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House Bill 0329c1

Florida House of Representatives - 1997 CS/HB 329 By the Committee on Health Care Standards & Regulatory Reform and 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. 13 490.009, F.S.; revising and providing grounds 14 for disciplinary action; amending s. 490.012, 15 F.S.; providing requirements for display of 16 licenses and provisional licenses; eliminating 17 a requirement relating to use of the license 18 number on professional advertisements; 19 providing requirements for promotional 20 materials of provisional licensees; conforming 21 cross-references; providing penalties; amending 22 s. 490.014, F.S.; clarifying applicability of 23 exemption provisions; removing an obsolete 24 licensing exemption that required registration 25 of certain trainees or interns; amending s. 26 491.003, F.S.; revising and providing 27 definitions relating to the regulation of 28 clinical, counseling, and psychotherapy 29 services; creating s. 491.0045, F.S.; requiring 30 registration of interns and providing 31 requirements thereof; creating s. 491.0046, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 F.S.; providing for provisional licensure; 2 amending s. 491.005, F.S.; revising 3 requirements for licensure by examination; 4 providing for additional educational 5 requirements at a future date; creating s. 6 491.0057, F.S.; providing for dual licensure as 7 a marriage and family therapist; amending s. 8 491.007, F.S.; providing for biennial renewal 9 of registrations; providing for fees; amending 10 s. 491.009, F.S.; revising and providing 11 grounds for disciplinary action; amending s. 12 491.012, F.S.; prohibiting the use of certain 13 titles under certain circumstances; providing a 14 penalty; amending s. 491.014, F.S.; revising 15 and clarifying exemption provisions; removing 16 an obsolete licensing exemption that required 17 registration of certain trainees or interns; 18 amending s. 491.0149, F.S.; requiring display 19 of registrations and provisional licenses and 20 use of applicable professional titles on 21 promotional materials; amending ss. 232.02, 22 394.455, F.S.; conforming cross-references; 23 providing effective dates. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (3) of section 456.32, Florida 28 Statutes, is amended to read: 29 456.32 Definitions.--In construing this chapter, the 30 words, phrases, or terms, unless the context otherwise 31 indicates, shall have the following meanings: 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (3) "Practitioner of the healing arts" shall mean a 2 person licensed under the laws of the state to practice 3 medicine, surgery, psychiatry, dentistry, osteopathic 4 medicine, chiropractic, naturopathy, podiatry, chiropody, 5 psychology, clinical social work, marriage and family therapy, 6 mental health counseling, or optometry within the scope of his 7 professional training and competence and within the purview of 8 the statutes applicable to his respective profession, and who 9 may refer a patient for treatment by a qualified person, who 10 shall employ hypnotic techniques under the supervision, 11 direction, prescription, and responsibility of such referring 12 practitioner. 13 Section 2. Section 490.003, Florida Statutes, is 14 amended to read: 15 490.003 Definitions.--As used in this chapter: 16 (1)(2) "Board" means the Board of Psychology. 17 (2)(1) "Department" means the Department of Health 18 Business and Professional Regulation. 19 (3)(7)(a) Prior to July 1, 1999, "doctoral-level 20 psychological education" and "doctoral degree in psychology" 21 mean a Psy.D., an and 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 accrediting 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 agency recognized and approved by the United States Department 2 of Education or was comparable to such programs. 3 (b) Effective July 1, 1999, "doctoral-level 4 psychological education" and "doctoral degree in psychology" 5 mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in 6 psychology from: 7 1. An educational institution which, at the time the 8 applicant was enrolled and graduated, had institutional 9 accreditation from an agency recognized and approved by the 10 United States Department of Education or was recognized as a 11 member in good standing with the Association of Universities 12 and Colleges of Canada; and 13 2. A psychology program within that educational 14 institution which, at the time the applicant was enrolled and 15 graduated, had programmatic accreditation from an agency 16 recognized and approved by the United States Department of 17 Education. 18 (4) "Practice of psychology" means the observations, 19 description, evaluation, interpretation, and modification of 20 human behavior, by the use of scientific and applied 21 psychological principles, methods, and procedures, for the 22 purpose of describing, preventing, alleviating, or eliminating 23 symptomatic, maladaptive, or undesired behavior and of 24 enhancing interpersonal behavioral health and mental or 25 psychological health. The ethical practice of psychology 26 includes, but is not limited to, psychological testing and the 27 evaluation or assessment of personal characteristics such as 28 intelligence, personality, abilities, interests, aptitudes, 29 and neuropsychological functioning, including evaluation of 30 mental competency to manage one's affairs and to participate 31 in legal proceedings; counseling, psychoanalysis, all forms of 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 psychotherapy, sex therapy, hypnosis, biofeedback, and 2 behavioral analysis and therapy; psychoeducational evaluation, 3 therapy, remediation, and consultation; and use of 4 psychological methods to diagnose and treat mental, nervous, 5 psychological, marital, or emotional disorders, illness, or 6 disability, alcoholism and substance abuse, and disorders of 7 habit or conduct, as well as the psychological aspects of 8 physical illness, accident, injury, or disability, including 9 neuropsychological evaluation, diagnosis, prognosis, etiology, 10 and treatment. 11 (a) Psychological services may be rendered to 12 individuals, couples, families, groups, and the public without 13 regard to place of service. 14 (b) The use of specific modalities within the practice 15 of psychology is restricted to psychologists appropriately 16 trained in the use of such modalities. 17 (c) The practice of psychology shall be construed 18 within the meaning of this definition without regard to 19 whether payment is requested or received for services 20 rendered. 21 (5)(6) "Practice of school psychology" means the 22 rendering or offering to render to an individual, a group, an 23 organization, a government agency, or the public any of the 24 following services: 25 (a) Assessment, which includes psychoeducational, 26 developmental, and vocational assessment; evaluation and 27 interpretation of intelligence, aptitudes, interests, academic 28 achievement, adjustment, and motivations, or any other 29 attributes, in individuals or groups, that relate to learning, 30 educational, or adjustment needs. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (b) Counseling, which includes short-term 2 situation-oriented professional interaction with children, 3 parents, or other adults for amelioration or prevention of 4 learning and adjustment problems. Counseling services 5 relative to the practice of school psychology include verbal 6 interaction, interviewing, behavior techniques, developmental 7 and vocational intervention, environmental management, and 8 group processes. 9 (c) Consultation, which includes psychoeducational, 10 developmental, and vocational assistance or direct educational 11 services to schools, agencies, organizations, families, or 12 individuals related to learning problems and adjustments to 13 those problems. 14 (d) Development of programs, which includes designing, 15 implementing, or evaluating educationally and psychologically 16 sound learning environments; acting as a catalyst for teacher 17 involvement in adaptations and innovations; and facilitating 18 the psychoeducational development of individual families or 19 groups. 20 (6) "Provisional psychologist licensee" means a person 21 provisionally licensed under this chapter to provide 22 psychological services under supervision. 23 (7)(3) "Psychologist" means a person licensed pursuant 24 to s. 490.005(1), s. 490.006, or the provision identified as 25 s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida. 26 (8)(5) "School psychologist" means a person licensed 27 pursuant to s. 490.005(2), s. 490.006, or the provision 28 identified as s. 490.013(1) in s. 1, chapter 81-235, Laws of 29 Florida. 30 Section 3. Paragraph (b) of subsection (1) of section 31 490.005, Florida Statutes, is amended to read: 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 490.005 Licensure by examination.-- 2 (1) Any person desiring to be licensed as a 3 psychologist shall apply to the department to take the 4 licensure examination. The department shall license each 5 applicant who the board certifies has: 6 (b) Submitted proof satisfactory to the board that the 7 applicant has: 8 1. Received doctoral-level psychological education, as 9 defined in s. 490.003(3)(7); 10 2. Received the equivalent of a doctoral-level 11 psychological education, as defined in s. 490.003(3)(7), from 12 a program at a school or university located outside the United 13 States of America and Canada, which was officially recognized 14 by the government of the country in which it is located as an 15 institution or program to train students to practice 16 professional psychology. The burden of establishing that the 17 requirements of this provision have been met shall be upon the 18 applicant; or 19 3. Received and submitted to the board, prior to July 20 1, 1999, certification of an augmented doctoral-level 21 psychological education from the program director of a 22 doctoral-level psychology program accredited by a programmatic 23 agency recognized and approved by the United States Department 24 of Education. 25 Section 4. Section 490.0051, Florida Statutes, is 26 created to read: 27 490.0051 Provisional licensure; requirements.-- 28 (1) The department shall issue a provisional 29 psychology license to each applicant who the board certifies 30 has: 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (a) Completed the application form and remitted a 2 nonrefundable application fee not to exceed $250, as set by 3 board rule. 4 (b) Earned a doctoral degree in psychology as defined 5 in s. 490.003(3). 6 (c) Met any additional requirements established by 7 board rule. 8 (2) A provisional licensee must work under the 9 supervision of a licensed psychologist until the provisional 10 licensee is in receipt of a license or a letter from the 11 department stating that he or she is licensed as a 12 psychologist. 13 (3) A provisional license expires 24 months after the 14 date it is issued and may not be renewed or reissued. 15 Section 5. Section 490.008, Florida Statutes, as 16 amended by chapter 94-119, Laws of Florida, is repealed. 17 Section 6. Section 490.009, Florida Statutes, 1996 18 Supplement, is amended to read: 19 490.009 Discipline.-- 20 (1) When the department or, in the case of 21 psychologists, the board finds that an applicant, provisional 22 licensee, or licensee whom it regulates under this chapter has 23 committed any of the acts set forth in subsection (2), it may 24 issue an order imposing one or more of the following 25 penalties: 26 (a) Denial of an application for licensure, either 27 temporarily or permanently. 28 (b) Revocation of an application for licensure, either 29 temporarily or permanently. 30 (c) Suspension for a period of up to 5 years or 31 revocation of a license, after hearing. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (d) Immediate suspension of a license pursuant to s. 2 120.60(6). 3 (e) Imposition of an administrative fine not to exceed 4 $5,000 for each count or separate offense. 5 (f) Issuance of a public reprimand. 6 (g) Placement of an applicant or licensee on probation 7 for a period of time and subject to conditions specified by 8 the department or, in the case of psychologists, by the board, 9 including, but not limited to, requiring the applicant or 10 licensee to submit to treatment, to attend continuing 11 education courses, to submit to reexamination, or to work 12 under the supervision of a designated licensee. 13 (h) Restriction of practice. 14 (2) The following acts of a licensee, provisional 15 licensee, or applicant are grounds for which the disciplinary 16 actions listed in subsection (1) may be taken: 17 (a) Attempting to obtain, obtaining, or renewing a 18 license under this chapter by bribery or fraudulent 19 misrepresentation or through an error of the board or 20 department. 21 (b) Having a license to practice a comparable 22 profession revoked, suspended, or otherwise acted against, 23 including the denial of certification or licensure by another 24 state, territory, or country. 