HB 0707 2004
1	A bill to be entitled
2	An act relating to regulation of faith-based counseling;
3	providing definitions; requiring registration of faith-
4	based counselors; specifying nonapplication of certain
5	licensing provisions to certain faith-based counselors
6	under certain circumstances; providing registration
7	procedures and requirements; providing for certification
8	by examination; providing procedures; providing for a fee;
9	providing for registration or certification by
10	endorsement; providing criteria and requirements;
11	providing for renewal of registrations or certificates;
12	providing for a fee; providing criteria and requirements;
13	providing for inactive status; providing requirements and
14	criteria for reactivation of certification; providing
15	fees; providing continuing education requirements;
16	providing procedures and criteria; providing for certain
17	status as a provider; providing for a fee; authorizing the
18	Department of Health to adopt rules; providing for
19	disciplinary actions for certain activities; providing for
20	confidentiality of certain information; providing
21	exceptions; requiring keeping and maintaining certain
22	records; providing requirements for display of
23	certificates and use of professional titles on certain
24	materials; requiring a report to the department; providing
25	an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. (1) DEFINITIONS.--For purposes of this
30	section:
31	(a) "Department" means the Department of Health.
32	(b) "Faith-based counseling" means ministry to
33	individuals, families, couples, groups, organizations, and the
34	general public involving the application of principles and
35	procedures of counseling to assess and treat intrapersonal and
36	interpersonal problems and other dysfunctional behavior of a
37	social and spiritual nature and to assist in the overall
38	development and healing process of those served.
39	(c) "Faith-based counselor" means a person who provides
40	faith-based counseling.
41	(d) "Qualified association" means an association that is
42	certified by a statewide faith-based counseling organization in
43	this state which was in existence on January 1, 2004, and which
44	publishes, and requires compliance with, its standards and files
45	copies of such standards with the department as provided in
46	subparagraph (2)(b)1.
47	(2) REGISTRATION.--
48	(a) A faith-based counselor may not practice, and a person
49	may not commence his or her faith-based counselor professional
50	practicum, internship, or field experience, in this state unless
51	he or she has first registered with and been certified by a
52	qualified association as provided in this section.
53	(b) The licensing provisions of chapter 491, Florida
54	Statutes, do not apply to a faith-based counselor who:
55	1. Is certified by a statewide faith-based counseling
56	organization in this state which was in existence on January 1,
57	2004, and which publishes and requires compliance with the
58	organization's standards and files copies of such standards with
59	the department. Such standards shall be in substantial compliance
60	with chapter 491, Florida Statutes, and the rules and minimum
61	standards adopted under that chapter, with the exception of those
62	standards of a curricular or religious nature. After the
63	department has determined that the standards for faith-based
64	counselors are in substantial compliance with minimum standards
65	that professionals licensed under chapter 491, Florida Statutes,
66	are required to meet, the standards need not be resubmitted to
67	the department unless a change in the standards occurs. If the
68	organization adopts any changes to the standards, the
69	organization shall provide such changes to the department within
70	10 days after their adoption.
71	2. Has been issued a certificate of registration by the
72	qualified association.
73	(c) The qualified association shall register as a faith-
74	based counselor intern an applicant who the qualified
75	association verifies has:
76	1. Completed the application form and remitted a
77	nonrefundable application fee as set by the qualified
78	association, such fee not to exceed $200.
79	2. Completed the minimum education requirements of
80	obtaining a master's degree in faith-based counseling or a
81	related field from an accredited college or a faith-based
82	college and submitted an acceptable supervision plan, working
83	under a registered or certificated faith-based counselor for
84	meeting any practicum, internship, or field work required for
85	registration or certification that may not have been satisfied
86	in his or her graduate program.
87	3. Identified a qualified faith-based counselor to
88	supervise his or her practicum, internship, or field experience.
89	(d) Upon verification that all requirements for
90	registration have been met, the qualified association shall
91	issue to an applicant, without charge, a certificate of
92	registration valid for 1 year. An applicant for certification
93	must remain under supervision until he or she receives his or
94	her certificate of registration from the qualified association.
95	(e) Faith-based counselors who have met the minimum
96	education requirements and commenced the minimum experience
97	requirements as set out in the qualified association's published
98	standards shall register with the qualified association before
99	July 1, 2004. Faith-based counselors who fail to comply with
100	this paragraph shall not be granted a certificate of
101	registration, and any time spent by the person completing the
102	experience requirement prior to registration as an intern shall
103	not count toward completion of such requirement.
