House Bill 3207c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
By the Committee on Health Care Standards & Regulatory
Reform and Representatives Wise, Arnold, Edwards and Goode
1 A bill to be entitled
2 An act relating to certain social work
3 services; creating part XV of chapter 468,
4 F.S., to provide regulatory provisions
5 applicable to certain social work practice;
6 providing intent and definitions; creating an
7 advisory council within the Department of
8 Health; providing for appointment and terms of
9 members and location of headquarters; providing
10 for rules; providing for different levels of
11 licensure and practice; providing for licensure
12 by examination or endorsement; providing for
13 biennial renewal of licenses; providing for
14 inactive status and reactivation of inactive
15 licenses; providing fees; requiring instruction
16 on human immunodeficiency virus and acquired
17 immune deficiency syndrome; providing
18 continuing education requirements and providing
19 for approval of continuing education providers,
20 programs, and courses; providing grounds for
21 disciplinary action and specifying criminal
22 violations; prohibiting sexual misconduct;
23 providing penalties; providing exemptions from
24 regulation under the part; providing that
25 communications between licensees and clients
26 are confidential; providing requirements for
27 the maintenance and transfer of records;
28 requiring display of license at practice
29 location; requiring professional designation on
30 promotional materials; repealing s. 491.0145,
31 F.S., relating to certified master social
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 workers, to conform; amending s. 491.0149,
2 F.S., relating to display of license and use of
3 professional title on promotional materials, to
4 conform; repealing s. 491.015, F.S., relating
5 to duties of the Department of Health as to
6 certified master social workers, to conform;
7 providing applicability to current
8 certificateholders; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Part XV of chapter 468, Florida Statutes,
14 consisting of sections 468.851, 468.852, 468.853, 468.855,
15 468.856, 468.857, 468.858, 468.859, 468.861, 468.862, 468.863,
16 468.864, 468.865, 468.866, 468.867, 468.868, and 468.869, is
17 created to read:
18 PART XV
19 NONCLINICAL SOCIAL WORK PRACTICE
20 468.851 Intent.--The Legislature finds that as society
21 becomes increasingly complex, emotional survival is equal in
22 importance to physical survival. Therefore, in order to
23 preserve the health, safety, and welfare of the public, the
24 Legislature must provide confidential communication for
25 members of the public, or those acting on their behalf, to
26 encourage the seeking out of needed or desired social work
27 services that are within the practice of nonclinical social
28 work. The Legislature further finds that, since such
29 supportive services assist individuals, families, groups, and
30 communities, the practice of nonclinical social work by
31 persons not qualified to practice such profession presents a
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 danger to the public health, safety, and welfare. The
2 Legislature finds that, to further secure the health, safety,
3 and welfare of the public and also to encourage professional
4 cooperation among all qualified professionals, the Legislature
5 must assist the public in making informed choices of such
6 services by establishing minimum qualifications for entering
7 into and remaining in the social work profession regulated
8 under this part.
9 468.852 Definitions.--As used in this part:
10 (1) "Advisory council" or "council" means the Advisory
11 Council on Nonclinical Social Work Practice.
12 (2) "Assessment" means the social work function,
13 practiced by all social workers, of acquiring an understanding
14 of the problem of a client, whether an individual, a family, a
15 group, a community, or an organization; what causes the
16 severity and intensity of the problem; and what can be done to
17 minimize or resolve it. A nonclinical social worker performing
18 an assessment examines a variety of issues in the context of
19 the client's total environment, including health, physical and
20 intellectual functioning, strengths and resources, service
21 needs, social networks, and human service providers.
22 (3) "Case management" means the organization,
23 coordination, and monitoring of a network of services for a
24 client with multiple needs. The tasks of case management
25 include, but are not limited to, case identification,
26 assessment and planning to meet client needs, promoting the
27 skills and capacities of the client, coordination and
28 referral, implementation of services, advocating for the
29 client when existing resources are insufficient or
30 unavailable, and monitoring, evaluation, and reassessment.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 Case management may be performed by social workers at all
2 levels.
3 (4) "Department" means the Department of Health.
4 (5) "Licensed bachelor social worker" means a person
5 licensed under this part to practice bachelor-level social
6 work.
7 (6) "Licensed graduate social worker" means a person
8 licensed under this part to practice graduate-level social
9 work.
