CODING: Words stricken are deletions; words underlined are additions.House Bill 0329
Florida House of Representatives - 1997 HB 329
By Representative Morse
1 A bill to be entitled
2 An act relating to mental health services;
3 amending s. 456.32, F.S.; including specified
4 mental health professionals within the
5 definition of "practitioner of the healing
6 arts"; amending s. 490.003, F.S.; revising and
7 providing definitions relating to the
8 regulation of psychological services; amending
9 s. 490.005, F.S.; conforming cross references;
10 creating s. 490.0051, F.S.; providing for
11 provisional licensure; repealing s. 490.008,
12 F.S., relating to inactive status; amending s.
13 490.0085, F.S.; authorizing the Board of
14 Psychology to designate an organization
15 responsible for approval of continuing
16 education providers, programs, and courses for
17 psychologists; amending s. 490.009, F.S.;
18 revising and providing grounds for disciplinary
19 action; amending s. 490.012, F.S.; providing
20 requirements for display of licenses and
21 provisional licenses; eliminating a requirement
22 relating to use of the license number on
23 professional advertisements; providing
24 requirements for promotional materials of
25 provisional licensees; conforming cross
26 references; providing penalties; amending s.
27 490.014, F.S.; clarifying applicability of
28 exemption provisions; removing an obsolete
29 licensing exemption that required registration
30 of certain trainees or interns; amending s.
31 490.0147, F.S.; revising provisions relating to
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 waiver of secrecy of confidential
2 communications; amending s. 491.003, F.S.;
3 revising and providing definitions relating to
4 the regulation of clinical, counseling, and
5 psychotherapy services; creating s. 491.0045,
6 F.S.; requiring registration of interns and
7 providing requirements thereof; creating s.
8 491.0046, F.S.; providing for provisional
9 licensure; amending s. 491.005, F.S.; revising
10 requirements for licensure by examination;
11 providing for additional educational
12 requirements at a future date; creating s.
13 491.0057, F.S.; providing for dual licensure as
14 a marriage and family therapist; amending s.
15 491.007, F.S.; providing for biennial renewal
16 of registrations; providing for fees; amending
17 s. 491.009, F.S.; revising and providing
18 grounds for disciplinary action; amending s.
19 491.012, F.S.; prohibiting the use of certain
20 titles under certain circumstances; providing a
21 penalty; amending s. 491.014, F.S.; revising
22 and clarifying exemption provisions; removing
23 an obsolete licensing exemption that required
24 registration of certain trainees or interns;
25 amending s. 491.0147, F.S.; revising provisions
26 relating to waiver of secrecy of confidential
27 communications; amending s. 491.0149, F.S.;
28 requiring display of registrations and
29 provisional licenses and use of applicable
30 professional titles on promotional materials;
31 amending s. 766.1115, F.S.; including specified
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 mental health professionals within the
2 definition of "health care provider" under the
3 Access to Health Care Act; amending ss. 232.02
4 and 394.455, F.S.; correcting cross references,
5 to conform; providing for a work group to
6 analyze community mental health care services;
7 requiring recommendations to the Legislature;
8 providing effective dates.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (3) of section 456.32, Florida
13 Statutes, is amended to read:
14 456.32 Definitions.--In construing this chapter, the
15 words, phrases, or terms, unless the context otherwise
16 indicates, shall have the following meanings:
17 (3) "Practitioner of the healing arts" shall mean a
18 person licensed under the laws of the state to practice
19 medicine, surgery, psychiatry, dentistry, osteopathic
20 medicine, chiropractic, naturopathy, podiatry, chiropody,
21 psychology, clinical social work, marriage and family therapy,
22 mental health counseling, or optometry within the scope of his
23 professional training and competence and within the purview of
24 the statutes applicable to his respective profession, and who
25 may refer a patient for treatment by a qualified person, who
26 shall employ hypnotic techniques under the supervision,
27 direction, prescription, and responsibility of such referring
28 practitioner.
29 Section 2. Section 490.003, Florida Statutes, is
30 amended to read:
31 490.003 Definitions.--As used in this chapter:
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (1)(2) "Board" means the Board of Psychology.
2 (2)(1) "Department" means the Department of Health
3 Business and Professional Regulation.
4 (3)(7)(a) Prior to July 1, 1999, "doctoral-level
5 psychological education" and "doctoral degree in psychology"
6 mean a Psy.D., an and Ed.D. in psychology, or a Ph.D. in
7 psychology from:
8 1. An educational institution which, at the time the
9 applicant was enrolled and graduated, had institutional
10 accreditation from an agency recognized and approved by the
11 United States Department of Education or was recognized as a
12 member in good standing with the Association of Universities
13 and Colleges of Canada; and
14 2. A psychology program within that educational
15 institution which, at the time the applicant was enrolled and
16 graduated, had programmatic accreditation from an accrediting
17 agency recognized and approved by the United States Department
18 of Education or was comparable to such programs.
19 (b) Effective July 1, 1999, "doctoral-level
20 psychological education" and "doctoral degree in psychology"
21 mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
22 psychology from:
23 1. An educational institution which, at the time the
24 applicant was enrolled and graduated, had institutional
25 accreditation from an agency recognized and approved by the
26 United States Department of Education or was recognized as a
27 member in good standing with the Association of Universities
28 and Colleges of Canada; and
29 2. A psychology program within that educational
30 institution which, at the time the applicant was enrolled and
31 graduated, had programmatic accreditation from an agency
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 recognized and approved by the United States Department of
2 Education.
3 (4) "Practice of psychology" means the observations,
4 description, evaluation, interpretation, and modification of
5 human behavior, by the use of scientific and applied
6 psychological principles, methods, and procedures, for the
7 purpose of describing, preventing, alleviating, or eliminating
8 symptomatic, maladaptive, or undesired behavior and of
9 enhancing interpersonal behavioral health and mental or
10 psychological health. The ethical practice of psychology
11 includes, but is not limited to, psychological testing and the
12 evaluation or assessment of personal characteristics such as
13 intelligence, personality, abilities, interests, aptitudes,
14 and neuropsychological functioning, including evaluation of
15 mental competency to manage one's affairs and to participate
16 in legal proceedings; counseling, psychoanalysis, all forms of
17 psychotherapy, sex therapy, hypnosis, biofeedback, and
18 behavioral analysis and therapy; psychoeducational evaluation,
19 therapy, remediation, and consultation; and use of
20 psychological methods to diagnose and treat mental, nervous,
21 psychological, marital, or emotional disorders, illness, or
22 disability, alcoholism and substance abuse, and disorders of
23 habit or conduct, as well as the psychological aspects of
24 physical illness, accident, injury, or disability, including
25 neuropsychological evaluation, diagnosis, prognosis, etiology,
26 and treatment.
27 (a) Psychological services may be rendered to
28 individuals, couples, families, groups, and the public without
29 regard to place of service.
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (b) The use of specific modalities within the practice
2 of psychology is restricted to psychologists appropriately
3 trained in the use of such modalities.
4 (c) The practice of psychology shall be construed
5 within the meaning of this definition without regard to
6 whether payment is requested or received for services
7 rendered.
8 (5)(6) "Practice of school psychology" means the
9 rendering or offering to render to an individual, a group, an
10 organization, a government agency, or the public any of the
11 following services:
12 (a) Assessment, which includes psychoeducational,
13 developmental, and vocational assessment; evaluation and
14 interpretation of intelligence, aptitudes, interests, academic
15 achievement, adjustment, and motivations, or any other
16 attributes, in individuals or groups, that relate to learning,
17 educational, or adjustment needs.
18 (b) Counseling, which includes short-term
19 situation-oriented professional interaction with children,
20 parents, or other adults for amelioration or prevention of
21 learning and adjustment problems. Counseling services
22 relative to the practice of school psychology include verbal
23 interaction, interviewing, behavior techniques, developmental
24 and vocational intervention, environmental management, and
25 group processes.
26 (c) Consultation, which includes psychoeducational,
27 developmental, and vocational assistance or direct educational
28 services to schools, agencies, organizations, families, or
29 individuals related to learning problems and adjustments to
30 those problems.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (d) Development of programs, which includes designing,
2 implementing, or evaluating educationally and psychologically
3 sound learning environments; acting as a catalyst for teacher
4 involvement in adaptations and innovations; and facilitating
5 the psychoeducational development of individual families or
6 groups.
7 (6) "Provisional psychologist licensee" means a person
8 provisionally licensed under this chapter to provide
9 psychological services under supervision.
10 (7)(3) "Psychologist" means a person licensed pursuant
11 to s. 490.005(1), s. 490.006, or the provision identified as
12 s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida.
13 (8)(5) "School psychologist" means a person licensed
14 pursuant to s. 490.005(2), s. 490.006, or the provision
15 identified as s. 490.013(1) in s. 1, chapter 81-235, Laws of
16 Florida.
17 Section 3. Paragraph (b) of subsection (1) of section
18 490.005, Florida Statutes, is amended to read:
19 490.005 Licensure by examination.--
20 (1) Any person desiring to be licensed as a
21 psychologist shall apply to the department to take the
22 licensure examination. The department shall license each
23 applicant who the board certifies has:
24 (b) Submitted proof satisfactory to the board that the
25 applicant has:
26 1. Received doctoral-level psychological education, as
27 defined in s. 490.003(3)(7);
28 2. Received the equivalent of a doctoral-level
29 psychological education, as defined in s. 490.003(3)(7), from
30 a program at a school or university located outside the United
31 States of America and Canada, which was officially recognized
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 by the government of the country in which it is located as an
2 institution or program to train students to practice
3 professional psychology. The burden of establishing that the
4 requirements of this provision have been met shall be upon the
5 applicant; or
6 3. Received and submitted to the board, prior to July
7 1, 1999, certification of an augmented doctoral-level
8 psychological education from the program director of a
9 doctoral-level psychology program accredited by a programmatic
10 agency recognized and approved by the United States Department
11 of Education.
12 Section 4. Section 490.0051, Florida Statutes, is
13 created to read:
14 490.0051 Provisional licensure; requirements.--
15 (1) The department shall issue a provisional
16 psychology license to each applicant who the board certifies
17 has:
18 (a) Completed the application form and remitted a
19 nonrefundable application fee not to exceed $250, as set by
20 board rule.
21 (b) Earned a doctoral degree in psychology as defined
22 in s. 490.003(3).
23 (c) Met any additional requirements established by
24 board rule.
25 (2) A provisional licensee must work under the
26 supervision of a licensed psychologist until he or she is in
27 receipt of a license or a letter from the department stating
28 that he or she is licensed as a psychologist.
29 (3) A provisional license expires 24 months after the
30 date it is issued and may not be renewed or reissued.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Section 5. Section 490.008, Florida Statutes, as
2 amended by chapter 94-119, Laws of Florida, is hereby
3 repealed.
4 Section 6. Subsection (1) of section 490.0085, Florida
5 Statutes, is amended to read:
6 490.0085 Continuing education; approval of providers,
7 programs, and courses; proof of completion.--
8 (1) Continuing education providers, programs, and
9 courses shall be approved by the department or, in the case of
10 psychologists, the board or an organization designated by the
11 board.
12 Section 7. Section 490.009, Florida Statutes, 1996
13 Supplement, is amended to read:
14 490.009 Discipline.--
15 (1) When the department or, in the case of
16 psychologists, the board finds that an applicant, provisional
17 licensee, or licensee whom it regulates under this chapter has
18 committed any of the acts set forth in subsection (2), it may
19 issue an order imposing one or more of the following
20 penalties:
21 (a) Denial of an application for licensure, either
22 temporarily or permanently.
23 (b) Revocation of an application for licensure, either
24 temporarily or permanently.
25 (c) Suspension for a period of up to 5 years or
26 revocation of a license, after hearing.
27 (d) Immediate suspension of a license pursuant to s.
28 120.60(6).
29 (e) Imposition of an administrative fine not to exceed
30 $5,000 for each count or separate offense.
31 (f) Issuance of a public reprimand.
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (g) Placement of an applicant or licensee on probation
2 for a period of time and subject to conditions specified by
3 the department or, in the case of psychologists, by the board,
4 including, but not limited to, requiring the applicant or
5 licensee to submit to treatment, to attend continuing
6 education courses, to submit to reexamination, or to work
7 under the supervision of a designated licensee.
8 (h) Restriction of practice.
9 (2) The following acts of a licensee, provisional
10 licensee, or applicant are grounds for which the disciplinary
11 actions listed in subsection (1) may be taken:
12 (a) Attempting to obtain, obtaining, or renewing a
13 license under this chapter by bribery or fraudulent
14 misrepresentation or through an error of the board or
15 department.
16 (b) Having a license to practice a comparable
17 profession revoked, suspended, or otherwise acted against,
18 including the denial of certification or licensure by another
19 state, territory, or country.