104	(3) CERTIFICATION BY EXAMINATION.--
105	(a) Upon verification of documentation and payment of a
106	nonrefundable application fee as set by the qualified
107	association, such fee not to exceed $200, plus the actual per-
108	applicant cost to the qualified association or its registration
109	agent for purchase of the examination from the state, a
110	professional licensure agency, or a similar national
111	professional organization, the qualified association shall issue
112	a certificate of registration as a clinical faith-based
113	counselor to an applicant who the qualified association
114	certifies has:
115	1. Completed the application form and remitted a
116	nonrefundable application fee as set by the qualified
117	association, such fee not to exceed $200.
118	2. Received the minimum of a master's degree in faith-
119	based counseling, or a closely related field, from a regionally
120	accredited college or has received the minimum of a master's
121	degree in faith-based counseling from a faith-based theological
122	seminary which the qualified association has determined was, at
123	the time the applicant graduated, a program equivalent to
124	programs approved by the Council on Faith-Based Counseling
125	Education. An applicant who graduated from a university or
126	college program outside the United States or Canada must present
127	documentation of the equivalency determination from the council
128	in order to qualify to sit for the examination. The master's
129	level graduate program must have included direct clinical
130	pastoral or faith-based patient or client counseling services
131	and the coursework, casework, and experience as required by the
132	qualified association's published standards.
133	3. Passed a theory and practice examination provided by
134	the qualified association for this purpose.
135	4. Demonstrated, in a manner designated by the qualified
136	association's published standards, knowledge of the laws and
137	rules governing the practice of clinical faith-based counseling
138	work.
139	5. Completed a minimum of 3 semester hours or 4 quarter
140	hours of graduate-level coursework as required by the qualified
141	association's published standards.
142	6. Completed the equivalent, as determined by the
143	qualified association, of at least 1,000 hours of university-
144	sponsored or seminary-supervised clinical practicum, internship,
145	or field experience as required by the standards of the council.
146	This experience may not be used to satisfy the postmaster's
147	clinical experience requirement.
148	(4) CERTIFICATION BY ENDORSEMENT.--The qualified
149	association shall issue a certificate of registration to a
150	person in a profession to which this section applies who, upon
151	applying to the qualified association and remitting the
152	appropriate fee, demonstrates to the qualified association that
153	he or she:
154	(a) Has knowledge of the laws and rules governing the
155	practice of clinical faith-based counseling.
156	(b) Holds an active valid license to practice and has
157	actively practiced the profession for which licensure is applied
158	in another state for 3 of the last 5 years immediately preceding
159	his or her application for registration with the qualified
160	association.
161	(c) Meets the educational requirements of this section for
162	the profession for which registration is applied.
163	(d) Has passed a substantially equivalent examination in
164	another state or has passed the registration examination in this
165	state in the profession for which the applicant seeks
166	certification.
167	(e) Holds a certificate in good standing, is not under
168	investigation for an act that would constitute a violation of
169	this section, and has not been found to have committed any act
170	that would constitute a violation of this section.
171	(5) RENEWAL OF REGISTRATION OR CERTIFICATION.--
172	(a) The qualified association shall prescribe by rule a
173	method for the biennial renewal of registration or certification
174	at a fee set by rule, not to exceed $250.
175	(b) Each applicant for renewal shall present satisfactory
176	evidence that, in the period since the registration or
177	certificate was issued, the applicant has completed continuing
178	education requirements set by rule of the qualified association.
179	Not more than 25 classroom hours of continuing education per
180	year shall be required.
181	(c) The qualified association shall prescribe by rule a
182	method for the biennial renewal of an intern registration at a
183	fee set by rule, not to exceed $100.
184	(6) INACTIVE STATUS; REACTIVATION OF CERTIFICATION;
185	FEES.--
186	(a) Upon application to the qualified association and
187	payment of a $50 fee, a registered faith-based counselor may be
188	placed on inactive status.
189	1. An inactive certificate may be renewed biennially for
190	$50.
191	2. An inactive certificate may be reactivated by submitting
192	an application to the qualified association, completing the
193	continuing education requirements, complying with any background
194	investigation required, complying with other requirements
195	prescribed by the qualified association, and paying a $50
196	reactivation fee plus the current biennial renewal fee at the
197	time of reactivation.
198	(b) The qualified association may adopt rules relating to
199	inactive certificates and the reactivation of certificates.
200	(7) CONTINUING EDUCATION AND LAWS AND RULES COURSES;
201	APPROVAL OF PROVIDERS, PROGRAMS, AND COURSES; PROOF OF
202	COMPLETION.--
203	(a) Faith-based continuing education providers, programs,
204	and courses and laws and rules courses and their providers and
205	programs shall be approved by the qualified association.
206	(b) The qualified association may set a fee, not to exceed
207	$200, for each applicant that applies for or renews provider
208	status.
209	(c) Proof of completion of the required number of hours of
210	continuing education and completion of the laws and rules course
211	shall be submitted to the qualified association in the manner and
212	time specified by rule and on forms provided by the qualified
213	association.
