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.
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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
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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.--
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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.
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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:
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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
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