10 (7) "Practice of licensed bachelor social work" means
11 the provision of generalist nonclinical social work services,
12 based on generic practice knowledge and skills applicable
13 across problems and populations. This includes the use of
14 basic skills relevant to scientific and applied knowledge,
15 theories, and methods to provide assessment and referral,
16 needed information and education to clients, case management
17 and supportive services to individuals, families, groups, and
18 communities, problem-solving intervention, client-centered
19 advocacy, and research. Nothing in this subsection may be
20 construed to permit the practice of psychotherapy.
21 (8) "Practice of graduate social work" means the
22 provision of advanced and concentrated nonclinical social work
23 practice skills, including the use of an enhanced base for
24 scientific and applied knowledge, theories, and methods to
25 provide a conceptual and practical framework for an advanced
26 level of assessment and referral, casework management, and
27 supportive services to individuals, families, groups, and
28 communities, needed information and education to clients,
29 client-centered advocacy, planning, community organization,
30 supervision and consultation, management, social policy
31 formulation, program development and implementation,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 problem-solving and crisis intervention, and research and
2 program evaluation. Nothing in this subsection may be
3 construed to permit the practice of psychotherapy.
4 (9) "Supervision" includes, but is not limited to,
5 assigning cases, discussing assessment and intervention plans,
6 reviewing contact with clients, and assisting workers with
7 agency policy, knowledge of available resources, and
8 enhancement of staff moral. Educational supervision is
9 supervision oriented toward professional concerns related to
10 specific cases and is practiced by all social workers.
11 Administrative supervision is supervision oriented toward
12 agency policy and public accountability.
13 (10) "Support services" refers to the provision of
14 concrete services, including, but not limited to, arranging
15 transportation, equipment needs, and in-home service, food,
16 and shelter, and the linking of clients with such services.
17 468.853 Advisory Council on Nonclinical Social Work
18 Practice.--
19 (1) There is created within the Department of Health
20 an Advisory Council on Nonclinical Social Work Practice
21 composed of seven members appointed by the secretary of the
22 department.
23 (2)(a) Five members of the council shall be persons
24 licensed under this part as follows:
25 1. Two members shall be licensed bachelor social
26 workers.
27 2. Two members shall be licensed graduate social
28 workers.
29 3. One member shall be a clinical social worker
30 licensed under chapter 491.
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 Initially, however, the two members seated as licensed
2 bachelor social workers and the two members seated as licensed
3 graduate social workers may be unlicensed bachelor social
4 workers and unlicensed graduate social workers who the
5 secretary of the department has determined satisfy all of the
6 requirements for licensure set forth in this part.
7 (b) Two members of the council shall be citizens who
8 are not connected with the practice of social work.
9 (3)(a) No later than January 1, 1999, the secretary of
10 the department shall appoint seven members of the council as
11 follows:
12 1. Two members for terms of 2 years each.
13 2. Two members for terms of 3 years each.
14 3. Three members for terms of 4 years each.
15 (b) As the terms of the initial members expire, the
16 secretary of the department shall appoint successors for terms
17 of 4 years; and those members shall serve until their
18 successors are appointed.
19 (4) The department may adopt rules as provided in
20 chapter 120 relating to the licensure of graduate social
21 workers and bachelor social workers.
22 (5) All applicable provisions of chapter 455 relating
23 to activities of regulatory boards shall apply to the council.
24 (6) The council shall maintain its official
25 headquarters in the City of Tallahassee.
26 468.855 Licensure by examination.--
27 (1) LICENSED GRADUATE SOCIAL WORKER.--
28 (a) Upon verification of documentation and payment of
29 a fee not to exceed $200, as set by department rule, plus the
30 actual per applicant cost to the department for purchase of
31 the examination from the American Association of State Social
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 Worker's Boards or a similar national organization, the
2 department shall issue a license as a licensed graduate social
3 worker to an applicant who the department certifies:
4 1. Has made application therefor and paid the
5 appropriate fee.
6 2. Has received a doctoral degree in social work from
7 a graduate school of social work which at the time the
8 applicant graduated was accredited by an accrediting agency
9 recognized by the United States Department of Education or has
10 received a master's degree in social work from a graduate
11 school of social work which at the time the applicant
12 graduated:
13 a. Was accredited by the Council on Social Work
14 Education;
15 b. Was accredited by the Canadian Association of
16 Schools of Social Work; or
17 c. Has been determined to have been a program
18 equivalent to programs approved by the Council on Social Work
19 Education by the Foreign Equivalency Determination Service of
20 the Council on Social Work Education. An applicant who
21 graduated from a program at a university or college outside
22 the United States or Canada must present documentation of the
23 equivalency determination from such council in order to
24 qualify.
