Senate Bill 0402c1

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    Florida Senate - 1998                            CS for SB 402

    By the Committee on Health Care and Senators Meadows and
    Childers




    317-2005-98

  1                      A bill to be entitled

  2         An act relating to certain social work

  3         services; creating part XV of chapter 468,

  4         F.S., to provide regulatory provisions

  5         applicable to certain social work practice;

  6         providing intent and definitions; creating an

  7         advisory council within the Department of

  8         Health; providing for appointment and terms of

  9         members and location of headquarters; providing

10         for rules; providing for different levels of

11         licensure and practice; providing for licensure

12         by examination or endorsement; providing for

13         biennial renewal of licenses; providing for

14         inactive status and reactivation of inactive

15         licenses; providing fees; requiring instruction

16         on human immunodeficiency virus and acquired

17         immune deficiency syndrome; providing

18         continuing education requirements and providing

19         for approval of continuing education providers,

20         programs, and courses; providing grounds for

21         disciplinary action and specifying criminal

22         violations; prohibiting sexual misconduct;

23         providing penalties; providing exemptions from

24         regulation under the part; providing that

25         communications between licensees and clients

26         are confidential; providing requirements for

27         the maintenance and transfer of records;

28         requiring display of license at practice

29         location; requiring professional designation on

30         promotional materials; repealing s. 491.0145,

31         F.S., relating to certified master social

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  1         workers, to conform; amending s. 491.0149,

  2         F.S., relating to display of license and use of

  3         professional title on promotional materials, to

  4         conform; repealing s. 491.015, F.S., relating

  5         to duties of the Department of Health as to

  6         certified master social workers, to conform;

  7         providing applicability to current

  8         certificateholders; providing an effective

  9         date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Part XV of chapter 468, Florida Statutes,

14  consisting of sections 468.851, 468.852, 468.853, 468.855,

15  468.856, 468.857, 468.858, 468.859, 468.861, 468.862, 468.863,

16  468.864, 468.865, 468.866, 468.867, 468.868, and 468.869, is

17  created to read:

18                             PART XV

19                 NONCLINICAL SOCIAL WORK PRACTICE

20         468.851  Intent.--The Legislature finds that as society

21  becomes increasingly complex, emotional survival is equal in

22  importance to physical survival. Therefore, in order to

23  preserve the health, safety, and welfare of the public, the

24  Legislature must provide confidential communication for

25  members of the public, or those acting on their behalf, to

26  encourage the seeking out of needed or desired social work

27  services that are within the practice of nonclinical social

28  work. The Legislature further finds that, since such

29  supportive services assist individuals, families, groups, and

30  communities, the practice of nonclinical social work by

31  persons not qualified to practice such profession presents a

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  1  danger to the public health, safety, and welfare. The

  2  Legislature finds that, to further secure the health, safety,

  3  and welfare of the public and also to encourage professional

  4  cooperation among all qualified professionals, the Legislature

  5  must assist the public in making informed choices of such

  6  services by establishing minimum qualifications for entering

  7  into and remaining in the social work profession regulated

  8  under this part.

  9         468.852  Definitions.--As used in this part:

10         (1)  "Advisory council" or "council" means the Advisory

11  Council on Nonclinical Social Work Practice.

12         (2)  "Assessment" means the social work function,

13  practiced by all social workers, of acquiring an understanding

14  of the problem of a client, whether an individual, a family, a

15  group, a community, or an organization; what causes the

16  severity and intensity of the problem; and what can be done to

17  minimize or resolve it. A nonclinical social worker performing

18  an assessment examines a variety of issues in the context of

19  the client's total environment, including health, physical and

20  intellectual functioning, strengths and resources, service

21  needs, social networks, and human service providers.

22         (3)  "Case management" means the organization,

23  coordination, and monitoring of a network of services for a

24  client with multiple needs. The tasks of case management

25  include, but are not limited to, case identification,

26  assessment and planning to meet client needs, promoting the

27  skills and capacities of the client, coordination and

28  referral, implementation of services, advocating for the

29  client when existing resources are insufficient or

30  unavailable, and monitoring, evaluation, and reassessment.

31

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  1  Case management may be performed by social workers at all

  2  levels.

  3         (4)  "Department" means the Department of Health.

  4         (5)  "Licensed bachelor social worker" means a person

  5  licensed under this part to practice bachelor-level social

  6  work.

  7         (6)  "Licensed graduate social worker" means a person

  8  licensed under this part to practice graduate-level social

  9  work.

10         (7)  "Practice of licensed bachelor social work" means

11  the provision of generalist nonclinical social work services,

12  based on generic practice knowledge and skills applicable

13  across problems and populations. This includes the use of

14  basic skills relevant to scientific and applied knowledge,

15  theories, and methods to provide nonclinical social work

16  assessment and referral, needed nonclinical social work

17  information and education to clients, nonclinical social work

18  case management and supportive services to individuals,

19  families, groups, and communities. No provision of this part

20  shall be construed to limit persons from doing work or

21  activities of a nature consistent with their licensure,

22  education, or training so long as they do not hold themselves

23  out to the public as processing social work licensure pursuant

24  to this part or use a title protected by this part. Nothing in

25  this subsection may be construed to permit the practice of

26  psychotherapy.