20 (c) Being convicted or found guilty, regardless of
21 adjudication, of a crime in any jurisdiction which directly
22 relates to the practice of his profession or the ability to
23 practice his profession. A plea of nolo contendere creates a
24 rebuttable presumption of guilt of the underlying criminal
25 charges. However, the board shall allow the person who is the
26 subject of the disciplinary proceeding to present any evidence
27 relevant to the underlying charges and circumstances
28 surrounding the plea.
29 (d) False, deceptive, or misleading advertising or
30 obtaining a fee or other thing of value on the representation
31 that beneficial results from any treatment will be guaranteed.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (e) Advertising, practicing, or attempting to practice
2 under a name other than one's own.
3 (f) Maintaining a professional association with any
4 person who whom the applicant or licensee knows, or has reason
5 to believe, is in violation of this chapter or of a rule of
6 the department or, in the case of psychologists, of the
7 department or the board.
8 (g) Knowingly aiding, assisting, procuring, or
9 advising any nonlicensed person to hold himself out as
10 licensed under this chapter.
11 (h) Failing to perform any statutory or legal
12 obligation placed upon a person licensed under this chapter.
13 (i) Willfully making or filing a false report or
14 record; failing to file a report or record required by state
15 or federal law; willfully impeding or obstructing the filing
16 of a report or record; or inducing another person to make or
17 file a false report or record or to impede or obstruct the
18 filing of a report or record. Such report or record includes
19 only a report or record which requires the signature of a
20 person licensed under this chapter.
21 (j) Paying a kickback, rebate, bonus, or other
22 remuneration for receiving a patient or client, or receiving a
23 kickback, rebate, bonus, or other remuneration for referring a
24 patient or client to another provider of mental health care
25 services or to a provider of health care services or goods;
26 referring a patient or client to oneself for services on a
27 fee-paid basis when those services are already being paid for
28 by some other public or private entity; or entering into a
29 reciprocal referral agreement.
30
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (k) Committing any act upon a patient or client which
2 would constitute sexual battery or which would constitute
3 sexual misconduct as defined in s. 490.0111.
4 (l) Making misleading, deceptive, untrue, or
5 fraudulent representations in the practice of any profession
6 licensed under this chapter.
7 (m) Soliciting patients or clients personally, or
8 through an agent, through the use of fraud, intimidation,
9 undue influence, or a form of overreaching or vexatious
10 conduct.
11 (n) Failing to make available to a patient or client,
12 upon written request, copies of test results, reports, or
13 documents in the possession or under the control of the
14 licensee which have been prepared for and paid for by the
15 patient or client.
16 (o) Failing to respond within 30 days to a written
17 communication from the department concerning any investigation
18 by the department or to make available any relevant records
19 with respect to any investigation about the licensee's conduct
20 or background.
21 (p) Being unable to practice the profession for which
22 he is licensed under this chapter with reasonable skill or
23 competence as a result of any mental or physical condition or
24 by reason of illness; drunkenness; or excessive use of drugs,
25 narcotics, chemicals, or any other substance. In enforcing
26 this paragraph, upon a finding by the secretary, his designee,
27 or the board that probable cause exists to believe that the
28 licensee is unable to practice the profession because of the
29 reasons stated in this paragraph, the department shall have
30 the authority to compel a licensee to submit to a mental or
31 physical examination by psychologists or physicians designated
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 by the department or board. If the licensee refuses to comply
2 with the department's order, the department may file a
3 petition for enforcement in the circuit court of the circuit
4 in which the licensee resides or does business. The licensee
5 shall not be named or identified by initials in the petition
6 or in any other public court records or documents, and the
7 enforcement proceedings shall be closed to the public. The
8 department shall be entitled to the summary procedure provided
9 in s. 51.011. A licensee affected under this paragraph shall
10 be afforded an opportunity at reasonable intervals to
11 demonstrate that he can resume the competent practice for
12 which he is licensed with reasonable skill and safety to
13 patients.
14 (q) Violating provisions of this chapter, or of
15 chapter 455, or any rules adopted pursuant thereto.
16 (r) Performing any treatment or prescribing any
17 therapy which, by the prevailing standards of the mental
18 health professions in the community, would constitute
19 experimentation on human subjects, without first obtaining
20 full, informed, and written consent.
21 (s) Failing to meet 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 licensee is not
25 qualified by training or experience.
26 (t) Delegating professional responsibilities to a
27 person whom the licensee knows or has reason to know is not
28 qualified by training or experience to perform such
29 responsibilities.
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (u) Violating a rule relating to the regulation of the
2 profession or a lawful order of the department previously
3 entered in a disciplinary hearing.
4 (v) Failing to maintain in confidence a communication
5 made by a patient or client in the context of such services,
6 except as provided in s. 490.0147 by written permission or in
7 the face of a clear and immediate probability of bodily harm
8 to the patient or client or to others.
9 (w) Making public statements which are derived from
10 test data, client contacts, or behavioral research and which
11 identify or damage research subjects or clients.
12 (x) Engaging or attempting to engage in the
13 possession, use, sale, or distribution of controlled
14 substances as set forth in chapter 893 for other than
15 legitimate purposes.
16 Section 8. Section 490.012, Florida Statutes, is
17 amended to read:
18 490.012 Violations; penalties; injunction.--
19 (1)(a) No person shall hold himself out by any title
20 or description incorporating the words, or permutations of
21 them, "psychologist," "psychology," "psychological,"
22 "psychodiagnostic," or "school psychologist," or describe any
23 test or report as psychological, unless such person holds a
24 valid, active license under this chapter or is exempt from the
25 provisions of this chapter.
26 (b) No person shall hold himself out by any title or
27 description incorporating the word, or a permutation of the
28 word, "psychotherapy" unless such person holds a valid, active
29 license under chapter 458, chapter 459, chapter 490, or
30 chapter 491, or such person is certified as an advanced
31 registered nurse practitioner, pursuant to s. 464.012, who has
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 been determined by the Board of Nursing as a specialist in
2 psychiatric mental psychiatric/mental health nursing.
3 (c) No person licensed or provisionally licensed
4 pursuant to this chapter shall hold himself out by any title
5 or description which indicates licensure other than that which
6 has been granted to him.
7 (2)(a) A licensed psychologist shall conspicuously
8 display the valid, active license issued by the department or
9 a true copy thereof at each location at which the licensee
10 practices his or her profession.
11 (b) A licensed psychologist shall include the words
12 "licensed psychologist" and his license number on all
13 professional advertisements, including, but not limited to,
14 advertisements in any newspaper, magazine, other print medium,
15 airwave or broadcast transmission, or phone directory listing
16 purchased by or on behalf of a person licensed according to
17 this chapter.
18 (3)(a) A person provisionally licensed under this
19 chapter as a provisional psychologist licensee shall
20 conspicuously display the valid provisional license issued by
21 the department or a true copy thereof at each location at
22 which the provisional licensee is providing services.
23 (b) A provisional psychologist licensee shall include
24 the words "provisional psychologist licensee" on all
25 promotional materials, including cards, brochures, stationery,
26 advertisements, and signs, naming the provisional licensee.
27 (4)(3) Any person who violates any provision of this
28 section, except for subsections (2) and (3), commits a
29 misdemeanor of the first degree, punishable as provided in s.
30 775.082 or s. 775.083. Any person who violates any provision
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 of subsection (2) or subsection (3) is subject to disciplinary
2 action under s. 490.009.
3 (5)(4) The department may institute appropriate
4 proceedings to enjoin violation of subsection (1).
5 (6)(5) Beginning October 1, 1992, No person shall
6 practice psychology in this state, as such practice is defined
7 in s. 490.003(4), for compensation, unless such person holds
8 an active, valid license to practice psychology issued
9 pursuant to this chapter. Nothing in this subsection shall be
10 construed to limit the practice of school psychology, as such
11 practice is defined in s. 490.003(5)(6).
12 (7)(6) Beginning October 1, 1992, No person shall
13 practice school psychology in this state, as such practice is
14 defined in s. 490.003(5)(6), for compensation, unless such
15 person holds an active, valid license to practice school
16 psychology issued pursuant to this chapter.
17 Section 9. Section 490.014, Florida Statutes, is
18 amended to read:
19 490.014 Exemptions.--
20 (1)(a) No provision of this chapter shall be construed
21 to limit the practice of physicians licensed pursuant to
22 chapter 458 or chapter 459 so long as they do not hold
23 themselves out to the public as psychologists or use a
24 professional title protected by this chapter.
25 (b) No provision of this chapter shall be construed to
26 limit the practice of nursing, clinical social work, marriage
27 and family therapy, mental health counseling, or other
28 recognized businesses or professions, or to prevent qualified
29 members of other professions from doing work of a nature
30 consistent with their training, so long as they do not hold
31 themselves out to the public as psychologists or use a title
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 protected by this chapter. Nothing in this subsection shall
2 be construed to exempt any person from the provisions of s.
3 490.012.
4 (2) No person shall be required to be licensed or
5 provisionally licensed under this chapter who:
6 (a) Is a salaried employee of a government agency;
7 developmental services program, mental health, alcohol, or
8 drug abuse facility operating pursuant to chapter 393, chapter
9 394, or chapter 397; subsidized child care program, subsidized
10 child care case management program, or child care resource and
11 referral program, operating pursuant to chapter 402;
12 child-placing or child-caring agency licensed pursuant to
13 chapter 409; domestic violence center certified pursuant to
14 chapter 415; accredited academic institution; or research
15 institution, if such employee is performing duties for which
16 he was trained and hired solely within the confines of such
17 agency, facility, or institution.
18 (b) Is a salaried employee of a private, nonprofit
19 organization providing counseling services to children, youth,
20 and families, if such services are provided for no charge, if
21 such employee is performing duties for which he was trained
22 and hired.
23 (c) Is a student who is pursuing a course of study
24 which leads to a degree in medicine or a profession regulated
25 by this chapter who is providing services in a training
26 setting, provided such activities or services constitute part
27 of a supervised course of study, or is a graduate accumulating
28 the experience required for any licensure under this chapter,
29 provided such graduate or student is designated by a title
30 such as "intern" or "trainee" which clearly indicates the
31 in-training status of the student.
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (d) Is certified in school psychology by the
2 Department of Education and is performing psychological
3 services as an employee of a public or private educational
4 institution. Such exemption shall not be construed to
5 authorize any unlicensed practice which is not performed as a
6 direct employee of an educational institution.
7 (e) Is not a resident of the state but offers services
8 in this state, provided:
9 1. Such services are performed for no more than 5 days
10 in any month and no more than 15 days in any calendar year;
11 and
12 2. Such nonresident is licensed or certified by a
13 state or territory of the United States, or by a foreign
14 country or province, the standards of which were, at the date
15 of his licensure or certification, equivalent to or higher
16 than the requirements of this chapter in the opinion of the
17 department or, in the case of psychologists, in the opinion of
18 the board.
19 (f) Is a rabbi, priest, minister, or clergyman of any
20 religious denomination or sect when engaging in activities
21 which are within the scope of the performance of his regular
22 or specialized ministerial duties and for which no separate
23 charge is made, or when such activities are performed, with or
24 without charge, for or under the auspices or sponsorship,
25 individually or in conjunction with others, of an established
26 and legally cognizable church, denomination, or sect, and when
27 the person rendering service remains accountable to the
28 established authority thereof.
29 (3) No provision of this chapter shall be construed to
30 limit the practice of any individual who solely engages in
31 behavior analysis so long as he does not hold himself out to
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 the public as possessing a license issued pursuant to this
2 chapter or use a title protected by this chapter.
3 (4) Nothing in this section shall exempt any person
4 from the provision of s. 490.012(1)(a)-(b).
5 (5) The exemptions contained in this section do not
6 apply to any person licensed under this chapter whose license
7 has been suspended or revoked by the board or another
8 jurisdiction.
9 (6) Nothing in this section shall be construed to
10 exempt a person from meeting the minimum standards of
11 performance in professional activities when measured against
12 generally prevailing peer performance, including the
13 undertaking of activities for which the person is not
14 qualified by training or experience.
15 (5) Any person who is not licensed under this chapter
16 by October 1, 1992, and who desires to become so licensed
17 shall register with the department that person's intent to
18 become fully licensed no later than October 1, 1995. The
19 costs to the department of such registration shall be borne by
20 the registrant. The department may require affidavits and
21 supporting documentation sufficient to demonstrate that the
22 registrant is preparing for examination by October 1, 1995,
23 under this chapter. The department may adopt rules to
24 implement this section. Upon receipt of the department's
25 notice of registration, the registrant may practice services
26 as defined in s. 490.003(4) and (6), provided that the
27 registrant uses "trainee" or "intern" with any title or
28 description of the registrant's work and on any business
29 correspondence and work product, including, but not limited
30 to, a business card, letterhead, sign, billing, or report
31 unless exempt pursuant to this chapter.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Section 10. Section 490.0147, Florida Statutes, is
2 amended to read:
3 490.0147 Confidentiality and privileged
4 communications.--Any communication between any person licensed
5 or provisionally licensed under this chapter and his patient
6 or client shall be confidential. Any provision of law to the
7 contrary notwithstanding, this confidentiality privilege may
8 be waived only under the following conditions:
9 (1) When the person licensed or provisionally licensed
10 under this chapter is a party defendant to a civil, criminal,
11 or disciplinary action arising from a complaint filed by the
12 patient or client, in which case the waiver shall be limited
13 to that action.
