HB 1431

1
A bill to be entitled
2An act relating to regulation of faith-based counseling;
3providing definitions; requiring registration of faith-
4based counselors; specifying nonapplication of certain
5licensing provisions to certain faith-based counselors
6under certain circumstances; providing registration
7procedures and requirements; providing for certification
8by examination; providing procedures; providing for a fee;
9providing for certification of registration by
10endorsement; providing criteria and requirements;
11providing for renewal of registrations or certificates;
12providing for a fee; providing criteria and requirements;
13providing for inactive status; providing requirements and
14criteria for reactivation of certification; providing
15fees; authorizing qualified associations to adopt rules;
16providing continuing education requirements; providing
17procedures and criteria; providing for certain status as a
18provider; providing for a fee; authorizing the Department
19of Health or the qualified association to adopt rules;
20providing for disciplinary actions for certain activities;
21providing exemptions; providing for confidentiality of
22certain information; providing exceptions; requiring the
23keeping and maintaining of certain records; providing
24requirements for display of certificates and use of
25professional titles on certain materials; specifying
26certain fees as nonrefundable; requiring a report to the
27department; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  (1)  DEFINITIONS.--As used in this section, the
32term:
33     (a)  "Department" means the Department of Health.
34     (b)  "Faith-based counseling" means ministry to
35individuals, families, couples, groups, organizations, and the
36general public involving the application of principles and
37procedures of counseling to assess and treat intrapersonal and
38interpersonal problems and other dysfunctional behavior of a
39social and spiritual nature and to assist in the overall
40development and healing process of those served.
41     (c)  "Faith-based counselor" means a person who provides
42faith-based counseling.
43     (d)  "Qualified association" means an organization that
44uses a certification process that is endorsed by a statewide
45faith-based counseling organization in this state which was in
46existence on January 1, 2005, and which publishes, and requires
47compliance with, its standards and files copies of such
48standards with the department as provided in subparagraph
49(2)(b)1.
50     (2)  REGISTRATION.--
51     (a)  A faith-based counselor may not practice, and a person
52may not commence his or her faith-based counselor professional
53practicum, internship, or field experience, in this state unless
54he or she has first registered with and been certified by a
55qualified association as provided in this section.
56     (b)  The licensing provisions of chapter 491, Florida
57Statutes, do not apply to a faith-based counselor who:
58     1.  Is certified by a statewide faith-based counseling
59organization in this state which was in existence on January 1,
602005, and which publishes and requires compliance with the
61organization's standards and files copies of such standards with
62the department. Such standards shall be in substantial
63compliance with chapter 491, Florida Statutes, and the rules and
64minimum standards adopted under that chapter, with the exception
65of those standards of a curricular or religious nature. After
66the department has determined that the standards for faith-based
67counselors are in substantial compliance with minimum standards
68that professionals licensed under chapter 491, Florida Statutes,
69are required to meet, the standards need not be resubmitted to
70the department unless a change in the standards occurs. If the
71organization adopts any changes to the standards, the
72organization shall provide such changes to the department within
7310 days after their adoption.
74     2.  Has been issued a certificate of registration by the
75qualified association.
76     (c)  The qualified association shall register as a faith-
77based counselor intern an applicant who the qualified
78association verifies has:
79     1.  Completed the application form and remitted a
80nonrefundable application fee as set by the qualified
81association, not to exceed $200.
82     2.  Completed the minimum education requirements of
83obtaining a master's degree in faith-based counseling or a
84related field from an accredited college or a faith-based
85college and submitted an acceptable supervision plan, working
86under a registered or certificated faith-based counselor, for
87meeting any practicum, internship, or field experience
88requirements for registration or certification that may not have
89been satisfied in his or her graduate program.
90     3.  Identified a qualified faith-based counselor to
91supervise his or her practicum, internship, or field experience.
92     (d)  Upon verification that all requirements for
93registration have been met, the qualified association shall
94issue to an applicant, without charge, a certificate of
95registration valid for 1 year. An applicant for certification
96must remain under supervision until he or she receives his or
97her certificate of registration from the qualified association.
98     (e)  Faith-based counselors who have met the minimum
99education requirements and commenced the minimum experience
100requirements as set out in the qualified association's published
101standards shall register with the qualified association before
102July 1, 2005. Faith-based counselors who fail to comply with
103this paragraph may not be granted a certificate of registration,
104and any time spent by the person completing the experience
105requirement prior to registration as an intern does not count
106toward completion of such requirement.