25 3. Has had not less than 2 years of social work
26 experience, which took place subsequent to completion of a
27 graduate degree in social work at an institution meeting the
28 accreditation requirements of this subsection, under the
29 supervision of a licensed clinical social worker, a licensed
30 graduate social worker, or the equivalent who is a qualified
31 supervisor as determined by the department. An applicant who
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 is completing the social work experience required by this
2 subparagraph may practice as a graduate social work intern or
3 trainee under supervision.
4 4. Has passed a theory and practice examination
5 provided by the department for this purpose.
6 5. Has demonstrated, in a manner designated by rule of
7 the department, knowledge of the laws and rules governing the
8 practice of graduate-level social work.
9 (b) The educational program under this subsection must
10 include content on social work values and ethics, diversity,
11 social and economic justice, populations at risk, human
12 behavior and the social environment, social welfare policy and
13 services, social work practice, and research and skills for
14 advanced practice in an identifiable field of practice on
15 social work methodology such as management, administration,
16 program planning and evaluation, staff development, research,
17 community organization, community services, social planning,
18 program supervision, or human service advocacy. The program
19 must include a supervised field placement in an advanced
20 social work method or field of practice.
21 (c) Upon licensure, a licensed graduate social worker
22 may engage in nonclinical social work practice as authorized
23 by this part. A licensed graduate social worker may not
24 provide psychotherapy services or any other service for which
25 licensure as a clinical social worker is required, and nothing
26 in this subsection may be construed to permit the practice of
27 psychotherapy.
28 (2) LICENSED BACHELOR SOCIAL WORKER.--
29 (a) Upon verification of documentation and payment of
30 a fee not to exceed $200, as set by department rule, plus the
31 actual per applicant cost to the department for purchase of
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 the examination from the American Association of State Social
2 Worker's Boards or a similar national organization, the
3 department shall issue a license as a licensed bachelor social
4 worker to an applicant who the department certifies:
5 1. Has made application therefor and paid the
6 appropriate fee.
7 2. Has received a bachelor's degree in social work
8 from a school of social work at a university or college which
9 at the time the applicant graduated was accredited by an
10 accrediting agency recognized by the United States Department
11 of Education or has received a bachelor's degree in social
12 work from a school of social work at a university or college
13 which at the time the applicant graduated:
14 a. Was accredited by the Council on Social Work
15 Education;
16 b. Was accredited by the Canadian Association of
17 Schools of Social Work; or
18 c. Has been determined to have been a program
19 equivalent to programs approved by the Council on Social Work
20 Education by the Foreign Equivalency Determination Service of
21 the Council on Social Work Education. An applicant who
22 graduated from a program at a university or college outside
23 the United States or Canada must present documentation of the
24 equivalency determination from such council in order to
25 qualify.
26 3. Has had not less than 2 years of social work
27 experience, which took place subsequent to completion of a
28 bachelor's degree in social work at an institution meeting the
29 accreditation requirements of this subsection, under the
30 supervision of a licensed clinical social worker, a licensed
31 graduate social worker, a licensed bachelor social worker, or
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 the equivalent who is a qualified supervisor as determined by
2 the department. An applicant who is completing the social work
3 experience required by this subparagraph may practice as a
4 bachelor social work intern or trainee under supervision.
5 4. Has passed a theory and practice examination
6 provided by the department for this purpose.
7 5. Has demonstrated, in a manner designated by rule of
8 the department, knowledge of the laws and rules governing the
9 practice of bachelor-level social work.
10 (b) The educational program under this subsection must
11 include content on social work values and ethics, diversity,
12 social and economic justice, populations at risk, human
13 behavior and the social environment, social welfare policy and
14 services, social work practice, and research and skills for
15 entry-level practice. The program must include an entry-level
16 supervised placement in a social service setting.
17 (c) Upon licensure, a licensed bachelor social worker
18 may engage in nonclinical social work practice as authorized
19 by this part. A licensed bachelor social worker may not
20 provide psychotherapy services or any other service for which
21 licensure as a licensed graduate social worker or clinical
22 social worker is required, and nothing in this subsection may
23 be construed to permit the practice of psychotherapy.
24 468.856 Licensure by endorsement.--
25 (1) The department shall license a person in any level
26 of nonclinical social work regulated by this part who, upon
27 applying to the department and remitting the appropriate fee,
28 demonstrates to the department that he or she:
29 (a) Holds an active, valid license to practice and has
30 actively practiced that level of social work in another state
31 for 3 of the 5 years immediately preceding licensure.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (b) Meets the education and experience requirements of
2 this part for the level of social work for which licensure is
3 applied.
4 (c) Has passed a substantially equivalent licensing
5 examination in another state.