27         (8)  "Practice of graduate social work" means the

28  provision of advanced and concentrated nonclinical social work

29  practice skills, including the use of an enhanced base for

30  scientific and applied knowledge, theories, and methods to

31  provide a conceptual and practical framework for an advanced

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  1  level of nonclinical social work assessment and referral,

  2  nonclinical casework management, and supportive services to

  3  individuals, families, groups, and communities, and advanced

  4  nonclinical social work management. No provision of this part

  5  shall be construed to limit persons from doing work or

  6  activities of a nature consistent with their licensure,

  7  education, or training so long as they do not hold themselves

  8  out to the public as possessing social work licensure pursuant

  9  to this part or use a title protected by this part. Nothing in

10  this subsection may be construed to permit the practice of

11  psychotherapy.

12         (9)  "Supervision" includes, but is not limited to,

13  assigning cases, discussing assessment and intervention plans,

14  reviewing contact with clients, and assisting workers with

15  agency policy, knowledge of available resources, and

16  enhancement of staff moral. Educational supervision is

17  supervision oriented toward professional concerns related to

18  specific cases and is practiced by all social workers.

19  Administrative supervision is supervision oriented toward

20  agency policy and public accountability.

21         (10)  "Support services" refers to the provision of

22  concrete services, including, but not limited to, arranging

23  transportation, equipment needs, and in-home service, food,

24  and shelter, and the linking of clients with such services.

25         468.853  Advisory Council on Nonclinical Social Work

26  Practice.--

27         (1)  There is created within the Department of Health

28  an Advisory Council on Nonclinical Social Work Practice

29  composed of seven members appointed by the secretary of the

30  department.

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  1         (2)(a)  Five members of the council shall be persons

  2  licensed under this part as follows:

  3         1.  Two members shall be licensed bachelor social

  4  workers.

  5         2.  Two members shall be licensed graduate social

  6  workers.

  7         3.  One member shall be a clinical social worker

  8  licensed under chapter 491.

  9

10  Initially, however, the two members seated as licensed

11  bachelor social workers and the two members seated as licensed

12  graduate social workers may be unlicensed bachelor social

13  workers and unlicensed graduate social workers who the

14  secretary of the department has determined satisfy all of the

15  requirements for licensure set forth in this part.

16         (b)  Two members of the council shall be citizens who

17  are not connected with the practice of social work.

18         (3)(a)  No later than January 1, 1999, the secretary of

19  the department shall appoint seven members of the council as

20  follows:

21         1.  Two members for terms of 2 years each.

22         2.  Two members for terms of 3 years each.

23         3.  Three members for terms of 4 years each.

24         (b)  As the terms of the initial members expire, the

25  secretary of the department shall appoint successors for terms

26  of 4 years; and those members shall serve until their

27  successors are appointed.

28         (4)  The department may adopt rules as provided in

29  chapter 120 relating to the licensure of graduate social

30  workers and bachelor social workers.

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  1         (5)  All applicable provisions of chapter 455 relating

  2  to activities of regulatory boards shall apply to the council.

  3         (6)  The council shall maintain its official

  4  headquarters in the City of Tallahassee.

  5         468.855  Licensure by examination.--

  6         (1)  LICENSED GRADUATE SOCIAL WORKER.--

  7         (a)  Upon verification of documentation and payment of

  8  a fee not to exceed $200, as set by department rule, plus the

  9  actual per applicant cost to the department for purchase of

10  the examination from the American Association of State Social

11  Worker's Boards or a similar national organization, the

12  department shall issue a license as a licensed graduate social

13  worker to an applicant who the department certifies:

14         1.  Has made application therefor and paid the

15  appropriate fee.

16         2.  Has received a doctoral degree in social work from

17  a graduate school of social work which at the time the

18  applicant graduated was accredited by an accrediting agency

19  recognized by the United States Department of Education or has

20  received a master's degree in social work from a graduate

21  school of social work which at the time the applicant

22  graduated:

23         a.  Was accredited by the Council on Social Work

24  Education;

25         b.  Was accredited by the Canadian Association of

26  Schools of Social Work; or

27         c.  Has been determined to have been a program

28  equivalent to programs approved by the Council on Social Work

29  Education by the Foreign Equivalency Determination Service of

30  the Council on Social Work Education. An applicant who

31  graduated from a program at a university or college outside

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  1  the United States or Canada must present documentation of the

  2  equivalency determination from such council in order to

  3  qualify.

