Senate Bill sb0892
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Florida Senate - 2005 SB 892
By Senator Wise
5-756-05
1 A bill to be entitled
2 An act relating to regulation of faith-based
3 counseling; providing definitions; requiring
4 registration of faith-based counselors;
5 specifying nonapplication of certain licensing
6 provisions to certain faith-based counselors
7 under certain circumstances; providing
8 registration procedures and requirements;
9 providing for certification by examination;
10 providing procedures; providing for a fee;
11 providing for registration or certification by
12 endorsement; providing criteria and
13 requirements; providing for renewal of
14 registrations or certificates; providing for a
15 fee; providing criteria and requirements;
16 providing for inactive status; providing
17 requirements and criteria for reactivation of
18 certification; providing fees; providing
19 continuing education requirements; providing
20 procedures and criteria; providing for certain
21 status as a provider; providing for a fee;
22 authorizing the Department of Health to adopt
23 rules; providing for disciplinary actions for
24 certain activities; providing for
25 confidentiality of certain information;
26 providing exceptions; requiring keeping and
27 maintaining certain records; providing
28 requirements for display of certificates and
29 use of professional titles on certain
30 materials; requiring a report to the
31 department; providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. (1) DEFINITIONS.--As used in this section,
4 the term:
5 (a) "Department" means the Department of Health.
6 (b) "Faith-based counseling" means ministry to
7 individuals, families, couples, groups, organizations, and the
8 general public involving the application of principles and
9 procedures of counseling to assess and treat intrapersonal and
10 interpersonal problems and other dysfunctional behavior of a
11 social and spiritual nature and to assist in the overall
12 development and healing process of those served.
13 (c) "Faith-based counselor" means a person who
14 provides faith-based counseling.
15 (d) "Qualified association" means an organization that
16 uses a certification process that is endorsed by a statewide
17 faith-based counseling organization in this state which was in
18 existence on January 1, 2005, and which publishes, and
19 requires compliance with, its standards and files copies of
20 such standards with the department as provided in subparagraph
21 (2)(b)1.
22 (2) REGISTRATION.--
23 (a) A faith-based counselor may not practice, and a
24 person may not commence his or her faith-based counselor
25 professional practicum, internship, or field experience, in
26 this state unless he or she has first registered with and been
27 certified by a qualified association as provided in this
28 section.
29 (b) The licensing provisions of chapter 491, Florida
30 Statutes, do not apply to a faith-based counselor who:
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1 1. Is certified by a statewide faith-based counseling
2 organization in this state which was in existence on January
3 1, 2005, and which publishes and requires compliance with the
4 organization's standards and files copies of such standards
5 with the department. Such standards shall be in substantial
6 compliance with chapter 491, Florida Statutes, and the rules
7 and minimum standards adopted under that chapter, with the
8 exception of those standards of a curricular or religious
9 nature. After the department has determined that the standards
10 for faith-based counselors are in substantial compliance with
11 minimum standards that professionals licensed under chapter
12 491, Florida Statutes, are required to meet, the standards
13 need not be resubmitted to the department unless a change in
14 the standards occurs. If the organization adopts any changes
15 to the standards, the organization shall provide such changes
16 to the department within 10 days after their adoption.
17 2. Has been issued a certificate of registration by
18 the qualified association.
19 (c) The qualified association shall register as a
20 faith-based counselor intern an applicant who the qualified
21 association verifies has:
22 1. Completed the application form and remitted a
23 nonrefundable application fee as set by the qualified
24 association, such fee not to exceed $200.
25 2. Completed the minimum education requirements of
26 obtaining a master's degree in faith-based counseling or a
27 related field from an accredited college or a faith-based
28 college and submitted an acceptable supervision plan, working
29 under a registered or certificated faith-based counselor for
30 meeting any practicum, internship, or field work required for
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1 registration or certification that may not have been satisfied
2 in his or her graduate program.
3 3. Identified a qualified faith-based counselor to
4 supervise his or her practicum, internship, or field
5 experience.
6 (d) Upon verification that all requirements for
7 registration have been met, the qualified association shall
8 issue to an applicant, without charge, a certificate of
9 registration valid for 1 year. An applicant for certification
10 must remain under supervision until he or she receives his or
11 her certificate of registration from the qualified
12 association.
13 (e) Faith-based counselors who have met the minimum
14 education requirements and commenced the minimum experience
15 requirements as set out in the qualified association's
16 published standards shall register with the qualified
17 association before July 1, 2005. Faith-based counselors who
18 fail to comply with this paragraph may not be granted a
19 certificate of registration, and any time spent by the person
20 completing the experience requirement prior to registration as
21 an intern does not count toward completion of such
22 requirement.
