
111 status until he or she is in receipt of a license or a letter
112 from the department stating that he or she is licensed to
113 practice the profession for which he or she applied.
114 (4) An individual who has applied for intern registration
115 on or before December 31, 2001, and has satisfied the education
116 requirements of s. 491.005 that are in effect through December
117 31, 2000, will have met the educational requirements for
118 licensure for the profession for which he or she has applied.
119 (4)(5) Individuals who have commenced the experience
120 requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c)
121 but failed to register as required by subsection (1) shall
122 register with the department before January 1, 2000. Individuals
123 who fail to comply with this section subsection shall not be
124 granted a license under this chapter, and any time spent by the
125 individual completing the experience requirement as specified in
126 s. 491.005(1)(c), (3)(c), or (4)(c) before prior to registering
127 as an intern shall not count toward completion of the such
128 requirement.
129 (5) Intern registration shall be valid for 5 years. Any
130 subsequent intern registration shall be as a result of applying
131 for and meeting all requirements imposed on an applicant for
132 initial registration.
133 (6) A registered intern license issued before July 1, 2016,
134 shall expire 60 months after the date it was issued and may not
135 be renewed or reissued. Any subsequent intern registration shall
136 be issued at the discretion of the board.
137 (7) A person who has held a provisional license issued by
138 the board may not apply for an intern registration in the same
139 profession.
140 Section 3. Paragraph (c) of subsection (2) of section
141 491.0046, Florida Statutes, is amended, and subsection (5) is
142 added to that section, to read:
143 491.0046 Provisional license; requirements.—
144 (2) The department shall issue a provisional clinical
145 social worker license, provisional marriage and family therapist
146 license, or provisional mental health counselor license to each
147 applicant who the board certifies has:
148 (c) Has met the following minimum coursework requirements:
149 1. For clinical social work, a minimum of 15 semester hours
150 or 22 quarter hours of the coursework required by s.
151 491.005(1)(b)2.b.
152 2. For marriage and family therapy, 10 of the courses
153 required by s. 491.005(3)(b)1.a. 491.005(3)(b)1.a.-c., as
154 determined by the board, and at least 6 semester hours or 9
155 quarter hours of the course credits must have been completed in
156 the area of marriage and family systems, theories, or
157 techniques.
158 3. For mental health counseling, a minimum of seven of the
159 courses required under s. 491.005(4)(b)1.a. 491.005(b)1.a.-c.
160 (5) A person who has held an intern registration issued by
161 the board may not apply for a provisional license in the same
162 profession.
163 Section 4. Section 491.005, Florida Statutes, is amended to
164 read:
165 491.005 Licensure by examination.—
166 (1) CLINICAL SOCIAL WORK.—Upon verification of
167 documentation and payment of a fee not to exceed $200, as set by
168 board rule, plus the actual per applicant cost to the department
169 for purchase of the examination from the American Association of
170 State Social Worker’s Boards or a similar national organization,
171 the department shall issue a license as a clinical social worker
172 to an applicant who the board certifies:
173 (a) Has submitted an made application therefor and paid the
174 appropriate fee.
175 (b)1. Has received a doctoral degree in social work from a
176 graduate school of social work which at the time the applicant
177 graduated was accredited by an accrediting agency recognized by
178 the United States Department of Education or has received a
179 master’s degree in social work from a graduate school of social
180 work which at the time the applicant graduated:
181 a. Was accredited by the Council on Social Work Education;
182 b. Was accredited by the Canadian Association of Schools of
183 Social Work; or
184 c. Has been determined to have been a program equivalent to
185 programs approved by the Council on Social Work Education by the
186 Foreign Equivalency Determination Service of the Council on
187 Social Work Education. An applicant who graduated from a program
188 at a university or college outside of the United States or
189 Canada must present documentation of the equivalency
190 determination from the council in order to qualify.
191 2. The applicant’s graduate program must have emphasized
192 direct clinical patient or client health care services,
193 including, but not limited to, coursework in clinical social
194 work, psychiatric social work, medical social work, social
195 casework, psychotherapy, or group therapy. The applicant’s
196 graduate program must have included all of the following
197 coursework:
198 a. A supervised field placement which was part of the
199 applicant’s advanced concentration in direct practice, during
200 which the applicant provided clinical services directly to
201 clients.