14 (2) When the patient or client agrees to the waiver,
15 in writing, or when more than one person in a family is
16 receiving therapy, when each family member agrees to the
17 waiver, in writing.
18 (3) When there is a clear and immediate probability of
19 physical harm to the patient or client, to other individuals,
20 or to society and the person licensed or provisionally
21 licensed under this chapter communicates the information only
22 to the potential victim, appropriate family member, or law
23 enforcement or other appropriate authorities.
24 (4) When the person licensed or provisionally licensed
25 under this chapter is required to release records pursuant to
26 a court order issued by a judge. For purposes of this
27 subsection, a subpoena is not a court order.
28 (5) When the person licensed or provisionally licensed
29 under this chapter performs a psychological evaluation
30 pursuant to a court order issued by a judge.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Section 11. Section 491.003, Florida Statutes, is
2 amended to read:
3 491.003 Definitions.--As used in this chapter:
4 (1)(2) "Board" means the Board of Clinical Social
5 Work, Marriage and Family Therapy, and Mental Health
6 Counseling.
7 (2)(3) "Clinical social worker" means a person
8 licensed under this chapter to practice clinical social work.
9 (3)(4) "Clinical social work experience" is defined as
10 a period during which the applicant provides clinical social
11 work services, including assessment, diagnosis, treatment, and
12 evaluation of clients; provided that at least 50 percent of
13 the hours worked consist of providing psychotherapy and
14 counseling services directly to clients.
15 (4)(1) "Department" means the Department of Health
16 Business and Professional Regulation.
17 (5) "Marriage and family therapist" means a person
18 licensed under this chapter to practice marriage and family
19 therapy.
20 (6) "Mental health counselor" means a person licensed
21 under this chapter to practice mental health counseling.
22 (7) The "practice of clinical social work" is defined
23 as the use of scientific and applied knowledge, theories, and
24 methods for the purpose of describing, preventing, evaluating,
25 and treating individual, couple, marital, family, or group
26 behavior, based on the person-in-situation perspective of
27 psychosocial development, normal and abnormal behavior,
28 psychopathology, unconscious motivation, interpersonal
29 relationships, environmental stress, differential assessment,
30 differential planning, and data gathering. The purpose of
31 such services is the prevention and treatment of undesired
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 behavior and enhancement of mental health. The Such practice
2 of clinical social work includes the use of methods of a
3 psychological nature used to evaluate, assess, diagnose,
4 treat, and prevent emotional and mental disorders and
5 dysfunctions, (whether cognitive, affective, or behavioral),;
6 sexual dysfunction,; behavioral disorders,; alcoholism,; and
7 substance abuse. The practice of clinical social work
8 includes, but is not limited to, psychotherapy, hypnotherapy,
9 and sex therapy. The practice of clinical social work also
10 includes counseling, behavior modification, consultation,
11 client-centered advocacy, crisis intervention, and the
12 provision of needed information and education to clients, when
13 using methods of a psychological nature to evaluate, assess,
14 diagnose, treat, and prevent emotional and mental disorders
15 and dysfunctions (whether cognitive, affective, or
16 behavioral), sexual dysfunction, behavioral disorders,
17 alcoholism, or substance abuse. The practice of clinical
18 social work may also include clinical research into more
19 effective psychotherapeutic modalities for the treatment and
20 prevention of such conditions.
21 (a) Clinical social work treatment includes, but is
22 not limited to:
23 1. Counseling.
24 2. Psychotherapy.
25 3. Behavior modification.
26 4. Hypnotherapy.
27 5. Sex therapy.
28 6. Consultation.
29 7. Client-centered advocacy.
30 8. Crisis intervention.
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 9. Providing needed information and education to
2 clients.
3 (a)(b) Clinical social work may be rendered to
4 individuals, including individuals affected by the termination
5 of marriage, and to marriages, couples, families, groups,
6 organizations, and communities.
7 (b)(c) The use of specific methods, techniques, or
8 modalities within the practice of clinical social work is
9 restricted to clinical social workers appropriately trained in
10 the use of such methods, techniques, or modalities.
11 (c)(d) The terms "diagnose" and "treat," as used in
12 this chapter, when considered in isolation or in conjunction
13 with any provision of the rules of the board, shall not be
14 construed to permit the performance of any act which clinical
15 social workers are not educated and trained to perform,
16 including, but not limited to, admitting persons to hospitals
17 for treatment of the foregoing conditions, treating persons in
18 hospitals without medical supervision, prescribing medicinal
19 drugs as defined in chapter 465, authorizing clinical
20 laboratory procedures pursuant to chapter 483, or radiological
21 procedures, or use of electroconvulsive therapy. In addition,
22 this definition shall not be construed to permit any person
23 licensed, provisionally licensed, registered, or certified
24 pursuant to this chapter to describe or label any test,
25 report, or procedure as "psychological," except to relate
26 specifically to the definition of practice authorized in this
27 subsection.
28 (d)(e) The definition of "clinical social work"
29 contained in this subsection includes all services offered
30 directly to the general public or through organizations,
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 whether public or private, and applies whether payment is
2 requested or received for services rendered.
3 (8) The "practice of marriage and family therapy" is
4 defined as the use of scientific and applied marriage and
5 family theories, methods, and procedures for the purpose of
6 describing, evaluating, and modifying marital, family, and
7 individual behavior, within the context of marital and family
8 systems, including the context of marital formation and
9 dissolution, and is based on marriage and family systems
10 theory, marriage and family development, human development,
11 normal and abnormal behavior, psychopathology, human
12 sexuality, psychotherapeutic and marriage and family therapy
13 theories and techniques. The Such practice of marriage and
14 family therapy includes the use of methods of a psychological
15 nature used to evaluate, assess, diagnose, treat, and prevent
16 emotional and mental disorders or dysfunctions, (whether
17 cognitive, affective, or behavioral),; sexual dysfunction,;
18 behavioral disorders,; alcoholism,; and substance abuse. The
19 practice of marriage and family therapy includes, but is not
20 limited to, marriage and family therapy, psychotherapy,
21 including behavioral family therapy, hypnotherapy, and sex
22 therapy. The practice of marriage and family therapy also
23 includes counseling, behavior modification, consultation,
24 client-centered advocacy, crisis intervention, and the
25 provision of needed information and education to clients, when
26 using methods of a psychological nature to evaluate, assess,
27 diagnose, treat, and prevent emotional and mental disorders
28 and dysfunctions (whether cognitive, affective, or
29 behavioral), sexual dysfunction, behavioral disorders,
30 alcoholism, or substance abuse. The practice of marriage and
31 family therapy may also include clinical research into more
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 effective psychotherapeutic modalities for the treatment and
2 prevention of such conditions.
3 (a) Marriage and family therapy treatment includes,
4 but is not limited to:
5 1. Marriage and family therapy.
6 2. Counseling.
7 3. Psychotherapy, including behavioral family therapy.
8 4. Behavior modification.
9 5. Hypnotherapy.
10 6. Sex therapy.
11 7. Consultation.
12 8. Client advocacy.
13 9. Crisis intervention.
14 10. Providing needed information and education to
15 clients.
16 (a)(b) Marriage and family therapy may be rendered to
17 individuals, including individuals affected by termination of
18 marriage, to couples, whether married or unmarried, to
19 families, or to groups.
20 (b)(c) The use of specific methods, techniques, or
21 modalities within the practice of marriage and family therapy
22 is restricted to marriage and family therapists appropriately
23 trained in the use of such methods, techniques, or modalities.
24 (c)(d) The terms "diagnose" and "treat," as used in
25 this chapter, when considered in isolation or in conjunction
26 with any provision of the rules of the board, shall not be
27 construed to permit the performance of any act which marriage
28 and family therapists are not educated and trained to perform,
29 including, but not limited to, admitting persons to hospitals
30 for treatment of the foregoing conditions, treating persons in
31 hospitals without medical supervision, prescribing medicinal
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 drugs as defined in chapter 465, authorizing clinical
2 laboratory procedures pursuant to chapter 483, or radiological
3 procedures, or use of electroconvulsive therapy. In addition,
4 this definition shall not be construed to permit any person
5 licensed, provisionally licensed, registered, or certified
6 pursuant to this chapter to describe or label any test,
7 report, or procedure as "psychological," except to relate
8 specifically to the definition of practice authorized in this
9 subsection.
10 (d)(e) The definition of "marriage and family therapy"
11 contained in this subsection paragraphs (a)-(d) includes all
12 services offered directly to the general public or through
13 organizations, whether public or private, and applies whether
14 payment is requested or received for services rendered.
15 (9) The "practice of mental health counseling" is
16 defined as the use of scientific and applied behavioral
17 science theories, methods, and techniques for the purpose of
18 describing, evaluating, modifying, preventing, and treating
19 maladaptive and undesired behavior and enhancing mental health
20 and human development and is based on the person-in-situation
21 perspectives derived from research and theory in personality,
22 family, group, and organizational dynamics and development,
23 career planning, cultural diversity, human growth and
24 development, human sexuality, normal and abnormal behavior,
25 psychopathology, psychotherapy, and rehabilitation. The Such
26 practice of mental health counseling includes the use of
27 methods of a psychological nature used to evaluate, assess,
28 diagnose, and treat emotional and mental dysfunctions or
29 disorders, (whether cognitive, affective, or behavioral),;
30 behavioral disorders,; interpersonal relationships,; sexual
31 dysfunction,; alcoholism,; and substance abuse. The practice
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 of mental health counseling includes, but is not limited to,
2 psychotherapy, hypnotherapy, and sex therapy. The practice of
3 mental health counseling also includes counseling, behavior
4 modification, consultation, client-centered advocacy, crisis
5 intervention, and the provision of needed information and
6 education to clients, when using methods of a psychological
7 nature to evaluate, assess, diagnose, treat, and prevent
8 emotional and mental disorders and dysfunctions (whether
9 cognitive, affective, or behavioral), behavioral disorders,
10 sexual dysfunction, alcoholism, or substance abuse. The
11 practice of mental health counseling may also include clinical
12 research into more effective psychotherapeutic modalities for
13 the treatment and prevention of such conditions.
14 (a) Mental health counseling treatment includes, but
15 is not limited to:
16 1. Counseling.
17 2. Psychotherapy.
18 3. Behavior modification.
19 4. Hypnotherapy.
20 5. Sex therapy.
21 6. Consultation.
22 7. Client advocacy.
23 8. Crisis intervention.
24 9. Providing needed information and education to
25 clients.
26 (a)(b) Mental health counseling may be rendered to
27 individuals, including individuals affected by the termination
28 of marriage, and to couples, families, groups, organizations,
29 and communities.
30 (b)(c) The use of specific methods, techniques, or
31 modalities within the practice of mental health counseling is
27
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 restricted to mental health counselors appropriately trained
2 in the use of such methods, techniques, or modalities.
3 (c)(d) The terms "diagnose" and "treat," as used in
4 this chapter, when considered in isolation or in conjunction
5 with any provision of the rules of the board, shall not be
6 construed to permit the performance of any act which mental
7 health counselors are not educated and trained to perform,
8 including, but not limited to, admitting persons to hospitals
9 for treatment of the foregoing conditions, treating persons in
10 hospitals without medical supervision, prescribing medicinal
11 drugs as defined in chapter 465, authorizing clinical
12 laboratory procedures pursuant to chapter 483, or radiological
13 procedures, or use of electroconvulsive therapy. In addition,
14 this definition shall not be construed to permit any person
15 licensed, provisionally licensed, registered, or certified
16 pursuant to this chapter to describe or label any test,
17 report, or procedure as "psychological," except to relate
18 specifically to the definition of practice authorized in this
19 subsection.
20 (d) The definition of "mental health counseling"
21 contained in this subsection includes all services offered
22 directly to the general public or through organizations,
23 whether public or private, and applies whether payment is
24 requested or received for services rendered.
25 (10) "Provisional clinical social worker licensee"
26 means a person provisionally licensed under this chapter to
27 provide clinical social work services under supervision.
28 (11) "Provisional marriage and family therapist
29 licensee" means a person provisionally licensed under this
30 chapter to provide marriage and family therapy services under
31 supervision.