23 (3) CERTIFICATION BY EXAMINATION.--
24 (a) Upon verification of documentation and payment of
25 a nonrefundable application fee as set by the qualified
26 association, such fee not to exceed $200, plus the actual
27 per-applicant cost to the qualified association or its
28 registration agent for purchase of the examination from the
29 state, a professional licensure agency, or a similar national
30 professional organization, the qualified association shall
31 issue a certificate of registration as a clinical faith-based
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1 counselor to an applicant who the qualified association
2 certifies has:
3 1. Completed the application form and remitted a
4 nonrefundable application fee as set by the qualified
5 association, such fee not to exceed $200.
6 2. Received the minimum of a master's degree in
7 faith-based counseling, or a closely related field, from a
8 regionally accredited college or has received the minimum of a
9 master's degree in faith-based counseling from a faith-based
10 theological seminary which the qualified association has
11 determined was, at the time the applicant graduated, a program
12 equivalent to programs approved by the Council on Faith-Based
13 Counseling Education. An applicant who graduated from a
14 university or college program outside the United States or
15 Canada must present documentation of the equivalency
16 determination from the council in order to qualify to sit for
17 the examination. The master's level graduate program must have
18 included direct clinical pastoral or faith-based patient or
19 client counseling services and the coursework, casework, and
20 experience as required by the qualified association's
21 published standards.
22 3. Passed a theory and practice examination provided
23 by the qualified association for this purpose.
24 4. Demonstrated, in a manner designated by the
25 qualified association's published standards, knowledge of the
26 laws and rules governing the practice of clinical faith-based
27 counseling work.
28 5. Completed a minimum of 3 semester hours or 4
29 quarter hours of graduate-level coursework as required by the
30 qualified association's published standards.
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1 6. Completed the equivalent, as determined by the
2 qualified association, of at least 1,000 hours of
3 university-sponsored or seminary-supervised clinical
4 practicum, internship, or field experience as required by the
5 standards of the council. This experience may not be used to
6 satisfy the postmaster's clinical experience requirement.
7 (4) CERTIFICATION BY ENDORSEMENT.--The qualified
8 association shall issue a certificate of registration to a
9 person in a profession to which this section applies who, upon
10 applying to the qualified association and remitting the
11 appropriate fee, demonstrates to the qualified association
12 that he or she:
13 (a) Has knowledge of the laws and rules governing the
14 practice of clinical faith-based counseling.
15 (b) Holds an active valid license to practice and has
16 actively practiced the profession for which licensure is
17 applied in another state for 3 of the last 5 years immediately
18 preceding his or her application for registration with the
19 qualified association.
20 (c) Meets the educational requirements of this section
21 for the profession for which registration is applied.
22 (d) Has passed a substantially equivalent examination
23 in another state or has passed the registration examination in
24 this state in the profession for which the applicant seeks
25 certification.
26 (e) Holds a certificate in good standing, is not under
27 investigation for an act that would constitute a violation of
28 this section, and has not been found to have committed any act
29 that would constitute a violation of this section.
30 (5) RENEWAL OF REGISTRATION OR CERTIFICATION.--
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1 (a) The qualified association shall prescribe by rule
2 a method for the biennial renewal of registration or
3 certification at a fee set by rule, not to exceed $250.
4 (b) Each applicant for renewal shall present
5 satisfactory evidence that, in the period since the
6 registration or certificate was issued, the applicant has
7 completed continuing education requirements set by rule of the
8 qualified association. Not more than 25 classroom hours of
9 continuing education per year shall be required.
10 (c) The qualified association shall prescribe by rule
11 a method for the biennial renewal of an intern registration at
12 a fee set by rule, not to exceed $100.
13 (6) INACTIVE STATUS; REACTIVATION OF CERTIFICATION;
14 FEES.--
15 (a) Upon application to the qualified association and
16 payment of a $50 fee, a registered faith-based counselor may
17 be placed on inactive status.
18 1. An inactive certificate may be renewed biennially
19 for $50.
20 2. An inactive certificate may be reactivated by
21 submitting an application to the qualified association,
22 completing the continuing education requirements, complying
23 with any background investigation required, complying with
24 other requirements prescribed by the qualified association,
25 and paying a $50 reactivation fee plus the current biennial
26 renewal fee at the time of reactivation.
27 (b) The qualified association may adopt rules relating
28 to inactive certificates and the reactivation of certificates.
29 (7) CONTINUING EDUCATION AND LAWS AND RULES COURSES;
30 APPROVAL OF PROVIDERS, PROGRAMS, AND COURSES; PROOF OF
31 COMPLETION.--
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1 (a) Faith-based continuing education providers,
2 programs, and courses and laws and rules courses and their
3 providers and programs shall be approved by the qualified
4 association.