202 b. Completion of 24 semester hours or 32 quarter hours in
203 theory of human behavior and practice methods as courses in
204 clinically oriented services, including a minimum of one course
205 in psychopathology, and no more than one course in research,
206 taken in a school of social work accredited or approved pursuant
207 to subparagraph 1.
208 3. If the course title which appears on the applicant’s
209 transcript does not clearly identify the content of the
210 coursework, the applicant shall be required to provide
211 additional documentation, including, but not limited to, a
212 syllabus or catalog description published for the course.
213 (c) Has had at least not less than 2 years of clinical
214 social work experience, which took place subsequent to
215 completion of a graduate degree in social work at an institution
216 meeting the accreditation requirements of this section, under
217 the supervision of a licensed clinical social worker or the
218 equivalent who is a qualified supervisor as determined by the
219 board. An individual who intends to practice in Florida to
220 satisfy clinical experience requirements must register pursuant
221 to s. 491.0045 before prior to commencing practice. If the
222 applicant’s graduate program was not a program which emphasized
223 direct clinical patient or client health care services as
224 described in subparagraph (b)2., the supervised experience
225 requirement must take place after the applicant has completed a
226 minimum of 15 semester hours or 22 quarter hours of the
227 coursework required. A doctoral internship may be applied toward
228 the clinical social work experience requirement. A licensed
229 mental health professional must be on the premises when clinical
230 services are provided by a registered intern in a private
231 practice setting. A registered intern may not engage in his or
232 her own independent private practice. The experience requirement
233 may be met by work performed on or off the premises of the
234 supervising clinical social worker or the equivalent, provided
235 the off-premises work is not the independent private practice
236 rendering of clinical social work that does not have a licensed
237 mental health professional, as determined by the board, on the
238 premises at the same time the intern is providing services.
239 (d) Has passed a theory and practice examination provided
240 by the department for this purpose.
241 (e) Has demonstrated, in a manner designated by rule of the
242 board, knowledge of the laws and rules governing the practice of
243 clinical social work, marriage and family therapy, and mental
244 health counseling.
245 (2) CLINICAL SOCIAL WORK.—
246 (a) Notwithstanding the provisions of paragraph (1)(b),
247 coursework which was taken at a baccalaureate level shall not be
248 considered toward completion of education requirements for
249 licensure unless an official of the graduate program certifies
250 in writing on the graduate school’s stationery that a specific
251 course, which students enrolled in the same graduate program
252 were ordinarily required to complete at the graduate level, was
253 waived or exempted based on completion of a similar course at
254 the baccalaureate level. If this condition is met, the board
255 shall apply the baccalaureate course named toward the education
256 requirements.
257 (b) An applicant from a master’s or doctoral program in
258 social work which did not emphasize direct patient or client
259 services may complete the clinical curriculum content
260 requirement by returning to a graduate program accredited by the
261 Council on Social Work Education or the Canadian Association of
262 Schools of Social Work, or to a clinical social work graduate
263 program with comparable standards, in order to complete the
264 education requirements for examination. However, a maximum of 6
265 semester or 9 quarter hours of the clinical curriculum content
266 requirement may be completed by credit awarded for independent
267 study coursework as defined by board rule.
268 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
269 documentation and payment of a fee not to exceed $200, as set by
270 board rule, plus the actual cost to the department for the
271 purchase of the examination from the Association of Marital and
272 Family Therapy Regulatory Board, or its successor similar
273 national organization, the department shall issue a license as a
274 marriage and family therapist to an applicant who the board
275 certifies:
276 (a) Has submitted an made application therefor and paid the
277 appropriate fee.
278 (b)1. Has a minimum of a master’s degree from a program
279 accredited by the Commission on Accreditation for Marriage and
280 Family Therapy Education, from a mental health counseling
281 program with a marriage and family track from a university in
282 this state accredited by the Council for the Accreditation of
283 Counseling and Related Educational Programs, from a program
284 accepted by the board as meeting these coursework requirements
285 with major emphasis in marriage and family therapy, or a program
286 in a closely related field as determined by the board, and has
287 completed all of the following requirements:
288 a. Sixty Thirty-six semester hours or 80 48 quarter hours
289 of graduate coursework, which must include a minimum of 3
290 semester hours or 4 quarter hours of graduate-level coursework
291 course credits in each of the following nine areas: dynamics of
292 marriage and family systems; marriage therapy and counseling
293 theory and techniques; family therapy and counseling theory and
294 techniques; individual human development theories throughout the
295 life cycle; personality theory or general counseling theory and
296 techniques; psychopathology; human sexuality theory and
297 counseling techniques; psychosocial theory; and substance abuse
298 theory and counseling techniques; legal, ethical, and
299 professional standards issues in the practice of marriage and
300 family therapy; individual evaluation, assessment, and testing;
301 and behavioral research which focuses on the interpretation and
302 application of research data as it applies to clinical practice.