28
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (12) "Provisional mental health counselor licensee"
2 means a person provisionally licensed under this chapter to
3 provide mental health counseling services under supervision.
4 (13)(10) "Psychotherapist" means a clinical social
5 worker, marriage and family therapist, or mental health
6 counselor licensed pursuant to this chapter.
7 (14) "Registered clinical social worker intern" means
8 a person registered under this chapter who is completing the
9 postgraduate clinical social work experience requirement
10 specified in s. 491.005(1)(c).
11 (15) "Registered marriage and family therapist intern"
12 means a person registered under this chapter who is completing
13 the post-master's clinical experience requirement specified in
14 s. 491.005(3)(c).
15 (16) "Registered mental health counselor intern" means
16 a person registered under this chapter who is completing the
17 post-master's clinical experience requirement specified in s.
18 491.005(4)(c).
19 Section 12. Section 491.0045, Florida Statutes, is
20 created to read:
21 491.0045 Intern registration; requirements.--
22 (1) Effective January 1, 1998, an individual who
23 intends to practice in Florida to satisfy the postgraduate or
24 post-master's level experience requirements, as specified in
25 s. 491.005(1)(c), (3)(c), or (4)(c), must register as an
26 intern in the profession for which he or she is seeking
27 licensure prior to commencing the experience requirement.
28 (2) The department shall register as a clinical social
29 worker intern, marriage and family therapist intern, or mental
30 health counselor intern each applicant who the board certifies
31 has:
29
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (a) Completed the application form and remitted a
2 nonrefundable application fee not to exceed $200, as set by
3 board rule;
4 (b) Completed the education requirements as specified
5 in s. 491.005 for the profession for which he or she is
6 applying for licensure; and
7 (c) Identified a qualified supervisor.
8 (3) An individual registered under this section must
9 remain under supervision until he or she is in receipt of a
10 license or a letter from the department stating that he or she
11 is licensed to practice the profession for which he or she
12 applied.
13 Section 13. Section 491.0046, Florida Statutes, is
14 created to read:
15 491.0046 Provisional license; requirements.--
16 (1) An individual who has satisfied the clinical
17 experience requirements of s. 491.005 intending to provide
18 clinical social work, marriage and family therapy, or mental
19 health counseling services in Florida while satisfying
20 coursework or examination requirements for licensure must be
21 provisionally licensed in the profession for which he or she
22 is seeking licensure prior to beginning practice.
23 (2) The department shall issue a provisional clinical
24 social worker license, provisional marriage and family
25 therapist license, or provisional mental health counselor
26 license to each applicant who the board certifies has:
27 (a) Completed the application form and remitted a
28 nonrefundable application fee not to exceed $100, as set by
29 board rule; and
30 (b)1. Earned a graduate degree in social work, a
31 graduate degree with a major emphasis in marriage and family
30
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 therapy or a closely related field, or a graduate degree in a
2 major related to the practice of mental health counseling, and
3 satisfied the clinical experience requirements for licensure
4 pursuant to s. 491.005; or
5 2. Been approved for examination under the provisions
6 for licensure by endorsement pursuant to s. 491.006.
7 (3) A provisional licensee must work under the
8 supervision of a licensed mental health professional, as
9 defined by the board, until he or she is in receipt of a
10 license or a letter from the department stating that he or she
11 is licensed as a clinical social worker, marriage and family
12 therapist, or mental health counselor.
13 (4) A provisional license expires 24 months after the
14 date it is issued and may not be renewed or reissued.
15 Section 14. Section 491.005, Florida Statutes, is
16 amended to read:
17 491.005 Licensure by examination.--
18 (1) Upon verification of documentation and payment of
19 a fee not to exceed $200, as set by board rule, plus the
20 actual per applicant cost to the department for purchase of
21 the examination from the American Association of State Social
22 Worker's Boards or a similar national organization, the
23 department shall issue a license as a clinical social worker
24 to an applicant who the board certifies:
25 (a) Has made application therefor and paid the
26 appropriate fee.
27 (b)1. Has received a doctoral degree in social work
28 from a graduate school of social work which at the time the
29 applicant graduated was accredited by an accrediting agency
30 recognized by the United States Department of Education or has
31 received a master's degree in social work from a graduate
31
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 school of social work which at the time the applicant
2 graduated:
3 a.1. Was accredited by the Council on Social Work
4 Education;
5 b.2. Was accredited by the Canadian Association of
6 Schools of Social Work; or
7 c.3. Has been determined to have been a program
8 equivalent to programs approved by the Council on Social Work
9 Education by the Foreign Equivalency Determination Service of
10 the Council on Social Work Education. An applicant who
11 graduated from a program at a university or college outside of
12 the United States or Canada must present documentation of the
13 equivalency determination from the council in order to
14 qualify.
15 2. The applicant's graduate program must have
16 emphasized direct clinical patient or client health care
17 services, as provided in subsection (2), including, but not
18 limited to, coursework in clinical social work, psychiatric
19 social work, medical social work, social casework,
20 psychotherapy, or group therapy. The applicant's graduate
21 program must have included all of the following coursework:
22 a. A supervised field placement which was part of the
23 applicant's advanced concentration in direct practice, during
24 which the applicant provided clinical services directly to
25 clients.
26 b. Completion of 24 semester hours or 37 quarter hours
27 in theory of human behavior and practice methods as courses in
28 clinically oriented services, including a minimum of one
29 course in psychopathology taken in a school of social work
30 accredited or approved pursuant to subparagraph (b)1.
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 3. If the course title which appears on the
2 applicant's transcript does not clearly identify the content
3 of the coursework, the applicant shall be required to provide
4 additional documentation, including, but not limited to, a
5 syllabus or catalog description published for the course.
6 (c) Has had not less than 2 at least 3 years of
7 clinical social work experience, 2 years of which must be
8 experience which took place subsequent to completion of a
9 graduate degree in social work at an institution meeting the
10 accreditation requirements of this section, under the
11 supervision of a licensed clinical social worker or the
12 equivalent who is a qualified supervisor as determined by the
13 board. An individual who intends to practice in Florida to
14 satisfy clinical experience requirements must register
15 pursuant to s. 491.0045 prior to commencing practice. If the
16 applicant's graduate program was not a program which
17 emphasized direct clinical patient or client health care
18 services as described in s. 491.003, the supervised experience
19 requirement must take place after the applicant has completed
20 a minimum of 15 semester hours or 22 quarter hours of the
21 coursework required. A doctoral internship may be applied
22 toward the clinical social work experience supervision
23 requirement. The experience requirement may be met by work
24 performed on or off the premises of the supervising clinical
25 social worker or the equivalent, provided the off-premises
26 work is not the independent private practice rendering of
27 clinical social work that does not have a licensed mental
28 health professional clinical social worker or the equivalent,
29 as determined by the board, as a member of the group actually
30 rendering services on the premises at the same time the intern
31 is providing services.
33
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (d) Has passed a theory and practice an examination
2 provided by the department for this purpose.
3 (e) Has demonstrated, in a manner designated by rule
4 of the board, knowledge of the laws and rules governing the
5 practice of clinical social work, marriage and family therapy,
6 and mental health counseling.
7 (2)(a) The applicant's program shall be considered to
8 be a program which emphasized direct clinical patient or
9 client health care services if it included all of the
10 following coursework:
11 (a) A supervised field placement which was part of the
12 applicant's advanced concentration in direct practice, during
13 which the applicant provided clinical services directly to
14 clients.
15 (b)1. Completion of 24 semester hours or 37 quarter
16 hours in theory of human behavior and practice methods as
17 courses in clinically oriented services, including a minimum
18 of one course in psychopathology taken in a school of social
19 work accredited by the Council on Social Work Education.
20 However, applicants who had completed the required
21 graduate-level degree in social work prior to October 1, 1990,
22 and who submit a completed application for licensure prior to
23 January 1, 1993, shall be required to complete only 21 of the
24 24 required semester hours or 31 of the 37 required quarter
25 hours in clinically oriented services. If the course title
26 which appears on the applicant's transcript does not clearly
27 identify the content of the coursework, the applicant shall be
28 required to provide additional documentation, including, but
29 not limited to, a syllabus or catalog description published
30 for the course.
31
34
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 2. Notwithstanding the provisions of paragraph (1)(b)
2 subparagraph 1., coursework which was taken at a baccalaureate
3 level shall not be considered toward completion of education
4 requirements for licensure unless an official of the graduate
5 program certifies in writing on the graduate school's
6 stationery that a specific course, which students enrolled in
7 the same graduate program were ordinarily required to complete
8 at the graduate level, was waived or exempted based on
9 completion of a similar course at the baccalaureate level. If
10 this condition is met, the board shall apply the baccalaureate
11 course named toward the education requirements.
12 (b) An applicant from a master's or doctoral program
13 in social work which did not emphasize direct patient or
14 client services may complete the clinical curriculum content
15 requirement by returning to a graduate program accredited by
16 the Council on Social Work Education or the Canadian
17 Association of Schools of Social Work, or to a clinical social
18 work graduate program with comparable standards, in order to
19 complete the education requirements for examination. However,
20 a maximum of 6 semester or 9 quarter hours of the clinical
21 curriculum content requirement may be completed by credit
22 awarded for independent study coursework as defined by board
23 rule.
24 (3) Upon verification of documentation and payment of
25 a fee not to exceed $200, as set by board rule, plus the
26 actual cost to the department for the purchase of the
27 examination from the Association of Marital and Family Therapy
28 Regulatory Board, or similar national organization, the
29 department shall issue a license as a marriage and family
30 therapist to an applicant who the board certifies:
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (a) Has made application therefor and paid the
2 appropriate fee.
3 (b)1. Has a minimum of a master's degree with major
4 emphasis in marriage and family therapy, or a closely related
5 field, and has completed all of the following requirements:
6 a.1. Twenty-seven semester hours or 41 quarter hours
7 of graduate coursework, which must include a minimum of 2
8 semester hours or 3 quarter hours of graduate-level course
9 credits in each of the following nine areas: dynamics of
10 marriage and family systems; marriage therapy and counseling
11 theory and techniques; family therapy and counseling theory
12 and techniques; individual human development theories
13 throughout the life cycle; personality theory;
14 psychopathology; human sexuality theory and counseling
15 techniques; general counseling theory and techniques; and
16 psychosocial theory. Content may be combined, provided no
17 more than two of the nine content areas are included in any
18 one graduate-level course and the applicant can document that
19 the equivalent of 2 semester hours of coursework was devoted
20 to each content area. Courses in research, evaluation,
21 appraisal, assessment, or testing theories and procedures;
22 thesis or dissertation work; or practicums, internships, or
23 fieldwork may not be applied toward this requirement.
24 b.2. A minimum of one graduate-level course of 2
25 semester hours or 3 quarter hours in legal, ethical, and
26 professional standards issues in the practice of marriage and
27 family therapy or a course determined by the board to be
28 equivalent.
29 c.3. A minimum of one graduate-level course of 2
30 semester hours or 3 quarter hours in diagnosis, appraisal,
31 assessment, and testing for individual or interpersonal
36
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 disorder or dysfunction; and a minimum of one 2-semester-hour
2 or 3-quarter-hour graduate-level course in behavioral research
3 which focuses on the interpretation and application of
4 research data as it applies to clinical practice. Credit for
5 thesis or dissertation work, practicums, internships, or
6 fieldwork may not be applied toward this requirement.
7 d.4. A minimum of one supervised clinical practicum,
8 internship, or field experience in a marriage and family
9 counseling setting, during which the student provided 180
10 direct client contact hours of marriage and family therapy
11 services under the supervision of an individual who met the
12 requirements for supervision under paragraph (c). This
13 requirement may be met by a supervised practice experience
14 which took place outside the academic arena, but which is
15 certified as equivalent to a graduate-level practicum or
16 internship program which required a minimum of 180 direct
17 client contact hours of marriage and family therapy services
18 currently offered within an academic program of a college or
19 university accredited by an accrediting agency approved by the
20 United States Department of Education, or an institution which
21 is publicly recognized as a member in good standing with the
22 Association of Universities and Colleges of Canada or a
23 training institution accredited by the Commission on
24 Accreditation for Marriage and Family Therapy Education
25 recognized by the United States Department of Education.
26 Certification shall be required from an official of such
27 college, university, or training institution.
28 2. If the course title which appears on the
29 applicant's transcript does not clearly identify the content
30 of the coursework, the applicant shall be required to provide
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 additional documentation, including, but not limited to, a
2 syllabus or catalog description published for the course.