6 (d) Holds a license in good standing, is not under
7 investigation for an act that would constitute a violation of
8 this part, and has not been found to have committed any act
9 that would constitute a violation of this part.
10 (e) Has demonstrated knowledge of the applicable laws
11 and rules of this state.
12 (2) The department may not issue a license by
13 endorsement to any applicant who is under investigation in
14 this or another jurisdiction for an act that would constitute
15 a violation of this part until such time as the investigation
16 is complete, at which time the provisions of s. 468.862 apply.
17 468.857 Requirement for instruction on human
18 immunodeficiency virus and acquired immune deficiency
19 syndrome.--The department shall require, as a condition of
20 granting a license under this part, that an applicant making
21 initial application for licensure complete an education course
22 acceptable to the department on human immunodeficiency virus
23 and acquired immune deficiency syndrome. An applicant who has
24 not taken a course at the time of licensure shall, upon
25 submission of an affidavit showing good cause, be allowed 6
26 months to complete this requirement.
27 468.858 Renewal of license.--
28 (1) The department shall prescribe by rule a method
29 for the biennial renewal of licenses at a fee set by rule, not
30 to exceed $150.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (2) Each applicant for renewal shall present
2 satisfactory evidence that, in the period since the license
3 was issued, the applicant has completed continuing education
4 requirements set by rule of the department. Not more than 25
5 classroom hours of continuing education per year may be
6 required.
7 468.859 Inactive status; reactivation of licenses;
8 fees.--
9 (1) Inactive status is the licensure status that
10 results when a licensee has applied to be placed on inactive
11 status and has paid a $50 fee to the department.
12 (a) An inactive license may be renewed biennially for
13 $50 per biennium.
14 (b) An inactive license may be reactivated by
15 submitting an application to the department, completing the
16 continuing education requirements, complying with any
17 background investigation required, complying with other
18 requirements prescribed by the department, and paying a $50
19 reactivation fee plus the current biennial renewal fee at the
20 time of reactivation.
21 (2) The department may adopt rules relating to
22 inactive licenses and the reactivation of licenses.
23 468.861 Continuing education; approval of providers,
24 programs, and courses; proof of completion.--
25 (1) Continuing education providers, programs, and
26 courses shall be approved by the department.
27 (2) The department has the authority to set a fee not
28 to exceed $300 for each provider submitted for approval. Such
29 fees shall be deposited into the Health Care Trust Fund.
30 (3) Proof of completion of the required number of
31 hours of continuing education shall be submitted to the
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 department in the manner and time specified by rule and on
2 forms provided by the department.
3 (4) The department may adopt rules as provided in
4 chapter 120 to approve continuing education providers,
5 programs, and courses.
6 468.862 Discipline.--
7 (1) When the department finds that an applicant or
8 licensee whom it regulates under this part has committed any
9 of the acts set forth in subsection (2), it may issue an order
10 imposing one or more of the following penalties:
11 (a) Denial of an application for licensure, either
12 temporarily or permanently.
13 (b) Revocation of a license, after hearing, either
14 temporarily or permanently.
15 (c) Suspension of a license for a period of up to 5
16 years, after hearing.
17 (d) Immediate suspension of a license pursuant to s.
18 120.60(6).
19 (e) Imposition of an administrative fine not to exceed
20 $1,000 for each count or separate offense.
21 (f) Issuance of a public reprimand.
22 (g) Placement of an applicant or licensee on probation
23 for a period of time and subject to such conditions as the
24 department may specify, including, but not limited to,
25 requiring the applicant or licensee to submit to treatment, to
26 attend continuing education courses, to submit to
27 reexamination, or to work under the supervision of a
28 designated licensee.
29 (h) Restriction of practice.
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (2) The following acts of a licensee or applicant are
2 grounds for which the disciplinary actions listed in
3 subsection (1) may be taken:
4 (a) Attempting to obtain, obtaining, or renewing a
5 license under this part by bribery or fraudulent
6 misrepresentation or through an error of the department.
7 (b) Having a license to practice a comparable
8 profession revoked, suspended, or otherwise acted against,
9 including the denial of licensure by another state, territory,
10 or country.
11 (c) Being convicted or found guilty of, regardless of
12 adjudication, or having entered a plea of nolo contendere to,
13 a crime in any jurisdiction which directly relates to the
14 practice of his or her profession or the ability to practice
15 his or her profession. However, in the case of a plea of nolo
16 contendere, the department shall allow the person who is the
17 subject of the disciplinary proceeding to present evidence in
18 mitigation relevant to the underlying charges and
19 circumstances surrounding the plea.