303 Courses in research, evaluation, appraisal, assessment, or
304 testing theories and procedures; thesis or dissertation work; or
305 practicums, internships, or fieldwork may not be applied toward
306 this requirement.
307 b. A minimum of one graduate-level course of 3 semester
308 hours or 4 quarter hours in legal, ethical, and professional
309 standards issues in the practice of marriage and family therapy
310 or a course determined by the board to be equivalent.
311 c. A minimum of one graduate-level course of 3 semester
312 hours or 4 quarter hours in diagnosis, appraisal, assessment,
313 and testing for individual or interpersonal disorder or
314 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
315 hour graduate-level course in behavioral research which focuses
316 on the interpretation and application of research data as it
317 applies to clinical practice. Credit for thesis or dissertation
318 work, practicums, internships, or fieldwork may not be applied
319 toward this requirement.
320 d. A minimum of one supervised clinical practicum,
321 internship, or field experience in a marriage and family
322 counseling setting, during which the student provided 400 180
323 direct client contact hours of marriage and family therapy
324 services under the supervision of an individual who met the
325 requirements for supervision under paragraph (c). This
326 requirement may be met by a supervised practice experience which
327 took place outside the academic arena, but which is certified as
328 equivalent to a graduate-level practicum or internship program
329 which required a minimum of 400 180 direct client contact hours
330 of marriage and family therapy services currently offered within
331 an academic program of a college or university accredited by an
332 accrediting agency approved by the United States Department of
333 Education, or an institution which is publicly recognized as a
334 member in good standing with the Association of Universities and
335 Colleges of Canada or a training institution accredited by the
336 Commission on Accreditation for Marriage and Family Therapy
337 Education recognized by the United States Department of
338 Education. Certification shall be required from an official of
339 such college, university, or training institution.
340 2. If the course title which appears on the applicant’s
341 transcript does not clearly identify the content of the
342 coursework, the applicant shall be required to provide
343 additional documentation, including, but not limited to, a
344 syllabus or catalog description published for the course.
345
346 The required master’s degree must have been received in an
347 institution of higher education which at the time the applicant
348 graduated was: fully accredited by a regional accrediting body
349 recognized by the Commission on Recognition of Postsecondary
350 Accreditation; publicly recognized as a member in good standing
351 with the Association of Universities and Colleges of Canada; or
352 an institution of higher education located outside the United
353 States and Canada, which at the time the applicant was enrolled
354 and at the time the applicant graduated maintained a standard of
355 training substantially equivalent to the standards of training
356 of those institutions in the United States which are accredited
357 by a regional accrediting body recognized by the Commission on
358 Recognition of Postsecondary Accreditation. Such foreign
359 education and training must have been received in an institution
360 or program of higher education officially recognized by the
361 government of the country in which it is located as an
362 institution or program to train students to practice as
363 professional marriage and family therapists or psychotherapists.