25 (c) Being convicted or found guilty, regardless of 26 adjudication, of a crime in any jurisdiction which directly 27 relates to the practice of his profession or the ability to 28 practice his profession. A plea of nolo contendere creates a 29 rebuttable presumption of guilt of the underlying criminal 30 charges. However, the board shall allow the person who is the 31 subject of the disciplinary proceeding to present any evidence 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 relevant to the underlying charges and circumstances 2 surrounding the plea. 3 (d) False, deceptive, or misleading advertising or 4 obtaining a fee or other thing of value on the representation 5 that beneficial results from any treatment will be guaranteed. 6 (e) Advertising, practicing, or attempting to practice 7 under a name other than one's own. 8 (f) Maintaining a professional association with any 9 person who whom the applicant or licensee knows, or has reason 10 to believe, is in violation of this chapter or of a rule of 11 the department or, in the case of psychologists, of the 12 department or the board. 13 (g) Knowingly aiding, assisting, procuring, or 14 advising any nonlicensed person to hold himself out as 15 licensed under this chapter. 16 (h) Failing to perform any statutory or legal 17 obligation placed upon a person licensed 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 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 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 in s. 490.0111. 7 (l) Making misleading, deceptive, untrue, or 8 fraudulent representations in the practice of any profession 9 licensed 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 test results, reports, or 16 documents in the possession or under the control of the 17 licensee which have been prepared for and paid for by the 18 patient or client. 19 (o) Failing to respond within 30 days to a written 20 communication from the department concerning any investigation 21 by the department or to make available any relevant records 22 with respect to any investigation about the licensee's conduct 23 or background. 24 (p) Being unable to practice the profession for which 25 he is licensed under this chapter with reasonable skill or 26 competence as a result of any mental or physical condition or 27 by reason of illness; drunkenness; or excessive use of drugs, 28 narcotics, chemicals, or any other substance. In enforcing 29 this paragraph, upon a finding by the secretary, his designee, 30 or the board that probable cause exists to believe that the 31 licensee is unable to practice the profession because of the 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 reasons stated in this paragraph, the department shall have 2 the authority to compel a licensee to submit to a mental or 3 physical examination by psychologists or physicians designated 4 by the department or board. If the licensee refuses to comply 5 with the department's order, the department may file a 6 petition for enforcement in the circuit court of the circuit 7 in which the licensee resides or does business. The licensee 8 shall not be named or identified by initials in the petition 9 or in any other public court records or documents, and the 10 enforcement proceedings shall be closed to the public. The 11 department shall be entitled to the summary procedure provided 12 in s. 51.011. A licensee affected under this paragraph shall 13 be afforded an opportunity at reasonable intervals to 14 demonstrate that he can resume the competent practice for 15 which he is licensed with reasonable skill and safety to 16 patients. 17 (q) Violating provisions of this chapter, or of 18 chapter 455, or any rules adopted pursuant thereto. 19 (r) Performing any treatment or prescribing any 20 therapy which, by the prevailing standards of the mental 21 health professions in the community, would constitute 22 experimentation on human subjects, without first obtaining 23 full, informed, and written consent. 24 (s) Failing to meet the minimum standards of 25 performance in professional activities when measured against 26 generally prevailing peer performance, including the 27 undertaking of activities for which the licensee is not 28 qualified by training or experience. 29 (t) Delegating professional responsibilities to a 30 person whom the licensee knows or has reason to know is not 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 qualified by training or experience to perform such 2 responsibilities. 3 (u) Violating a rule relating to the regulation of the 4 profession or a lawful order of the department previously 5 entered in a disciplinary hearing. 6 (v) Failing to maintain in confidence a communication 7 made by a patient or client in the context of such services, 8 except as provided in s. 490.0147 by written permission or in 9 the face of a clear and immediate probability of bodily harm 10 to the patient or client or to others. 11 (w) Making public statements which are derived from 12 test data, client contacts, or behavioral research and which 13 identify or damage research subjects or clients. 14 Section 7. Section 490.012, Florida Statutes, is 15 amended to read: 16 490.012 Violations; penalties; injunction.-- 17 (1)(a) No person shall hold himself out by any title 18 or description incorporating the words, or permutations of 19 them, "psychologist," "psychology," "psychological," 20 "psychodiagnostic," or "school psychologist," or describe any 21 test or report as psychological, unless such person holds a 22 valid, active license under this chapter or is exempt from the 23 provisions of this chapter. 24 (b) No person shall hold himself out by any title or 25 description incorporating the word, or a permutation of the 26 word, "psychotherapy" unless such person holds a valid, active 27 license under chapter 458, chapter 459, chapter 490, or 28 chapter 491, or such person is certified as an advanced 29 registered nurse practitioner, pursuant to s. 464.012, who has 30 been determined by the Board of Nursing as a specialist in 31 psychiatric mental psychiatric/mental health nursing. 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (c) No person licensed or provisionally licensed 2 pursuant to this chapter shall hold himself out by any title 3 or description which indicates licensure other than that which 4 has been granted to him. 5 (2)(a) A licensed psychologist shall conspicuously 6 display the valid, active license issued by the department or 7 a true copy thereof at each location at which the licensee 8 practices his or her profession. 9 (b) A licensed psychologist shall include the words 10 "licensed psychologist" and his license number on all 11 professional advertisements, including, but not limited to, 12 advertisements in any newspaper, magazine, other print medium, 13 airwave or broadcast transmission, or phone directory listing 14 purchased by or on behalf of a person licensed according to 15 this chapter. 16 (3)(a) A person provisionally licensed under this 17 chapter as a provisional psychologist licensee shall 18 conspicuously display the valid provisional license issued by 19 the department or a true copy thereof at each location at 20 which the provisional licensee is providing services. 21 (b) A provisional psychologist licensee shall include 22 the words "provisional psychologist licensee" on all 23 promotional materials, including cards, brochures, stationery, 24 advertisements, and signs, naming the provisional licensee. 25 (4)(3) Any person who violates any provision of this 26 section, except for subsections (2) and (3), commits a 27 misdemeanor of the first degree, punishable as provided in s. 28 775.082 or s. 775.083. Any person who violates any provision 29 of subsection (2) or subsection (3) is subject to disciplinary 30 action under s. 490.009. 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (5)(4) The department may institute appropriate 2 proceedings to enjoin violation of subsection (1). 3 (6)(5) Beginning October 1, 1992, No person shall 4 practice psychology in this state, as such practice is defined 5 in s. 490.003(4), for compensation, unless such person holds 6 an active, valid license to practice psychology issued 7 pursuant to this chapter. Nothing in this subsection shall be 8 construed to limit the practice of school psychology, as such 9 practice is defined in s. 490.003(5)(6). 10 (7)(6) Beginning October 1, 1992, No person shall 11 practice school psychology in this state, as such practice is 12 defined in s. 490.003(5)(6), for compensation, unless such 13 person holds an active, valid license to practice school 14 psychology issued pursuant to this chapter. 15 Section 8. Section 490.014, Florida Statutes, is 16 amended to read: 17 490.014 Exemptions.-- 18 (1)(a) No provision of this chapter shall be construed 19 to limit the practice of physicians licensed pursuant to 20 chapter 458 or chapter 459 so long as they do not hold 21 themselves out to the public as psychologists or use a 22 professional title protected by this chapter. 23 (b) No provision of this chapter shall be construed to 24 limit the practice of nursing, clinical social work, marriage 25 and family therapy, mental health counseling, or other 26 recognized businesses or professions, or to prevent qualified 27 members of other professions from doing work of a nature 28 consistent with their training, so long as they do not hold 29 themselves out to the public as psychologists or use a title 30 protected by this chapter. Nothing in this subsection shall 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 be construed to exempt any person from the provisions of s. 2 490.012. 3 (2) No person shall be required to be licensed or 4 provisionally licensed under this chapter who: 5 (a) Is a salaried employee of a government agency; 6 developmental services program, mental health, alcohol, or 7 drug abuse facility operating pursuant to chapter 393, chapter 8 394, or chapter 397; subsidized child care program, subsidized 9 child care case management program, or child care resource and 10 referral program, operating pursuant to chapter 402; 11 child-placing or child-caring agency licensed pursuant to 12 chapter 409; domestic violence center certified pursuant to 13 chapter 415; accredited academic institution; or research 14 institution, if such employee is performing duties for which 15 he was trained and hired solely within the confines of such 16 agency, facility, or institution. 17 (b) Is a salaried employee of a private, nonprofit 18 organization providing counseling services to children, youth, 19 and families, if such services are provided for no charge, if 20 such employee is performing duties for which he was trained 21 and hired. 22 (c) Is a student who is pursuing a course of study 23 which leads to a degree in medicine or a profession regulated 24 by this chapter who is providing services in a training 25 setting, provided such activities or services constitute part 26 of a supervised course of study, or is a graduate accumulating 27 the experience required for any licensure under this chapter, 28 provided such graduate or student is designated by a title 29 such as "intern" or "trainee" which clearly indicates the 30 in-training status of the student. 31 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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) Except as stipulated by the board, the exemptions 6 contained in this section do not apply to any person licensed 7 under this chapter whose license has been suspended or revoked 8 by the board or another jurisdiction. 9 (5) Any person who is not licensed under this chapter 10 by October 1, 1992, and who desires to become so licensed 11 shall register with the department that person's intent to 12 become fully licensed no later than October 1, 1995. The 13 costs to the department of such registration shall be borne by 14 the registrant. The department may require affidavits and 15 supporting documentation sufficient to demonstrate that the 16 registrant is preparing for examination by October 1, 1995, 17 under this chapter. The department may adopt rules to 18 implement this section. Upon receipt of the department's 19 notice of registration, the registrant may practice services 20 as defined in s. 490.003(4) and (6), provided that the 21 registrant uses "trainee" or "intern" with any title or 22 description of the registrant's work and on any business 23 correspondence and work product, including, but not limited 24 to, a business card, letterhead, sign, billing, or report 25 unless exempt pursuant to this chapter. 26 Section 9. Section 491.003, Florida Statutes, is 27 amended to read: 28 491.003 Definitions.--As used in this chapter: 29 (1)(2) "Board" means the Board of Clinical Social 30 Work, Marriage and Family Therapy, and Mental Health 31 Counseling. 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (2)(3) "Clinical social worker" means a person 2 licensed under this chapter to practice clinical social work. 3 (3)(4) "Clinical social work experience" is defined as 4 a period during which the applicant provides clinical social 5 work services, including assessment, diagnosis, treatment, and 6 evaluation of clients; provided that at least 50 percent of 7 the hours worked consist of providing psychotherapy and 8 counseling services directly to clients. 9 (4)(1) "Department" means the Department of Health 10 Business and Professional Regulation. 