20 (d) False, deceptive, or misleading advertising or
21 obtaining a fee or other thing of value on the representation
22 that beneficial results from any treatment will be guaranteed.
23 (e) Advertising, practicing, or attempting to practice
24 under a name other than one's own.
25 (f) Maintaining a professional association with any
26 person who the applicant or licensee knows, or has reason to
27 believe, is in violation of this part or of a rule of the
28 department.
29 (g) Knowingly aiding, assisting, procuring, or
30 advising any nonlicensed person to hold himself or herself out
31 as licensed under this part.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (h) Failing to perform any statutory or legal
2 obligation placed upon a person licensed under this part.
3 (i) Willfully making or filing a false report or
4 record; failing to file a report or record required by state
5 or federal law; willfully impeding or obstructing the filing
6 of a report or record; or inducing another person to make or
7 file a false report or record or to impede or obstruct the
8 filing of a report or record. Such report or record includes
9 only a report or record which requires the signature of a
10 person licensed under this part.
11 (j) Paying a kickback, rebate, bonus, or other
12 remuneration for receiving a client, or receiving a kickback,
13 rebate, bonus, or other remuneration for referring a client to
14 another licensee under this part, to a provider of mental
15 health care services, or to a provider of health care services
16 or goods; referring a client to oneself for services on a
17 fee-paid basis when those services are already being paid for
18 by some other public or private entity; or entering into a
19 reciprocal referral agreement.
20 (k) Committing any act upon a client which would
21 constitute sexual battery or which would constitute sexual
22 misconduct as defined pursuant to s. 468.863.
23 (l) Making misleading, deceptive, untrue, or
24 fraudulent representations in the practice of any profession
25 licensed under this part.
26 (m) Soliciting clients personally, or through an
27 agent, through the use of fraud, intimidation, undue
28 influence, or a form of overreaching or vexatious conduct.
29 (n) Failing to make available to a client, upon
30 written request, copies of records in the possession or under
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 the control of the licensee which have been prepared for the
2 client.
3 (o) Failing to respond within 30 days to a written
4 communication from the department concerning any investigation
5 by the department, or failing to make available any relevant
6 records with respect to any investigation about the licensee's
7 conduct or background.
8 (p) Being unable to practice the profession for which
9 he or she is licensed under this part with reasonable skill or
10 competence as a result of any mental or physical condition or
11 by reason of illness; drunkenness; or excessive use of drugs,
12 narcotics, chemicals, or any other substance. In enforcing
13 this paragraph, upon a finding by the secretary, or his or her
14 designee, that probable cause exists to believe that the
15 licensee is unable to practice the profession because of the
16 reasons stated in this paragraph, the department shall have
17 the authority to compel a licensee to submit to a mental or
18 physical examination by psychologists, physicians, or
19 licensees under chapter 491, designated by the department. If
20 the licensee refuses to comply with such order, the
21 department's order directing the examination may be enforced
22 by filing a petition for enforcement in the circuit court in
23 the circuit in which the licensee resides or does business.
24 The licensee against whom the petition is filed shall not be
25 named or identified by initials in any public court records or
26 documents, and the proceedings shall be closed to the public.
27 The department shall be entitled to the summary procedure
28 provided in s. 51.011. A licensee affected under this
29 paragraph shall at reasonable intervals be afforded an
30 opportunity to demonstrate that he or she can resume the
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 competent practice for which he or she is licensed with
2 reasonable skill and safety to clients.
3 (q) Violating any provision of this part or chapter
4 455, or any rule adopted pursuant thereto.
5 (r) Failing to meet the minimum standards of
6 performance in professional activities when measured against
7 generally prevailing peer performance, including the
8 undertaking of activities for which the licensee is not
9 qualified by training or experience.
10 (s) Delegating professional responsibilities to a
11 person who the licensee knows or has reason to know is not
12 qualified by training or experience to perform such
13 responsibilities.
14 (t) Violating a rule relating to the regulation of the
15 profession or a lawful order of the department previously
16 entered in a disciplinary hearing.
17 (u) Failure of the licensee to maintain in confidence
18 a communication made by a client in the context of such
19 services, except as provided in s. 468.867.
20 (v) Making public statements which are derived from
21 test data, client contacts, or behavioral research and which
22 identify or damage research subjects or clients.
23 468.863 Sexual misconduct.--Sexual misconduct by any
24 person licensed under this part, in the practice of his or her
25 profession, is prohibited. Sexual misconduct shall be defined
26 by rule of the department.