364 The burden of establishing that the requirements of this
365 provision have been met shall be upon the applicant, and the
366 board shall require documentation, such as, but not limited to,
367 an evaluation by a foreign equivalency determination service, as
368 evidence that the applicant’s graduate degree program and
369 education were equivalent to an accredited program in this
370 country. An applicant with a master’s degree from a program
371 which did not emphasize marriage and family therapy may complete
372 the coursework requirement in a training institution fully
373 accredited by the Commission on Accreditation for Marriage and
374 Family Therapy Education or the Council for Accreditation of
375 Counseling and Related Educational Programs recognized by the
376 United States Department of Education.
377 (c) Has had at least not less than 2 years of clinical
378 experience during which 50 percent of the applicant’s clients
379 were receiving marriage and family therapy services, which must
380 be at the post-master’s level under the supervision of a
381 licensed marriage and family therapist with at least 5 years of
382 experience, or the equivalent, who is a qualified supervisor as
383 determined by the board. An individual who intends to practice
384 in Florida to satisfy the clinical experience requirements must
385 register pursuant to s. 491.0045 before prior to commencing
386 practice. If a graduate has a master’s degree with a major
387 emphasis in marriage and family therapy or a closely related
388 field that did not include all the coursework required under
389 sub-subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., credit
390 for the post-master’s level clinical experience shall not
391 commence until the applicant has completed coursework in at
392 least a minimum of 10 of the areas courses required under sub
393 subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., as determined
394 by the board, and at least 6 semester hours or 9 quarter hours
395 of the course credits must have been completed in the area of
396 marriage and family systems, theories, or techniques. Within the
397 2 3 years of required experience, the applicant shall provide
398 direct individual, group, or family therapy and counseling, to
399 include the following categories of cases: unmarried dyads,
400 married couples, separating and divorcing couples, and family
401 groups including children. A doctoral internship may be applied
402 toward the clinical experience requirement. A licensed mental
403 health professional must be on the premises when clinical
404 services are provided by a registered intern in a private
405 practice setting. A registered intern may not engage in his or
406 her own independent private practice The clinical experience
407 requirement may be met by work performed on or off the premises
408 of the supervising marriage and family therapist or the
409 equivalent, provided the off-premises work is not the
410 independent private practice rendering of marriage and family
411 therapy services that does not have a licensed mental health
412 professional, as determined by the board, on the premises at the
413 same time the intern is providing services.
414 (d) Has passed a theory and practice examination designated
415 provided by the board department for this purpose.
416 (e) Has demonstrated, in a manner designated by rule of the
417 board, knowledge of the laws and rules governing the practice of
418 clinical social work, marriage and family therapy, and mental
419 health counseling as determined by the board.
420 (f) For the purposes of dual licensure, the department
421 shall license as a marriage and family therapist any person who
422 meets the requirements of s. 491.0057. Fees for dual licensure
423 shall not exceed those stated in this subsection. This paragraph
424 expires July 1, 2020.
425 (4) MENTAL HEALTH COUNSELING.—Upon verification of
426 documentation and payment of a fee not to exceed $200, as set by
427 board rule, plus the actual per applicant cost to the department
428 for purchase of the National Clinical Mental Health Counselor
429 Examination from the Professional Examination Service for the
430 National Academy of Certified Clinical Mental Health Counselors
431 or a similar national organization, an examination managed by
432 the National Board of Certified Counselors or its successor, the
433 department shall issue a license as a mental health counselor to
434 an applicant who the board certifies:
435 (a) Has submitted an made application therefor and paid the
436 appropriate fee.
437 (b)1. Has a minimum of an earned master’s degree from a
438 mental health counseling program accredited by the Council for
439 the Accreditation of Counseling and Related Educational Programs
440 that consists of at least 60 semester hours or 80 quarter hours
441 of clinical and didactic instruction, including a course in
442 human sexuality and a course in substance abuse. If the master’s
443 degree is earned from a program related to the practice of
444 mental health counseling that is not accredited by the Council
445 for the Accreditation of Counseling and Related Educational
446 Programs, then the coursework and practicum, internship, or
447 fieldwork must consist of at least 60 semester hours or 80
448 quarter hours and meet the following requirements:
449 a. Thirty-three semester hours or 44 quarter hours of
450 graduate coursework, which must include a minimum of 3 semester
451 hours or 4 quarter hours of graduate-level coursework in each of
452 the following 11 content areas: counseling theories and
453 practice; human growth and development; diagnosis and treatment
454 of psychopathology; human sexuality; group theories and
455 practice; individual evaluation and assessment; career and
456 lifestyle assessment; research and program evaluation; social
457 and cultural foundations; counseling in community settings; and
458 substance abuse; and legal, ethical, and professional standards
459 issues in the practice of mental health counseling. Courses in
460 research, thesis or dissertation work, practicums, internships,
461 or fieldwork may not be applied toward this requirement.
462 b. A minimum of 3 semester hours or 4 quarter hours of
463 graduate-level coursework in legal, ethical, and professional
464 standards issues in the practice of mental health counseling,
465 which includes goals, objectives, and practices of professional
466 counseling organizations, codes of ethics, legal considerations,
467 standards of preparation, certifications and licensing, and the
468 role identity and professional obligations of mental health
469 counselors. Courses in research, thesis or dissertation work,
470 practicums, internships, or fieldwork may not be applied toward
471 this requirement.