3
4 The required master's degree must have been received in an
5 institution of higher education which at the time the
6 applicant graduated was: fully accredited by a regional
7 accrediting body recognized by the Commission on Recognition
8 of Postsecondary Accreditation; publicly recognized as a
9 member in good standing with the Association of Universities
10 and Colleges of Canada; or an institution of higher education
11 located outside the United States and Canada, which at the
12 time the applicant was enrolled and at the time the applicant
13 graduated maintained a standard of training substantially
14 equivalent to the standards of training of those institutions
15 in the United States which are accredited by a regional
16 accrediting body recognized by the Commission on Recognition
17 of Postsecondary Accreditation. Such foreign education and
18 training must have been received in an institution or program
19 of higher education officially recognized by the government of
20 the country in which it is located as an institution or
21 program to train students to practice as professional marriage
22 and family therapists or psychotherapists. The burden of
23 establishing that the requirements of this provision have been
24 met shall be upon the applicant, and the board shall may
25 require documentation, such as, but not limited to, an
26 evaluation by a foreign equivalency determination service, as
27 evidence that the applicant's graduate degree program and
28 education were equivalent to an accredited program in this
29 country. An applicant with a master's degree from a program
30 which did not emphasize marriage and family therapy may
31 complete the coursework requirement in a training institution
38
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 fully accredited by the Commission on Accreditation for
2 Marriage and Family Therapy Education recognized by the United
3 States Department of Education.
4 (c) Has had not less than 2 3 years of clinical
5 experience during which 50 percent of the applicant's clients
6 were receiving marriage and family therapy services, 2 years
7 of which must be at the post-master's level under the
8 supervision of a licensed marriage and family therapist with
9 at least 5 years of experience, or the equivalent, who is a
10 qualified supervisor as determined by the board. An
11 individual who intends to practice in Florida to satisfy the
12 clinical experience requirements must register pursuant to s.
13 491.0045 prior to commencing practice. If a graduate has a
14 master's degree with a major emphasis in marriage and family
15 therapy or a closely related field that did not include all
16 the coursework required under sub-subparagraphs (b)1.a.-c.,
17 credit for the post-master's level clinical experience shall
18 not commence until the applicant has completed a minimum of 10
19 of the courses required under sub-subparagraphs (b)1.a.-c., as
20 determined by the board, and at least 12 semester hours or 16
21 quarter hours of the course credits must have been completed
22 in the area of marriage and family systems, theories, or
23 techniques. Within the 3 years of required experience for
24 licensure as a marriage and family therapist, the applicant
25 shall provide direct individual, group, or family therapy and
26 counseling, to include the following categories of cases:
27 unmarried dyads, married couples, separating and divorcing
28 couples, and family groups including children. A doctoral
29 internship may be applied toward the clinical experience
30 supervision requirement. The clinical experience requirement
31 may be met by work performed on or off the premises of the
39
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 supervising marriage and family therapist or the equivalent,
2 provided the off-premises work is not the independent private
3 practice rendering of marriage and family therapy services
4 that does not have a licensed mental health professional
5 marriage and family therapist or the equivalent, as determined
6 by the board, as a member of the group actually rendering
7 services on the premises at the same time the intern is
8 providing services.
9 (d) Has passed a theory and practice an examination
10 provided by the department for this purpose.
11 (e) Has demonstrated, in a manner designated by rule
12 of the board, knowledge of the laws and rules governing the
13 practice of clinical social work, marriage and family therapy,
14 and mental health counseling.
15 (4) Upon verification of documentation and payment of
16 a fee not to exceed $200, as set by board rule, plus the
17 actual per applicant cost to the department for purchase of
18 the examination from the Professional Examination Service for
19 the National Academy of Certified Clinical Mental Health
20 Counselors or a similar national organization, the department
21 shall issue a license as a mental health counselor to an
22 applicant who the board certifies:
23 (a) Has made application therefor and paid the
24 appropriate fee.
25 (b)1. Has received a minimum of an earned master's
26 degree with a major related to the practice of mental health
27 counseling, and has completed all of the following
28 requirements:
29 a.1. Twenty-one semester hours or 32 quarter hours of
30 graduate coursework, which must include a minimum of 2
31 semester hours or 3 quarter hours of graduate-level coursework
40
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 in each of the following seven content areas: counseling
2 theories and practice; human development theories; personality
3 theory; psychopathology or abnormal psychology; human
4 sexuality theories; group theories and practice; and
5 individual evaluation and assessment. Content may be
6 combined, provided no more than two of the seven content areas
7 are included in any one graduate-level course and the
8 applicant can document that the equivalent of 2 semester hours
9 of content was devoted to each content area. Courses in
10 research, thesis or dissertation work, practicums,
11 internships, or fieldwork may not be applied toward this
12 requirement.
13 b.2. A minimum of one 2-semester-hour or
14 3-quarter-hour graduate-level course in research or in career
15 or vocational counseling. Credit for thesis or dissertation
16 work, practicums, internships, or fieldwork may not be applied
17 toward this requirement.
18 c.3. A minimum of 2 semester hours or 3 quarter hours
19 of graduate-level coursework in legal, ethical, and
20 professional standards issues in the practice of mental health
21 counseling, which includes goals and objectives of
22 professional counseling organizations, codes of ethics, legal
23 considerations, standards of preparation, certifications and
24 licensing, and the role identity of counselors. Courses in
25 research, thesis or dissertation work, practicums,
26 internships, or fieldwork may not be applied toward this
27 requirement.
28 d.4. A minimum of one supervised practicum,
29 internship, or field experience in a counseling setting. This
30 requirement may be met by a supervised practice experience
31 which takes place outside the academic arena, but which is
41
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 certified as equivalent to a graduate-level practicum in a
2 clinical mental health counseling setting currently offered
3 within an academic program of a college or university
4 accredited by an accrediting agency approved by the United
5 States Department of Education. Such certification shall be
6 required from an official of such college or university.
7 2. If the course title which appears on the
8 applicant's transcript does not clearly identify the content
9 of the coursework, the applicant shall be required to provide
10 additional documentation, including, but not limited to, a
11 syllabus or catalog description published for the course.
12
13 Except as provided in sub-subparagraph 1.d. subparagraph 4.,
14 education and training in mental health counseling must have
15 been received in an institution of higher education which at
16 the time the applicant graduated was: fully accredited by a
17 regional accrediting body recognized by the Commission on
18 Recognition of Postsecondary Accreditation; publicly
19 recognized as a member in good standing with the Association
20 of Universities and Colleges of Canada; or an institution of
21 higher education located outside the United States and Canada,
22 which at the time the applicant was enrolled and at the time
23 the applicant graduated maintained a standard of training
24 substantially equivalent to the standards of training of those
25 institutions in the United States which are accredited by a
26 regional accrediting body recognized by the Commission on
27 Recognition of Postsecondary Accreditation. Such foreign
28 education and training must have been received in an
29 institution or program of higher education officially
30 recognized by the government of the country in which it is
31 located as an institution or program to train students to
42
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 practice as mental health counselors. The burden of
2 establishing that the requirements of this provision have been
3 met shall be upon the applicant, and the board shall may
4 require documentation, such as, but not limited to, an
5 evaluation by a foreign equivalency determination service, as
6 evidence that the applicant's graduate degree program and
7 education were equivalent to an accredited program in this
8 country.
9 (c) Has had not less than 2 years of a minimum of 3
10 years' clinical experience in mental health counseling, 2
11 years of which must be at the post-master's level under the
12 supervision of a licensed mental health counselor or the
13 equivalent who is a qualified supervisor as determined by the
14 board. An individual who intends to practice in Florida to
15 satisfy the clinical experience requirements must register
16 pursuant to s. 491.0045 prior to commencing practice. If a
17 graduate has a master's degree with a major related to the
18 practice of mental health counseling that did not include all
19 the coursework required under sub-subparagraphs (b)1.a.-c.,
20 credit for the post-master's level clinical experience shall
21 not commence until the applicant has completed a minimum of
22 seven of the courses required under sub-subparagraphs
23 (b)1.a.-c., as determined by the board, and at least 12
24 semester hours or 16 quarter hours of the course credits must
25 have been completed in the area of mental health systems,
26 theories, or techniques. A doctoral internship may be applied
27 toward the clinical experience supervision requirement. The
28 clinical experience requirement may be met by work performed
29 on or off the premises of the supervising mental health
30 counselor or the equivalent, provided the off-premises work is
31 not the independent private practice rendering of services
43
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 that does not have a licensed mental health professional
2 counselor or the equivalent, as determined by the board, as a
3 member of the group actually rendering services on the
4 premises at the same time the intern is providing services.
5 (d) Has passed a theory and practice an examination
6 provided by the department for this purpose.
7 (e) Has demonstrated, in a manner designated by rule
8 of the board, knowledge of the laws and rules governing the
9 practice of clinical social work, marriage and family therapy,
10 and mental health counseling.
11 Section 15. Effective January 1, 2001, paragraph (b)
12 of subsection (3) and paragraphs (b) and (c) of subsection (4)
13 of section 491.005, Florida Statutes, as amended by this act,
14 are amended to read:
15 491.005 Licensure by examination.--
16 (3) Upon verification of documentation and payment of
17 a fee not to exceed $200, as set by board rule, plus the
18 actual cost to the department for the purchase of the
19 examination from the Association of Marital and Family Therapy
20 Regulatory Board, or similar national organization, the
21 department shall issue a license as a marriage and family
22 therapist to an applicant who the board certifies:
23 (b)1. Has a minimum of a master's degree with major
24 emphasis in marriage and family therapy, or a closely related
25 field, and has completed all of the following requirements:
26 a. Thirty-six Twenty-seven semester hours or 48 41
27 quarter hours of graduate coursework, which must include a
28 minimum of 3 2 semester hours or 4 3 quarter hours of
29 graduate-level course credits in each of the following nine
30 areas: dynamics of marriage and family systems; marriage
31 therapy and counseling theory and techniques; family therapy
44
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 and counseling theory and techniques; individual human
2 development theories throughout the life cycle; personality
3 theory or general counseling theory and techniques;
4 psychopathology; human sexuality theory and counseling
5 techniques; general counseling theory and techniques; and
6 psychosocial theory; and substance abuse theory and counseling
7 techniques. Content may be combined, provided no more than
8 two of the nine content areas are included in any one
9 graduate-level course and the applicant can document that the
10 equivalent of 2 semester hours of coursework was devoted to
11 each content area. Courses in research, evaluation,
12 appraisal, assessment, or testing theories and procedures;
13 thesis or dissertation work; or practicums, internships, or
14 fieldwork may not be applied toward this requirement.
15 b. A minimum of one graduate-level course of 3 2
16 semester hours or 4 3 quarter hours in legal, ethical, and
17 professional standards issues in the practice of marriage and
18 family therapy or a course determined by the board to be
19 equivalent.
20 c. A minimum of one graduate-level course of 3 2
21 semester hours or 4 3 quarter hours in diagnosis, appraisal,
22 assessment, and testing for individual or interpersonal
23 disorder or dysfunction; and a minimum of one 3-semester-hour
24 2-semester-hour or 4-quarter-hour 3-quarter-hour
25 graduate-level course in behavioral research which focuses on
26 the interpretation and application of research data as it
27 applies to clinical practice. Credit for thesis or
28 dissertation work, practicums, internships, or fieldwork may
29 not be applied toward this requirement.
30 d. A minimum of one supervised clinical practicum,
31 internship, or field experience in a marriage and family
45
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 counseling setting, during which the student provided 180
2 direct client contact hours of marriage and family therapy
3 services under the supervision of an individual who met the
4 requirements for supervision under paragraph (c). This
5 requirement may be met by a supervised practice experience
6 which took place outside the academic arena, but which is
7 certified as equivalent to a graduate-level practicum or
8 internship program which required a minimum of 180 direct
9 client contact hours of marriage and family therapy services
10 currently offered within an academic program of a college or
11 university accredited by an accrediting agency approved by the
12 United States Department of Education, or an institution which
13 is publicly recognized as a member in good standing with the
14 Association of Universities and Colleges of Canada or a
15 training institution accredited by the Commission on
16 Accreditation for Marriage and Family Therapy Education
17 recognized by the United States Department of Education.
18 Certification shall be required from an official of such
19 college, university, or training institution.
20 2. If the course title which appears on the
21 applicant's transcript does not clearly identify the content
22 of the coursework, the applicant shall be required to provide
23 additional documentation, including, but not limited to, a
24 syllabus or catalog description published for the course.
