Florida Senate - 2024                                     SB 210
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00351A-24                                           2024210__
    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 licenses for the
    6         professions of clinical social work, marriage and
    7         family therapy, and mental health counseling; amending
    8         s. 491.005, F.S.; conforming provisions to changes
    9         made by the act; deleting the requirement that a
   10         licensed mental health professional be present on the
   11         premises when associate licensees, formerly classified
   12         as registered interns, are providing clinical services
   13         in a private practice setting; amending ss. 491.007,
   14         491.009, 491.012, 491.014, and 491.0149, F.S.;
   15         conforming provisions to changes made by the act;
   16         amending s. 414.065, F.S.; conforming a cross
   17         reference; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (5) through (14) and (15),
   22  (16), and (17) of section 491.003, Florida Statutes, are
   23  redesignated as subsections (8) through (17) and (5), (6), and
   24  (7), respectively, and paragraph (c) of present subsection (8),
   25  paragraph (c) of present subsection (9), paragraph (c) of
   26  present subsection (10), and present subsections (15), (16), and
   27  (17) of that section are amended, to read:
   28         491.003 Definitions.—As used in this chapter:
   29         (11)(8) The “practice of clinical social work” is defined
   30  as the use of scientific and applied knowledge, theories, and
   31  methods for the purpose of describing, preventing, evaluating,
   32  and treating individual, couple, marital, family, or group
   33  behavior, based on the person-in-situation perspective of
   34  psychosocial development, normal and abnormal behavior,
   35  psychopathology, unconscious motivation, interpersonal
   36  relationships, environmental stress, differential assessment,
   37  differential planning, and data gathering. The purpose of such
   38  services is the prevention and treatment of undesired behavior
   39  and enhancement of mental health. The practice of clinical
   40  social work includes methods of a psychological nature used to
   41  evaluate, assess, diagnose, treat, and prevent emotional and
   42  mental disorders and dysfunctions (whether cognitive, affective,
   43  or behavioral), sexual dysfunction, behavioral disorders,
   44  alcoholism, and substance abuse. The practice of clinical social
   45  work includes, but is not limited to, psychotherapy,
   46  hypnotherapy, and sex therapy. The practice of clinical social
   47  work also includes counseling, behavior modification,
   48  consultation, client-centered advocacy, crisis intervention, and
   49  the provision of needed information and education to clients,
   50  when using methods of a psychological nature to evaluate,
   51  assess, diagnose, treat, and prevent emotional and mental
   52  disorders and dysfunctions (whether cognitive, affective, or
   53  behavioral), sexual dysfunction, behavioral disorders,
   54  alcoholism, or substance abuse. The practice of clinical social
   55  work may also include clinical research into more effective
   56  psychotherapeutic modalities for the treatment and prevention of
   57  such conditions.
   58         (c) The terms “diagnose” and “treat,” as used in this
   59  chapter, when considered in isolation or in conjunction with the
   60  rules of the board, may not be construed to permit the
   61  performance of any act which clinical social workers are not
   62  educated and trained to perform, including, but not limited to,
   63  admitting persons to hospitals for treatment of the foregoing
   64  conditions, treating persons in hospitals without medical
   65  supervision, prescribing medicinal drugs as defined in chapter
   66  465, authorizing clinical laboratory procedures, or radiological
   67  procedures, or use of electroconvulsive therapy. In addition,
   68  this definition may not be construed to permit any person
   69  licensed, provisionally licensed, registered, or certified
   70  pursuant to this chapter to describe or label any test, report,
   71  or procedure as “psychological,” except to relate specifically
   72  to the definition of practice authorized in this subsection.