107     (3)  CERTIFICATION BY EXAMINATION.--Upon verification of
108documentation and payment of a nonrefundable application fee as
109set by the qualified association, such fee not to exceed $200,
110plus the actual per-applicant cost to the qualified association
111or its registration agent for purchase of the examination from
112the state, a professional licensure agency, or a similar
113national professional organization, the qualified association
114shall issue a certificate of registration as a clinical faith-
115based counselor to an applicant who the qualified association
116certifies has:
117     (a)  Completed the application form and remitted a
118nonrefundable application fee as set by the qualified
119association, not to exceed $200.
120     (b)  Received the minimum of a master's degree in faith-
121based counseling, or a closely related field, from a regionally
122accredited college or has received the minimum of a master's
123degree in faith-based counseling from a faith-based theological
124seminary which the qualified association has determined was, at
125the time the applicant graduated, a program equivalent to
126programs approved by the Council on Faith-Based Counseling
127Education. An applicant who graduated from a university or
128college program outside the United States or Canada must present
129documentation of the equivalency determination from the council
130in order to qualify to sit for the examination. The master's-
131level graduate program must have included direct clinical
132pastoral or faith-based patient or client counseling services
133and the coursework, casework, and experience as required by the
134qualified association's published standards.
135     (c)  Passed a theory and practice examination provided by
136the qualified association for this purpose.
137     (d)  Demonstrated, in a manner designated by the qualified
138association's published standards, knowledge of the laws and
139rules governing the practice of clinical faith-based counseling.
140     (e)  Completed a minimum of 3 semester hours or 4 quarter
141hours of graduate-level coursework as required by the qualified
142association's published standards.
143     (f)  Completed the equivalent, as determined by the
144qualified association, of at least 1,000 hours of university-
145sponsored or seminary-supervised clinical practicum, internship,
146or field experience as required by the standards of the council.
147This experience may not be used to satisfy the postmaster's
148clinical experience requirement.
149     (4)  CERTIFICATION BY ENDORSEMENT.--The qualified
150association shall issue a certificate of registration to a
151person in a profession to which this section applies who, upon
152applying to the qualified association and remitting the
153appropriate fee, demonstrates to the qualified association that
154he or she:
155     (a)  Has knowledge of the laws and rules governing the
156practice of clinical faith-based counseling.
157     (b)  Holds an active, valid license to practice and has
158actively practiced the profession for which licensure is applied
159in another state for 3 of the last 5 years immediately preceding
160his or her application for registration with the qualified
161association.
162     (c)  Meets the educational requirements of this section for
163the profession for which registration is applied.
164     (d)  Has passed a substantially equivalent examination in
165another state or has passed the registration examination in this
166state in the profession for which the applicant seeks
167certification.
168     (e)  Holds a certificate in good standing, is not under
169investigation for an act that would constitute a violation of
170this section, and has not been found to have committed any act
171that would constitute a violation of this section.
172     (5)  RENEWAL OF REGISTRATION OR CERTIFICATION.--
173     (a)  The qualified association shall prescribe by rule a
174method for the biennial renewal of registration or certification
175at a fee set by rule, not to exceed $250.
176     (b)  Each applicant for renewal shall present satisfactory
177evidence that, in the period since the registration or
178certificate was issued, the applicant has completed continuing
179education requirements set by rule of the qualified association.
180Not more than 25 classroom hours of continuing education per
181year shall be required.
182     (c)  The qualified association shall prescribe by rule a
183method for the biennial renewal of an intern registration at a
184fee set by rule, not to exceed $100.
185     (6)  INACTIVE STATUS; REACTIVATION OF CERTIFICATION;
186FEES.--
187     (a)  Upon application to the qualified association and
188payment of a $50 fee, a registered faith-based counselor may be
189placed on inactive status.
190     1.  An inactive certificate may be renewed biennially for
191$50.
192     2.  An inactive certificate may be reactivated by
193submitting an application to the qualified association,
194completing the continuing education requirements, complying with
195any background investigation required, complying with other
196requirements prescribed by the qualified association, and paying
197a $50 reactivation fee plus the current biennial renewal fee at
198the time of reactivation.
199     (b)  The qualified association may adopt rules relating to
200inactive certificates and the reactivation of certificates.
201     (7)  CONTINUING EDUCATION AND LAWS AND RULES COURSES;
202APPROVAL OF PROVIDERS, PROGRAMS, AND COURSES; PROOF OF
203COMPLETION.--
204     (a)  Faith-based continuing education providers, programs,
205and courses and laws and rules courses and their providers and
206programs shall be approved by the qualified association.
207     (b)  The qualified association may set a fee, not to exceed
208$200, for each applicant who applies for or renews provider
209status.