  4         3.  Has had not less than 2 years of social work

  5  experience, which took place subsequent to completion of a

  6  graduate degree in social work at an institution meeting the

  7  accreditation requirements of this subsection, under the

  8  supervision of a licensed clinical social worker, a licensed

  9  graduate social worker, or the equivalent who is a qualified

10  supervisor as determined by the department.  An applicant who

11  is completing the social work experience required by this

12  subparagraph may practice as a graduate social work intern or

13  trainee under supervision.

14         4.  Has passed a theory and practice examination

15  provided by the department for this purpose.

16         5.  Has demonstrated, in a manner designated by rule of

17  the department, knowledge of the laws and rules governing the

18  practice of graduate-level social work.

19         (b)  The educational program under this subsection must

20  include content on social work values and ethics, diversity,

21  social and economic justice, populations at risk, human

22  behavior and the social environment, social welfare policy and

23  services, social work practice, and research and skills for

24  advanced practice in an identifiable field of practice on

25  social work methodology such as management, administration,

26  program planning and evaluation, staff development, research,

27  community organization, community services, social planning,

28  program supervision, or human service advocacy. The program

29  must include a supervised field placement in an advanced

30  social work method or field of practice.

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  1         (c)  Upon licensure, a licensed graduate social worker

  2  may engage in nonclinical social work practice as authorized

  3  by this part.  A licensed graduate social worker may not

  4  provide psychotherapy services or any other service for which

  5  licensure as a clinical social worker is required, and nothing

  6  in this subsection may be construed to permit the practice of

  7  psychotherapy.

  8         (d)  A person who meets the requirements under this

  9  section to be licensed as a graduate social worker and applies

10  for licensure after June 30, 1998, and before December 1,

11  1999, is exempt from the examination requirements of this

12  section.

13         (2)  LICENSED BACHELOR SOCIAL WORKER.--

14         (a)  Upon verification of documentation and payment of

15  a fee not to exceed $200, as set by department rule, plus the

16  actual per applicant cost to the department for purchase of

17  the examination from the American Association of State Social

18  Worker's Boards or a similar national organization, the

19  department shall issue a license as a licensed bachelor social

20  worker to an applicant who the department certifies:

21         1.  Has made application therefor and paid the

22  appropriate fee.

23         2.  Has received a bachelor's degree in social work

24  from a school of social work at a university or college which

25  at the time the applicant graduated was accredited by an

26  accrediting agency recognized by the United States Department

27  of Education or has received a bachelor's degree in social

28  work from a school of social work at a university or college

29  which at the time the applicant graduated:

30         a.  Was accredited by the Council on Social Work

31  Education;

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  1         b.  Was accredited by the Canadian Association of

  2  Schools of Social Work; or

  3         c.  Has been determined to have been a program

  4  equivalent to programs approved by the Council on Social Work

  5  Education by the Foreign Equivalency Determination Service of

  6  the Council on Social Work Education. An applicant who

  7  graduated from a program at a university or college outside

  8  the United States or Canada must present documentation of the

  9  equivalency determination from such council in order to

10  qualify.

11         3.  Has had not less than 2 years of social work

12  experience, which took place subsequent to completion of a

13  bachelor's degree in social work at an institution meeting the

14  accreditation requirements of this subsection, under the

15  supervision of a licensed clinical social worker, a licensed

16  graduate social worker, a licensed bachelor social worker, or

17  the equivalent who is a qualified supervisor as determined by

18  the department. An applicant who is completing the social work

19  experience required by this subparagraph may practice as a

20  bachelor social work intern or trainee under supervision.

21         4.  Has passed a theory and practice examination

22  provided by the department for this purpose.

23         5.  Has demonstrated, in a manner designated by rule of

24  the department, knowledge of the laws and rules governing the

25  practice of bachelor-level social work.

26         (b)  The educational program under this subsection must

27  include content on social work values and ethics, diversity,

28  social and economic justice, populations at risk, human

29  behavior and the social environment, social welfare policy and

30  services, social work practice, and research and skills for

31

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  1  entry-level practice. The program must include an entry-level

  2  supervised placement in a social service setting.

  3         (c)  Upon licensure, a licensed bachelor social worker

  4  may engage in nonclinical social work practice as authorized

  5  by this part. A licensed bachelor social worker may not

  6  provide psychotherapy services or any other service for which

  7  licensure as a licensed graduate social worker or clinical

  8  social worker is required, and nothing in this subsection may

  9  be construed to permit the practice of psychotherapy.

10         (d)  A person who meets the requirements under this

11  section to be licensed as a bachelor social worker and applies

12  for licensure after June 30, 1998, and before December 1,

13  1999, is exempt from the examination requirements of this

14  section.

15         468.856  Licensure by endorsement.--

16         (1)  The department shall license a person in any level

17  of nonclinical social work regulated by this part who, upon

18  applying to the department and remitting the appropriate fee,

19  demonstrates to the department that he or she:

20         (a)  Holds an active, valid license to practice and has

21  actively practiced that level of social work in another state

22  for 3 of the 5 years immediately preceding licensure.