472 c. The equivalent, as determined by the board, of at least
473 700 1,000 hours of university-sponsored supervised clinical
474 practicum, internship, or field experience that includes at
475 least 280 hours of direct client services, as required in the
476 accrediting standards of the Council for Accreditation of
477 Counseling and Related Educational Programs for mental health
478 counseling programs. This experience may not be used to satisfy
479 the post-master’s clinical experience requirement.
480 2. If the course title which appears on the applicant’s
481 transcript does not clearly identify the content of the
482 coursework, the applicant shall be required to provide
483 additional documentation, including, but not limited to, a
484 syllabus or catalog description published for the course.
485
486 Education and training in mental health counseling must have
487 been received in an institution of higher education which at the
488 time the applicant graduated was: fully accredited by a regional
489 accrediting body recognized by the Council for Higher Education
490 or its successor Commission on Recognition of Postsecondary
491 Accreditation; publicly recognized as a member in good standing
492 with the Association of Universities and Colleges of Canada; or
493 an institution of higher education located outside the United
494 States and Canada, which at the time the applicant was enrolled
495 and at the time the applicant graduated maintained a standard of
496 training substantially equivalent to the standards of training
497 of those institutions in the United States which are accredited
498 by a regional accrediting body recognized by the Council for
499 Higher Education or its successor Commission on Recognition of
500 Postsecondary Accreditation. Such foreign education and training
501 must have been received in an institution or program of higher
502 education officially recognized by the government of the country
503 in which it is located as an institution or program to train
504 students to practice as mental health counselors. The burden of
505 establishing that the requirements of this provision have been
506 met shall be upon the applicant, and the board shall require
507 documentation, such as, but not limited to, an evaluation by a
508 foreign equivalency determination service, as evidence that the
509 applicant’s graduate degree program and education were
510 equivalent to an accredited program in this country. Effective
511 July 1, 2020, an applicant must have a master’s degree
512 accredited by the Council for Accreditation of Counseling and
513 Related Educational Programs consisting of at least 60 semester
514 hours or 80 quarter hours to apply for licensure under this
515 subsection. The applicant’s graduate program must have
516 emphasized the common core curricular experience to include at
517 least 3 semester hours or 4 quarter hours of coursework
518 specifically addressing the diagnostic process, including
519 differential diagnosis and the use of the current diagnostic
520 tools, such as the current edition of the Diagnostic and
521 Statistical Manual of Mental Disorders.
522 (c) Has had at least not less than 2 years of clinical
523 experience in mental health counseling, which must be at the
524 post-master’s level under the supervision of a licensed mental
525 health counselor or the equivalent who is a qualified supervisor
526 as determined by the board. An individual who intends to
527 practice in Florida to satisfy the clinical experience
528 requirements must register pursuant to s. 491.0045 before prior
529 to commencing practice. If a graduate has a master’s degree in
530 with a major related to the practice of mental health counseling
531 or a closely related field that did not include all the
532 coursework required under sub-subparagraph (b)1.a. sub
533 subparagraphs (b)1.a.-b., credit for the post-master’s level
534 clinical experience shall not commence until the applicant has
535 completed a minimum of seven of the courses required under sub
536 subparagraph (b)1.a. sub-subparagraphs (b)1.a.-b., as determined
537 by the board, one of which must be a course in psychopathology
538 or abnormal psychology. A doctoral internship may be applied
539 toward the clinical experience requirement. A licensed mental
540 health professional must be on the premises when clinical
541 services are provided by a registered intern in a private
542 practice setting. No registered intern may engage in his or her
543 own independent private practice The clinical experience
544 requirement may be met by work performed on or off the premises
545 of the supervising mental health counselor or the equivalent,
546 provided the off-premises work is not the independent private
547 practice rendering of services that does not have a licensed
548 mental health professional, as determined by the board, on the
549 premises at the same time the intern is providing services.
550 (d) Has passed a theory and practice examination designated
551 provided by the department for this purpose.
552 (e) Has demonstrated, in a manner designated by rule of the
553 board, knowledge of the laws and rules governing the practice of
554 clinical social work, marriage and family therapy, and mental
555 health counseling as determined by the board.
556 (5) INTERNSHIP.—An individual who is registered as an
557 intern and has satisfied all of the educational requirements for
558 the profession for which the applicant seeks licensure shall be
559 certified as having met the educational requirements for
560 licensure under this section.
561 (5)(6) RULES.—The board may adopt rules necessary to
562 implement any education or experience requirement of this
563 section for licensure as a clinical social worker, marriage and
564 family therapist, or mental health counselor.