   73         (12)(9) The term “practice of marriage and family therapy”
   74  means the use of scientific and applied marriage and family
   75  theories, methods, and procedures for the purpose of describing,
   76  evaluating, and modifying marital, family, and individual
   77  behavior, within the context of marital and family systems,
   78  including the context of marital formation and dissolution, and
   79  is based on marriage and family systems theory, marriage and
   80  family development, human development, normal and abnormal
   81  behavior, psychopathology, human sexuality, and
   82  psychotherapeutic and marriage and family therapy theories and
   83  techniques. The practice of marriage and family therapy includes
   84  methods of a psychological nature used to evaluate, assess,
   85  diagnose, treat, and prevent emotional and mental disorders or
   86  dysfunctions (whether cognitive, affective, or behavioral),
   87  sexual dysfunction, behavioral disorders, alcoholism, and
   88  substance abuse. The practice of marriage and family therapy
   89  includes, but is not limited to, marriage and family therapy,
   90  psychotherapy, including behavioral family therapy,
   91  hypnotherapy, and sex therapy. The practice of marriage and
   92  family therapy also includes counseling, behavior modification,
   93  consultation, client-centered advocacy, crisis intervention, and
   94  the provision of needed information and education to clients,
   95  when using methods of a psychological nature to evaluate,
   96  assess, diagnose, treat, and prevent emotional and mental
   97  disorders and dysfunctions (whether cognitive, affective, or
   98  behavioral), sexual dysfunction, behavioral disorders,
   99  alcoholism, or substance abuse. The practice of marriage and
  100  family therapy may also include clinical research into more
  101  effective psychotherapeutic modalities for the treatment and
  102  prevention of such conditions.
  103         (c) The terms “diagnose” and “treat,” as used in this
  104  chapter, when considered in isolation or in conjunction with the
  105  rules of the board, may not be construed to permit the
  106  performance of any act that marriage and family therapists are
  107  not educated and trained to perform, including, but not limited
  108  to, admitting persons to hospitals for treatment of the
  109  foregoing conditions, treating persons in hospitals without
  110  medical supervision, prescribing medicinal drugs as defined in
  111  chapter 465, authorizing clinical laboratory procedures or
  112  radiological procedures or the use of electroconvulsive therapy.
  113  In addition, this definition may not be construed to permit any
  114  person licensed, provisionally licensed, registered, or
  115  certified pursuant to this chapter to describe or label any
  116  test, report, or procedure as “psychological,” except to relate
  117  specifically to the definition of practice authorized in this
  118  subsection.
  119         (13)(10) The term “practice of mental health counseling”
  120  means the use of scientific and applied behavioral science
  121  theories, methods, and techniques for the purpose of describing,
  122  preventing, and treating undesired behavior and enhancing mental
  123  health and human development and is based on the person-in
  124  situation perspectives derived from research and theory in
  125  personality, family, group, and organizational dynamics and
  126  development, career planning, cultural diversity, human growth
  127  and development, human sexuality, normal and abnormal behavior,
  128  psychopathology, psychotherapy, and rehabilitation. The practice
  129  of mental health counseling includes methods of a psychological
  130  nature used to evaluate, assess, diagnose, and treat emotional
  131  and mental dysfunctions or disorders, whether cognitive,
  132  affective, or behavioral, interpersonal relationships, sexual
  133  dysfunction, alcoholism, and substance abuse. The practice of
  134  mental health counseling includes, but is not limited to,
  135  psychotherapy, hypnotherapy, and sex therapy. The practice of
  136  mental health counseling also includes counseling, behavior
  137  modification, consultation, client-centered advocacy, crisis
  138  intervention, and the provision of needed information and
  139  education to clients, when using methods of a psychological
  140  nature to evaluate, assess, diagnose, treat, and prevent
  141  emotional and mental disorders and dysfunctions (whether
  142  cognitive, affective, or behavioral), behavioral disorders,
  143  sexual dysfunction, alcoholism, or substance abuse. The practice
  144  of mental health counseling may also include clinical research
  145  into more effective psychotherapeutic modalities for the
  146  treatment and prevention of such conditions.
  147         (c) The terms “diagnose” and “treat,” as used in this
  148  chapter, when considered in isolation or in conjunction with any
  149  provision of the rules of the board, may not be construed to
  150  permit the performance of any act that mental health counselors
  151  are not educated and trained to perform, including, but not
  152  limited to, admitting persons to hospitals for treatment of the
  153  foregoing conditions, treating persons in hospitals without
  154  medical supervision, prescribing medicinal drugs as defined in
  155  chapter 465, authorizing clinical laboratory procedures or
  156  radiological procedures, or the use of electroconvulsive
  157  therapy. In addition, this definition may not be construed to
  158  permit any person licensed, provisionally licensed, registered,
  159  or certified pursuant to this chapter to describe or label any
  160  test, report, or procedure as “psychological,” except to relate
  161  specifically to the definition of practice authorized in this
  162  subsection.