23         (b)  Meets the education and experience requirements of

24  this part for the level of social work for which licensure is

25  applied.

26         (c)  Has passed a substantially equivalent licensing

27  examination in another state.

28         (d)  Holds a license in good standing, is not under

29  investigation for an act that would constitute a violation of

30  this part, and has not been found to have committed any act

31  that would constitute a violation of this part.

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  1         (e)  Has demonstrated knowledge of the applicable laws

  2  and rules of this state.

  3         (2)  The department may not issue a license by

  4  endorsement to any applicant who is under investigation in

  5  this or another jurisdiction for an act that would constitute

  6  a violation of this part until such time as the investigation

  7  is complete, at which time the provisions of s. 468.862 apply.

  8         468.857  Requirement for instruction on human

  9  immunodeficiency virus and acquired immune deficiency

10  syndrome.--The department shall require, as a condition of

11  granting a license under this part, that an applicant making

12  initial application for licensure complete an education course

13  acceptable to the department on human immunodeficiency virus

14  and acquired immune deficiency syndrome.  An applicant who has

15  not taken a course at the time of licensure shall, upon

16  submission of an affidavit showing good cause, be allowed 6

17  months to complete this requirement.

18         468.858  Renewal of license.--

19         (1)  The department shall prescribe by rule a method

20  for the biennial renewal of licenses at a fee set by rule, not

21  to exceed $150.

22         (2)  Each applicant for renewal shall present

23  satisfactory evidence that, in the period since the license

24  was issued, the applicant has completed continuing education

25  requirements set by rule of the department. Not more than 25

26  classroom hours of continuing education per year may be

27  required.

28         468.859  Inactive status; reactivation of licenses;

29  fees.--

30

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  1         (1)  Inactive status is the licensure status that

  2  results when a licensee has applied to be placed on inactive

  3  status and has paid a $50 fee to the department.

  4         (a)  An inactive license may be renewed biennially for

  5  $50 per biennium.

  6         (b)  An inactive license may be reactivated by

  7  submitting an application to the department, completing the

  8  continuing education requirements, complying with any

  9  background investigation required, complying with other

10  requirements prescribed by the department, and paying a $50

11  reactivation fee plus the current biennial renewal fee at the

12  time of reactivation.

13         (2)  The department may adopt rules relating to

14  inactive licenses and the reactivation of licenses.

15         468.861  Continuing education; approval of providers,

16  programs, and courses; proof of completion.--

17         (1)  Continuing education providers, programs, and

18  courses shall be approved by the department.

19         (2)  The department has the authority to set a fee not

20  to exceed $300 for each provider submitted for approval. Such

21  fees shall be deposited into the Health Care Trust Fund.

22         (3)  Proof of completion of the required number of

23  hours of continuing education shall be submitted to the

24  department in the manner and time specified by rule and on

25  forms provided by the department.

26         (4)  The department may adopt rules as provided in

27  chapter 120 to approve continuing education providers,

28  programs, and courses.

29         468.862  Discipline.--

30         (1)  When the department finds that an applicant or

31  licensee whom it regulates under this part has committed any

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  1  of the acts set forth in subsection (2), it may issue an order

  2  imposing one or more of the following penalties:

  3         (a)  Denial of an application for licensure, either

  4  temporarily or permanently.

  5         (b)  Revocation of a license, after hearing, either

  6  temporarily or permanently.

  7         (c)  Suspension of a license for a period of up to 5

  8  years, after hearing.

  9         (d)  Immediate suspension of a license pursuant to s.

10  120.60(6).

11         (e)  Imposition of an administrative fine not to exceed

12  $1,000 for each count or separate offense.

13         (f)  Issuance of a public reprimand.

14         (g)  Placement of an applicant or licensee on probation

15  for a period of time and subject to such conditions as the

16  department may specify, including, but not limited to,

17  requiring the applicant or licensee to submit to treatment, to

18  attend continuing education courses, to submit to

19  reexamination, or to work under the supervision of a

20  designated licensee.

21         (h)  Restriction of practice.

22         (2)  The following acts of a licensee or applicant are

23  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 under this part by bribery or fraudulent

27  misrepresentation or through an error of the department.

28         (b)  Having a license to practice a comparable

29  profession revoked, suspended, or otherwise acted against,

30  including the denial of licensure by another state, territory,

31  or country.

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  1         (c)  Being convicted or found guilty of, regardless of

  2  adjudication, or having entered a plea of nolo contendere to,

  3  a crime in any jurisdiction which directly relates to the

  4  practice of his or her profession or the ability to practice

  5  his or her profession. However, in the case of a plea of nolo

  6  contendere, the department shall allow the person who is the

  7  subject of the disciplinary proceeding to present evidence in

  8  mitigation relevant to the underlying charges and

  9  circumstances surrounding the plea.