565 Section 5. Section 491.0057, Florida Statutes, is amended
566 to read:
567 491.0057 Dual licensure as a marriage and family
568 therapist.—
569 (1) The department shall license as a marriage and family
570 therapist a any person who demonstrates to the board that he or
571 she:
572 (a)(1) Holds a valid, active license as a psychologist
573 under chapter 490 or as a clinical social worker or mental
574 health counselor under this chapter, or is certified under s.
575 464.012 as an advanced registered nurse practitioner who has
576 been determined by the Board of Nursing as a specialist in
577 psychiatric mental health.
578 (b)(2) Has held a valid, active license for at least 3
579 years.
580 (c)(3) Has passed the examination provided by the
581 department for marriage and family therapy.
582 (2) This section is repealed July 1, 2020.
583 Section 6. Subsection (1) of section 491.006, Florida
584 Statutes, is amended to read:
585 491.006 Licensure or certification by endorsement.—
586 (1) The department shall license or grant a certificate to
587 a person in a profession regulated by this chapter who, upon
588 applying to the department and remitting the appropriate fee,
589 demonstrates to the board that he or she:
590 (a) Has demonstrated, in a manner designated by rule of the
591 board, knowledge of the laws and rules governing the practice of
592 clinical social work, marriage and family therapy, and mental
593 health counseling as defined by rule of the board.
594 (b)1. Holds an active valid license to practice in the
595 profession for which the applicant seeks licensure and has
596 actively practiced the profession for which licensure is applied
597 in another state for 3 of the last 5 years immediately preceding
598 licensure.
599 2. Meets the education requirements of this chapter for the
600 profession for which licensure is applied or has demonstrated
601 proof of substantially equivalent education as defined by rule
602 of the board.
603 3. Has passed the licensure examination designated by the
604 board or has passed a substantially equivalent licensing
605 examination in another state for the profession which the
606 applicant seeks licensure a substantially equivalent licensing
607 examination in another state or has passed the licensure
608 examination in this state in the profession for which the
609 applicant seeks licensure.
610 4. Holds a license in good standing, is not under
611 investigation for an act that would constitute a violation of
612 this chapter, and has not been found to have committed any act
613 that would constitute a violation of this chapter. The fees paid
614 by any applicant for certification as a master social worker
615 under this section are nonrefundable.
616 Section 7. Subsections (2) and (3) of section 491.007,
617 Florida Statutes, are amended to read:
618 491.007 Renewal of license, registration, or certificate.—
619 (2) Each applicant for renewal shall present satisfactory
620 evidence that, in the period since the license or certificate
621 was issued, the applicant has completed continuing education
622 requirements set by rule of the board or department. The board
623 may not require Not more than 25 classroom hours of continuing
624 education per year shall be required. A certified master social
625 worker is exempt from the continuing education requirements for
626 the first renewal of the certificate.
627 (3) The board or department shall prescribe by rule a
628 method for the biennial renewal of an intern registration at a
629 fee set by rule, not to exceed $100.
630 Section 8. Paragraph (c) of subsection (1) and subsection
631 (2) of section 491.009, Florida Statutes, are amended to read:
632 491.009 Discipline.—
633 (1) The following acts constitute grounds for denial of a
634 license or disciplinary action, as specified in s. 456.072(2):
635 (c) Being convicted or found guilty of, or entering
636 regardless of adjudication, or having entered a plea of nolo
637 contendere to, a crime in any jurisdiction which directly
638 relates to the practice of his or her profession or the ability
639 to practice his or her profession, regardless of adjudication.
640 However, in the case of a plea of nolo contendere, the board
641 shall allow the person who is the subject of the disciplinary
642 proceeding to present evidence in mitigation relevant to the
643 underlying charges and circumstances surrounding the plea.
644 (2) The board department, or, in the case of certified
645 master social workers psychologists, the department board, may
646 enter an order denying licensure or imposing any of the
647 penalties in s. 456.072(2) against any applicant for licensure
648 or licensee who is found guilty of violating any provision of
649 subsection (1) of this section or who is found guilty of
650 violating any provision of s. 456.072(1).