25
26 The required master's degree must have been received in an
27 institution of higher education which at the time the
28 applicant graduated was: fully accredited by a regional
29 accrediting body recognized by the Commission on Recognition
30 of Postsecondary Accreditation; publicly recognized as a
31 member in good standing with the Association of Universities
46
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 and Colleges of Canada; or an institution of higher education
2 located outside the United States and Canada, which at the
3 time the applicant was enrolled and at the time the applicant
4 graduated maintained a standard of training substantially
5 equivalent to the standards of training of those institutions
6 in the United States which are accredited by a regional
7 accrediting body recognized by the Commission on Recognition
8 of Postsecondary Accreditation. Such foreign education and
9 training must have been received in an institution or program
10 of higher education officially recognized by the government of
11 the country in which it is located as an institution or
12 program to train students to practice as professional marriage
13 and family therapists or psychotherapists. The burden of
14 establishing that the requirements of this provision have been
15 met shall be upon the applicant, and the board shall require
16 documentation, such as, but not limited to, an evaluation by a
17 foreign equivalency determination service, as evidence that
18 the applicant's graduate degree program and education were
19 equivalent to an accredited program in this country. An
20 applicant with a master's degree from a program which did not
21 emphasize marriage and family therapy may complete the
22 coursework requirement in a training institution fully
23 accredited by the Commission on Accreditation for Marriage and
24 Family Therapy Education recognized by the United States
25 Department of Education.
26 (4) Upon verification of documentation and payment of
27 a fee not to exceed $200, as set by board rule, plus the
28 actual per applicant cost to the department for purchase of
29 the examination from the Professional Examination Service for
30 the National Academy of Certified Clinical Mental Health
31 Counselors or a similar national organization, the department
47
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 shall issue a license as a mental health counselor to an
2 applicant who the board certifies:
3 (b)1. Has received a minimum of an earned master's
4 degree from a with a major related to the practice of mental
5 health counseling program accredited by the Council for the
6 Accreditation of Counseling and Related Educational Programs
7 that consists of at least 60 semester hours or 80 quarter
8 hours of clinical and didactic instruction, including a course
9 in human sexuality and substance abuse. If the master's
10 degree is earned from a program related to the practice of
11 mental health counseling that is not accredited by the Council
12 for the Accreditation of Counseling and Related Educational
13 Programs, then the coursework and practicum, internship, or
14 fieldwork must meet, and has completed all of the following
15 requirements:
16 a. Thirty-six Twenty-one semester hours or 48 32
17 quarter hours of graduate coursework, which must include a
18 minimum of 3 2 semester hours or 4 3 quarter hours of
19 graduate-level coursework in each of the following 12 seven
20 content areas: counseling theories and practice; human growth
21 and development theories; personality theory; diagnosis and
22 treatment of psychopathology or abnormal psychology; human
23 sexuality theories; group theories and practice; and
24 individual evaluation and assessment; career and lifestyle
25 assessment; research and program evaluation; social and
26 cultural foundations; foundations of mental health counseling;
27 counseling in community settings; and substance abuse.
28 Content may be combined, provided no more than two of the
29 seven content areas are included in any one graduate-level
30 course and the applicant can document that the equivalent of 2
31 semester hours of content was devoted to each content area.
48
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Courses in research, thesis or dissertation work, practicums,
2 internships, or fieldwork may not be applied toward this
3 requirement.
4 b. A minimum of one 2-semester-hour or 3-quarter-hour
5 graduate-level course in research or in career or vocational
6 counseling. Credit for thesis or dissertation work,
7 practicums, internships, or fieldwork may not be applied
8 toward this requirement.
9 b.c. A minimum of 3 2 semester hours or 4 3 quarter
10 hours of graduate-level coursework in legal, ethical, and
11 professional standards issues in the practice of mental health
12 counseling, which includes goals, and objectives, and
13 practices of professional counseling organizations, codes of
14 ethics, legal considerations, standards of preparation,
15 certifications and licensing, and the role identity and
16 professional obligations of mental health counselors. Courses
17 in research, thesis or dissertation work, practicums,
18 internships, or fieldwork may not be applied toward this
19 requirement.
20 c.d. The equivalent of at least 1,000 hours of
21 university-sponsored A minimum of one supervised clinical
22 practicum, internship, or field experience as required in the
23 accrediting standards of the Council for Accreditation of
24 Counseling and Related Educational Programs for mental health
25 counseling programs. If the academic practicum, internship,
26 or field experience was less than 1,000 hours, experience
27 gained outside the academic arena in clinical mental health
28 settings under the supervision of a qualified supervisor as
29 determined by the board may be applied. This experience may
30 not be used to satisfy the post-master's clinical experience
31 requirement in a counseling setting. This requirement may be
49
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 met by a supervised practice experience which takes place
2 outside the academic arena, but which is certified as
3 equivalent to a graduate-level practicum in a clinical mental
4 health counseling setting currently offered within an academic
5 program of a college or university accredited by an
6 accrediting agency approved by the United States Department of
7 Education. Such certification shall be required from an
8 official of such college or university.
9 2. If the course title which appears on the
10 applicant's transcript does not clearly identify the content
11 of the coursework, the applicant shall be required to provide
12 additional documentation, including, but not limited to, a
13 syllabus or catalog description published for the course.
14
15 Except as provided in subparagraph 4., Education and training
16 in mental health counseling must have been received in an
17 institution of higher education which at the time the
18 applicant graduated was: fully accredited by a regional
19 accrediting body recognized by the Commission on Recognition
20 of Postsecondary Accreditation; publicly recognized as a
21 member in good standing with the Association of Universities
22 and Colleges of Canada; or an institution of higher education
23 located outside the United States and Canada, which at the
24 time the applicant was enrolled and at the time the applicant
25 graduated maintained a standard of training substantially
26 equivalent to the standards of training of those institutions
27 in the United States which are accredited by a regional
28 accrediting body recognized by the Commission on Recognition
29 of Postsecondary Accreditation. Such foreign education and
30 training must have been received in an institution or program
31 of higher education officially recognized by the government of
50
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 the country in which it is located as an institution or
2 program to train students to practice as mental health
3 counselors. The burden of establishing that the requirements
4 of this provision have been met shall be upon the applicant,
5 and the board shall require documentation, such as, but not
6 limited to, an evaluation by a foreign equivalency
7 determination service, as evidence that the applicant's
8 graduate degree program and education were equivalent to an
9 accredited program in this country.
10 (c) Has had not less than 2 years of clinical
11 experience in mental health counseling, which must be at the
12 post-master's level under the supervision of a licensed mental
13 health counselor or the equivalent who is a qualified
14 supervisor as determined by the board. An individual who
15 intends to practice in Florida to satisfy the clinical
16 experience requirements must register pursuant to s. 491.0045
17 prior to commencing practice. If a graduate has a master's
18 degree with a major related to the practice of mental health
19 counseling that did not include all the coursework required
20 under sub-subparagraphs (b)1.a.-b. (b)1.a.-c., credit for the
21 post-master's level clinical experience shall not commence
22 until the applicant has completed a minimum of seven of the
23 courses required under sub-subparagraphs (b)1.a.-b.
24 (b)1.a.-c., as determined by the board, and at least 12
25 semester hours or 16 quarter hours of the course credits must
26 have been completed in the area of mental health systems,
27 theories, or techniques. A doctoral internship may be applied
28 toward the clinical experience requirement. The clinical
29 experience requirement may be met by work performed on or off
30 the premises of the supervising mental health counselor or the
31 equivalent, provided the off-premises work is not the
51
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 independent private practice rendering of services that does
2 not have a licensed mental health professional, as determined
3 by the board, on the premises at the same time the intern is
4 providing services.
5 Section 16. Section 491.0057, Florida Statutes, is
6 created to read:
7 491.0057 Dual licensure as a marriage and family
8 therapist.--The department shall license as a marriage and
9 family therapist any person who demonstrates to the board that
10 he or she:
11 (1) Holds a valid, active license as a psychologist
12 under chapter 490 or as a clinical social worker or mental
13 health counselor under this chapter, or is certified under s.
14 464.012 as an advanced registered nurse practitioner who has
15 been determined by the Board of Nursing as a specialist in
16 psychiatric mental health.
17 (2) Has held a valid, active license for at least 3
18 years.
19 (3) Has a clinical membership in the American
20 Association of Marriage and Family Therapy or submits
21 documentation of the completion of 21 semester hours or 28
22 quarter hours of course credits, including 6 semester hours or
23 8 quarter hours of theoretical foundations of marriage and
24 family therapy, 6 semester hours or 8 quarter hours of
25 assessment and treatment in marriage and family therapy, 6
26 semester hours or 8 quarter hours of human development and
27 family studies, and 3 semester hours or 4 quarter hours of
28 human sexuality theory and practice.
29 (4) Has passed the examination provided by the
30 department for marriage and family therapy.
31
52
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Section 17. Subsection (3) is added to section
2 491.007, Florida Statutes, to read:
3 491.007 Renewal of license, registration, or
4 certificate.--
5 (3) The board or department shall prescribe by rule a
6 method for the biennial renewal of an intern registration at a
7 fee set by rule, not to exceed $100.
8 Section 18. Section 491.009, Florida Statutes, 1996
9 Supplement, is amended to read:
10 491.009 Discipline.--
11 (1) When the department or the board finds that an
12 applicant, licensee, provisional licensee, registered intern,
13 or certificateholder whom it regulates under this chapter has
14 committed any of the acts set forth in subsection (2), it may
15 issue an order imposing one or more of the following
16 penalties:
17 (a) Denial of an application for licensure,
18 registration, or certification, either temporarily or
19 permanently.
20 (b) Revocation of an application for licensure,
21 registration, or certification, either temporarily or
22 permanently.
23 (c) Suspension for a period of up to 5 years or
24 revocation of a license, registration, or certificate, after
25 hearing.
26 (d) Immediate suspension of a license, registration,
27 or certificate pursuant to s. 120.60(6).
28 (e) Imposition of an administrative fine not to exceed
29 $1,000 for each count or separate offense.
30 (f) Issuance of a public reprimand.
31
53
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (g) Placement of an applicant, licensee, registered
2 intern, or certificateholder on probation for a period of time
3 and subject to such conditions as the board may specify,
4 including, but not limited to, requiring the applicant,
5 licensee, registered intern, or certificateholder to submit to
6 treatment, to attend continuing education courses, to submit
7 to reexamination, or to work under the supervision of a
8 designated licensee or certificateholder.
9 (h) Restriction of practice.
10 (2) The following acts of a licensee, provisional
11 licensee, registered intern, certificateholder, or applicant
12 are grounds for which the disciplinary actions listed in
13 subsection (1) may be taken:
14 (a) Attempting to obtain, obtaining, or renewing a
15 license, registration, or certificate under this chapter by
16 bribery or fraudulent misrepresentation or through an error of
17 the board or the department.
18 (b) Having a license, registration, or certificate to
19 practice a comparable profession revoked, suspended, or
20 otherwise acted against, including the denial of certification
21 or licensure by another state, territory, or country.
22 (c) Being convicted or found guilty of, regardless of
23 adjudication, or having entered a plea of nolo contendere to,
24 a crime in any jurisdiction which directly relates to the
25 practice of his profession or the ability to practice his
26 profession. However, in the case of a plea of nolo
27 contendere, the board shall allow the person who is the
28 subject of the disciplinary proceeding to present evidence in
29 mitigation relevant to the underlying charges and
30 circumstances surrounding the plea.
31
54
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (d) False, deceptive, or misleading advertising or
2 obtaining a fee or other thing of value on the representation
3 that beneficial results from any treatment will be guaranteed.
4 (e) Advertising, practicing, or attempting to practice
5 under a name other than one's own.
6 (f) Maintaining a professional association with any
7 person who whom the applicant, licensee, registered intern, or
8 certificateholder knows, or has reason to believe, is in
9 violation of this chapter or of a rule of the department or
10 the board.
11 (g) Knowingly aiding, assisting, procuring, or
12 advising any nonlicensed, nonregistered, or noncertified
13 person to hold himself out as licensed, registered, or
14 certified under this chapter.
15 (h) Failing to perform any statutory or legal
16 obligation placed upon a person licensed, registered, or
17 certified under this chapter.
18 (i) Willfully making or filing a false report or
19 record; failing to file a report or record required by state
20 or federal law; willfully impeding or obstructing the filing
21 of a report or record; or inducing another person to make or
22 file a false report or record or to impede or obstruct the
23 filing of a report or record. Such report or record includes
24 only a report or record which requires the signature of a
25 person licensed, registered, or certified under this chapter.
26 (j) Paying a kickback, rebate, bonus, or other
27 remuneration for receiving a patient or client, or receiving a
28 kickback, rebate, bonus, or other remuneration for referring a
29 patient or client to another provider of mental health care
30 services or to a provider of health care services or goods;
31 referring a patient or client to oneself for services on a
55
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 fee-paid basis when those services are already being paid for
2 by some other public or private entity; or entering into a
3 reciprocal referral agreement.
4 (k) Committing any act upon a patient or client which
5 would constitute sexual battery or which would constitute
6 sexual misconduct as defined pursuant to s. 491.0111.
7 (l) Making misleading, deceptive, untrue, or
8 fraudulent representations in the practice of any profession
9 licensed, registered, or certified under this chapter.