11 (5) "Marriage and family therapist" means a person 12 licensed under this chapter to practice marriage and family 13 therapy. 14 (6) "Mental health counselor" means a person licensed 15 under this chapter to practice mental health counseling. 16 (7) The "practice of clinical social work" is defined 17 as the use of scientific and applied knowledge, theories, and 18 methods for the purpose of describing, preventing, evaluating, 19 and treating individual, couple, marital, family, or group 20 behavior, based on the person-in-situation perspective of 21 psychosocial development, normal and abnormal behavior, 22 psychopathology, unconscious motivation, interpersonal 23 relationships, environmental stress, differential assessment, 24 differential planning, and data gathering. The purpose of 25 such services is the prevention and treatment of undesired 26 behavior and enhancement of mental health. The Such practice 27 of clinical social work includes the use of methods of a 28 psychological nature used to evaluate, assess, diagnose, 29 treat, and prevent emotional and mental disorders and 30 dysfunctions, (whether cognitive, affective, or behavioral),; 31 sexual dysfunction,; behavioral disorders,; alcoholism,; and 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 substance abuse. The practice of clinical social work 2 includes, but is not limited to, psychotherapy, hypnotherapy, 3 and sex therapy. The practice of clinical social work also 4 includes counseling, behavior modification, consultation, 5 client-centered advocacy, crisis intervention, and the 6 provision of needed information and education to clients, when 7 using methods of a psychological nature to evaluate, assess, 8 diagnose, treat, and prevent emotional and mental disorders 9 and dysfunctions (whether cognitive, affective, or 10 behavioral), sexual dysfunction, behavioral disorders, 11 alcoholism, or substance abuse. The practice of clinical 12 social work may also include clinical research into more 13 effective psychotherapeutic modalities for the treatment and 14 prevention of such conditions. 15 (a) Clinical social work treatment includes, but is 16 not limited to: 17 1. Counseling. 18 2. Psychotherapy. 19 3. Behavior modification. 20 4. Hypnotherapy. 21 5. Sex therapy. 22 6. Consultation. 23 7. Client-centered advocacy. 24 8. Crisis intervention. 25 9. Providing needed information and education to 26 clients. 27 (a)(b) Clinical social work may be rendered to 28 individuals, including individuals affected by the termination 29 of marriage, and to marriages, couples, families, groups, 30 organizations, and communities. 31 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (b)(c) The use of specific methods, techniques, or 2 modalities within the practice of clinical social work is 3 restricted to clinical social workers appropriately trained in 4 the use of such methods, techniques, or modalities. 5 (c)(d) The terms "diagnose" and "treat," as used in 6 this chapter, when considered in isolation or in conjunction 7 with any provision of the rules of the board, shall not be 8 construed to permit the performance of any act which clinical 9 social workers are not educated and trained to perform, 10 including, but not limited to, admitting persons to hospitals 11 for treatment of the foregoing conditions, treating persons in 12 hospitals without medical supervision, prescribing medicinal 13 drugs as defined in chapter 465, authorizing clinical 14 laboratory procedures pursuant to chapter 483, or radiological 15 procedures, or use of electroconvulsive therapy. In addition, 16 this definition shall not be construed to permit any person 17 licensed, provisionally licensed, registered, or certified 18 pursuant to this chapter to describe or label any test, 19 report, or procedure as "psychological," except to relate 20 specifically to the definition of practice authorized in this 21 subsection. 22 (d)(e) The definition of "clinical social work" 23 contained in this subsection includes all services offered 24 directly to the general public or through organizations, 25 whether public or private, and applies whether payment is 26 requested or received for services rendered. 27 (8) The "practice of marriage and family therapy" is 28 defined as the use of scientific and applied marriage and 29 family theories, methods, and procedures for the purpose of 30 describing, evaluating, and modifying marital, family, and 31 individual behavior, within the context of marital and family 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 systems, including the context of marital formation and 2 dissolution, and is based on marriage and family systems 3 theory, marriage and family development, human development, 4 normal and abnormal behavior, psychopathology, human 5 sexuality, psychotherapeutic and marriage and family therapy 6 theories and techniques. The Such practice of marriage and 7 family therapy includes the use of methods of a psychological 8 nature used to evaluate, assess, diagnose, treat, and prevent 9 emotional and mental disorders or dysfunctions, (whether 10 cognitive, affective, or behavioral),; sexual dysfunction,; 11 behavioral disorders,; alcoholism,; and substance abuse. The 12 practice of marriage and family therapy includes, but is not 13 limited to, marriage and family therapy, psychotherapy, 14 including behavioral family therapy, hypnotherapy, and sex 15 therapy. The practice of marriage and family therapy also 16 includes counseling, behavior modification, consultation, 17 client-centered advocacy, crisis intervention, and the 18 provision of needed information and education to clients, when 19 using methods of a psychological nature to evaluate, assess, 20 diagnose, treat, and prevent emotional and mental disorders 21 and dysfunctions (whether cognitive, affective, or 22 behavioral), sexual dysfunction, behavioral disorders, 23 alcoholism, or substance abuse. The practice of marriage and 24 family therapy may also include clinical research into more 25 effective psychotherapeutic modalities for the treatment and 26 prevention of such conditions. 27 (a) Marriage and family therapy treatment includes, 28 but is not limited to: 29 1. Marriage and family therapy. 30 2. Counseling. 31 3. Psychotherapy, including behavioral family therapy. 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 4. Behavior modification. 2 5. Hypnotherapy. 3 6. Sex therapy. 4 7. Consultation. 5 8. Client advocacy. 6 9. Crisis intervention. 7 10. Providing needed information and education to 8 clients. 9 (a)(b) Marriage and family therapy may be rendered to 10 individuals, including individuals affected by termination of 11 marriage, to couples, whether married or unmarried, to 12 families, or to groups. 13 (b)(c) The use of specific methods, techniques, or 14 modalities within the practice of marriage and family therapy 15 is restricted to marriage and family therapists appropriately 16 trained in the use of such methods, techniques, or modalities. 17 (c)(d) The terms "diagnose" and "treat," as used in 18 this chapter, when considered in isolation or in conjunction 19 with any provision of the rules of the board, shall not be 20 construed to permit the performance of any act which marriage 21 and family therapists are not educated and trained to perform, 22 including, but not limited to, admitting persons to hospitals 23 for treatment of the foregoing conditions, treating persons in 24 hospitals without medical supervision, prescribing medicinal 25 drugs as defined in chapter 465, authorizing clinical 26 laboratory procedures pursuant to chapter 483, or radiological 27 procedures, or use of electroconvulsive therapy. In addition, 28 this definition shall not be construed to permit any person 29 licensed, provisionally licensed, registered, or certified 30 pursuant to this chapter to describe or label any test, 31 report, or procedure as "psychological," except to relate 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 specifically to the definition of practice authorized in this 2 subsection. 3 (d)(e) The definition of "marriage and family therapy" 4 contained in this subsection paragraphs (a)-(d) includes all 5 services offered directly to the general public or through 6 organizations, whether public or private, and applies whether 7 payment is requested or received for services rendered. 8 (9) The "practice of mental health counseling" is 9 defined as the use of scientific and applied behavioral 10 science theories, methods, and techniques for the purpose of 11 describing, preventing, and treating undesired behavior and 12 enhancing mental health and human development and is based on 13 the person-in-situation perspectives derived from research and 14 theory in personality, family, group, and organizational 15 dynamics and development, career planning, cultural diversity, 16 human growth and development, human sexuality, normal and 17 abnormal behavior, psychopathology, psychotherapy, and 18 rehabilitation. The Such practice of mental health counseling 19 includes the use of methods of a psychological nature used to 20 evaluate, assess, diagnose, and treat emotional and mental 21 dysfunctions or disorders, (whether cognitive, affective, or 22 behavioral),; behavioral disorders,; interpersonal 23 relationships,; sexual dysfunction,; alcoholism,; and 24 substance abuse. The practice of mental health counseling 25 includes, but is not limited to, psychotherapy, hypnotherapy, 26 and sex therapy. The practice of mental health counseling 27 also includes counseling, behavior modification, consultation, 28 client-centered advocacy, crisis intervention, and the 29 provision of needed information and education to clients, when 30 using methods of a psychological nature to evaluate, assess, 31 diagnose, treat, and prevent emotional and mental disorders 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 and dysfunctions (whether cognitive, affective, or 2 behavioral), behavioral disorders, sexual dysfunction, 3 alcoholism, or substance abuse. The practice of mental health 4 counseling may also include clinical research into more 5 effective psychotherapeutic modalities for the treatment and 6 prevention of such conditions. 7 (a) Mental health counseling treatment includes, but 8 is not limited to: 9 1. Counseling. 10 2. Psychotherapy. 11 3. Behavior modification. 12 4. Hypnotherapy. 13 5. Sex therapy. 14 6. Consultation. 15 7. Client advocacy. 16 8. Crisis intervention. 17 9. Providing needed information and education to 18 clients. 19 (a)(b) Mental health counseling may be rendered to 20 individuals, including individuals affected by the termination 21 of marriage, and to couples, families, groups, organizations, 22 and communities. 23 (b)(c) The use of specific methods, techniques, or 24 modalities within the practice of mental health counseling is 25 restricted to mental health counselors appropriately trained 26 in the use of such methods, techniques, or modalities. 27 (c)(d) The terms "diagnose" and "treat," as used in 28 this chapter, when considered in isolation or in conjunction 29 with any provision of the rules of the board, shall not be 30 construed to permit the performance of any act which mental 31 health counselors are not educated and trained to perform, 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 including, but not limited to, admitting persons to hospitals 2 for treatment of the foregoing conditions, treating persons in 3 hospitals without medical supervision, prescribing medicinal 4 drugs as defined in chapter 465, authorizing clinical 5 laboratory procedures pursuant to chapter 483, or radiological 6 procedures, or use of electroconvulsive therapy. In addition, 7 this definition shall not be construed to permit any person 8 licensed, provisionally licensed, registered, or certified 9 pursuant to this chapter to describe or label any test, 10 report, or procedure as "psychological," except to relate 11 specifically to the definition of practice authorized in this 12 subsection. 13 (d) The definition of "mental health counseling" 14 contained in this subsection includes all services offered 15 directly to the general public or through organizations, 16 whether public or private, and applies whether payment is 17 requested or received for services rendered. 18 (10) "Provisional clinical social worker licensee" 19 means a person provisionally licensed under this chapter to 20 provide clinical social work services under supervision. 21 (11) "Provisional marriage and family therapist 22 licensee" means a person provisionally licensed under this 23 chapter to provide marriage and family therapy services under 24 supervision. 25 (12) "Provisional mental health counselor licensee" 26 means a person provisionally licensed under this chapter to 27 provide mental health counseling services under supervision. 28 (13)(10) "Psychotherapist" means a clinical social 29 worker, marriage and family therapist, or mental health 30 counselor licensed pursuant to this chapter. 31 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (14) "Registered clinical social worker intern" means 2 a person registered under this chapter who is completing the 3 postgraduate clinical social work experience requirement 4 specified in s. 491.005(1)(c). 