210     (c)  Proof of completion of the required number of hours of
211continuing education and completion of the laws and rules course
212shall be submitted to the qualified association in the manner
213and time specified by rule and on forms provided by the
214qualified association.
215     (d)  The department or the qualified association shall
216adopt rules and guidelines to administer and enforce the
217provisions of this subsection.
218     (8)  DISCIPLINE.--
219     (a)  The following acts constitute grounds for denial of
220certification or disciplinary action, as specified in section
221456.072(2), Florida Statutes:
222     1.  Attempting to obtain, obtaining, or renewing a
223registration or certification under this section by bribery or
224fraudulent misrepresentation or through an error of the
225qualified association or the department.
226     2.  Having a registration or certification to practice a
227comparable profession revoked, suspended, or otherwise acted
228against, including the denial of certification or licensure by
229another state, territory, or country.
230     3.  Being convicted or found guilty of, regardless of
231adjudication, or having entered a plea of nolo contendere to, a
232crime in any jurisdiction which directly relates to the practice
233of one's profession or the ability to practice one's profession.
234However, in the case of a plea of nolo contendere, the qualified
235association shall allow the person who is the subject of the
236disciplinary proceeding to present evidence in mitigation
237relevant to the underlying charges and circumstances surrounding
238the plea.
239     4.  False, deceptive, or misleading advertising or
240obtaining a fee or other thing of value on the representation
241that beneficial results from any treatment will be guaranteed.
242     5.  Advertising, practicing, or attempting to practice
243under a name other than one's own name.
244     6.  Maintaining a professional association with any person
245who the applicant, registered intern, or certificateholder
246knows, or has reason to believe, is in violation of this section
247or a rule of the department.
248     7.  Knowingly aiding, assisting, procuring, or advising any
249unregistered or uncertified person to hold himself or herself
250out as registered or certified under this section.
251     8.  Failing to perform any statutory or legal obligation
252placed upon a person registered or certified under this section.
253     9.  Willfully making or filing a false report or record,
254failing to file a report or record required by state or federal
255law, willfully impeding or obstructing the filing of a report or
256record, or inducing another person to make or file a false
257report or record or to impede or obstruct the filing of a report
258or record. Such report or record means only a report or record
259that requires the signature of a person registered or certified
260under this section.
261     10.  Paying a kickback, rebate, bonus, or other
262remuneration for receiving a patient or client, or receiving a
263kickback, rebate, bonus, or other remuneration for referring a
264patient or client to another provider of mental health care
265services or to a provider of health care services or goods;
266referring a patient or client to oneself for services on a fee-
267paid basis when those services are already being paid for by
268some other public or private entity; or entering into a
269reciprocal referral agreement.
270     11.  Committing any act upon a patient or client which
271would constitute sexual battery or which would constitute sexual
272misconduct, as provided by s. 491.0111, Florida Statutes.
273     12.  Making misleading, deceptive, untrue, or fraudulent
274representations in the practice of any profession registered or
275certified under this section.
276     13.  Soliciting patients or clients personally, or through
277an agent, through the use of fraud, intimidation, undue
278influence, or a form of overreaching or vexatious conduct.
279     14.  Failing to make available to a patient or client, upon
280written request, copies of tests, reports, or documents in the
281possession or under the control of the registered intern or
282certificateholder which have been prepared for and paid for by
283the patient or client.
284     15.  Failing to respond within 30 days to a written
285communication from the department or the qualified association
286concerning any investigation by the department or the qualified
287association or failing to make available any relevant records
288with respect to any investigation concerning the registered
289intern's or certificateholder's conduct or background.
290     16.  Being unable to practice the profession for which he
291or she is registered or certified under this section with
292reasonable skill or competence as a result of any mental or
293physical condition or by reason of illness, drunkenness, or
294excessive use of drugs, narcotics, chemicals, or any other
295substance. In enforcing this subparagraph, upon a finding by the
296qualified association that probable cause exists to believe that
297the registered intern or certificateholder is unable to practice
298a profession because of the reasons stated in this subparagraph,
299the qualified association may compel the registered intern or
300certificateholder to submit to a mental or physical examination
301by faith-based counselors, psychologists, physicians, or
302licensees under chapter 491, Florida Statutes, designated by the
303qualified association. If the registered intern or
304certificateholder refuses to comply with such order, the
305qualified association may suspend or revoke the person's
306registration or certification. A registered intern or
307certificateholder affected under this subparagraph shall at
308reasonable intervals be afforded an opportunity to demonstrate
309that he or she can resume the competent practice for which he or
310she is registered or certified with reasonable skill and safety
311to patients.