214	(d) The department or the qualified association shall adopt
215	rules and guidelines to administer and enforce the provisions of
216	this subsection.
217	(8) DISCIPLINE.--
218	(a) The following acts constitute grounds for denial of
219	certification or disciplinary action, as specified in s.
220	456.072(2), Florida Statutes:
221	1. Attempting to obtain, obtaining, or renewing a
222	registration or certification under this section by bribery or
223	fraudulent misrepresentation or through an error of the qualified
224	association or the department.
225	2. Having a registration or certification to practice a
226	comparable profession revoked, suspended, or otherwise acted
227	against, including the denial of certification or licensure by
228	another state, territory, or country.
229	3. Being convicted or found guilty of, regardless of
230	adjudication, or having entered a plea of nolo contendere to, a
231	crime in any jurisdiction which directly relates to the practice
232	of his or her profession or the ability to practice his or her
233	profession. However, in the case of a plea of nolo contendere,
234	the qualified association shall allow the person who is the
235	subject of the disciplinary proceeding to present evidence in
236	mitigation relevant to the underlying charges and circumstances
237	surrounding the plea.
238	4. False, deceptive, or misleading advertising or obtaining
239	a fee or other thing of value on the representation that
240	beneficial results from any treatment will be guaranteed.
241	5. Advertising, practicing, or attempting to practice under
242	a name other than one's own.
243	6. Maintaining a professional association with any person
244	who the applicant, registered intern, or certificateholder knows,
245	or has reason to believe, is in violation of this section or a
246	rule of the department.
247	7. Knowingly aiding, assisting, procuring, or advising any
248	unregistered or uncertified person to hold himself or herself out
249	as registered or certified under this section.
250	8. Failing to perform any statutory or legal obligation
251	placed upon a person registered or certified under this section.
252	9. Willfully making or filing a false report or record,
253	failing to file a report or record required by state or federal
254	law, willfully impeding or obstructing the filing of a report or
255	record, or inducing another person to make or file a false report
256	or record or to impede or obstruct the filing of a report or
257	record. Such report or record means only a report or record which
258	requires the signature of a person registered or certified under
259	this section.
260	10. Paying a kickback, rebate, bonus, or other remuneration
261	for receiving a patient or client, or receiving a kickback,
262	rebate, bonus, or other remuneration for referring a patient or
263	client to another provider of mental health care services or to a
264	provider of health care services or goods; referring a patient or
265	client to oneself for services on a fee-paid basis when those
266	services are already being paid for by some other public or
267	private entity; or entering into a reciprocal referral agreement.
268	11. Committing any act upon a patient or client which would
269	constitute sexual battery or which would constitute sexual
270	misconduct, as defined in s. 491.0111, Florida Statutes.
271	12. Making misleading, deceptive, untrue, or fraudulent
272	representations in the practice of any profession registered or
273	certified under this section.
274	13. Soliciting patients or clients personally, or through
275	an agent, through the use of fraud, intimidation, undue
276	influence, or a form of overreaching or vexatious conduct.
277	14. Failing to make available to a patient or client, upon
278	written request, copies of tests, reports, or documents in the
279	possession or under the control of the registered intern or
280	certificateholder which have been prepared for and paid for by
281	the patient or client.
282	15. Failing to respond within 30 days to a written
283	communication from the department or the qualified association
284	concerning any investigation by the department or the qualified
285	association or failing to make available any relevant records
286	with respect to any investigation about the registered intern's
287	or certificateholder's conduct or background.
288	16. Being unable to practice the profession for which he or
289	she is registered or certified under this section with reasonable
290	skill or competence as a result of any mental or physical
291	condition or by reason of illness, drunkenness, or excessive use
292	of drugs, narcotics, chemicals, or any other substance. In
293	enforcing this subparagraph, upon a finding by the qualified
294	association that probable cause exists to believe that the
295	registered intern or certificateholder is unable to practice the
296	profession because of the reasons stated in this subparagraph,
297	the qualified association shall have the authority to compel a
298	registered intern or certificateholder to submit to a mental or
299	physical examination by faith-based counselors, psychologists,
300	physicians, or licensees under chapter 491, Florida Statutes,
301	designated by the qualified association. If the registered intern
302	or certificateholder refuses to comply with such order, the
303	qualified association may suspend or revoke the person's
304	registration or certification. A registered intern or
305	certificateholder affected under this paragraph shall at
306	reasonable intervals be afforded an opportunity to demonstrate
307	that he or she can resume the competent practice for which he or
308	she is registered or certified with reasonable skill and safety
309	to patients.
310	17. Performing any treatment or prescribing any therapy
311	which, by the prevailing standards of faith-based counselors in
312	the community, would constitute experimentation on human
313	subjects, without first obtaining full, informed, and written
314	consent.