  163         (5)(15) “Licensed associate Registered clinical social
  164  worker intern” means a person licensed registered under this
  165  chapter who is completing the postgraduate clinical social work
  166  experience requirement specified in s. 491.005(1)(c).
  167         (6)(16) “Licensed associate Registered marriage and family
  168  therapist intern” means a person licensed registered under this
  169  chapter who is completing the post-master’s clinical experience
  170  requirement specified in s. 491.005(3)(c).
  171         (7)(17) “Licensed associate Registered mental health
  172  counselor intern” means a person licensed registered under this
  173  chapter who is completing the post-master’s clinical experience
  174  requirement specified in s. 491.005(4)(c).
  175         Section 2. Section 491.0045, Florida Statutes, is amended
  176  to read:
  177         491.0045 Associate license Intern registration;
  178  requirements.—
  179         (1) An individual who has not satisfied the postgraduate or
  180  post-master’s level experience requirements, as specified in s.
  181  491.005(1)(c), (3)(c), or (4)(c), must apply for an associate
  182  license register as an intern in the profession for which he or
  183  she is seeking full licensure before commencing the post
  184  master’s experience requirement or an individual who intends to
  185  satisfy part of the required graduate-level practicum,
  186  internship, or field experience, outside the academic arena for
  187  any profession, and must apply for an associate license register
  188  as an intern in the profession for which he or she is seeking
  189  full licensure before commencing the practicum, internship, or
  190  field experience.
  191         (2) The department shall license register as an associate a
  192  clinical social worker intern, associate marriage and family
  193  therapist intern, or associate mental health counselor intern
  194  each applicant whom who the board certifies has:
  195         (a) Completed the application form and remitted a
  196  nonrefundable application fee not to exceed $200, as set by
  197  board rule;
  198         (b)1. Completed the education requirements as specified in
  199  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
  200  he or she is applying for licensure, if needed; and
  201         2. Submitted an acceptable supervision plan, as determined
  202  by the board, for meeting the practicum, internship, or field
  203  work required for licensure that was not satisfied in his or her
  204  graduate program.
  205         (c) Identified a qualified supervisor.
  206         (3) An individual licensed as an associate registered under
  207  this section must remain under supervision while practicing
  208  under associate licensure registered intern status.
  209         (4) An individual who fails to comply with this section may
  210  not be granted a full license under this chapter, and any time
  211  spent by the individual completing the experience requirement as
  212  specified in s. 491.005(1)(c), (3)(c), or (4)(c) before being
  213  issued an associate license registering as an intern does not
  214  count toward completion of the requirement.
  215         (5) An associate license intern registration is valid for 5
  216  years.
  217         (6) Any registration issued after March 31, 2017, expires
  218  60 months after the date it is issued. The board may make a one
  219  time exception to the requirements of this subsection in
  220  emergency or hardship cases, as defined by board rule, if the
  221  candidate has passed the theory and practice examination
  222  described in s. 491.005(1)(d), (3)(d), and (4)(d).
  223         (7) An individual who has held a provisional license issued
  224  by the board may not apply for an associate license intern
  225  registration in the same profession.
  226         Section 3. Paragraph (c) of subsection (1), paragraph (c)
  227  of subsection (3), and paragraphs (b) and (c) of subsection (4)
  228  of section 491.005, Florida Statutes, are amended to read:
  229         491.005 Licensure by examination.—
  230         (1) CLINICAL SOCIAL WORK.—Upon verification of
  231  documentation and payment of a fee not to exceed $200, as set by
  232  board rule, the department shall issue a license as a clinical
  233  social worker to an applicant whom the board certifies has met
  234  all of the following criteria:
  235         (c) Completed at least 2 years of clinical social work
  236  experience, which took place subsequent to completion of a
  237  graduate degree in social work at an institution meeting the
  238  accreditation requirements of this section, under the
  239  supervision of a licensed clinical social worker or the
  240  equivalent who is a qualified supervisor as determined by the
  241  board. An individual who intends to practice in Florida to
  242  satisfy clinical experience requirements must register pursuant
  243  to s. 491.0045 before commencing practice. If the applicant’s
  244  graduate program was not a program which emphasized direct
  245  clinical patient or client health care services as described in
  246  subparagraph (b)2., the supervised experience requirement must
  247  take place after the applicant has completed a minimum of 15
  248  semester hours or 22 quarter hours of the coursework required. A
  249  doctoral internship may be applied toward the clinical social
  250  work experience requirement. A licensed mental health
  251  professional must be on the premises when clinical services are
  252  provided by a registered intern in a private practice setting.