5 (15) "Registered marriage and family therapist intern" 6 means a person registered under this chapter who is completing 7 the post-master's clinical experience requirement specified in 8 s. 491.005(3)(c). 9 (16) "Registered mental health counselor intern" means 10 a person registered under this chapter who is completing the 11 post-master's clinical experience requirement specified in s. 12 491.005(4)(c). 13 Section 10. Section 491.0045, Florida Statutes, is 14 created to read: 15 491.0045 Intern registration; requirements.-- 16 (1) Effective January 1, 1998, an individual who 17 intends to practice in Florida to satisfy the postgraduate or 18 post-master's level experience requirements, as specified in 19 s. 491.005(1)(c), (3)(c), or (4)(c), must register as an 20 intern in the profession for which he or she is seeking 21 licensure prior to commencing the experience requirement. 22 (2) The department shall register as a clinical social 23 worker intern, marriage and family therapist intern, or mental 24 health counselor intern each applicant who the board certifies 25 has: 26 (a) Completed the application form and remitted a 27 nonrefundable application fee not to exceed $200, as set by 28 board rule; 29 (b) Completed the education requirements as specified 30 in s. 491.005 for the profession for which he or she is 31 applying for licensure; and 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (c) Identified a qualified supervisor. 2 (3) An individual registered under this section must 3 remain under supervision until he or she is in receipt of a 4 license or a letter from the department stating that he or she 5 is licensed to practice the profession for which he or she 6 applied. 7 Section 11. Section 491.0046, Florida Statutes, is 8 created to read: 9 491.0046 Provisional license; requirements.-- 10 (1) An individual who has satisfied the clinical 11 experience requirements of s. 491.005 intending to provide 12 clinical social work, marriage and family therapy, or mental 13 health counseling services in Florida while satisfying 14 coursework or examination requirements for licensure must be 15 provisionally licensed in the profession for which he or she 16 is seeking licensure prior to beginning practice. 17 (2) The department shall issue a provisional clinical 18 social worker license, provisional marriage and family 19 therapist license, or provisional mental health counselor 20 license to each applicant who the board certifies has: 21 (a) Completed the application form and remitted a 22 nonrefundable application fee not to exceed $100, as set by 23 board rule; and 24 (b)1. Earned a graduate degree in social work, a 25 graduate degree with a major emphasis in marriage and family 26 therapy or a closely related field, or a graduate degree in a 27 major related to the practice of mental health counseling, and 28 satisfied the clinical experience requirements for licensure 29 pursuant to s. 491.005; or 30 2. Been approved for examination under the provisions 31 for licensure by endorsement pursuant to s. 491.006. 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (3) A provisional licensee must work under the 2 supervision of a licensed mental health professional, as 3 defined by the board, until the provisional licensee is in 4 receipt of a license or a letter from the department stating 5 that he or she is licensed as a clinical social worker, 6 marriage and family therapist, or mental health counselor. 7 (4) A provisional license expires 24 months after the 8 date it is issued and may not be renewed or reissued. 9 Section 12. Section 491.005, Florida Statutes, is 10 amended to read: 11 491.005 Licensure by examination.-- 12 (1) Upon verification of documentation and payment of 13 a fee not to exceed $200, as set by board rule, plus the 14 actual per applicant cost to the department for purchase of 15 the examination from the American Association of State Social 16 Worker's Boards or a similar national organization, the 17 department shall issue a license as a clinical social worker 18 to an applicant who the board certifies: 19 (a) Has made application therefor and paid the 20 appropriate fee. 21 (b)1. Has received a doctoral degree in social work 22 from a graduate school of social work which at the time the 23 applicant graduated was accredited by an accrediting agency 24 recognized by the United States Department of Education or has 25 received a master's degree in social work from a graduate 26 school of social work which at the time the applicant 27 graduated: 28 a.1. Was accredited by the Council on Social Work 29 Education; 30 b.2. Was accredited by the Canadian Association of 31 Schools of Social Work; or 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 c.3. Has been determined to have been a program 2 equivalent to programs approved by the Council on Social Work 3 Education by the Foreign Equivalency Determination Service of 4 the Council on Social Work Education. An applicant who 5 graduated from a program at a university or college outside of 6 the United States or Canada must present documentation of the 7 equivalency determination from the council in order to 8 qualify. 9 2. The applicant's graduate program must have 10 emphasized direct clinical patient or client health care 11 services, as provided in subsection (2), including, but not 12 limited to, coursework in clinical social work, psychiatric 13 social work, medical social work, social casework, 14 psychotherapy, or group therapy. The applicant's graduate 15 program must have included all of the following coursework: 16 a. A supervised field placement which was part of the 17 applicant's advanced concentration in direct practice, during 18 which the applicant provided clinical services directly to 19 clients. 20 b. Completion of 24 semester hours or 37 quarter hours 21 in theory of human behavior and practice methods as courses in 22 clinically oriented services, including a minimum of one 23 course in psychopathology taken in a school of social work 24 accredited or approved pursuant to subparagraph (b)1. 25 3. If the course title which appears on the 26 applicant's transcript does not clearly identify the content 27 of the coursework, the applicant shall be required to provide 28 additional documentation, including, but not limited to, a 29 syllabus or catalog description published for the course. 30 (c) Has had not less than 2 at least 3 years of 31 clinical social work experience, 2 years of which must be 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 experience which took place subsequent to completion of a 2 graduate degree in social work at an institution meeting the 3 accreditation requirements of this section, under the 4 supervision of a licensed clinical social worker or the 5 equivalent who is a qualified supervisor as determined by the 6 board. An individual who intends to practice in Florida to 7 satisfy clinical experience requirements must register 8 pursuant to s. 491.0045 prior to commencing practice. If the 9 applicant's graduate program was not a program which 10 emphasized direct clinical patient or client health care 11 services as described in s. 491.003, the supervised experience 12 requirement must take place after the applicant has completed 13 a minimum of 15 semester hours or 22 quarter hours of the 14 coursework required. A doctoral internship may be applied 15 toward the clinical social work experience supervision 16 requirement. The experience requirement may be met by work 17 performed on or off the premises of the supervising clinical 18 social worker or the equivalent, provided the off-premises 19 work is not the independent private practice rendering of 20 clinical social work that does not have a licensed mental 21 health professional clinical social worker or the equivalent, 22 as determined by the board, as a member of the group actually 23 rendering services on the premises at the same time the intern 24 is providing services. 25 (d) Has passed a theory and practice an examination 26 provided by the department for this purpose. 27 (e) Has demonstrated, in a manner designated by rule 28 of the board, knowledge of the laws and rules governing the 29 practice of clinical social work, marriage and family therapy, 30 and mental health counseling. 31 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (2)(a) The applicant's program shall be considered to 2 be a program which emphasized direct clinical patient or 3 client health care services if it included all of the 4 following coursework: 5 (a) A supervised field placement which was part of the 6 applicant's advanced concentration in direct practice, during 7 which the applicant provided clinical services directly to 8 clients. 9 (b)1. Completion of 24 semester hours or 37 quarter 10 hours in theory of human behavior and practice methods as 11 courses in clinically oriented services, including a minimum 12 of one course in psychopathology taken in a school of social 13 work accredited by the Council on Social Work Education. 14 However, applicants who had completed the required 15 graduate-level degree in social work prior to October 1, 1990, 16 and who submit a completed application for licensure prior to 17 January 1, 1993, shall be required to complete only 21 of the 18 24 required semester hours or 31 of the 37 required quarter 19 hours in clinically oriented services. If the course title 20 which appears on the applicant's transcript does not clearly 21 identify the content of the coursework, the applicant shall be 22 required to provide additional documentation, including, but 23 not limited to, a syllabus or catalog description published 24 for the course. 25 2. Notwithstanding the provisions of paragraph (1)(b) 26 subparagraph 1., coursework which was taken at a baccalaureate 27 level shall not be considered toward completion of education 28 requirements for licensure unless an official of the graduate 29 program certifies in writing on the graduate school's 30 stationery that a specific course, which students enrolled in 31 the same graduate program were ordinarily required to complete 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 at the graduate level, was waived or exempted based on 2 completion of a similar course at the baccalaureate level. If 3 this condition is met, the board shall apply the baccalaureate 4 course named toward the education requirements. 5 (b) An applicant from a master's or doctoral program 6 in social work which did not emphasize direct patient or 7 client services may complete the clinical curriculum content 8 requirement by returning to a graduate program accredited by 9 the Council on Social Work Education or the Canadian 10 Association of Schools of Social Work, or to a clinical social 11 work graduate program with comparable standards, in order to 12 complete the education requirements for examination. However, 13 a maximum of 6 semester or 9 quarter hours of the clinical 14 curriculum content requirement may be completed by credit 15 awarded for independent study coursework as defined by board 16 rule. 17 (3) Upon verification of documentation and payment of 18 a fee not to exceed $200, as set by board rule, plus the 19 actual cost to the department for the purchase of the 20 examination from the Association of Marital and Family Therapy 21 Regulatory Board, or similar national organization, the 22 department shall issue a license as a marriage and family 23 therapist to an applicant who the board certifies: 24 (a) Has made application therefor and paid the 25 appropriate fee. 26 (b)1. Has a minimum of a master's degree with major 27 emphasis in marriage and family therapy, or a closely related 28 field, and has completed all of the following requirements: 29 a.1. Twenty-seven semester hours or 41 quarter hours 30 of graduate coursework, which must include a minimum of 2 31 semester hours or 3 quarter hours of graduate-level course 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 credits in each of the following nine areas: dynamics of 2 marriage and family systems; marriage therapy and counseling 3 theory and techniques; family therapy and counseling theory 4 and techniques; individual human development theories 5 throughout the life cycle; personality theory; 6 psychopathology; human sexuality theory and counseling 7 techniques; general counseling theory and techniques; and 8 psychosocial theory. Content may be combined, provided no 9 more than two of the nine content areas are included in any 10 one graduate-level course and the applicant can document that 11 the equivalent of 2 semester hours of coursework was devoted 12 to each content area. Courses in research, evaluation, 13 appraisal, assessment, or testing theories and procedures; 14 thesis or dissertation work; or practicums, internships, or 15 fieldwork may not be applied toward this requirement. 16 b.2. A minimum of one graduate-level course of 2 17 semester hours or 3 quarter hours in legal, ethical, and 18 professional standards issues in the practice of marriage and 19 family therapy or a course determined by the board to be 20 equivalent. 