315	18. Failing to meet the minimum standards of performance in
316	professional activities when measured against generally
317	prevailing peer performance, including the undertaking of
318	activities for which the registered intern or certificateholder
319	is not qualified by training or experience.
320	19. Delegating professional responsibilities to a person
321	who the registered intern or certificateholder knows or has
322	reason to know is not qualified by training or experience to
323	perform such responsibilities.
324	20. Violating a rule relating to the regulation of the
325	profession or a lawful order of the qualified association
326	previously entered in a disciplinary hearing.
327	21. Failure of the registered intern or certificateholder
328	to maintain in confidence a communication made by a patient or
329	client in the context of such services, except as provided in s.
330	491.0147, Florida Statutes.
331	22. Making public statements which are derived from test
332	data, client contacts, or behavioral research and which identify
333	or damage research subjects or clients.
334	(b) The qualified association shall notify the department
335	within 10 days after the suspension or revocation of the
336	registration or certification of any faith-based counselor
337	registered or certified under this subsection.
338	(c)1. The qualified association shall notify the department
339	when the qualified association finds there is a violation of any
340	of the provisions of this subsection which threatens harm to any
341	patient or client.
342	2. The qualified association shall notify the department
343	when the qualified association finds, within 30 days after
344	written notification by registered mail of the requirement for
345	registration, that a person continues to offer faith-based
346	counseling services without a certificate of registration. The
347	department shall enforce the provisions of this subsection
348	pursuant to chapter 491, Florida Statutes.
349	(9) EXEMPTIONS.--No provision of this section shall be
350	construed to limit the performance of activities of a rabbi,
351	priest, minister, or member of the clergy of any religious
352	denomination or sect or use of the term "Christian counselor" or
353	"Christian clinical counselor" when the activities of such person
354	are within the scope of the performance of his or her regular or
355	specialized ministerial duties and no compensation is received by
356	him or her or when such activities are performed, with or without
357	compensation, by a person for or under the auspices or
358	sponsorship, individually or in conjunction with others, of an
359	established and legally cognizable church, denomination, or sect
360	and when the person rendering service remains accountable to the
361	established authority thereof.
362	(10) CONFIDENTIALITY AND PRIVILEGED COMMUNICATIONS.--Any
363	communication between any person registered or certified under
364	this section and his or her patient or client shall be
365	confidential. This secrecy may be waived under the following
366	conditions:
367	(a) When the person certified under this chapter is a party
368	defendant to a civil, criminal, or disciplinary action arising
369	from a complaint filed by the patient or client, in which case
370	the waiver shall be limited to that action.
371	(b) When the patient or client agrees to the waiver, in
372	writing, or when more than one person in a family is receiving
373	therapy and each family member agrees to the waiver, in writing.
374	(c) When there is a clear and immediate probability of
375	physical harm to the patient or client, to other individuals, or
376	to society and the person registered or certified under this
377	section communicates the information only to the potential
378	victim, appropriate family member, or law enforcement or other
379	appropriate authorities.
380	(11) RECORDS.--
381	(a) Each faith-based counselor who provides services as
382	defined in this section shall give notice to all clients and
383	patients on all intake documents and counseling agreements that
384	he or she is not licensed by this state but is registered or
385	certified by the qualified association pursuant to this section.
386	All intake documents and counseling agreements shall contain the
387	address and telephone number of the qualified association.
388	(b) Each faith-based counselor who provides services as
389	defined in this section shall maintain records. The qualified
390	association may adopt rules defining the minimum requirements for
391	records and reports, including content, length of time records
392	shall be maintained, and transfer of either the records or a
393	report of such records to a subsequent treating practitioner or
394	other individual, with written consent of the client or clients.
395	(12) DISPLAY OF REGISTRATION OR CERTIFICATE; USE OF
396	PROFESSIONAL TITLE ON PROMOTIONAL MATERIALS.--
397	(a) A person registered or certified under this section as
398	a faith-based counselor shall conspicuously display the valid
399	registration certificate issued by qualified association or a
400	true copy thereof at each location at which the certificateholder
401	practices his or her profession.
402	(b) A certified faith-based counselor shall include the
403	words "certified faith-based counselor" on all promotional
404	materials, including cards, brochures, stationery,
405	advertisements, and signs, naming the certificateholder.
406	(13) FEES NONREFUNDABLE.--The fees paid by any applicant
407	for certification as a registered faith-based counselor under
408	this section are nonrefundable.
409	(14) REPORT.--The qualified association issuing
410	certificates of registration under this section shall annually
411	report to the department the number of faith-based counselors and
412	interns registered during the most recent calendar year and the
413	names and addresses of the counselors and interns.
414	Section 2. This act shall take effect upon becoming a law.