  253         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  254  documentation and payment of a fee not to exceed $200, as set by
  255  board rule, the department shall issue a license as a marriage
  256  and family therapist to an applicant whom the board certifies
  257  has met all of the following criteria:
  258         (c) Completed at least 2 years of clinical experience
  259  during which 50 percent of the applicant’s clients were
  260  receiving marriage and family therapy services, which must be at
  261  the post-master’s level under the supervision of a licensed
  262  marriage and family therapist with at least 5 years of
  263  experience, or the equivalent, who is a qualified supervisor as
  264  determined by the board. An individual who intends to practice
  265  in Florida to satisfy the clinical experience requirements must
  266  register pursuant to s. 491.0045 before commencing practice. If
  267  a graduate has a master’s degree with a major emphasis in
  268  marriage and family therapy or a closely related field which did
  269  not include all of the coursework required by paragraph (b),
  270  credit for the post-master’s level clinical experience may not
  271  commence until the applicant has completed a minimum of 10 of
  272  the courses required by paragraph (b), as determined by the
  273  board, and at least 6 semester hours or 9 quarter hours of the
  274  course credits must have been completed in the area of marriage
  275  and family systems, theories, or techniques. Within the 2 years
  276  of required experience, the applicant must shall provide direct
  277  individual, group, or family therapy and counseling to cases
  278  including those involving unmarried dyads, married couples,
  279  separating and divorcing couples, and family groups that include
  280  children. A doctoral internship may be applied toward the
  281  clinical experience requirement. A licensed mental health
  282  professional must be on the premises when clinical services are
  283  provided by a registered intern in a private practice setting.
  284  
  285  For the purposes of dual licensure, the department shall license
  286  as a marriage and family therapist any person who meets the
  287  requirements of s. 491.0057. Fees for dual licensure may not
  288  exceed those stated in this subsection.
  289         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  290  documentation and payment of a fee not to exceed $200, as set by
  291  board rule, the department shall issue a license as a mental
  292  health counselor to an applicant whom the board certifies has
  293  met all of the following criteria:
  294         (b)1. Attained a minimum of an earned master’s degree from
  295  a mental health counseling program accredited by the Council for
  296  the Accreditation of Counseling and Related Educational Programs
  297  which consists of at least 60 semester hours or 80 quarter hours
  298  of clinical and didactic instruction, including a course in
  299  human sexuality and a course in substance abuse. If the master’s
  300  degree is earned from a program related to the practice of
  301  mental health counseling which is not accredited by the Council
  302  for the Accreditation of Counseling and Related Educational
  303  Programs, then the coursework and practicum, internship, or
  304  fieldwork must consist of at least 60 semester hours or 80
  305  quarter hours and meet all of the following requirements:
  306         a. Thirty-three semester hours or 44 quarter hours of
  307  graduate coursework, which must include a minimum of 3 semester
  308  hours or 4 quarter hours of graduate-level coursework in each of
  309  the following 11 content areas: counseling theories and
  310  practice; human growth and development; diagnosis and treatment
  311  of psychopathology; human sexuality; group theories and
  312  practice; individual evaluation and assessment; career and
  313  lifestyle assessment; research and program evaluation; social
  314  and cultural foundations; substance abuse; and legal, ethical,
  315  and professional standards issues in the practice of mental
  316  health counseling. Courses in research, thesis or dissertation
  317  work, practicums, internships, or fieldwork may not be applied
  318  toward this requirement.
  319         b. A minimum of 3 semester hours or 4 quarter hours of
  320  graduate-level coursework addressing diagnostic processes,
  321  including differential diagnosis and the use of the current
  322  diagnostic tools, such as the current edition of the American
  323  Psychiatric Association’s Diagnostic and Statistical Manual of
  324  Mental Disorders. The graduate program must have emphasized the
  325  common core curricular experience.
  326         c. The equivalent, as determined by the board, of at least
  327  700 hours of university-sponsored supervised clinical practicum,
  328  internship, or field experience that includes at least 280 hours
  329  of direct client services, as required in the accrediting
  330  standards of the Council for Accreditation of Counseling and
  331  Related Educational Programs for mental health counseling
  332  programs. This experience may not be used to satisfy the post
  333  master’s clinical experience requirement.