21 c.3. A minimum of one graduate-level course of 2 22 semester hours or 3 quarter hours in diagnosis, appraisal, 23 assessment, and testing for individual or interpersonal 24 disorder or dysfunction; and a minimum of one 2-semester-hour 25 or 3-quarter-hour graduate-level course in behavioral research 26 which focuses on the interpretation and application of 27 research data as it applies to clinical practice. Credit for 28 thesis or dissertation work, practicums, internships, or 29 fieldwork may not be applied toward this requirement. 30 d.4. A minimum of one supervised clinical practicum, 31 internship, or field experience in a marriage and family 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 may 16 require documentation, such as, but not limited to, an 17 evaluation by a foreign equivalency determination service, as 18 evidence that the applicant's graduate degree program and 19 education were equivalent to an accredited program in this 20 country. An applicant with a master's degree from a program 21 which did not emphasize marriage and family therapy may 22 complete the coursework requirement in a training institution 23 fully accredited by the Commission on Accreditation for 24 Marriage and Family Therapy Education recognized by the United 25 States Department of Education. 26 (c) Has had not less than 2 3 years of clinical 27 experience during which 50 percent of the applicant's clients 28 were receiving marriage and family therapy services, 2 years 29 of which must be at the post-master's level under the 30 supervision of a licensed marriage and family therapist with 31 at least 5 years of experience, or the equivalent, who is a 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 qualified supervisor as determined by the board. An 2 individual who intends to practice in Florida to satisfy the 3 clinical experience requirements must register pursuant to s. 4 491.0045 prior to commencing practice. If a graduate has a 5 master's degree with a major emphasis in marriage and family 6 therapy or a closely related field that did not include all 7 the coursework required under sub-subparagraphs (b)1.a.-c., 8 credit for the post-master's level clinical experience shall 9 not commence until the applicant has completed a minimum of 10 10 of the courses required under sub-subparagraphs (b)1.a.-c., as 11 determined by the board, and at least 6 semester hours or 9 12 quarter hours of the course credits must have been completed 13 in the area of marriage and family systems, theories, or 14 techniques. Within the 3 years of required experience for 15 licensure as a marriage and family therapist, the applicant 16 shall provide direct individual, group, or family therapy and 17 counseling, to include the following categories of cases: 18 unmarried dyads, married couples, separating and divorcing 19 couples, and family groups including children. A doctoral 20 internship may be applied toward the clinical experience 21 supervision requirement. The clinical experience requirement 22 may be met by work performed on or off the premises of the 23 supervising marriage and family therapist or the equivalent, 24 provided the off-premises work is not the independent private 25 practice rendering of marriage and family therapy services 26 that does not have a licensed mental health professional 27 marriage and family therapist or the equivalent, as determined 28 by the board, as a member of the group actually rendering 29 services on the premises at the same time the intern is 30 providing services. 31 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 (4) Upon verification of documentation and payment of 8 a fee not to exceed $200, as set by board rule, plus the 9 actual per applicant cost to the department for purchase of 10 the examination from the Professional Examination Service for 11 the National Academy of Certified Clinical Mental Health 12 Counselors or a similar national organization, the department 13 shall issue a license as a mental health counselor to an 14 applicant who the board certifies: 15 (a) Has made application therefor and paid the 16 appropriate fee. 17 (b)1. Has received a minimum of an earned master's 18 degree with a major related to the practice of mental health 19 counseling, and has completed all of the following 20 requirements: 21 a.1. Twenty-one semester hours or 32 quarter hours of 22 graduate coursework, which must include a minimum of 2 23 semester hours or 3 quarter hours of graduate-level coursework 24 in each of the following seven content areas: counseling 25 theories and practice; human development theories; personality 26 theory; psychopathology or abnormal psychology; human 27 sexuality theories; group theories and practice; and 28 individual evaluation and assessment. Content may be 29 combined, provided no more than two of the seven content areas 30 are included in any one graduate-level course and the 31 applicant can document that the equivalent of 2 semester hours 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 of content was devoted to each content area. Courses in 2 research, thesis or dissertation work, practicums, 3 internships, or fieldwork may not be applied toward this 4 requirement. 5 b.2. A minimum of one 2-semester-hour or 6 3-quarter-hour graduate-level course in research or in career 7 or vocational counseling. Credit for thesis or dissertation 8 work, practicums, internships, or fieldwork may not be applied 9 toward this requirement. 10 c.3. A minimum of 2 semester hours or 3 quarter hours 11 of graduate-level coursework in legal, ethical, and 12 professional standards issues in the practice of mental health 13 counseling, which includes goals and objectives of 14 professional counseling organizations, codes of ethics, legal 15 considerations, standards of preparation, certifications and 16 licensing, and the role identity of counselors. Courses in 17 research, thesis or dissertation work, practicums, 18 internships, or fieldwork may not be applied toward this 19 requirement. 20 d.4. A minimum of one supervised practicum, 21 internship, or field experience in a counseling setting. This 22 requirement may be met by a supervised practice experience 23 which takes place outside the academic arena, but which is 24 certified as equivalent to a graduate-level practicum in a 25 clinical mental health counseling setting currently offered 26 within an academic program of a college or university 27 accredited by an accrediting agency approved by the United 28 States Department of Education. Such certification shall be 29 required from an official of such college or university. 30 2. If the course title which appears on the 31 applicant's transcript does not clearly identify the content 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 of the coursework, the applicant shall be required to provide 2 additional documentation, including, but not limited to, a 3 syllabus or catalog description published for the course. 4 5 Except as provided in sub-subparagraph 1.d. subparagraph 4., 6 education and training in mental health counseling must have 7 been received in an institution of higher education which at 8 the time the applicant graduated was: fully accredited by a 9 regional accrediting body recognized by the Commission on 10 Recognition of Postsecondary Accreditation; publicly 11 recognized as a member in good standing with the Association 12 of Universities and Colleges of Canada; or an institution of 13 higher education located outside the United States and Canada, 14 which at the time the applicant was enrolled and at the time 15 the applicant graduated maintained a standard of training 16 substantially equivalent to the standards of training of those 17 institutions in the United States which are accredited by a 18 regional accrediting body recognized by the Commission on 19 Recognition of Postsecondary Accreditation. Such foreign 20 education and training must have been received in an 21 institution or program of higher education officially 22 recognized by the government of the country in which it is 23 located as an institution or program to train students to 24 practice as mental health counselors. The burden of 25 establishing that the requirements of this provision have been 26 met shall be upon the applicant, and the board shall may 27 require documentation, such as, but not limited to, an 28 evaluation by a foreign equivalency determination service, as 29 evidence that the applicant's graduate degree program and 30 education were equivalent to an accredited program in this 31 country. 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (c) Has had not less than 2 years of a minimum of 3 2 years' clinical experience in mental health counseling, 2 3 years of which must be at the post-master's level under the 4 supervision of a licensed mental health counselor or the 5 equivalent who is a qualified supervisor as determined by the 6 board. An individual who intends to practice in Florida to 7 satisfy the clinical experience requirements must register 8 pursuant to s. 491.0045 prior to commencing practice. If a 9 graduate has a master's degree with a major related to the 10 practice of mental health counseling which did not include all 11 the coursework required under sub-subparagraphs (b)1.a.-c., 12 credit for the post-master's level clinical experience shall 13 not commence until the applicant has completed a minimum of 14 seven of the courses required under sub-subparagraphs 15 (b)1.a.-c., as determined by the board, one of which must be a 16 course in psychopathology or abnormal psychology. A doctoral 17 internship may be applied toward the clinical experience 18 supervision requirement. The clinical experience requirement 19 may be met by work performed on or off the premises of the 20 supervising mental health counselor or the equivalent, 21 provided the off-premises work is not the independent private 22 practice rendering of services that does not have a licensed 23 mental health professional counselor or the equivalent, as 24 determined by the board, as a member of the group actually 25 rendering services on the premises at the same time the intern 26 is providing services. 27 (d) Has passed a theory and practice an examination 28 provided by the department for this purpose. 29 (e) Has demonstrated, in a manner designated by rule 30 of the board, knowledge of the laws and rules governing the 31 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 practice of clinical social work, marriage and family therapy, 2 and mental health counseling. 3 Section 13. Effective January 1, 2001, paragraph (b) 4 of subsection (3) and paragraphs (b) and (c) of subsection (4) 5 of section 491.005, Florida Statutes, as amended by this act, 6 are amended to read: 7 491.005 Licensure by examination.-- 8 (3) Upon verification of documentation and payment of 9 a fee not to exceed $200, as set by board rule, plus the 10 actual cost to the department for the purchase of the 11 examination from the Association of Marital and Family Therapy 12 Regulatory Board, or similar national organization, the 13 department shall issue a license as a marriage and family 14 therapist to an applicant who the board certifies: 15 (b)1. Has a minimum of a master's degree with major 16 emphasis in marriage and family therapy, or a closely related 17 field, and has completed all of the following requirements: 18 a. Thirty-six Twenty-seven semester hours or 48 41 19 quarter hours of graduate coursework, which must include a 20 minimum of 3 2 semester hours or 4 3 quarter hours of 21 graduate-level course credits in each of the following nine 22 areas: dynamics of marriage and family systems; marriage 23 therapy and counseling theory and techniques; family therapy 24 and counseling theory and techniques; individual human 25 development theories throughout the life cycle; personality 26 theory or general counseling theory and techniques; 27 psychopathology; human sexuality theory and counseling 28 techniques; general counseling theory and techniques; and 29 psychosocial theory; and substance abuse theory and counseling 30 techniques. Content may be combined, provided no more than 31 two of the nine content areas are included in any one 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 graduate-level course and the applicant can document that the 2 equivalent of 2 semester hours of coursework was devoted to 3 each content area. Courses in research, evaluation, 4 appraisal, assessment, or testing theories and procedures; 5 thesis or dissertation work; or practicums, internships, or 6 fieldwork may not be applied toward this requirement. 7 b. A minimum of one graduate-level course of 3 2 8 semester hours or 4 3 quarter hours in legal, ethical, and 9 professional standards issues in the practice of marriage and 10 family therapy or a course determined by the board to be 11 equivalent. 12 c. A minimum of one graduate-level course of 3 2 13 semester hours or 4 3 quarter hours in diagnosis, appraisal, 14 assessment, and testing for individual or interpersonal 15 disorder or dysfunction; and a minimum of one 3-semester-hour 16 2-semester-hour or 4-quarter-hour 3-quarter-hour 17 graduate-level course in behavioral research which focuses on 18 the interpretation and application of research data as it 19 applies to clinical practice. Credit for thesis or 20 dissertation work, practicums, internships, or fieldwork may 21 not be applied toward this requirement. 