651 Section 9. Subsection (1) of section 491.0112, Florida
652 Statutes, is amended to read:
653 491.0112 Sexual misconduct by a psychotherapist;
654 penalties.—
655 (1) Any psychotherapist who commits sexual misconduct with
656 a client, or former client when the professional relationship
657 was terminated primarily for the purpose of engaging in sexual
658 contact, commits a felony of the third degree, punishable as
659 provided in s. 775.082 or s. 775.083; however, a second or
660 subsequent offense is a felony of the second degree, punishable
661 as provided in s. 775.082, s. 775.083, or s. 775.084.
662 Section 10. Paragraphs (c) and (n) of subsection (1) of
663 section 491.012, Florida Statutes, are amended to read:
664 491.012 Violations; penalty; injunction.—
665 (1) It is unlawful and a violation of this chapter for any
666 person to:
667 (c) Use the following titles or any combination thereof,
668 unless she or he holds a valid, active license as a mental
669 health counselor issued pursuant to this chapter:
670 1. “Licensed mental health counselor.”
671 2. “Mental health counselor.”
672 3. “Mental health therapist.”
673 4. “Mental health consultant.”
674 5. “Mental health counselor coach.”
675 (n) Effective October 1, 2000, Practice juvenile sexual
676 offender therapy in this state, as the practice is defined in s.
677 491.0144, for compensation, unless the person holds an active
678 license issued under this chapter and meets the requirements to
679 practice juvenile sexual offender therapy. An unlicensed person
680 may be employed by a program operated by or under contract with
681 the Department of Juvenile Justice or the Department of Children
682 and Families Family Services if the program employs a
683 professional who is licensed under chapter 458, chapter 459, s.
684 490.0145, or s. 491.0144 who manages or supervises the treatment
685 services.
686 Section 11. Section 491.0145, Florida Statutes, is amended
687 to read:
688 491.0145 Certified master social worker.—
689 (1) The department may certify an applicant for a
690 designation as a certified master social worker upon the
691 following conditions:
692 (a)(1) The applicant completes an application to be
693 provided by the department and pays a nonrefundable fee not to
694 exceed $250 to be established by rule of the department. The
695 completed application must be received by the department at
696 least 60 days before the date of the examination in order for
697 the applicant to qualify to take the scheduled exam.
698 (b)(2) The applicant submits proof satisfactory to the
699 department that the applicant has received a doctoral degree in
700 social work, or a master’s degree with a major emphasis or
701 specialty in clinical practice or administration, including, but
702 not limited to, agency administration and supervision, program
703 planning and evaluation, staff development, research, community
704 organization, community services, social planning, and human
705 service advocacy. Doctoral degrees must have been received from
706 a graduate school of social work which at the time the applicant
707 was enrolled and graduated was accredited by an accrediting
708 agency approved by the United States Department of Education.
709 Master’s degrees must have been received from a graduate school
710 of social work which at the time the applicant was enrolled and
711 graduated was accredited by the Council on Social Work Education
712 or the Canadian Association of Schools of Social Work or by one
713 that meets comparable standards.
714 (c)(3) The applicant has had at least 3 years’ experience,
715 as defined by rule, including, but not limited to, clinical
716 services or administrative activities as defined in paragraph
717 (b) subsection (2), 2 years of which must be at the post
718 master’s level under the supervision of a person who meets the
719 education and experience requirements for certification as a
720 certified master social worker, as defined by rule, or licensure
721 as a clinical social worker under this chapter. A doctoral
722 internship may be applied toward the supervision requirement.
723 (d)(4) Any person who holds a master’s degree in social
724 work from an institution institutions outside the United States
725 may apply to the department for certification if the academic
726 training in social work has been evaluated as equivalent to a
727 degree from a school accredited by the Council on Social Work
728 Education. Any such person shall submit a copy of the academic
729 training from the Foreign Equivalency Determination Service of
730 the Council on Social Work Education.
731 (e)(5) The applicant has passed an examination required by
732 the department for this purpose. The nonrefundable fee for such
733 examination may not exceed $250 as set by department rule.
734 (2) A certified master social worker is exempt from the
735 continuing education requirements for the first renewal of the
736 certificate.
737 (3)(6) Nothing in This chapter does not shall be construed
738 to authorize a certified master social worker to provide
739 clinical social work services.
740 Section 12. Section 491.0149, Florida Statutes, is amended
741 to read:
742 491.0149 Display of license; use of professional title on
743 promotional materials.—
744 (1)(a) A person licensed under this chapter as a clinical
745 social worker, marriage and family therapist, or mental health
746 counselor, or certified as a master social worker shall
747 conspicuously display the valid license issued by the department
748 or a true copy thereof at each location at which the licensee
749 practices his or her profession.