  334         2. Provided additional documentation if a course title that
  335  appears on the applicant’s transcript does not clearly identify
  336  the content of the coursework. The documentation must include,
  337  but is not limited to, a syllabus or catalog description
  338  published for the course.
  339  
  340  Education and training in mental health counseling must have
  341  been received in an institution of higher education that, at the
  342  time the applicant graduated, was fully accredited by an
  343  institutional accrediting body recognized by the Council for
  344  Higher Education Accreditation or its successor organization or
  345  was a member in good standing with Universities Canada, or an
  346  institution of higher education located outside the United
  347  States and Canada which, at the time the applicant was enrolled
  348  and at the time the applicant graduated, maintained a standard
  349  of training substantially equivalent to the standards of
  350  training of those institutions in the United States which are
  351  accredited by an institutional accrediting body recognized by
  352  the Council for Higher Education Accreditation or its successor
  353  organization. Such foreign education and training must have been
  354  received in an institution or program of higher education
  355  officially recognized by the government of the country in which
  356  it is located as an institution or program to train students to
  357  practice as mental health counselors. The applicant has the
  358  burden of establishing that the requirements of this provision
  359  have been met, and the board shall require documentation, such
  360  as an evaluation by a foreign equivalency determination service,
  361  as evidence that the applicant’s graduate degree program and
  362  education were equivalent to an accredited program in this
  363  country. Beginning July 1, 2025, an applicant must have a
  364  master’s degree from a program that is accredited by the Council
  365  for Accreditation of Counseling and Related Educational
  366  Programs, the Masters in Psychology and Counseling Accreditation
  367  Council, or an equivalent accrediting body which consists of at
  368  least 60 semester hours or 80 quarter hours to apply for
  369  licensure under this paragraph.
  370         (c) Completed at least 2 years of clinical experience in
  371  mental health counseling, which must be at the post-master’s
  372  level under the supervision of a licensed mental health
  373  counselor or the equivalent who is a qualified supervisor as
  374  determined by the board. An individual who intends to practice
  375  in Florida to satisfy the clinical experience requirements must
  376  register pursuant to s. 491.0045 before commencing practice. If
  377  a graduate has a master’s degree with a major related to the
  378  practice of mental health counseling which did not include all
  379  the coursework required under sub-subparagraphs (b)1.a. and b.,
  380  credit for the post-master’s level clinical experience may not
  381  commence until the applicant has completed a minimum of seven of
  382  the courses required under sub-subparagraphs (b)1.a. and b., as
  383  determined by the board, one of which must be a course in
  384  psychopathology or abnormal psychology. A doctoral internship
  385  may be applied toward the clinical experience requirement. A
  386  licensed mental health professional must be on the premises when
  387  clinical services are provided by a registered intern in a
  388  private practice setting.
  389         Section 4. Section 491.007, Florida Statutes, is amended to
  390  read:
  391         491.007 Renewal of license, registration, or certificate.—
  392         (1) The board or department shall prescribe by rule a
  393  method for the biennial renewal of licenses or certificates at a
  394  fee set by rule, not to exceed $250.
  395         (2) Each applicant for renewal must shall present
  396  satisfactory evidence that, in the period since the license or
  397  certificate was issued, the applicant has completed continuing
  398  education requirements set by rule of the board or department.
  399  No Not more than 25 classroom hours of continuing education per
  400  year may shall be required. A certified master social worker is
  401  exempt from the continuing education requirements for the first
  402  renewal of the certificate.
  403         Section 5. Subsection (1) of section 491.009, Florida
  404  Statutes, is amended to read:
  405         491.009 Discipline.—
  406         (1) The following acts constitute grounds for denial of a
  407  license or disciplinary action, as specified in s. 456.072(2) or
  408  s. 491.017:
  409         (a) Attempting to obtain, obtaining, or renewing a license,
  410  registration, or certificate under this chapter by bribery or
  411  fraudulent misrepresentation or through an error of the board or
  412  the department.
  413         (b) Having a license, registration, or certificate to
  414  practice a comparable profession revoked, suspended, or
  415  otherwise acted against, including the denial of certification
  416  or licensure by another state, territory, or country.