10 (m) Soliciting patients or clients personally, or
11 through an agent, through the use of fraud, intimidation,
12 undue influence, or a form of overreaching or vexatious
13 conduct.
14 (n) Failing to make available to a patient or client,
15 upon written request, copies of tests, reports, or documents
16 in the possession or under the control of the licensee,
17 registered intern, or certificateholder which have been
18 prepared for and paid for by the patient or client.
19 (o) Failing to respond within 30 days to a written
20 communication from the department or the board concerning any
21 investigation by the department or the board, or failing to
22 make available any relevant records with respect to any
23 investigation about the licensee's, registered intern's, or
24 the certificateholder's conduct or background.
25 (p) Being unable to practice the profession for which
26 he is licensed, registered, or certified under this chapter
27 with reasonable skill or competence as a result of any mental
28 or physical condition or by reason of illness; drunkenness; or
29 excessive use of drugs, narcotics, chemicals, or any other
30 substance. In enforcing this paragraph, upon a finding by the
31 secretary, his designee, or the board that probable cause
56
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 exists to believe that the licensee, registered intern, or
2 certificateholder is unable to practice the profession because
3 of the reasons stated in this paragraph, the department shall
4 have the authority to compel a licensee, registered intern, or
5 certificateholder to submit to a mental or physical
6 examination by psychologists, physicians, or other licensees
7 under this chapter, designated by the department or board. If
8 the licensee, registered intern, or certificateholder refuses
9 to comply with such order, the department's order directing
10 the examination may be enforced by filing a petition for
11 enforcement in the circuit court in the circuit in which the
12 licensee, registered intern, or certificateholder resides or
13 does business. The licensee, registered intern, or
14 certificateholder against whom the petition is filed shall not
15 be named or identified by initials in any public court records
16 or documents, and the proceedings shall be closed to the
17 public. The department shall be entitled to the summary
18 procedure provided in s. 51.011. A licensee, registered
19 intern, or certificateholder affected under this paragraph
20 shall at reasonable intervals be afforded an opportunity to
21 demonstrate that he can resume the competent practice for
22 which he is licensed, registered, or certified with reasonable
23 skill and safety to patients.
24 (q) Violating provisions of this chapter, or of
25 chapter 455, or any rules adopted pursuant thereto.
26 (r) Performing any treatment or prescribing any
27 therapy which, by the prevailing standards of the mental
28 health professions in the community, would constitute
29 experimentation on human subjects, without first obtaining
30 full, informed, and written consent.
31
57
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (s) Failing to meet the minimum standards of
2 performance in professional activities when measured against
3 generally prevailing peer performance, including the
4 undertaking of activities for which the licensee, registered
5 intern, or certificateholder is not qualified by training or
6 experience.
7 (t) Delegating professional responsibilities to a
8 person whom the licensee, registered intern, or
9 certificateholder knows or has reason to know is not qualified
10 by training or experience to perform such responsibilities.
11 (u) Violating a rule relating to the regulation of the
12 profession or a lawful order of the department or the board
13 previously entered in a disciplinary hearing.
14 (v) Failure of the licensee, registered intern, or
15 certificateholder to maintain in confidence a communication
16 made by a patient or client in the context of such services,
17 except as provided in s. 491.0147 by written permission or in
18 the face of a clear and immediate probability of bodily harm
19 to the patient or client or to others.
20 (w) 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 (x) Engaging or attempting to engage in the
24 possession, use, sale, or distribution of controlled
25 substances as set forth in chapter 893 for other than
26 legitimate purposes.
27 Section 19. Section 491.012, Florida Statutes, is
28 amended to read:
29 491.012 Violations; penalty; injunction.--
30 (1) It is unlawful and a violation of this chapter for
31 any person to:
58
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 (a) Use the following titles or any combination
2 thereof, unless he holds a valid, active license as a clinical
3 social worker issued pursuant to this chapter:
4 1. "Licensed clinical social worker."
5 2. "Clinical social worker."
6 3. "Licensed social worker."
7 4. "Psychiatric social worker."
8 5. "Psychosocial worker."
9 (b) Use the following titles or any combination
10 thereof, unless he holds a valid, active license as a marriage
11 and family therapist issued pursuant to this chapter:
12 1. "Licensed marriage and family therapist."
13 2. "Marriage and family therapist."
14 3. "Marriage counselor."
15 4. "Marriage consultant."
16 5. "Family therapist."
17 6. "Family counselor."
18 7. "Family consultant."
19 (c) Use the following titles or any combination
20 thereof, unless he holds a valid, active license as a mental
21 health counselor issued pursuant to this chapter:
22 1. "Licensed mental health counselor."
23 2. "Mental health counselor."
24 3. "Mental health therapist."
25 4. "Mental health consultant."
26 (d) Use the terms psychotherapist or sex therapist,
27 unless such person is licensed pursuant to this chapter or
28 chapter 490, or is certified under s. 464.012 as an advanced
29 registered nurse practitioner who has been determined by the
30 Board of Nursing as a specialist in the category of
31 psychiatric mental health and the use of such terms is within
59
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 the scope of his practice based on education, training, and
2 licensure.
3 (e) Present as his own the clinical social work,
4 marriage and family therapy, or mental health counseling
5 license of another.
6 (f) Give false or forged evidence to the board or a
7 member thereof for the purpose of obtaining a license.
8 (g) Use or attempt to use a license issued pursuant to
9 this chapter which has been revoked or is under suspension.
10 (h) Knowingly conceal information relative to
11 violations of this chapter.
12 (i) Beginning October 1, 1992, Practice clinical
13 social work in this state, as the practice is defined in s.
14 491.003(7), for compensation, unless the person holds a valid,
15 an active license to practice clinical social work issued
16 pursuant to this chapter.
17 (j) Beginning October 1, 1992, Practice marriage and
18 family therapy in this state, as the practice is defined in s.
19 491.003(8), for compensation, unless the person holds a valid,
20 an active license to practice marriage and family therapy
21 issued pursuant to this chapter.
22 (k) Beginning October 1, 1992, Practice mental health
23 counseling in this state, as the practice is defined in s.
24 491.003(9), for compensation, unless the person holds a valid,
25 an active license to practice mental health counseling issued
26 pursuant to this chapter.
27 (l) Use the following titles or any combination
28 thereof, unless he or she holds a valid registration as an
29 intern issued pursuant to this chapter:
30 1. "Registered clinical social worker intern."
31 2. "Registered marriage and family therapist intern."
60
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 3. "Registered mental health counselor intern."
2 (m) Use the following titles or any combination
3 thereof, unless he or she holds a valid provisional license
4 issued pursuant to this chapter:
5 1. "Provisional clinical social worker licensee."
6 2. "Provisional marriage and family therapist
7 licensee."
8 3. "Provisional mental health counselor licensee."
9 (2) It is unlawful and a violation of this chapter for
10 any person to describe his services using the following terms
11 or any derivative thereof, unless such person holds a valid,
12 active license under this chapter or chapter 490, or is
13 certified under s. 464.012 as an advanced registered nurse
14 practitioner who has been determined by the Board of Nursing
15 as a specialist in the category of psychiatric mental health
16 under s. 464.012, and the use of such terms is within the
17 scope of his practice based on education, training, and
18 licensure:
19 (a) "Psychotherapy."
20 (b) "Sex therapy."
21 (c) "Sex counseling."
22 (d) "Clinical social work."
23 (e) "Psychiatric social work."
24 (f) "Marriage and family therapy."
25 (g) "Marriage and family counseling."
26 (h) "Marriage counseling."
27 (i) "Family counseling."
28 (j) "Mental health counseling."
29 (3) Any person who violates any provision of
30 subsection (1) or subsection (2) commits a misdemeanor of the
31
61
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 first degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 (4) The department may institute appropriate judicial
4 proceedings to enjoin violation of this section.
5 Section 20. Section 491.014, Florida Statutes, is
6 amended to read:
7 491.014 Exemptions.--
8 (1) No provision of this chapter shall be construed to
9 limit the practice of physicians licensed pursuant to chapter
10 458 or chapter 459, or psychologists licensed pursuant to
11 chapter 490, so long as they do not unlawfully hold themselves
12 out to the public as possessing a license, provisional
13 license, registration, or certificate issued pursuant to this
14 chapter or use a professional title protected by this chapter.
15 (2) No provision of this chapter shall be construed to
16 limit the practice of nursing, school psychology, or
17 psychology, or to prevent qualified members of other
18 professions from doing work of a nature consistent with their
19 training and licensure, so long as they do not hold themselves
20 out to the public as possessing a license, provisional
21 license, registration, or certificate issued pursuant to this
22 chapter or use a title protected by this chapter.
23 (3) No provision of this chapter shall be construed to
24 limit the performance of activities of a rabbi, priest,
25 minister, or clergyman of any religious denomination or sect,
26 or use of the terms "Christian counselor" or "Christian
27 clinical counselor" when the activities are within the scope
28 of the performance of his regular or specialized ministerial
29 duties and no compensation is received by him, or when such
30 activities are performed, with or without compensation, by a
31 person for or under the auspices or sponsorship, individually
62
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 or in conjunction with others, of an established and legally
2 cognizable church, denomination, or sect, and when the person
3 rendering service remains accountable to the established
4 authority thereof, so long as the person does not hold himself
5 or herself out to the public as possessing a license,
6 provisional license, registration, or certificate issued
7 pursuant to this chapter or use a professional title protected
8 by this chapter.
9 (4) No person shall be required to be licensed,
10 provisionally licensed, registered, or certified under this
11 chapter who:
12 (a) Is a salaried employee of a government agency;
13 developmental services program, mental health, alcohol, or
14 drug abuse facility operating pursuant to chapter 393, chapter
15 394, or chapter 397; subsidized child care program, subsidized
16 child care case management program, or child care resource and
17 referral program, operating pursuant to chapter 402;
18 child-placing or child-caring agency licensed pursuant to
19 chapter 409; domestic violence center certified pursuant to
20 chapter 415; accredited academic institution; or research
21 institution, if such employee is performing duties for which
22 he was trained and hired solely within the confines of such
23 agency, facility, or institution.
24 (b) Is a salaried employee of a private, nonprofit
25 organization providing counseling services to children, youth,
26 and families, if such services are provided for no charge, if
27 such employee is performing duties for which he was trained
28 and hired.
29 (c) Is a student providing services regulated under
30 this chapter who is pursuing a course of study which leads to
31 a degree in medicine or a profession regulated by this
63
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 chapter, who is providing services in a training setting,
2 provided such activities or services and associated activities
3 constitute part of a supervised course of study, and or is a
4 graduate accumulating the experience required for any
5 licensure or certification under this chapter, provided such
6 graduate or student is designated by the a title such as
7 "student intern." or "trainee" which clearly indicates the
8 in-training status of the student.
9 (d) Is not a resident of this state but offers
10 services in this state, provided:
11 1. Such services are performed for no more than 5 days
12 in any month and no more than 15 days in any calendar year;
13 and
14 2. Such nonresident is licensed or certified to
15 practice the services provided by a state or territory of the
16 United States or by a foreign country or province.
17 (5) No provision of this chapter shall be construed to
18 limit the practice of any individual who solely engages in
19 behavior analysis so long as he does not hold himself out to
20 the public as possessing a license issued pursuant to this
21 chapter or use a title protected by this chapter.
22 (6) Nothing in subsections (2)-(4) shall exempt any
23 person from the provisions of s. 491.012(1)(a)-(c), (l), and
24 (m).
25 (7) Any person who is not licensed under this chapter
26 by October 1, 1992, and who desires to become so licensed
27 shall register with the department that person's intent to
28 become fully licensed no later than October 1, 1995. The
29 costs to the department of such registration shall be borne by
30 the registrant. The department may require affidavits and
31 supporting documentation sufficient to demonstrate that the
64
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 registrant is preparing for examination by October 1, 1995,
2 under this chapter. The department may adopt rules to
3 implement this section. Upon receipt of the department's
4 notice of registration, the registrant may practice services
5 as defined in s. 491.003(7), (8), and (9), provided that the
6 registrant uses "trainee" or "intern" with any title or
7 description of the registrant's work and on any business
8 correspondence and work product, including, but not limited
9 to, a business card, letterhead, sign, billing, or report
10 unless exempt pursuant to this chapter.
11 (7)(8) The exemptions contained in this section
12 subsection (4) do not apply to any person licensed under this
13 chapter whose license has been suspended or revoked by the
14 board or another jurisdiction.
15 (8)(9) Nothing in this section shall be construed to
16 exempt a person from meeting the minimum standards of
17 performance in professional activities when measured against
18 generally prevailing peer performance, including the
19 undertaking of activities for which the person is not
20 qualified by training or experience.
