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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