  417         (c) Being convicted or found guilty of, regardless of
  418  adjudication, or having entered a plea of nolo contendere to, a
  419  crime in any jurisdiction which directly relates to the practice
  420  of his or her profession or the ability to practice his or her
  421  profession. However, in the case of a plea of nolo contendere,
  422  the board shall allow the person who is the subject of the
  423  disciplinary proceeding to present evidence in mitigation
  424  relevant to the underlying charges and circumstances surrounding
  425  the plea.
  426         (d) False, deceptive, or misleading advertising or
  427  obtaining a fee or other thing of value on the representation
  428  that beneficial results from any treatment will be guaranteed.
  429         (e) Advertising, practicing, or attempting to practice
  430  under a name other than one’s own.
  431         (f) Maintaining a professional association with any person
  432  who the applicant, licensee, registered intern, or
  433  certificateholder knows, or has reason to believe, is in
  434  violation of this chapter or of a rule of the department or the
  435  board.
  436         (g) Knowingly aiding, assisting, procuring, or advising any
  437  nonlicensed, nonregistered, or noncertified person to hold
  438  himself or herself out as licensed, registered, or certified
  439  under this chapter.
  440         (h) Failing to perform any statutory or legal obligation
  441  placed upon a person licensed, registered, or certified under
  442  this chapter.
  443         (i) Willfully making or filing a false report or record;
  444  failing to file a report or record required by state or federal
  445  law; willfully impeding or obstructing the filing of a report or
  446  record; or inducing another person to make or file a false
  447  report or record or to impede or obstruct the filing of a report
  448  or record. Such report or record includes only a report or
  449  record which requires the signature of a person licensed,
  450  registered, or certified under this chapter.
  451         (j) Paying a kickback, rebate, bonus, or other remuneration
  452  for receiving a patient or client, or receiving a kickback,
  453  rebate, bonus, or other remuneration for referring a patient or
  454  client to another provider of mental health care services or to
  455  a provider of health care services or goods; referring a patient
  456  or client to oneself for services on a fee-paid basis when those
  457  services are already being paid for by some other public or
  458  private entity; or entering into a reciprocal referral
  459  agreement.
  460         (k) Committing any act upon a patient or client which would
  461  constitute sexual battery or which would constitute sexual
  462  misconduct as defined pursuant to s. 491.0111.
  463         (l) Making misleading, deceptive, untrue, or fraudulent
  464  representations in the practice of any profession licensed,
  465  registered, or certified under this chapter.
  466         (m) Soliciting patients or clients personally, or through
  467  an agent, through the use of fraud, intimidation, undue
  468  influence, or a form of overreaching or vexatious conduct.
  469         (n) Failing to make available to a patient or client, upon
  470  written request, copies of tests, reports, or documents in the
  471  possession or under the control of the licensee, registered
  472  intern, or certificateholder which have been prepared for and
  473  paid for by the patient or client.
  474         (o) Failing to respond within 30 days to a written
  475  communication from the department or the board concerning any
  476  investigation by the department or the board, or failing to make
  477  available any relevant records with respect to any investigation
  478  about the licensee’s, registered intern’s, or
  479  certificateholder’s conduct or background.
  480         (p) Being unable to practice the profession for which he or
  481  she is licensed, registered, or certified under this chapter
  482  with reasonable skill or competence as a result of any mental or
  483  physical condition or by reason of illness; drunkenness; or
  484  excessive use of drugs, narcotics, chemicals, or any other
  485  substance. In enforcing this paragraph, upon a finding by the
  486  State Surgeon General, the State Surgeon General’s designee, or
  487  the board that probable cause exists to believe that the
  488  licensee, registered intern, or certificateholder is unable to
  489  practice the profession because of the reasons stated in this
  490  paragraph, the department shall have the authority to compel a
  491  licensee, registered intern, or certificateholder to submit to a
  492  mental or physical examination by psychologists, physicians, or
  493  other licensees under this chapter, designated by the department
  494  or board. If the licensee, registered intern, or
  495  certificateholder refuses to comply with such order, the
  496  department’s order directing the examination may be enforced by
  497  filing a petition for enforcement in the circuit court in the
  498  circuit in which the licensee, registered intern, or
  499  certificateholder resides or does business. The licensee,
  500  registered intern, or certificateholder against whom the
  501  petition is filed may not be named or identified by initials in
  502  any public court records or documents, and the proceedings must
  503  shall be closed to the public. The department is shall be
  504  entitled to the summary procedure provided in s. 51.011. A
  505  licensee, registered intern, or certificateholder affected under
  506  this paragraph must, shall at reasonable intervals, be afforded
  507  an opportunity to demonstrate that he or she can resume the
  508  competent practice for which he or she is licensed, registered,
  509  or certified with reasonable skill and safety to patients.