21 Section 21. Section 491.0147, Florida Statutes, is
22 amended to read:
23 491.0147 Confidentiality and privileged
24 communications.--Any communication between any person
25 licensed, provisionally licensed, registered, or certified
26 under this chapter and his patient or client shall be
27 confidential. Any provision of law to the contrary
28 notwithstanding, this confidentiality secrecy may be waived
29 only under the following conditions:
30 (1) When the person licensed, provisionally licensed,
31 registered, or certified under this chapter is a party
65
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 defendant to a civil, criminal, or disciplinary action arising
2 from a complaint filed by the patient or client, in which case
3 the waiver shall be limited to that action.
4 (2) When the patient or client agrees to the waiver,
5 in writing, or, when more than one person in a family is
6 receiving therapy, when each family member agrees to the
7 waiver, in writing.
8 (3) When there is a clear and immediate probability of
9 physical harm to the patient or client, to other individuals,
10 or to society and the person licensed, provisionally licensed,
11 registered, or certified under this chapter communicates the
12 information only to the potential victim, appropriate family
13 member, or law enforcement or other appropriate authorities.
14 (4) When the person licensed, provisionally licensed,
15 registered, or certified under this chapter is required to
16 release records pursuant to a court order issued by a judge.
17 For purposes of this subsection, a subpoena is not a court
18 order.
19 (5) When the person licensed, provisionally licensed,
20 registered, or certified under this chapter performs an
21 assessment or an evaluation of a psychological nature pursuant
22 to a court order issued by a judge.
23 Section 22. Section 491.0149, Florida Statutes, is
24 amended to read:
25 491.0149 Display of license; use of professional title
26 on promotional materials.--
27 (1)(a) A person licensed under this chapter as a
28 clinical social worker, marriage and family therapist, or
29 mental health counselor, or certified as a master social
30 worker shall conspicuously display the valid license issued by
31
66
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 the department or a true copy thereof at each location at
2 which the licensee practices his profession.
3 (b)1.(2) A licensed clinical social worker shall
4 include the words "licensed clinical social worker" or the
5 letters "LCSW" on all promotional materials, including cards,
6 brochures, stationery, advertisements, and signs, naming the
7 licensee.
8 2.(4) A licensed marriage and family therapist shall
9 include the words "licensed marriage and family therapist" or
10 the letters "LMFT" on all promotional materials, including
11 cards, brochures, stationery, advertisements, and signs,
12 naming the licensee.
13 3.(3) A licensed mental health counselor shall include
14 the words "licensed mental health counselor" or the letters
15 "LMHC" on all promotional materials, including cards,
16 brochures, stationery, advertisements, and signs, naming the
17 licensee.
18 (2)(a) A person registered under this chapter as a
19 clinical social worker intern, marriage and family therapist
20 intern, or mental health counselor intern shall conspicuously
21 display the valid registration issued by the department or a
22 true copy thereof at each location at which the registered
23 intern is completing the experience requirements.
24 (b) A registered clinical social worker intern shall
25 include the words "registered clinical social worker intern,"
26 a registered marriage and family therapist intern shall
27 include the words "registered marriage and family therapist
28 intern," and a registered mental health counselor intern shall
29 include the words "registered mental health counselor intern"
30 on all promotional materials, including cards, brochures,
31
67
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 stationery, advertisements, and signs, naming the registered
2 intern.
3 (3)(a) A person provisionally licensed under this
4 chapter as a provisional clinical social worker licensee,
5 provisional marriage and family therapist licensee, or
6 provisional mental health counselor licensee shall
7 conspicuously display the valid provisional license issued by
8 the department or a true copy thereof at each location at
9 which the provisional licensee is providing services.
10 (b) A provisional clinical social worker licensee
11 shall include the words "provisional clinical social worker
12 licensee," a provisional marriage and family therapist
13 licensee shall include the words "provisional marriage and
14 family therapist licensee," and a provisional mental health
15 counselor licensee shall include the words "provisional mental
16 health counselor licensee" on all promotional materials,
17 including cards, brochures, stationery, advertisements, and
18 signs, naming the provisional licensee.
19 Section 23. Paragraph (d) of subsection (3) of section
20 766.1115, Florida Statutes, 1996 Supplement, is amended to
21 read:
22 766.1115 Health care providers; creation of agency
23 relationship with governmental contractors.--
24 (3) DEFINITIONS.--As used in this section, the term:
25 (d) "Health care provider" or "provider" means:
26 1. A birth center licensed under chapter 383.
27 2. An ambulatory surgical center licensed under
28 chapter 395.
29 3. A hospital licensed under chapter 395.
30 4. A physician licensed, or physician assistant
31 certified, under chapter 458.
68
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 5. An osteopathic physician licensed, or osteopathic
2 physician assistant certified, under chapter 459.
3 6. A chiropractic physician licensed under chapter
4 460.
5 7. A podiatrist licensed under chapter 461.
6 8. A registered nurse, nurse midwife, licensed
7 practical nurse, or advanced registered nurse practitioner
8 licensed or registered under chapter 464 or any facility which
9 employs nurses licensed or registered under chapter 464 to
10 supply all or part of the care delivered under this section.
11 9. A midwife licensed under chapter 467.
12 10. A psychologist licensed under chapter 490.
13 11. A clinical social worker, marriage and family
14 therapist, or mental health counselor licensed under chapter
15 491.
16 12.10. A health maintenance organization certificated
17 under part I of chapter 641.
18 13.11. A health care professional association and its
19 employees or a corporate medical group and its employees.
20 14.12. Any other medical facility the primary purpose
21 of which is to deliver human medical diagnostic services or
22 which delivers nonsurgical human medical treatment, and which
23 includes an office maintained by a provider.
24 15.13. Any other health care professional,
25 practitioner, provider, or facility under contract with a
26 governmental contractor.
27
28 The term includes any nonprofit corporation qualified as
29 exempt from federal income taxation under s. 501(c) of the
30 Internal Revenue Code which delivers health care services
31 provided by licensed professionals listed in this paragraph,
69
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 any federally funded community health center, and any
2 volunteer corporation or volunteer health care provider that
3 delivers health care services.
4 Section 24. Paragraph (b) of subsection (4) of section
5 232.02, Florida Statutes, is amended to read:
6 232.02 Regular school attendance.--Regular attendance
7 is the actual attendance of a pupil during the school day as
8 defined by law and regulations of the state board. Regular
9 attendance within the intent of s. 232.01 may be achieved by
10 attendance in:
11 (4) A home education program as defined in s. 228.041,
12 provided that at least one of the following conditions is met:
13 (b) The parent does not hold a valid regular Florida
14 certificate to teach and complies with the following
15 requirements:
16 1. Notifies the superintendent of schools of the
17 county in which the parent resides of her or his intent to
18 establish and maintain a home education program. The notice
19 shall be in writing, signed by the parent, and shall include
20 the names, addresses, and birthdates of all children who shall
21 be enrolled as students in the home education program. The
22 notice shall be filed in the superintendent's office within 30
23 days of the establishment of the home education program. A
24 written notice of termination of the home education program
25 shall be filed in the superintendent's office within 30 days
26 of said termination.
27 2. Maintains a portfolio of records and materials.
28 The portfolio shall consist of a log, made contemporaneously
29 with the instruction, which designates by title the reading
30 materials used and samples of any writings, worksheets,
31 workbooks, and creative materials used or developed by the
70
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 student. The portfolio shall be preserved by the parent for 2
2 years and shall be made available for inspection by the
3 superintendent, or the superintendent's agent, upon 15 days'
4 written notice.
5 3. Provides for an annual educational evaluation in
6 which is documented the pupil's demonstration of educational
7 progress at a level commensurate with her or his ability. A
8 copy of the evaluation shall be filed annually with the
9 district school board office in the county in which the pupil
10 resides. The annual educational evaluation shall consist of
11 one of the following:
12 a. A teacher selected by the parent shall evaluate the
13 pupil's educational progress upon review of the portfolio and
14 discussion with the pupil. Such teacher shall hold a valid
15 regular Florida certificate to teach academic subjects at the
16 elementary or secondary level. The teacher shall submit a
17 written evaluation to the school superintendent;
18 b. The pupil shall take any nationally normed student
19 achievement test used by the district and administered by a
20 certified teacher. Such test results shall be reported to the
21 school superintendent;
22 c. The pupil shall take a state student assessment
23 test. Such test results shall be reported to the school
24 superintendent;
25 d. The pupil shall be evaluated by an individual
26 holding a valid, active license pursuant to the provisions of
27 s. 490.003(7)(3) or (8)(5). Such results shall be reported to
28 the school superintendent; or
29 e. The pupil shall be evaluated with any other valid
30 measurement tool as mutually agreed upon by the school
31 superintendent of the district in which the pupil resides and
71
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 the pupil's parent or guardian. Such results shall be
2 reported to the superintendent.
3
4 The school superintendent shall review and accept the results
5 of the annual educational evaluation of the pupil in a home
6 education program. If the pupil does not demonstrate
7 educational progress at a level commensurate with her or his
8 ability, the superintendent shall notify the parent, in
9 writing, that such progress has not been achieved. The parent
10 shall have 1 year from the date of receipt of the written
11 notification to provide remedial instruction to the pupil. At
12 the end of the 1-year probationary period, the pupil shall be
13 reevaluated as specified in this subparagraph. Continuation
14 in a home education program shall be contingent upon the pupil
15 demonstrating educational progress commensurate with her or
16 his ability at the end of the probationary period.
17 Section 25. Subsection (2) of section 394.455, Florida
18 Statutes, 1996 Supplement, is amended to read:
19 394.455 Definitions.--As used in this part, unless the
20 context clearly requires otherwise, the term:
21 (2) "Clinical psychologist" means a psychologist as
22 defined in s. 490.003(7)(3) with 3 years of postdoctoral
23 experience in the practice of clinical psychology, inclusive
24 of the experience required for licensure, or a psychologist
25 employed by a facility operated by the United States
26 Department of Veterans Affairs that qualifies as a receiving
27 or treatment facility under this part.
28 Section 26. The Legislature directs the Agency for
29 Health Care Administration and the Department of Health to
30 appoint a work group to conduct an analysis of community
31 mental health care services and to make recommendations to the
72
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 Legislature as to what qualifications should be required for
2 people delivering each service in the array of care provided
3 in community mental health care settings. The work group
4 shall be comprised of and limited to a representative of the
5 Board of Psychology; a representative of the Board of Clinical
6 Social Work, Marriage and Family Therapy, and Mental Health
7 Counselors; a representative of the Division of Health Quality
8 Assurance of the Agency for Health Care Administration; a
9 representative of the Alcohol, Drug Abuse, and Mental Health
10 Program Office of the Department of Children and Family
11 Services; a psychiatrist; and a provider of community mental
12 health care services. The work group shall work in
13 consultation with private mental health practitioners and
14 community mental health care service providers. The
15 recommendations shall be made available to the Legislature no
16 later than January 1, 1998.
17 Section 27. Except as otherwise provided herein, this
18 act shall take effect October 1, 1997.
19
20
21
22
23
24
25
26
27
28
29
30
31
73
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 329
281-171-97
1 *****************************************
2 HOUSE SUMMARY
3
Includes specified mental health professionals within the
4 definition of "practitioner of the healing arts."
5
Revises and provides definitions relating to the
6 regulation of psychological services. Provides for
provisional licensure. Repeals an unnecessary provision
7 relating to inactive status. Authorizes the Board of
Psychology to designate an organization responsible for
8 approval of continuing education providers, programs, and
courses for psychologists. Revises and provides grounds
9 for disciplinary action. Provides requirements for
display of licenses and provisional licenses, eliminates
10 a requirement relating to use of the license number on
professional advertisements, and provides requirements
11 for promotional materials of provisional licensees.
Clarifies applicability of exemption provisions. Removes
12 an obsolete licensing exemption that required
registration of certain trainees or interns. Revises
13 provisions relating to waiver of secrecy of confidential
communication.
14
15 Revises and provides definitions relating to the
regulation of clinical, counseling, and psychotherapy
16 services. Requires registration of interns and provides
requirements thereof. Provides for provisional
17 licensure. Revises requirements for licensure by
examination. Provides for additional educational
18 requirements at a future date. Provides for dual
licensure as a marriage and family therapist. Provides
19 for biennial renewal of registrations, including fees.
Revises and provides grounds for disciplinary action.
20 Prohibits the use of certain titles under certain
circumstances. Revises and clarifies exemption
21 provisions. Removes an obsolete licensing exemption that
required registration of certain trainees or interns.
22 Revises provisions relating to waiver of secrecy of
confidential communication. Requires display of
23 registrations and provisional licenses and use of
applicable professional titles on promotional materials.
24
25 Includes specified mental health professionals within the
definition of "health care provider" under the Access to
26 Health Care Act.
27
Provides for a work group to analyze community mental
28 health care services and requires recommendations to the
Legislature.
29
30 See bill for details.
31
74