10         (d)  False, deceptive, or misleading advertising or

11  obtaining a fee or other thing of value on the representation

12  that beneficial results from any treatment will be guaranteed.

13         (e)  Advertising, practicing, or attempting to practice

14  under a name other than one's own.

15         (f)  Maintaining a professional association with any

16  person who the applicant or licensee knows, or has reason to

17  believe, is in violation of this part or of a rule of the

18  department.

19         (g)  Knowingly aiding, assisting, procuring, or

20  advising any nonlicensed person to hold himself or herself out

21  as licensed under this part.

22         (h)  Failing to perform any statutory or legal

23  obligation placed upon a person licensed under this part.

24         (i)  Willfully making or filing a false report or

25  record; failing to file a report or record required by state

26  or federal law; willfully impeding or obstructing the filing

27  of a report or record; or inducing another person to make or

28  file a false report or record or to impede or obstruct the

29  filing of a report or record. Such report or record includes

30  only a report or record which requires the signature of a

31  person licensed under this part.

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  1         (j)  Paying a kickback, rebate, bonus, or other

  2  remuneration for receiving a client, or receiving a kickback,

  3  rebate, bonus, or other remuneration for referring a client to

  4  another licensee under this part, to a provider of mental

  5  health care services, or to a provider of health care services

  6  or goods; referring a client to oneself for services on a

  7  fee-paid basis when those services are already being paid for

  8  by some other public or private entity; or entering into a

  9  reciprocal referral agreement.

10         (k)  Committing any act upon a client which would

11  constitute sexual battery or which would constitute sexual

12  misconduct as defined pursuant to s. 468.863.

13         (l)  Making misleading, deceptive, untrue, or

14  fraudulent representations in the practice of any profession

15  licensed under this part.

16         (m)  Soliciting clients personally, or through an

17  agent, through the use of fraud, intimidation, undue

18  influence, or a form of overreaching or vexatious conduct.

19         (n)  Failing to make available to a client, upon

20  written request, copies of records in the possession or under

21  the control of the licensee which have been prepared for the

22  client.

23         (o)  Failing to respond within 30 days to a written

24  communication from the department concerning any investigation

25  by the department, or failing to make available any relevant

26  records with respect to any investigation about the licensee's

27  conduct or background.

28         (p)  Being unable to practice the profession for which

29  he or she is licensed under this part with reasonable skill or

30  competence as a result of any mental or physical condition or

31  by reason of illness; drunkenness; or excessive use of drugs,

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  1  narcotics, chemicals, or any other substance. In enforcing

  2  this paragraph, upon a finding by the secretary, or his or her

  3  designee, that probable cause exists to believe that the

  4  licensee is unable to practice the profession because of the

  5  reasons stated in this paragraph, the department shall have

  6  the authority to compel a licensee to submit to a mental or

  7  physical examination by psychologists, physicians, or

  8  licensees under chapter 491, designated by the department. If

  9  the licensee refuses to comply with such order, the

10  department's order directing the examination may be enforced

11  by filing a petition for enforcement in the circuit court in

12  the circuit in which the licensee resides or does business.

13  The department shall be entitled to the summary procedure

14  provided in s. 51.011. A licensee affected under this

15  paragraph shall at reasonable intervals be afforded an

16  opportunity to demonstrate that he or she can resume the

17  competent practice for which he or she is licensed with

18  reasonable skill and safety to clients.

19         (q)  Violating any provision of this part or chapter

20  455, or any rule adopted pursuant thereto.

21         (r)  Failing to meet the minimum standards of

22  performance in professional activities when measured against

23  generally prevailing peer performance, including the

24  undertaking of activities for which the licensee is not

25  qualified by training or experience.

26         (s)  Delegating professional responsibilities to a

27  person who the licensee knows or has reason to know is not

28  qualified by training or experience to perform such

29  responsibilities.

30

31

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  1         (t)  Violating a rule relating to the regulation of the

  2  profession or a lawful order of the department previously

  3  entered in a disciplinary hearing.

  4         (u)  Failure of the licensee to maintain in confidence

  5  a communication made by a client in the context of such

  6  services, except as provided in s. 468.867.

  7         (v)  Making public statements which are derived from

  8  test data, client contacts, or behavioral research and which

  9  identify or damage research subjects or clients.

10         468.863  Sexual misconduct.--Sexual misconduct by any

11  person licensed under this part, in the practice of his or her

12  profession, is prohibited. Sexual misconduct shall be defined

13  by rule of the department.

14         468.864  Sexual misconduct by licensees under this

15  part; penalties.--

16         (1)  Any licensee under this part who commits sexual

17  misconduct with a client, or former client when the

18  professional relationship was terminated primarily for the

19  purpose of engaging in sexual contact, commits a felony of the

20  third degree, punishable as provided in s. 775.082 or s.