27 468.864 Sexual misconduct by licensees under this
28 part; penalties.--
29 (1) Any licensee under this part who commits sexual
30 misconduct with a client, or former client when the
31 professional relationship was terminated primarily for the
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 purpose of engaging in sexual contact, commits a felony of the
2 third degree, punishable as provided in s. 775.082 or s.
3 775.083; however, a second or subsequent offense is a felony
4 of the second degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 (2) Any licensee under this part who violates
7 subsection (1) by means of deception commits a felony of the
8 second degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084.
10 (3) The giving of consent by the client to any such
11 act shall not be a defense to these offenses.
12 (4) For the purposes of this section:
13 (a) "Client" means a person to whom the services of a
14 licensee under this part are provided.
15 (b) "Deception" means a representation to the client
16 that sexual contact by the licensee is consistent with or part
17 of the treatment of the client.
18 (c) "Sexual misconduct" means the oral, anal, or
19 vaginal penetration of another by, or contact with, the sexual
20 organ of another or the anal or vaginal penetration of another
21 by any object.
22 468.865 Violations; penalty; injunction.--
23 (1) It is unlawful and a violation of this part for
24 any person to:
25 (a) Use the following titles or any combination
26 thereof, unless the person holds a valid, active license as a
27 licensed graduate social worker issued pursuant to this part:
28 1. "Licensed graduate social worker."
29 2. "Graduate social worker."
30 3. "Advanced social worker."
31
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (b) Use the following titles or any combination
2 thereof, unless the person holds a valid, active license as a
3 licensed bachelor social worker issued pursuant to this part:
4 1. "Licensed bachelor social worker."
5 2. "Bachelor social worker."
6 3. "Baccalaureate social worker."
7 4. "Social worker technician."
8 (c) Use the term "psychotherapist" or "sex therapist,"
9 unless such person is licensed pursuant to chapter 458,
10 chapter 459, chapter 490, or chapter 491, or is certified
11 under s. 464.012 as an advanced registered nurse practitioner
12 who has been determined by the Board of Nursing as a
13 specialist in psychiatric mental health and the use of such
14 term is within the scope of his or her practice based on
15 education, training, and licensure.
16 (d) Present as his or her own the social work license
17 of another.
18 (e) Give false or forged evidence to the department
19 for the purpose of obtaining a license.
20 (f) Use or attempt to use a license issued pursuant to
21 this part which has been revoked or is under suspension.
22 (g) Knowingly conceal information relative to any
23 violation of this part.
24 (h) Beginning January 1, 1999, practice in this state
25 any social work that is regulated under this part, as such
26 practice is defined in s. 468.852, unless the person holds a
27 valid, active license to practice nonclinical social work
28 issued under this part. This paragraph does not apply to the
29 practice of clinical social work, which is regulated under
30 chapter 491.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (2) It is unlawful and a violation of this part for
2 any person to describe his or her services using the following
3 terms or any derivative thereof, unless such person holds a
4 valid, active license under chapter 490 or chapter 491, or is
5 certified under s. 464.012 as an advanced registered nurse
6 practitioner who has been determined by the Board of Nursing
7 as a specialist in psychiatric mental health and the use of
8 such term is within the scope of his or her practice based on
9 education, training, and licensure:
10 (a) "Psychotherapy."
11 (b) "Sex therapy."
12 (c) "Sex counseling."
13 (d) "Clinical social work."
14 (e) "Psychiatric social work."
15 (3) It is unlawful and a violation of this part for
16 any person to use the term "social worker" or "licensed social
17 worker" or to describe his or her services using the following
18 terms or any derivative thereof, unless such person holds a
19 valid, active license under this part or is a clinical social
20 worker licensed under chapter 491:
21 (a) "Social work."
22 (b) "Social work services."
23 (4) Nothing in this section may be construed to permit
24 the practice of psychotherapy.
25 (5) Any person who violates any provision of
26 subsection (1), subsection (2), or subsection (3) commits a
27 misdemeanor of the first degree, punishable as provided in s.
28 775.082 or s. 775.083.
29 (6) The department may institute appropriate judicial
30 proceedings to enjoin violation of this section.
31 468.866 Exemptions.--
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 (1) No provision of this part may be construed to
2 limit the practice of physicians licensed under chapter 458 or
3 chapter 459, psychologists licensed under chapter 490, or
4 clinical social workers, marriage and family therapists, or
5 mental health counselors licensed under chapter 491, so long
6 as they do not unlawfully hold themselves out to the public as
7 possessing a license issued under this part or use a
8 professional title protected by this part. However, a clinical
9 social worker licensed under chapter 491 may use the term
10 "social work," "licensed social worker," or "social worker."