22 d. A minimum of one supervised clinical practicum, 23 internship, or field experience in a marriage and family 24 counseling setting, during which the student provided 180 25 direct client contact hours of marriage and family therapy 26 services under the supervision of an individual who met the 27 requirements for supervision under paragraph (c). This 28 requirement may be met by a supervised practice experience 29 which took place outside the academic arena, but which is 30 certified as equivalent to a graduate-level practicum or 31 internship program which required a minimum of 180 direct 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 client contact hours of marriage and family therapy services 2 currently offered within an academic program of a college or 3 university accredited by an accrediting agency approved by the 4 United States Department of Education, or an institution which 5 is publicly recognized as a member in good standing with the 6 Association of Universities and Colleges of Canada or a 7 training institution accredited by the Commission on 8 Accreditation for Marriage and Family Therapy Education 9 recognized by the United States Department of Education. 10 Certification shall be required from an official of such 11 college, university, or training institution. 12 2. If the course title which appears on the 13 applicant's transcript does not clearly identify the content 14 of the coursework, the applicant shall be required to provide 15 additional documentation, including, but not limited to, a 16 syllabus or catalog description published for the course. 17 18 The required master's degree must have been received in an 19 institution of higher education which at the time the 20 applicant graduated was: fully accredited by a regional 21 accrediting body recognized by the Commission on Recognition 22 of Postsecondary Accreditation; publicly recognized as a 23 member in good standing with the Association of Universities 24 and Colleges of Canada; or an institution of higher education 25 located outside the United States and Canada, which at the 26 time the applicant was enrolled and at the time the applicant 27 graduated maintained a standard of training substantially 28 equivalent to the standards of training of those institutions 29 in the United States which are accredited by a regional 30 accrediting body recognized by the Commission on Recognition 31 of Postsecondary Accreditation. Such foreign education and 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 training must have been received in an institution or program 2 of higher education officially recognized by the government of 3 the country in which it is located as an institution or 4 program to train students to practice as professional marriage 5 and family therapists or psychotherapists. The burden of 6 establishing that the requirements of this provision have been 7 met shall be upon the applicant, and the board shall require 8 documentation, such as, but not limited to, an evaluation by a 9 foreign equivalency determination service, as evidence that 10 the applicant's graduate degree program and education were 11 equivalent to an accredited program in this country. An 12 applicant with a master's degree from a program which did not 13 emphasize marriage and family therapy may complete the 14 coursework requirement in a training institution fully 15 accredited by the Commission on Accreditation for Marriage and 16 Family Therapy Education recognized by the United States 17 Department of Education. 18 (4) 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 Professional Examination Service for 22 the National Academy of Certified Clinical Mental Health 23 Counselors or a similar national organization, the department 24 shall issue a license as a mental health counselor to an 25 applicant who the board certifies: 26 (b)1. Has received a minimum of an earned master's 27 degree from a with a major related to the practice of mental 28 health counseling program accredited by the Council for the 29 Accreditation of Counseling and Related Educational Programs 30 that consists of at least 60 semester hours or 80 quarter 31 hours of clinical and didactic instruction, including a course 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 in human sexuality and substance abuse. If the master's 2 degree is earned from a program related to the practice of 3 mental health counseling that is not accredited by the Council 4 for the Accreditation of Counseling and Related Educational 5 Programs, then the coursework and practicum, internship, or 6 fieldwork must meet, and has completed all of the following 7 requirements: 8 a. Thirty-six Twenty-one semester hours or 48 32 9 quarter hours of graduate coursework, which must include a 10 minimum of 3 2 semester hours or 4 3 quarter hours of 11 graduate-level coursework in each of the following 12 seven 12 content areas: counseling theories and practice; human growth 13 and development theories; personality theory; diagnosis and 14 treatment of psychopathology or abnormal psychology; human 15 sexuality theories; group theories and practice; and 16 individual evaluation and assessment; career and lifestyle 17 assessment; research and program evaluation; social and 18 cultural foundations; foundations of mental health counseling; 19 counseling in community settings; and substance abuse. 20 Content may be combined, provided no more than two of the 21 seven content areas are included in any one graduate-level 22 course and the applicant can document that the equivalent of 2 23 semester hours of content was devoted to each content area. 24 Courses in research, thesis or dissertation work, practicums, 25 internships, or fieldwork may not be applied toward this 26 requirement. 27 b. A minimum of one 2-semester-hour or 3-quarter-hour 28 graduate-level course in research or in career or vocational 29 counseling. Credit for thesis or dissertation work, 30 practicums, internships, or fieldwork may not be applied 31 toward this requirement. 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 b.c. A minimum of 3 2 semester hours or 4 3 quarter 2 hours of graduate-level coursework in legal, ethical, and 3 professional standards issues in the practice of mental health 4 counseling, which includes goals, and objectives, and 5 practices of professional counseling organizations, codes of 6 ethics, legal considerations, standards of preparation, 7 certifications and licensing, and the role identity and 8 professional obligations of mental health counselors. Courses 9 in research, thesis or dissertation work, practicums, 10 internships, or fieldwork may not be applied toward this 11 requirement. 12 c.d. The equivalent of at least 1,000 hours of 13 university-sponsored A minimum of one supervised clinical 14 practicum, internship, or field experience as required in the 15 accrediting standards of the Council for Accreditation of 16 Counseling and Related Educational Programs for mental health 17 counseling programs. If the academic practicum, internship, 18 or field experience was less than 1,000 hours, experience 19 gained outside the academic arena in clinical mental health 20 settings under the supervision of a qualified supervisor as 21 determined by the board may be applied. This experience may 22 not be used to satisfy the post-master's clinical experience 23 requirement in a counseling setting. This requirement may be 24 met by a supervised practice experience which takes place 25 outside the academic arena, but which is certified as 26 equivalent to a graduate-level practicum in a clinical mental 27 health counseling setting currently offered within an academic 28 program of a college or university accredited by an 29 accrediting agency approved by the United States Department of 30 Education. Such certification shall be required from an 31 official of such college or university. 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 2. 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 7 Except as provided in subparagraph 4., Education and training 8 in mental health counseling must have been received in an 9 institution of higher education which at the time the 10 applicant graduated was: fully accredited by a regional 11 accrediting body recognized by the Commission on Recognition 12 of Postsecondary Accreditation; publicly recognized as a 13 member in good standing with the Association of Universities 14 and Colleges of Canada; or an institution of higher education 15 located outside the United States and Canada, which at the 16 time the applicant was enrolled and at the time the applicant 17 graduated maintained a standard of training substantially 18 equivalent to the standards of training of those institutions 19 in the United States which are accredited by a regional 20 accrediting body recognized by the Commission on Recognition 21 of Postsecondary Accreditation. Such foreign education and 22 training must have been received in an institution or program 23 of higher education officially recognized by the government of 24 the country in which it is located as an institution or 25 program to train students to practice as mental health 26 counselors. The burden of establishing that the requirements 27 of this provision have been met shall be upon the applicant, 28 and the board shall require documentation, such as, but not 29 limited to, an evaluation by a foreign equivalency 30 determination service, as evidence that the applicant's 31 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 graduate degree program and education were equivalent to an 2 accredited program in this country. 3 (c) Has had not less than 2 years of clinical 4 experience in mental health counseling, which must be at the 5 post-master's level under the supervision of a licensed mental 6 health counselor or the equivalent who is a qualified 7 supervisor as determined by the board. An individual who 8 intends to practice in Florida to satisfy the clinical 9 experience requirements must register pursuant to s. 491.0045 10 prior to commencing practice. If a graduate has a master's 11 degree with a major related to the practice of mental health 12 counseling that did not include all the coursework required 13 under sub-subparagraphs (b)1.a.-b. (b)1.a.-c., credit for the 14 post-master's level clinical experience shall not commence 15 until the applicant has completed a minimum of seven of the 16 courses required under sub-subparagraphs (b)1.a.-b. 17 (b)1.a.-c., as determined by the board, one of which must be a 18 course in psychopathology or abnormal psychology. A doctoral 19 internship may be applied toward the clinical experience 20 requirement. The clinical experience requirement may be met 21 by work performed on or off the premises of the supervising 22 mental health counselor or the equivalent, provided the 23 off-premises work is not the independent private practice 24 rendering of services that does not have a licensed mental 25 health professional, as determined by the board, on the 26 premises at the same time the intern is providing services. 27 Section 14. Section 491.0057, Florida Statutes, is 28 created to read: 29 491.0057 Dual licensure as a marriage and family 30 therapist.--The department shall license as a marriage and 31 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 family therapist any person who demonstrates to the board that 2 he or she: 3 (1) Holds a valid, active license as a psychologist 4 under chapter 490 or as a clinical social worker or mental 5 health counselor under this chapter, or is certified under s. 6 464.012 as an advanced registered nurse practitioner who has 7 been determined by the Board of Nursing as a specialist in 8 psychiatric mental health. 9 (2) Has held a valid, active license for at least 3 10 years. 11 (3) Has passed the examination provided by the 12 department for marriage and family therapy. 13 Section 15. Subsection (3) is added to section 14 491.007, Florida Statutes, to read: 15 491.007 Renewal of license, registration, or 16 certificate.-- 17 (3) The board or department shall prescribe by rule a 18 method for the biennial renewal of an intern registration at a 19 fee set by rule, not to exceed $100. 20 Section 16. Section 491.009, Florida Statutes, 1996 21 Supplement, is amended to read: 22 491.009 Discipline.-- 23 (1) When the department or the board finds that an 24 applicant, licensee, provisional licensee, registered intern, 25 or certificateholder whom it regulates under this chapter has 26 committed any of the acts set forth in subsection (2), it may 27 issue an order imposing one or more of the following 28 penalties: 29 (a) Denial of an application for licensure, 30 registration, or certification, either temporarily or 31 permanently. 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (b) Revocation of an application for licensure, 2 registration, or certification, either temporarily or 3 permanently. 4 (c) Suspension for a period of up to 5 years or 5 revocation of a license, registration, or certificate, after 6 hearing. 7 (d) Immediate suspension of a license, registration, 8 or certificate pursuant to s. 120.60(6). 9 (e) Imposition of an administrative fine not to exceed 10 $1,000 for each count or separate offense. 11 (f) Issuance of a public reprimand. 