21  775.083; however, a second or subsequent offense is a felony

22  of the second degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         (2)  Any licensee under this part who violates

25  subsection (1) by means of deception commits a felony of the

26  second degree, punishable as provided in s. 775.082, s.

27  775.083, or s. 775.084.

28         (3)  The giving of consent by the client to any such

29  act shall not be a defense to these offenses.

30         (4)  For the purposes of this section:

31

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  1         (a)  "Client" means a person to whom the services of a

  2  licensee under this part are provided.

  3         (b)  "Deception" means a representation to the client

  4  that sexual contact by the licensee is consistent with or part

  5  of the treatment of the client.

  6         (c)  "Sexual misconduct" means the oral, anal, or

  7  vaginal penetration of another by, or contact with, the sexual

  8  organ of another or the anal or vaginal penetration of another

  9  by any object.

10         468.865  Violations; penalty; injunction.--

11         (1)  It is unlawful and a violation of this part for

12  any person to:

13         (a)  Use the following titles or any combination

14  thereof, unless the person holds a valid, active license as a

15  licensed graduate social worker issued pursuant to this part:

16         1.  "Licensed graduate social worker."

17         2.  "Graduate social worker."

18         3.  "Advanced social worker."

19         (b)  Use the following titles or any combination

20  thereof, unless the person holds a valid, active license as a

21  licensed bachelor social worker issued pursuant to this part:

22         1.  "Licensed bachelor social worker."

23         2.  "Bachelor social worker."

24         3.  "Baccalaureate social worker."

25         4.  "Social worker technician."

26         (c)  Use the term "psychotherapist" or "sex therapist,"

27  unless such person is licensed pursuant to chapter 458,

28  chapter 459, chapter 490, or chapter 491, or is certified

29  under s. 464.012 as an advanced registered nurse practitioner

30  who has been determined by the Board of Nursing as a

31  specialist in psychiatric mental health and the use of such

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  1  term is within the scope of his or her practice based on

  2  education, training, and licensure.

  3         (d)  Present as his or her own the social work license

  4  of another.

  5         (e)  Give false or forged evidence to the department

  6  for the purpose of obtaining a license.

  7         (f)  Use or attempt to use a license issued pursuant to

  8  this part which has been revoked or is under suspension.

  9         (g)  Knowingly conceal information relative to any

10  violation of this part.

11         (h)  Beginning January 1, 1999, practice in this state

12  any social work that is regulated under this part, as such

13  practice is defined in s. 468.852, unless the person holds a

14  valid, active license to practice nonclinical social work

15  issued under this part. This paragraph does not apply to the

16  practice of clinical social work, which is regulated under

17  chapter 491.

18         (2)  It is unlawful and a violation of this part for

19  any person to describe his or her services using the following

20  terms or any derivative thereof, unless such person holds a

21  valid, active license under chapter 490 or chapter 491, or is

22  certified under s. 464.012 as an advanced registered nurse

23  practitioner who has been determined by the Board of Nursing

24  as a specialist in psychiatric mental health and the use of

25  such term is within the scope of his or her practice based on

26  education, training, and licensure:

27         (a)  "Psychotherapy."

28         (b)  "Sex therapy."

29         (c)  "Sex counseling."

30         (d)  "Clinical social work."

31         (e)  "Psychiatric social work."

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  1         (3)  It is unlawful and a violation of this part for

  2  any person to use the term "social worker" or "licensed social

  3  worker" or to describe his or her services using the following

  4  terms or any derivative thereof, unless such person holds a

  5  valid, active license under this part or is a clinical social

  6  worker licensed under chapter 458, chapter 459, or chapter

  7  491:

  8         (a)  "Social work."

  9         (b)  "Social work services."

10         (4)  Nothing in this section may be construed to permit

11  the practice of psychotherapy.

12         (5)  Any person who violates any provision of

13  subsection (1), subsection (2), or subsection (3) commits a

14  misdemeanor of the first degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (6)  The department may institute appropriate judicial

17  proceedings to enjoin violation of this section.

18         468.866  Exemptions.--

19         (1)  No provision of this part may be construed to

20  limit the practice of physicians licensed under chapter 458 or

21  chapter 459, psychologists licensed under chapter 490, or

22  clinical social workers, marriage and family therapists, or

23  mental health counselors licensed under chapter 491, so long

24  as they do not unlawfully hold themselves out to the public as

25  possessing a license issued under this part or use a

26  professional title protected by this part. However, a clinical

27  social worker licensed under chapter 491 may use the term

28  "social work," "licensed social worker," or "social worker."

29         (2)  No provision of this part may be construed to

30  limit the practice of nursing, school psychology, school

31  guidance counseling, or psychology or to prevent qualified

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  1  members of other professions from doing work of a nature

  2  consistent with their training and licensure, so long as they

  3  do not hold themselves out to the public as possessing a

  4  license issued under this part or use a title protected by

  5  this part.