11 (2) No provision of this part may be construed to
12 limit the practice of nursing, school psychology, or
13 psychology or to prevent qualified members of other
14 professions from doing work of a nature consistent with their
15 training and licensure, so long as they do not hold themselves
16 out to the public as possessing a license issued under this
17 part or use a title protected by this part.
18 (3) No provision of this part may be construed to
19 limit the performance of activities of a rabbi, priest,
20 minister, or clergyman of any religious denomination or sect,
21 or use of the term "Christian counselor" or "Christian
22 clinical counselor" when the activities are within the scope
23 of the performance of his or her regular or specialized
24 ministerial duties and no compensation is received by him or
25 her, or when such activities are performed, with or without
26 compensation, by a person for or under the auspices or
27 sponsorship, individually or in conjunction with others, of an
28 established and legally cognizable church, denomination, or
29 sect, and when the person rendering service remains
30 accountable to the established authority thereof, so long as
31 such person does not unlawfully hold himself or herself out to
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 the public as possessing a license issued under this part or
2 use a professional title protected by this part.
3 (4) A person is not required to be licensed under this
4 part who:
5 (a) Is a salaried employee of a government agency;
6 developmental services program or mental health, alcoholic, or
7 drug abuse facility operating under chapter 393, chapter 394,
8 or chapter 397; subsidized child care, subsidized child care
9 case management, or child care resource and referral program
10 operating under chapter 402; child-placing or child-caring
11 agency licensed under chapter 409; domestic violence center
12 certified under chapter 415; accredited academic institution;
13 or research institution, if such employee is performing duties
14 for which he or she was trained and hired solely within the
15 confines of such agency, facility, or institution.
16 (b) Is a salaried employee of a private, nonprofit
17 organization providing counseling services to children, youth,
18 and families, if such services are provided for no charge, if
19 such employee is performing duties for which he was trained
20 and hired.
21 (c) Is a student providing services regulated under
22 this part who is pursuing a course of study that leads to a
23 degree in a profession regulated by this part, is providing
24 services in a training setting, provided such services and
25 associated activities constitute part of a supervised course
26 of study, and is designated by the title "student intern."
27 (d) Is not a resident of this state but offers
28 services in this state, provided:
29 1. Such services are performed for no more than 5 days
30 in any month and no more than 15 days in any calendar year;
31 and
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 2. Such nonresident is licensed to practice the
2 services provided by a state or territory of the United States
3 or by a foreign country or province.
4 (e) Is certified in "school social work" by the
5 Department of Education and is performing school social work
6 services as an employee of a public or private educational
7 institution. This exemption may not be construed to authorize
8 any unlicensed practice that is not performed as a direct
9 employee of an educational institution.
10 (f) Is a salaried employee of a facility licensed
11 under part II or part III of chapter 400, practices only in
12 the licensed facility under the supervision of the facility
13 administrator, and does not engage in the practice of clinical
14 social work.
15
16 The exemptions in paragraphs (a) and (b) expire on January 1,
17 2003, after which no person may be exempt under such
18 conditions unless the person works in a program that
19 administers and maintains a competency-based training program
20 for employees providing social work services, or if the agency
21 maintains external accreditation by an appropriate
22 standard-setting body as defined by the department. The
23 department shall approve competency-based training programs
24 developed by agencies delivering services in the exempt
25 settings identified in paragraphs (a) and (b) or by
26 organizations representing these agencies if such
27 competency-based programs meet criteria established by the
28 department.
29 (5) No provision of this part may be construed to
30 limit the activities of an employee of a governmental or
31 nongovernmental agency or organization whose job
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 responsibilities do not include methods of a psychological
2 nature used to evaluate, assess, diagnose, treat, or prevent
3 emotional or mental disorders or dysfunctions (whether
4 cognitive, affective, or behavioral), sexual dysfunction,
5 behavioral disorders, alcoholism, and substance abuse, so long
6 as such employee does not hold himself or herself out as
7 performing social work or being a social worker.
8 (6) No provision of this part may be construed to
9 limit the practice of any individual who solely engages in
10 behavior analysis so long as he or she does not hold himself
11 or herself out to the public as possessing a license issued
12 under this part or use a title protected by this part.
13 (7) Nothing in subsections (2)-(5) exempts any person
14 from the provisions of s. 468.865(1)(a)-(b).
15 (8) Any person who is not licensed under any provision
16 of this part by January 1, 1999, and who desires to become so
17 licensed shall register with the department that person's
18 intent to become fully licensed no later than January 1, 2000.