312     17.  Performing any treatment or prescribing any therapy
313that, by the prevailing standards of faith-based counselors in
314the community, would constitute experimentation on human
315subjects, without first obtaining full, informed, and written
316consent.
317     18.  Failing to meet the minimum standards of performance
318in professional activities when measured against generally
319prevailing peer performance, including the undertaking of
320activities for which the registered intern or certificateholder
321is not qualified by training or experience.
322     19.  Delegating professional responsibilities to a person
323whom the registered intern or certificateholder knows or has
324reason to know is not qualified by training or experience to
325perform such responsibilities.
326     20.  Violating a rule relating to the regulation of the
327profession or a lawful order of the qualified association
328previously entered in a disciplinary hearing.
329     21.  Failing to maintain in confidence a communication made
330by a patient or client in the context of such services, except
331as provided in section 491.0147, Florida Statutes.
332     22.  Making public statements that are derived from test
333data, client contacts, or behavioral research and that identify
334or damage research subjects or clients.
335     (b)  The qualified association shall notify the department
336within 10 days after the suspension or revocation of the
337registration or certification of any faith-based counselor
338registered or certified under this subsection.
339     (c)1.  The qualified association shall notify the
340department when the qualified association finds there is a
341violation of any of the provisions of this subsection which
342threatens harm to any patient or client.
343     2.  The qualified association shall notify the department
344when the qualified association finds, within 30 days after
345written notification by registered mail of the requirement for
346registration, that a person continues to offer faith-based
347counseling services without a certificate of registration. The
348department shall enforce the provisions of this subsection
349pursuant to chapter 491, Florida Statutes.
350     (9)  EXEMPTIONS.--This section does not limit the
351performance of activities of a rabbi, priest, minister, or
352member of the clergy of any religious denomination or sect or
353use of the term "Christian counselor" or "Christian clinical
354counselor" when the activities of such person are within the
355scope of the performance of his or her regular or specialized
356ministerial duties and no compensation is received by him or her
357or when such activities are performed, with or without
358compensation, by a person for or under the auspices or
359sponsorship, individually or in conjunction with others, of an
360established and legally cognizable church, denomination, or sect
361and when the person rendering service remains accountable to the
362established authority thereof.
363     (10)  CONFIDENTIALITY AND PRIVILEGED COMMUNICATIONS.--Any
364communication between any person registered or certified under
365this section and his or her patient or client is confidential.
366This secrecy may be waived under the following conditions:
367     (a)  When the person certified under this chapter is a
368party defendant to a civil, criminal, or disciplinary action
369arising from a complaint filed by the patient or client, in
370which case the waiver shall be limited to that action.
371     (b)  When the patient or client agrees to the waiver in
372writing or when more than one person in a family is receiving
373therapy and each family member agrees to the waiver in writing.
374     (c)  When there is a clear and immediate probability of
375physical harm to the patient or client, to other individuals, or
376to society and the person registered or certified under this
377section communicates the information only to the potential
378victim, appropriate family member, or law enforcement or other
379appropriate authorities.
380     (11)  RECORDS.--
381     (a)  Each faith-based counselor who provides services as
382defined in this section shall give notice to all clients and
383patients on all intake documents and counseling agreements that
384he or she is not licensed by this state but is registered or
385certified by the qualified association pursuant to this section.
386All intake documents and counseling agreements must contain the
387address and telephone number of the qualified association.
388     (b)  Each faith-based counselor who provides services as
389defined in this section shall maintain records. The qualified
390association may adopt rules defining the minimum requirements
391for records and reports, including content, length of time
392records shall be maintained, and transfer of either the records
393or a report of such records to a subsequent treating
394practitioner or other individual, with written consent of the
395client or clients.
396     (12)  DISPLAY OF REGISTRATION OR CERTIFICATE; USE OF
397PROFESSIONAL TITLE ON PROMOTIONAL MATERIALS.--
398     (a)  A person registered or certified under this section as
399a faith-based counselor shall conspicuously display the valid
400registration certificate issued by a qualified association or a
401true copy thereof at each location at which the
402certificateholder practices his or her profession.
403     (b)  A certified faith-based counselor shall include the
404words "certified faith-based counselor" on all promotional
405materials, including cards, brochures, stationery,
406advertisements, and signs, naming the certificateholder.
407     (13)  FEES NONREFUNDABLE.--The fees paid by any applicant
408for certification as a registered faith-based counselor under
409this section are nonrefundable.
410     (14)  REPORT.--The qualified association issuing
411certificates of registration under this section shall annually
412report to the department the number of faith-based counselors
413and interns registered during the most recent calendar year and
414the names and addresses of the counselors and interns.
415     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.