  6         (3)  No provision of this part may be construed to

  7  limit the performance of activities of a rabbi, priest,

  8  minister, or clergyman of any religious denomination or sect,

  9  or use of the term "Christian counselor" or "Christian

10  clinical counselor" when the activities are within the scope

11  of the performance of his or her regular or specialized

12  ministerial duties and no compensation is received by him or

13  her, or when such activities are performed, with or without

14  compensation, by a person for or under the auspices or

15  sponsorship, individually or in conjunction with others, of an

16  established and legally cognizable church, denomination, or

17  sect, and when the person rendering service remains

18  accountable to the established authority thereof, so long as

19  such person does not unlawfully hold himself or herself out to

20  the public as possessing a license issued under this part or

21  use a professional title protected by this part.

22         (4)  A person is not required to be licensed under this

23  part who:

24         (a)  Is a salaried employee of a government agency;

25  developmental services program or mental health, alcoholic, or

26  drug abuse facility operating under chapter 393, chapter 394,

27  or chapter 397; subsidized child care, subsidized child care

28  case management, or child care resource and referral program

29  operating under chapter 402; child-placing or child-caring

30  agency licensed under chapter 409; domestic violence center

31  certified under chapter 415; accredited academic institution;

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  1  or research institution, if such employee is performing duties

  2  for which he or she was trained and hired solely within the

  3  confines of such agency, facility, or institution.

  4         (b)  Is a salaried employee of a private, nonprofit

  5  organization providing counseling services to children, youth,

  6  and families, if such services are provided for no charge, if

  7  such employee is performing duties for which he was trained

  8  and hired.

  9         (c)  Is a student providing services regulated under

10  this part who is pursuing a course of study that leads to a

11  degree in a profession regulated by this part, is providing

12  services in a training setting, provided such services and

13  associated activities constitute part of a supervised course

14  of study, and is designated by the title "student intern."

15         (d)  Is not a resident of this state but offers

16  services in this state, provided:

17         1.  Such services are performed for no more than 5 days

18  in any month and no more than 15 days in any calendar year;

19  and

20         2.  Such nonresident is licensed to practice the

21  services provided by a state or territory of the United States

22  or by a foreign country or province.

23         (e)  Is certified in "school social work" by the

24  Department of Education and is performing school social work

25  services as an employee of a public or private educational

26  institution.  This exemption may not be construed to authorize

27  any unlicensed practice that is not performed as a direct

28  employee of an educational institution.

29         (f)  Is employed by, or is an independent contractor

30  for, a facility or agency licensed under parts II, III, IV, or

31  VI or chapter 400, practices only in the facility under the

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  1  supervision of the facility administrator and does not engage

  2  in the practice of clinical social work.

  3         (g)  Is a volunteer in public or private nonprofit or

  4  for profit social welfare agency, when the activities are

  5  within the scope of performance of his or her regular duties

  6  and no financial compensation is received by him or her, so

  7  long as such person does not unlawfully hold himself or

  8  herself out to the public as possessing a license issued under

  9  this part.

10

11  The exemptions in paragraphs (a) and (b) expire on January 1,

12  2003, after which no person may be exempt under such

13  conditions unless the person works in a program that

14  administers and maintains a competency-based training program

15  for employees providing social work services, or if the agency

16  maintains external accreditation by an appropriate

17  standard-setting body as defined by the department. The

18  department shall approve competency-based training programs

19  developed by agencies delivering services in the exempt

20  settings identified in paragraphs (a) and (b) or by

21  organizations representing these agencies if such

22  competency-based programs meet criteria established by the

23  department.

24         (5)  No provision of this part may be construed to

25  limit the activities of an employee of a governmental or

26  nongovernmental agency or organization whose job

27  responsibilities do not include methods of a psychological

28  nature used to evaluate, assess, diagnose, treat, or prevent

29  emotional or mental disorders or dysfunctions (whether

30  cognitive, affective, or behavioral), sexual dysfunction,

31  behavioral disorders, alcoholism, and substance abuse, so long

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  1  as such employee does not hold himself or herself out as

  2  performing social work or being a social worker.

  3         (6)  No provision of this part may be construed to

  4  limit the practice of any individual who solely engages in

  5  behavior analysis so long as he or she does not hold himself

  6  or herself out to the public as possessing a license issued

  7  under this part or use a title protected by this part.

  8         (7)  Nothing in subsections (2)-(5) exempts any person

  9  from the provisions of s. 468.865(1)(a)-(b).

10         (8)  Any person who is not licensed under any provision

11  of this part by January 1, 1999, and who desires to become so

12  licensed shall register with the department that person's

13  intent to become fully licensed no later than January 1, 2000.