12 (g) Placement of an applicant, licensee, registered 13 intern, or certificateholder on probation for a period of time 14 and subject to such conditions as the board may specify, 15 including, but not limited to, requiring the applicant, 16 licensee, registered intern, or certificateholder to submit to 17 treatment, to attend continuing education courses, to submit 18 to reexamination, or to work under the supervision of a 19 designated licensee or certificateholder. 20 (h) Restriction of practice. 21 (2) The following acts of a licensee, provisional 22 licensee, registered intern, certificateholder, or applicant 23 are grounds for which the disciplinary actions listed in 24 subsection (1) may be taken: 25 (a) Attempting to obtain, obtaining, or renewing a 26 license, registration, or certificate under this chapter by 27 bribery or fraudulent misrepresentation or through an error of 28 the board or the department. 29 (b) Having a license, registration, or certificate to 30 practice a comparable profession revoked, suspended, or 31 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 otherwise acted against, including the denial of certification 2 or licensure by another state, territory, or country. 3 (c) Being convicted or found guilty of, regardless of 4 adjudication, or having entered a plea of nolo contendere to, 5 a crime in any jurisdiction which directly relates to the 6 practice of his profession or the ability to practice his 7 profession. However, in the case of a plea of nolo 8 contendere, the board shall allow the person who is the 9 subject of the disciplinary proceeding to present evidence in 10 mitigation relevant to the underlying charges and 11 circumstances surrounding the plea. 12 (d) False, deceptive, or misleading advertising or 13 obtaining a fee or other thing of value on the representation 14 that beneficial results from any treatment will be guaranteed. 15 (e) Advertising, practicing, or attempting to practice 16 under a name other than one's own. 17 (f) Maintaining a professional association with any 18 person who whom the applicant, licensee, registered intern, or 19 certificateholder knows, or has reason to believe, is in 20 violation of this chapter or of a rule of the department or 21 the board. 22 (g) Knowingly aiding, assisting, procuring, or 23 advising any nonlicensed, nonregistered, or noncertified 24 person to hold himself out as licensed, registered, or 25 certified under this chapter. 26 (h) Failing to perform any statutory or legal 27 obligation placed upon a person licensed, registered, or 28 certified under this chapter. 29 (i) Willfully making or filing a false report or 30 record; failing to file a report or record required by state 31 or federal law; willfully impeding or obstructing the filing 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 of a report or record; or inducing another person to make or 2 file a false report or record or to impede or obstruct the 3 filing of a report or record. Such report or record includes 4 only a report or record which requires the signature of a 5 person licensed, registered, or certified under this chapter. 6 (j) Paying a kickback, rebate, bonus, or other 7 remuneration for receiving a patient or client, or receiving a 8 kickback, rebate, bonus, or other remuneration for referring a 9 patient or client to another provider of mental health care 10 services or to a provider of health care services or goods; 11 referring a patient or client to oneself for services on a 12 fee-paid basis when those services are already being paid for 13 by some other public or private entity; or entering into a 14 reciprocal referral agreement. 15 (k) Committing any act upon a patient or client which 16 would constitute sexual battery or which would constitute 17 sexual misconduct as defined pursuant to s. 491.0111. 18 (l) Making misleading, deceptive, untrue, or 19 fraudulent representations in the practice of any profession 20 licensed, registered, or certified under this chapter. 21 (m) Soliciting patients or clients personally, or 22 through an agent, through the use of fraud, intimidation, 23 undue influence, or a form of overreaching or vexatious 24 conduct. 25 (n) Failing to make available to a patient or client, 26 upon written request, copies of tests, reports, or documents 27 in the possession or under the control of the licensee, 28 registered intern, or certificateholder which have been 29 prepared for and paid for by the patient or client. 30 (o) Failing to respond within 30 days to a written 31 communication from the department or the board concerning any 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 investigation by the department or the board, or failing to 2 make available any relevant records with respect to any 3 investigation about the licensee's, registered intern's, or 4 the certificateholder's conduct or background. 5 (p) Being unable to practice the profession for which 6 he is licensed, registered, or certified under this chapter 7 with reasonable skill or competence as a result of any mental 8 or physical condition or by reason of illness; drunkenness; or 9 excessive use of drugs, narcotics, chemicals, or any other 10 substance. In enforcing this paragraph, upon a finding by the 11 secretary, his designee, or the board that probable cause 12 exists to believe that the licensee, registered intern, or 13 certificateholder is unable to practice the profession because 14 of the reasons stated in this paragraph, the department shall 15 have the authority to compel a licensee, registered intern, or 16 certificateholder to submit to a mental or physical 17 examination by psychologists, physicians, or other licensees 18 under this chapter, designated by the department or board. If 19 the licensee, registered intern, or certificateholder refuses 20 to comply with such order, the department's order directing 21 the examination may be enforced by filing a petition for 22 enforcement in the circuit court in the circuit in which the 23 licensee, registered intern, or certificateholder resides or 24 does business. The licensee, registered intern, or 25 certificateholder against whom the petition is filed shall not 26 be named or identified by initials in any public court records 27 or documents, and the proceedings shall be closed to the 28 public. The department shall be entitled to the summary 29 procedure provided in s. 51.011. A licensee, registered 30 intern, or certificateholder affected under this paragraph 31 shall at reasonable intervals be afforded an opportunity to 54 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 demonstrate that he can resume the competent practice for 2 which he is licensed, registered, or certified with reasonable 3 skill and safety to patients. 4 (q) Violating provisions of this chapter, or of 5 chapter 455, or any rules adopted pursuant thereto. 6 (r) Performing any treatment or prescribing any 7 therapy which, by the prevailing standards of the mental 8 health professions in the community, would constitute 9 experimentation on human subjects, without first obtaining 10 full, informed, and written consent. 11 (s) Failing to meet the minimum standards of 12 performance in professional activities when measured against 13 generally prevailing peer performance, including the 14 undertaking of activities for which the licensee, registered 15 intern, or certificateholder is not qualified by training or 16 experience. 17 (t) Delegating professional responsibilities to a 18 person whom the licensee, registered intern, or 19 certificateholder knows or has reason to know is not qualified 20 by training or experience to perform such responsibilities. 21 (u) Violating a rule relating to the regulation of the 22 profession or a lawful order of the department or the board 23 previously entered in a disciplinary hearing. 24 (v) Failure of the licensee, registered intern, or 25 certificateholder to maintain in confidence a communication 26 made by a patient or client in the context of such services, 27 except as provided in s. 491.0147 by written permission or in 28 the face of a clear and immediate probability of bodily harm 29 to the patient or client or to others. 30 31 55 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (w) Making public statements which are derived from 2 test data, client contacts, or behavioral research and which 3 identify or damage research subjects or clients. 4 Section 17. Section 491.012, Florida Statutes, is 5 amended to read: 6 491.012 Violations; penalty; injunction.-- 7 (1) It is unlawful and a violation of this chapter for 8 any person to: 9 (a) Use the following titles or any combination 10 thereof, unless he holds a valid, active license as a clinical 11 social worker issued pursuant to this chapter: 12 1. "Licensed clinical social worker." 13 2. "Clinical social worker." 14 3. "Licensed social worker." 15 4. "Psychiatric social worker." 16 5. "Psychosocial worker." 17 (b) Use the following titles or any combination 18 thereof, unless he holds a valid, active license as a marriage 19 and family therapist issued pursuant to this chapter: 20 1. "Licensed marriage and family therapist." 21 2. "Marriage and family therapist." 22 3. "Marriage counselor." 23 4. "Marriage consultant." 24 5. "Family therapist." 25 6. "Family counselor." 26 7. "Family consultant." 27 (c) Use the following titles or any combination 28 thereof, unless he holds a valid, active license as a mental 29 health counselor issued pursuant to this chapter: 30 1. "Licensed mental health counselor." 31 2. "Mental health counselor." 56 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 3. "Mental health therapist." 2 4. "Mental health consultant." 3 (d) Use the terms psychotherapist or sex therapist, 4 unless such person is licensed pursuant to this chapter or 5 chapter 490, or is certified under s. 464.012 as an advanced 6 registered nurse practitioner who has been determined by the 7 Board of Nursing as a specialist in the category of 8 psychiatric mental health and the use of such terms is within 9 the scope of his practice based on education, training, and 10 licensure. 11 (e) Present as his own the clinical social work, 12 marriage and family therapy, or mental health counseling 13 license of another. 14 (f) Give false or forged evidence to the board or a 15 member thereof for the purpose of obtaining a license. 16 (g) Use or attempt to use a license issued pursuant to 17 this chapter which has been revoked or is under suspension. 18 (h) Knowingly conceal information relative to 19 violations of this chapter. 20 (i) Beginning October 1, 1992, Practice clinical 21 social work in this state, as the practice is defined in s. 22 491.003(7), for compensation, unless the person holds a valid, 23 an active license to practice clinical social work issued 24 pursuant to this chapter. 25 (j) Beginning October 1, 1992, Practice marriage and 26 family therapy in this state, as the practice is defined in s. 27 491.003(8), for compensation, unless the person holds a valid, 28 an active license to practice marriage and family therapy 29 issued pursuant to this chapter. 30 (k) Beginning October 1, 1992, Practice mental health 31 counseling in this state, as the practice is defined in s. 57 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 491.003(9), for compensation, unless the person holds a valid, 2 an active license to practice mental health counseling issued 3 pursuant to this chapter. 4 (l) Use the following titles or any combination 5 thereof, unless he or she holds a valid registration as an 6 intern issued pursuant to this chapter: 7 1. "Registered clinical social worker intern." 8 2. "Registered marriage and family therapist intern." 9 3. "Registered mental health counselor intern." 10 (m) Use the following titles or any combination 11 thereof, unless he or she holds a valid provisional license 12 issued pursuant to this chapter: 13 1. "Provisional clinical social worker licensee." 14 2. "Provisional marriage and family therapist 15 licensee." 16 3. "Provisional mental health counselor licensee." 17 (2) It is unlawful and a violation of this chapter for 18 any person to describe his services using the following terms 19 or any derivative thereof, unless such person holds a valid, 20 active license under this chapter or chapter 490, or is 21 certified under s. 464.012 as an advanced registered nurse 22 practitioner who has been determined by the Board of Nursing 23 as a specialist in the category of psychiatric mental health 24 under s. 464.012, and the use of such terms is within the 25 scope of his practice based on education, training, and 26 licensure: 27 (a) "Psychotherapy." 28 (b) "Sex therapy." 29 (c) "Sex counseling." 30 (d) "Clinical social work." 31 (e) "Psychiatric social work." 58 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (f) "Marriage and family therapy." 2 (g) "Marriage and family counseling." 3 (h) "Marriage counseling." 4 (i) "Family counseling." 5 (j) "Mental health counseling." 6 (3) Any person who violates any provision of 7 subsection (1) or subsection (2) commits a misdemeanor of the 8 first degree, punishable as provided in s. 775.082 or s. 9 775.083. 10 (4) The department may institute appropriate judicial 11 proceedings to enjoin violation of this section. 12 Section 18. Section 491.014, Florida Statutes, is 13 amended to read: 14 491.014 Exemptions.