19 The costs to the department of such registration shall be
20 borne by the registrant. The department may require affidavits
21 and supporting documentation sufficient to demonstrate that
22 the registrant is preparing for examination by January 1,
23 1999, under this part. The department may adopt rules as
24 provided in chapter 120 to register any person desiring to
25 become licensed under this part. Upon receipt of the
26 department's notice of registration, the registrant may
27 practice services as defined in s. 468.852(7) and (8),
28 provided the registrant uses "trainee" or "intern" with any
29 title or description of the registrant's work and on any
30 business correspondence and work product, including, but not
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 limited to, a business card, letterhead, sign, billing, or
2 report, unless exempt under this part.
3 (9) Any person who meets the requirements of s.
4 468.855(1)(a)1.-2. or s. 468.855(2)(a)1.-2. and has not less
5 than 2 years of social work experience related to the
6 licensing area which took place subsequent to completion of a
7 bachelor's or graduate degree in social work at an institution
8 meeting the accreditation requirements of s. 468.855(1) or
9 (2), as applicable, shall be allowed to apply for the
10 appropriate license and receive a license if he or she has met
11 all other qualifications except the 2 years of experience
12 under a qualified professional. This subsection and the
13 ability to become licensed under this subsection shall expire
14 January 1, 2004.
15 (10) Except as stipulated by the department, the
16 exemptions contained in this section do not apply to any
17 person licensed under this part whose license has been
18 suspended or revoked by the department or another
19 jurisdiction.
20 (11) Nothing in this section shall be construed to
21 exempt a person from meeting the minimum standards of
22 performance in professional activities when measured against
23 generally prevailing peer performance, including the
24 undertaking of activities for which the person is not
25 qualified by training or experience.
26 468.867 Confidential communications.--Any
27 communication between any person licensed under this part and
28 his or her client shall be confidential. This secrecy may be
29 waived under the following conditions:
30 (1) When the person licensed under this part is a
31 party defendant to a civil, criminal, or disciplinary action
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 arising from a complaint filed by the client, in which case
2 the waiver shall be limited to that action.
3 (2) When the client agrees to the waiver, in writing,
4 or, when more than one person in a family is receiving
5 nonclinical social work services, when each family member
6 agrees to the waiver, in writing.
7 (3) When there is a clear and immediate probability of
8 physical harm to the client, to other individuals, or to
9 society and the person licensed under this part communicates
10 the information only to the potential victim, appropriate
11 family member, or law enforcement or other appropriate
12 authorities.
13 468.868 Records.--Each person licensed under this part
14 who provides services as defined in this part must maintain
15 records. The department may adopt rules defining the minimum
16 requirements for records and reports, including content,
17 length of time records must be maintained, and transfer of
18 either the records or a report of such records to a subsequent
19 licensee or other individual with written consent of the
20 client or clients.
21 468.869 Display of license; use of professional title
22 on promotional materials.--
23 (1) Each person licensed under this part must
24 conspicuously display the valid license issued by the
25 department or a true copy thereof at each location at which
26 the licensee practices his or her profession.
27 (2) Each person licensed under this part must include
28 the words "Licensed Graduate Social Worker" or the letters
29 "LGSW," or "Licensed Bachelor Social Worker" or the letters
30 "LBSW," as applicable, on all promotional materials, including
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3207
601-128B-98
1 cards, brochures, stationery, advertisements, and signs,
2 naming the licensee.
3 Section 2. Paragraph (a) of subsection (1) of section
4 491.0149, Florida Statutes, is amended to read:
5 491.0149 Display of license; use of professional title
6 on promotional materials.--
7 (1)(a) A person licensed under this chapter as a
8 clinical social worker, marriage and family therapist, or
9 mental health counselor, or certified as a master social
10 worker shall conspicuously display the valid license issued by
11 the department or a true copy thereof at each location at
12 which the licensee practices his or her profession.
13 Section 3. Sections 491.0145 and 491.015, Florida
14 Statutes, are repealed.
15 Section 4. Any person who, on the effective date of
16 this act, holds an active, valid certificate to practice
17 master social work under s. 491.0145, Florida Statutes, as it
18 existed immediately prior to the effective date of this act,
19 may continue to practice under such certificate until the
20 certificate expires or until January 1, 1999, whichever occurs
21 sooner, after which the provisions of part XV of chapter 468,
22 Florida Statutes, as created by this act, shall control.
23 Section 5. This act shall take effect July 1 of the
24 year in which enacted.
25
26
27
28
29
30
31
27