  510         (q) Performing any treatment or prescribing any therapy
  511  which, by the prevailing standards of the mental health
  512  professions in the community, would constitute experimentation
  513  on human subjects, without first obtaining full, informed, and
  514  written consent.
  515         (r) Failing to meet the minimum standards of performance in
  516  professional activities when measured against generally
  517  prevailing peer performance, including the undertaking of
  518  activities for which the licensee, registered intern, or
  519  certificateholder is not qualified by training or experience.
  520         (s) Delegating professional responsibilities to a person
  521  who the licensee, registered intern, or certificateholder knows
  522  or has reason to know is not qualified by training or experience
  523  to perform such responsibilities.
  524         (t) Violating a rule relating to the regulation of the
  525  profession or a lawful order of the department or the board
  526  previously entered in a disciplinary hearing.
  527         (u) Failure of the licensee, registered intern, or
  528  certificateholder to maintain in confidence a communication made
  529  by a patient or client in the context of such services, except
  530  as provided in s. 491.0147.
  531         (v) Making public statements which are derived from test
  532  data, client contacts, or behavioral research and which identify
  533  or damage research subjects or clients.
  534         (w) Violating any provision of this chapter or chapter 456,
  535  or any rules adopted pursuant thereto.
  536         Section 6. Paragraphs (i) through (l) of subsection (1) of
  537  section 491.012, Florida Statutes, are amended to read:
  538         491.012 Violations; penalty; injunction.—
  539         (1) It is unlawful and a violation of this chapter for any
  540  person to:
  541         (i) Practice clinical social work in this state for
  542  compensation, unless the person holds a valid, active license to
  543  practice clinical social work issued under pursuant to this
  544  chapter or is a licensed associate clinical social worker an
  545  intern registered pursuant to s. 491.0045.
  546         (j) Practice marriage and family therapy in this state for
  547  compensation, unless the person holds a valid, active license to
  548  practice marriage and family therapy issued under pursuant to
  549  this chapter or is a licensed associate marriage and family
  550  therapist licensed an intern registered pursuant to s. 491.0045.
  551         (k) Practice mental health counseling in this state for
  552  compensation, unless the person holds a valid, active license to
  553  practice mental health counseling issued under pursuant to this
  554  chapter or is a licensed associate mental health counselor
  555  licensed an intern registered pursuant to s. 491.0045.
  556         (l) Use the following titles or any combination thereof,
  557  unless he or she holds a valid associate license registration as
  558  an intern issued under pursuant to this chapter:
  559         1. “Licensed associate Registered clinical social worker
  560  intern.”
  561         2. “Licensed associate Registered marriage and family
  562  therapist intern.”
  563         3. “Licensed associate Registered mental health counselor
  564  intern.”
  565         Section 7. Subsections (1), (2), and (4) of section
  566  491.014, Florida Statutes, are amended to read:
  567         491.014 Exemptions.—
  568         (1) No provision of this chapter shall be construed to
  569  limit the practice of physicians licensed pursuant to chapter
  570  458 or chapter 459, or psychologists licensed pursuant to
  571  chapter 490, so long as they do not unlawfully hold themselves
  572  out to the public as possessing a license, provisional license,
  573  registration, or certificate issued pursuant to this chapter or
  574  use a professional title protected by this chapter.
  575         (2) No provision of this chapter shall be construed to
  576  limit the practice of nursing, school psychology, psychology, or
  577  occupational therapy, or to prevent qualified members of other
  578  professions from doing work of a nature consistent with their
  579  training and licensure, so long as they do not hold themselves
  580  out to the public as possessing a license, provisional license,
  581  registration, or certificate issued pursuant to this chapter or
  582  use a title protected by this chapter.