750 (b)1. A licensed clinical social worker shall include the
751 words “licensed clinical social worker” or the letters “LCSW” on
752 all promotional materials, including cards, brochures,
753 stationery, advertisements, and signs, and social media, naming
754 the licensee.
755 2. A licensed marriage and family therapist shall include
756 the words “licensed marriage and family therapist” or the
757 letters “LMFT” on all promotional materials, including cards,
758 brochures, stationery, advertisements, and signs, and social
759 media, naming the licensee.
760 3. A licensed mental health counselor shall include the
761 words “licensed mental health counselor” or the letters “LMHC”
762 on all promotional materials, including cards, brochures,
763 stationery, advertisements, and signs, and social media, naming
764 the licensee.
765 (2)(a) A person registered under this chapter as a clinical
766 social worker intern, marriage and family therapist intern, or
767 mental health counselor intern shall conspicuously display the
768 valid registration issued by the department or a true copy
769 thereof at each location at which the registered intern is
770 completing the experience requirements.
771 (b) A registered clinical social worker intern shall
772 include the words “registered clinical social worker intern,” a
773 registered marriage and family therapist intern shall include
774 the words “registered marriage and family therapist intern,” and
775 a registered mental health counselor intern shall include the
776 words “registered mental health counselor intern” on all
777 records, reports, and promotional materials, including cards,
778 brochures, stationery, advertisements, and signs, and social
779 media, naming the registered intern.
780 (3)(a) A person provisionally licensed under this chapter
781 as a provisional clinical social worker licensee, provisional
782 marriage and family therapist licensee, or provisional mental
783 health counselor licensee shall conspicuously display the valid
784 provisional license issued by the department or a true copy
785 thereof at each location at which the provisional licensee is
786 providing services.
787 (b) A provisional clinical social worker licensee shall
788 include the words “provisional clinical social worker licensee,”
789 a provisional marriage and family therapist licensee shall
790 include the words “provisional marriage and family therapist
791 licensee,” and a provisional mental health counselor licensee
792 shall include the words “provisional mental health counselor
793 licensee” on all promotional materials, including cards,
794 brochures, stationery, advertisements, and signs, and social
795 media, naming the provisional licensee.
796 Section 13. Section 491.017, Florida Statutes, is created
797 to read:
798 491.017 Parenting plan recommendation; presumption of good
799 faith; prerequisite to parent’s filing suit; award of fees,
800 costs, reimbursement.—
801 (1) A mental health professional licensed under this
802 chapter who has been appointed by the court to develop a
803 parenting plan recommendation in a dissolution of marriage, a
804 case of domestic violence, or a paternity matter involving the
805 relationship of a child and a parent, including time-sharing of
806 children, is presumed to be acting in good faith if the mental
807 health professional’s recommendation has been reached under
808 standards that a reasonable mental health professional would use
809 to develop a parenting plan recommendation.
810 (2) An administrative complaint against a court-appointed
811 mental health professional which relates to a parenting plan
812 recommendation developed by the mental health professional may
813 not be filed anonymously. The individual who files an
814 administrative complaint must include in the complaint his or
815 her name, address, and telephone number.
816 (3) A parent who desires to file a legal action against a
817 court-appointed mental health professional who has acted in good
818 faith in developing a parenting plan recommendation must
819 petition the judge who presided over the dissolution of
820 marriage, case of domestic violence, or paternity matter
821 involving the relationship of a child and a parent, including
822 time-sharing of children, to appoint another mental health
823 professional. Upon the parent’s showing of good cause, the court
824 shall appoint another mental health professional. The court
825 shall determine who is responsible for all court costs and
826 attorney fees associated with making such an appointment.
827 (4) If a legal action, whether it be a civil action, a
828 criminal action, or an administrative proceeding, is filed
829 against a court-appointed mental health professional in a
830 dissolution of marriage, case of domestic violence, or paternity
831 matter involving the relationship of a child and a parent,
832 including time-sharing of children, the claimant is responsible
833 for all reasonable costs and reasonable attorney fees associated
834 with the action for both parties if the mental health
835 professional is held not liable. If the mental health
836 professional is held liable in civil court, the mental health
837 professional must pay all reasonable costs and reasonable
838 attorney fees for the claimant.
839 Section 14. This act shall take effect July 1, 2013.
