House Bill 1077c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 1077
By the Committee on Health Care Licensing & Regulation and
Representatives Kelly and Wise
1 A bill to be entitled
2 An act relating to mental health professionals;
3 amending s. 490.014, F.S.; clarifying and
4 revising requirements for the performance of
5 psychological services by certain employees;
6 amending s. 491.014, F.S.; clarifying and
7 revising requirements for the performance of
8 psychotherapeutic services by certain
9 employees; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraphs (a) and (b) of subsection (2) of
14 section 490.014, Florida Statutes, are amended to read:
15 490.014 Exemptions.--
16 (2) No person shall be required to be licensed or
17 provisionally licensed under this chapter who:
18 (a) Is a salaried employee of a government agency;
19 developmental services program, mental health, alcohol, or
20 drug abuse facility operating pursuant to chapter 393, chapter
21 394, or chapter 397; subsidized child care program, subsidized
22 child care case management program, or child care resource and
23 referral program operating pursuant to chapter 402;
24 child-placing or child-caring agency licensed pursuant to
25 chapter 409; domestic violence center certified pursuant to
26 chapter 39; accredited academic institution; or research
27 institution, if such employee is performing duties for which
28 he or she was trained and hired solely within the confines of
29 such agency, facility, or institution. Any employee who
30 provides expert testimony must disclose to the court and all
31 parties that he or she is not licensed under this chapter.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 1077
601-177-00
1 However, nothing in this paragraph authorizes an employee of a
2 government agency; an employee of a developmental services
3 program, mental health, alcohol, or drug abuse facility
4 operating pursuant to chapter 393, chapter 394, or chapter
5 397; an employee of a subsidized child care program,
6 subsidized child care case management program, or child care
7 resource and referral program operating pursuant to chapter
8 402; an employee of a child-placing or child-caring agency
9 licensed pursuant to chapter 409; or an employee of a domestic
10 violence center certified pursuant to chapter 39, after
11 January 1, 2002, to render a diagnosis or practice psychology
12 as defined in this chapter without a license issued pursuant
13 to this chapter, or to refer to himself or herself with the
14 title of "psychologist" or any permutation thereof, with the
15 exception of the title "school psychologist" as governed under
16 this chapter.
17 (b) Is a salaried employee of a private, nonprofit
18 organization providing counseling services to children, youth,
19 and families, if such services are provided for no charge, if
20 such employee is performing duties for which he or she was
21 trained and hired. Any employee who provides expert testimony
22 must disclose to the court and all parties that he or she is
23 not licensed under this chapter. However, nothing in this
24 paragraph authorizes an employee after January 1, 2002, to
25 render a diagnosis or practice psychology as defined in this
26 chapter without a license issued pursuant to this chapter, or
27 to refer to himself or herself with the title of
28 "psychologist" or any permutation thereof, with the exception
29 of the title "school psychologist" as governed under this
30 chapter.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 1077
601-177-00
1 Section 2. Paragraphs (a) and (b) of subsection (4) of
2 section 491.014, Florida Statutes, are amended to read:
3 491.014 Exemptions.--
4 (4) No person shall be required to be licensed,
5 provisionally licensed, registered, or certified under this
6 chapter who:
7 (a) Is a salaried employee of a government agency;
8 developmental services program, mental health, alcohol, or
9 drug abuse facility operating pursuant to chapter 393, chapter
10 394, or chapter 397; subsidized child care program, subsidized
11 child care case management program, or child care resource and
12 referral program operating pursuant to chapter 402;
13 child-placing or child-caring agency licensed pursuant to
14 chapter 409; domestic violence center certified pursuant to
15 chapter 39; accredited academic institution; or research
16 institution, if such employee is performing duties for which
17 he or she was trained and hired solely within the confines of
18 such agency, facility, or institution. Any employee who
19 provides expert testimony must disclose to the court and all
20 parties that he or she is not licensed under this chapter.
21 However, nothing in this paragraph authorizes an employee of a
22 government agency; an employee of a developmental services
23 program, mental health, alcohol, or drug abuse facility
24 operating pursuant to chapter 393, chapter 394, or chapter
25 397; an employee of a subsidized child care program,
26 subsidized child care case management program, or child care
27 resource and referral program operating pursuant to chapter
28 402; an employee of a child-placing or child-caring agency
29 licensed pursuant to chapter 409; or an employee of a domestic
30 violence center certified pursuant to chapter 39, after
31 January 1, 2002, to render a psychotherapeutic diagnosis or
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 1077
601-177-00
1 practice clinical social work, marriage and family therapy, or
2 mental health counseling as defined in this chapter without a
3 license issued pursuant to this chapter, or to refer to
4 himself or herself with the title of "clinical social worker,"
5 "marriage and family therapist," or "mental health counselor."
6 (b) Is a salaried employee of a private, nonprofit
7 organization providing counseling services to children, youth,
8 and families, if such services are provided for no charge, if
9 such employee is performing duties for which he or she was
10 trained and hired. Any employee who provides expert testimony
11 must disclose to the court and all parties that he or she is
12 not licensed under this chapter. However, nothing in this
13 paragraph authorizes an employee after January 1, 2002, to
14 render a psychotherapeutic diagnosis or practice clinical
15 social work, marriage and family therapy, or mental health
16 counseling as defined in this chapter without a license issued
17 pursuant to this chapter, or to refer to himself or herself
18 with the title of "clinical social worker," "marriage and
19 family therapist," or "mental health counselor."
20 Section 3. This act shall take effect July 1, 2000.
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