  583         (4) No person shall be required to be licensed,
  584  provisionally licensed, registered, or certified under this
  585  chapter who:
  586         (a) Is a salaried employee of a government agency; a
  587  developmental disability facility or program; a mental health,
  588  alcohol, or drug abuse facility operating under chapter 393,
  589  chapter 394, or chapter 397; the statewide child care resource
  590  and referral network operating under s. 1002.92; a child-placing
  591  or child-caring agency licensed pursuant to chapter 409; a
  592  domestic violence center certified pursuant to chapter 39; an
  593  accredited academic institution; or a research institution, if
  594  such employee is performing duties for which he or she was
  595  trained and hired solely within the confines of such agency,
  596  facility, or institution, so long as the employee is not held
  597  out to the public as a clinical social worker, mental health
  598  counselor, or marriage and family therapist.
  599         (b) Is a salaried employee of a private, nonprofit
  600  organization providing counseling services to children, youth,
  601  and families, if such services are provided for no charge, if
  602  such employee is performing duties for which he or she was
  603  trained and hired, so long as the employee is not held out to
  604  the public as a clinical social worker, mental health counselor,
  605  or marriage and family therapist.
  606         (c) Is a student providing services regulated under this
  607  chapter who is pursuing a course of study which leads to a
  608  degree in a profession regulated by this chapter, is providing
  609  services in a training setting, provided such services and
  610  associated activities constitute part of a supervised course of
  611  study, and is designated by the title “student associate
  612  intern.”
  613         (d) Is not a resident of this state but offers services in
  614  this state, provided:
  615         1. Such services are performed for no more than 15 days in
  616  any calendar year; and
  617         2. Such nonresident is licensed or certified to practice
  618  the services provided by a state or territory of the United
  619  States or by a foreign country or province.
  620         Section 8. Subsection (2) of section 491.0149, Florida
  621  Statutes, is amended to read:
  622         491.0149 Display of license; use of professional title on
  623  promotional materials.—
  624         (2)(a) A person licensed registered under this chapter as
  625  an associate a clinical social worker intern, associate marriage
  626  and family therapist intern, or associate mental health
  627  counselor intern shall conspicuously display the valid associate
  628  license registration issued by the department or a true copy
  629  thereof at each location at which the licensed associate
  630  registered intern is completing the experience requirements.
  631         (b) A licensed associate registered clinical social worker
  632  intern shall include the words “licensed associate registered
  633  clinical social worker intern,” a licensed associate registered
  634  marriage and family therapist intern shall include the words
  635  “licensed associate registered marriage and family therapist
  636  intern,” and a licensed associate registered mental health
  637  counselor intern shall include the words “licensed associate
  638  registered mental health counselor intern” on all promotional
  639  materials, including cards, brochures, stationery,
  640  advertisements, and signs, naming the licensed associate
  641  registered intern.
  642         Section 9. Paragraph (c) of subsection (4) of section
  643  414.065, Florida Statutes, is amended to read:
  644         414.065 Noncompliance with work requirements.—
  645         (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
  646  provided, the situations listed in this subsection shall
  647  constitute exceptions to the penalties for noncompliance with
  648  participation requirements, except that these situations do not
  649  constitute exceptions to the applicable time limit for receipt
  650  of temporary cash assistance:
  651         (c) Noncompliance related to treatment or remediation of
  652  past effects of domestic violence.—An individual who is
  653  determined to be unable to comply with the work requirements
  654  under this section due to mental or physical impairment related
  655  to past incidents of domestic violence may be exempt from work
  656  requirements, except that such individual shall comply with a
  657  plan that specifies alternative requirements that prepare the
  658  individual for self-sufficiency while providing for the safety
  659  of the individual and the individual’s dependents. A participant
  660  who is determined to be out of compliance with the alternative
  661  requirement plan shall be subject to the penalties under
  662  subsection (1). The plan must include counseling or a course of
  663  treatment necessary for the individual to resume participation.
  664  The need for treatment and the expected duration of such
  665  treatment must be verified by a physician licensed under chapter
  666  458 or chapter 459; a psychologist licensed under s. 490.005(1),
  667  s. 490.006, or the provision identified as s. 490.013(2) in s.
  668  1, chapter 81-235, Laws of Florida; a therapist as defined in s.
  669  491.003(2) or (10) (7); or a treatment professional who is
  670  registered under s. 39.905(1)(g), is authorized to maintain
  671  confidentiality under s. 90.5036(1)(d), and has a minimum of 2
  672  years’ experience at a certified domestic violence center. An
  673  exception granted under this paragraph does not automatically
  674  constitute an exception from the time limitations on benefits
  675  specified under s. 414.105.
  676         Section 10. This act shall take effect July 1, 2024.