-- 15 (1) No provision of this chapter shall be construed to 16 limit the practice of physicians licensed pursuant to chapter 17 458 or chapter 459, or psychologists licensed pursuant to 18 chapter 490, so long as they do not unlawfully hold themselves 19 out to the public as possessing a license, provisional 20 license, registration, or certificate issued pursuant to this 21 chapter or use a professional title protected by this chapter. 22 (2) No provision of this chapter shall be construed to 23 limit the practice of nursing, school psychology, or 24 psychology, or to prevent qualified members of other 25 professions from doing work of a nature consistent with their 26 training and licensure, so long as they do not hold themselves 27 out to the public as possessing a license, provisional 28 license, registration, or certificate issued pursuant to this 29 chapter or use a title protected by this chapter. 30 (3) No provision of this chapter shall be construed to 31 limit the performance of activities of a rabbi, priest, 59 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 minister, or clergyman of any religious denomination or sect, 2 or use of the terms "Christian counselor" or "Christian 3 clinical counselor" when the activities are within the scope 4 of the performance of his regular or specialized ministerial 5 duties and no compensation is received by him, or when such 6 activities are performed, with or without compensation, by a 7 person for or under the auspices or sponsorship, individually 8 or in conjunction with others, of an established and legally 9 cognizable church, denomination, or sect, and when the person 10 rendering service remains accountable to the established 11 authority thereof. 12 (4) No person shall be required to be licensed, 13 provisionally licensed, registered, or certified under this 14 chapter who: 15 (a) Is a salaried employee of a government agency; 16 developmental services program, mental health, alcohol, or 17 drug abuse facility operating pursuant to chapter 393, chapter 18 394, or chapter 397; subsidized child care program, subsidized 19 child care case management program, or child care resource and 20 referral program, operating pursuant to chapter 402; 21 child-placing or child-caring agency licensed pursuant to 22 chapter 409; domestic violence center certified pursuant to 23 chapter 415; accredited academic institution; or research 24 institution, if such employee is performing duties for which 25 he was trained and hired solely within the confines of such 26 agency, facility, or institution. 27 (b) Is a salaried employee of a private, nonprofit 28 organization providing counseling services to children, youth, 29 and families, if such services are provided for no charge, if 30 such employee is performing duties for which he was trained 31 and hired. 60 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 (c) Is a student providing services regulated under 2 this chapter who is pursuing a course of study which leads to 3 a degree in medicine or a profession regulated by this 4 chapter, who is providing services in a training setting, 5 provided such activities or services and associated activities 6 constitute part of a supervised course of study, and or is a 7 graduate accumulating the experience required for any 8 licensure or certification under this chapter, provided such 9 graduate or student is designated by the a title such as 10 "student intern." or "trainee" which clearly indicates the 11 in-training status of the student. 12 (d) Is not a resident of this state but offers 13 services in this state, provided: 14 1. Such services are performed for no more than 5 days 15 in any month and no more than 15 days in any calendar year; 16 and 17 2. Such nonresident is licensed or certified to 18 practice the services provided by a state or territory of the 19 United States or by a foreign country or province. 20 (5) No provision of this chapter shall be construed to 21 limit the practice of any individual who solely engages in 22 behavior analysis so long as he does not hold himself out to 23 the public as possessing a license issued pursuant to this 24 chapter or use a title protected by this chapter. 25 (6) Nothing in subsections (2)-(4) shall exempt any 26 person from the provisions of s. 491.012(1)(a)-(c), (l), and 27 (m). 28 (7) Any person who is not licensed under this chapter 29 by October 1, 1992, and who desires to become so licensed 30 shall register with the department that person's intent to 31 become fully licensed no later than October 1, 1995. The 61 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 costs to the department of such registration shall be borne by 2 the registrant. The department may require affidavits and 3 supporting documentation sufficient to demonstrate that the 4 registrant is preparing for examination by October 1, 1995, 5 under this chapter. The department may adopt rules to 6 implement this section. Upon receipt of the department's 7 notice of registration, the registrant may practice services 8 as defined in s. 491.003(7), (8), and (9), provided that the 9 registrant uses "trainee" or "intern" with any title or 10 description of the registrant's work and on any business 11 correspondence and work product, including, but not limited 12 to, a business card, letterhead, sign, billing, or report 13 unless exempt pursuant to this chapter. 14 (7)(8) Except as stipulated by the board, the 15 exemptions contained in this section subsection (4) do not 16 apply to any person licensed under this chapter whose license 17 has been suspended or revoked by the board or another 18 jurisdiction. 19 (8)(9) Nothing in this section shall be construed to 20 exempt a person from meeting the minimum standards of 21 performance in professional activities when measured against 22 generally prevailing peer performance, including the 23 undertaking of activities for which the person is not 24 qualified by training or experience. 25 Section 19. Section 491.0149, Florida Statutes, is 26 amended to read: 27 491.0149 Display of license; use of professional title 28 on promotional materials.-- 29 (1)(a) A person licensed under this chapter as a 30 clinical social worker, marriage and family therapist, or 31 mental health counselor, or certified as a master social 62 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 worker shall conspicuously display the valid license issued by 2 the department or a true copy thereof at each location at 3 which the licensee practices his profession. 4 (b)1.(2) A licensed clinical social worker shall 5 include the words "licensed clinical social worker" or the 6 letters "LCSW" on all promotional materials, including cards, 7 brochures, stationery, advertisements, and signs, naming the 8 licensee. 9 2.(4) A licensed marriage and family therapist shall 10 include the words "licensed marriage and family therapist" or 11 the letters "LMFT" on all promotional materials, including 12 cards, brochures, stationery, advertisements, and signs, 13 naming the licensee. 14 3.(3) A licensed mental health counselor shall include 15 the words "licensed mental health counselor" or the letters 16 "LMHC" on all promotional materials, including cards, 17 brochures, stationery, advertisements, and signs, naming the 18 licensee. 19 (2)(a) A person registered under this chapter as a 20 clinical social worker intern, marriage and family therapist 21 intern, or mental health counselor intern shall conspicuously 22 display the valid registration issued by the department or a 23 true copy thereof at each location at which the registered 24 intern is completing the experience requirements. 25 (b) A registered clinical social worker intern shall 26 include the words "registered clinical social worker intern," 27 a registered marriage and family therapist intern shall 28 include the words "registered marriage and family therapist 29 intern," and a registered mental health counselor intern shall 30 include the words "registered mental health counselor intern" 31 on all promotional materials, including cards, brochures, 63 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 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 20. Paragraph (b) of subsection (4) of section 20 232.02, Florida Statutes, is amended to read: 21 232.02 Regular school attendance.--Regular attendance 22 is the actual attendance of a pupil during the school day as 23 defined by law and regulations of the state board. Regular 24 attendance within the intent of s. 232.01 may be achieved by 25 attendance in: 26 (4) A home education program as defined in s. 228.041, 27 provided that at least one of the following conditions is met: 28 (b) The parent does not hold a valid regular Florida 29 certificate to teach and complies with the following 30 requirements: 31 64 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 1. Notifies the superintendent of schools of the 2 county in which the parent resides of her or his intent to 3 establish and maintain a home education program. The notice 4 shall be in writing, signed by the parent, and shall include 5 the names, addresses, and birthdates of all children who shall 6 be enrolled as students in the home education program. The 7 notice shall be filed in the superintendent's office within 30 8 days of the establishment of the home education program. A 9 written notice of termination of the home education program 10 shall be filed in the superintendent's office within 30 days 11 of said termination. 12 2. Maintains a portfolio of records and materials. 13 The portfolio shall consist of a log, made contemporaneously 14 with the instruction, which designates by title the reading 15 materials used and samples of any writings, worksheets, 16 workbooks, and creative materials used or developed by the 17 student. The portfolio shall be preserved by the parent for 2 18 years and shall be made available for inspection by the 19 superintendent, or the superintendent's agent, upon 15 days' 20 written notice. 21 3. Provides for an annual educational evaluation in 22 which is documented the pupil's demonstration of educational 23 progress at a level commensurate with her or his ability. A 24 copy of the evaluation shall be filed annually with the 25 district school board office in the county in which the pupil 26 resides. The annual educational evaluation shall consist of 27 one of the following: 28 a. A teacher selected by the parent shall evaluate the 29 pupil's educational progress upon review of the portfolio and 30 discussion with the pupil. Such teacher shall hold a valid 31 regular Florida certificate to teach academic subjects at the 65 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 elementary or secondary level. The teacher shall submit a 2 written evaluation to the school superintendent; 3 b. The pupil shall take any nationally normed student 4 achievement test used by the district and administered by a 5 certified teacher. Such test results shall be reported to the 6 school superintendent; 7 c. The pupil shall take a state student assessment 8 test. Such test results shall be reported to the school 9 superintendent; 10 d. The pupil shall be evaluated by an individual 11 holding a valid, active license pursuant to the provisions of 12 s. 490.003(7)(3) or (8)(5). Such results shall be reported to 13 the school superintendent; or 14 e. The pupil shall be evaluated with any other valid 15 measurement tool as mutually agreed upon by the school 16 superintendent of the district in which the pupil resides and 17 the pupil's parent or guardian. Such results shall be 18 reported to the superintendent. 19 20 The school superintendent shall review and accept the results 21 of the annual educational evaluation of the pupil in a home 22 education program. If the pupil does not demonstrate 23 educational progress at a level commensurate with her or his 24 ability, the superintendent shall notify the parent, in 25 writing, that such progress has not been achieved. The parent 26 shall have 1 year from the date of receipt of the written 27 notification to provide remedial instruction to the pupil. At 28 the end of the 1-year probationary period, the pupil shall be 29 reevaluated as specified in this subparagraph. Continuation 30 in a home education program shall be contingent upon the pupil 31 66 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 329 601-107-97 1 demonstrating educational progress commensurate with her or 2 his ability at the end of the probationary period. 3 Section 21. Subsection (2) of section 394.455, Florida 4 Statutes, 1996 Supplement, is amended to read: 5 394.455 Definitions.--As used in this part, unless the 6 context clearly requires otherwise, the term: 7 (2) "Clinical psychologist" means a psychologist as 8 defined in s. 490.003(7)(3) with 3 years of postdoctoral 9 experience in the practice of clinical psychology, inclusive 10 of the experience required for licensure, or a psychologist 11 employed by a facility operated by the United States 12 Department of Veterans Affairs that qualifies as a receiving 13 or treatment facility under this part. 14 Section 22. Except as otherwise provided in this act, 15 this act shall take effect October 1, 1997. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 67