14  The costs to the department of such registration shall be

15  borne by the registrant. The department may require affidavits

16  and supporting documentation sufficient to demonstrate that

17  the registrant is preparing for examination by January 1,

18  1999, under this part. The department may adopt rules as

19  provided in chapter 120 to register any person desiring to

20  become licensed under this part. Upon receipt of the

21  department's notice of registration, the registrant may

22  practice services as defined in s. 468.852(7) and (8),

23  provided the registrant uses "trainee" or "intern" with any

24  title or description of the registrant's work and on any

25  business correspondence and work product, including, but not

26  limited to, a business card, letterhead, sign, billing, or

27  report, unless exempt under this part.

28         (9)  Any person who meets the requirements of s.

29  468.855(1)(a)1.-2. or s. 468.855(2)(a)1.-2. and has not less

30  than 2 years of social work experience related to the

31  licensing area which took place subsequent to completion of a

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  1  bachelor's or graduate degree in social work at an institution

  2  meeting the accreditation requirements of s. 468.855(1) or

  3  (2), as applicable, shall be allowed to apply for the

  4  appropriate license and receive a license if he or she has met

  5  all other qualifications except the 2 years of experience

  6  under a qualified professional. This subsection and the

  7  ability to become licensed under this subsection shall expire

  8  January 1, 2004.

  9         (10)  Except as stipulated by the department, the

10  exemptions contained in this section do not apply to any

11  person licensed under this part whose license has been

12  suspended or revoked by the department or another

13  jurisdiction.

14         (11)  Nothing in this section shall be construed to

15  exempt a person from meeting the minimum standards of

16  performance in professional activities when measured against

17  generally prevailing peer performance, including the

18  undertaking of activities for which the person is not

19  qualified by training or experience.

20         468.867  Confidential communications.--Any

21  communication between any person licensed under this part and

22  his or her client shall be confidential. This secrecy may be

23  waived under the following conditions:

24         (1)  When the person licensed under this part is a

25  party defendant to a civil, criminal, or disciplinary action

26  arising from a complaint filed by the client, in which case

27  the waiver shall be limited to that action.

28         (2)  When the client agrees to the waiver, in writing,

29  or, when more than one person in a family is receiving

30  nonclinical social work services, when each family member

31  agrees to the waiver, in writing.

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  1         (3)  When there is a clear and immediate probability of

  2  physical harm to the client, to other individuals, or to

  3  society and the person licensed under this part communicates

  4  the information only to the potential victim, appropriate

  5  family member, or law enforcement or other appropriate

  6  authorities.

  7         468.868  Records.--Each person licensed under this part

  8  who provides services as defined in this part must maintain

  9  records. The department may adopt rules defining the minimum

10  requirements for records and reports, including content,

11  length of time records must be maintained, and transfer of

12  either the records or a report of such records to a subsequent

13  licensee or other individual with written consent of the

14  client or clients.

15         468.869  Display of license; use of professional title

16  on promotional materials.--

17         (1)  Each person licensed under this part must

18  conspicuously display the valid license issued by the

19  department or a true copy thereof at each location at which

20  the licensee practices his or her profession.

21         (2)  Each person licensed under this part must include

22  the words "Licensed Graduate Social Worker" or the letters

23  "LGSW," or "Licensed Bachelor Social Worker" or the letters

24  "LBSW," as applicable, on all promotional materials, including

25  cards, brochures, stationery, advertisements, and signs,

26  naming the licensee.

27         Section 2.  Paragraph (a) of subsection (1) of section

28  491.0149, Florida Statutes, is amended to read:

29         491.0149  Display of license; use of professional title

30  on promotional materials.--

31

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  1         (1)(a)  A person licensed under this chapter as a

  2  clinical social worker, marriage and family therapist, or

  3  mental health counselor, or certified as a master social

  4  worker shall conspicuously display the valid license issued by

  5  the department or a true copy thereof at each location at

  6  which the licensee practices his or her profession.

  7         Section 3.  Sections 491.0145 and 491.015, Florida

  8  Statutes, are repealed.

  9         Section 4.  Any person who, on the effective date of

10  this act, holds an active, valid certificate to practice

11  master social work under s. 491.0145, Florida Statutes, as it

12  existed immediately prior to the effective date of this act,

13  may continue to practice under such certificate until the

14  certificate expires or until January 1, 1999, whichever occurs

15  sooner, after which the provisions of part XV of chapter 468,

16  Florida Statutes, as created by this act, shall control.

17         Section 5.  This act shall take effect July 1, 1998.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 402

21

22  The committee substitute creates part XV, chapter 468, Florida
    Statutes, for the initial regulation of nonclinical social
23  work by the Department of Health with advice from the
    seven-member Advisory Council on Nonclinical Social Work
24  Practice. The committee substitute provides definitions of
    practice, licensure requirements, prohibitions, and violations
25  for the regulation of licensed bachelor social work and
    licensed graduate social work. The committee substitute
26  substantially revises exemptions to the licensing requirements
    for nonclinical social work. The committee substitute exempts
27  the experience requirement for nonclinical social work
    licensure for any applicant who meets the educational
28  requirements and who applies before January 1, 2004.

29

30

31

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