5 (b) The qualified association may set a fee, not to
6 exceed $200, for each applicant that applies for or renews
7 provider status.
8 (c) Proof of completion of the required number of
9 hours of continuing education and completion of the laws and
10 rules course shall be submitted to the qualified association
11 in the manner and time specified by rule and on forms provided
12 by the qualified association.
13 (d) The department or the qualified association shall
14 adopt rules and guidelines to administer and enforce the
15 provisions of this subsection.
16 (8) DISCIPLINE.--
17 (a) The following acts constitute grounds for denial
18 of certification or disciplinary action, as specified in
19 section 456.072(2), Florida Statutes:
20 1. Attempting to obtain, obtaining, or renewing a
21 registration or certification under this section by bribery or
22 fraudulent misrepresentation or through an error of the
23 qualified association or the department.
24 2. Having a registration or certification to practice
25 a comparable profession revoked, suspended, or otherwise acted
26 against, including the denial of certification or licensure by
27 another state, territory, or country.
28 3. Being convicted or found guilty of, regardless of
29 adjudication, or having entered a plea of nolo contendere to,
30 a crime in any jurisdiction which directly relates to the
31 practice of his or her profession or the ability to practice
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1 his or her profession. However, in the case of a plea of nolo
2 contendere, the qualified association shall allow the person
3 who is the subject of the disciplinary proceeding to present
4 evidence in mitigation relevant to the underlying charges and
5 circumstances surrounding the plea.
6 4. False, deceptive, or misleading advertising or
7 obtaining a fee or other thing of value on the representation
8 that beneficial results from any treatment will be guaranteed.
9 5. Advertising, practicing, or attempting to practice
10 under a name other than one's own.
11 6. Maintaining a professional association with any
12 person who the applicant, registered intern, or
13 certificateholder knows, or has reason to believe, is in
14 violation of this section or a rule of the department.
15 7. Knowingly aiding, assisting, procuring, or advising
16 any unregistered or uncertified person to hold himself or
17 herself out as registered or certified under this section.
18 8. Failing to perform any statutory or legal
19 obligation placed upon a person registered or certified under
20 this section.
21 9. Willfully making or filing a false report or
22 record, failing to file a report or record required by state
23 or federal law, willfully impeding or obstructing the filing
24 of a report or record, or inducing another person to make or
25 file a false report or record or to impede or obstruct the
26 filing of a report or record. Such report or record means only
27 a report or record that requires the signature of a person
28 registered or certified under this section.
29 10. Paying a kickback, rebate, bonus, or other
30 remuneration for receiving a patient or client, or receiving a
31 kickback, rebate, bonus, or other remuneration for referring a
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1 patient or client to another provider of mental health care
2 services or to a provider of health care services or goods;
3 referring a patient or client to oneself for services on a
4 fee-paid basis when those services are already being paid for
5 by some other public or private entity; or entering into a
6 reciprocal referral agreement.
7 11. Committing any act upon a patient or client which
8 would constitute sexual battery or which would constitute
9 sexual misconduct, as defined in section 491.0111, Florida
10 Statutes.
11 12. Making misleading, deceptive, untrue, or
12 fraudulent representations in the practice of any profession
13 registered or certified under this section.
14 13. Soliciting patients or clients personally, or
15 through an agent, through the use of fraud, intimidation,
16 undue influence, or a form of overreaching or vexatious
17 conduct.
18 14. Failing to make available to a patient or client,
19 upon written request, copies of tests, reports, or documents
20 in the possession or under the control of the registered
21 intern or certificateholder which have been prepared for and
22 paid for by the patient or client.
23 15. Failing to respond within 30 days to a written
24 communication from the department or the qualified association
25 concerning any investigation by the department or the
26 qualified association or failing to make available any
27 relevant records with respect to any investigation concerning
28 the registered intern's or certificateholder's conduct or
29 background.
30 16. Being unable to practice the profession for which
31 he or she is registered or certified under this section with
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1 reasonable skill or competence as a result of any mental or
2 physical condition or by reason of illness, drunkenness, or
3 excessive use of drugs, narcotics, chemicals, or any other
4 substance. In enforcing this subparagraph, upon a finding by
5 the qualified association that probable cause exists to
6 believe that the registered intern or certificateholder is
7 unable to practice a profession because of the reasons stated
8 in this subparagraph, the qualified association may compel the
9 registered intern or certificateholder to submit to a mental
10 or physical examination by faith-based counselors,
11 psychologists, physicians, or licensees under chapter 491,
12 Florida Statutes, designated by the qualified association. If
13 the registered intern or certificateholder refuses to comply
14 with such order, the qualified association may suspend or
15 revoke the person's registration or certification. A
16 registered intern or certificateholder affected under this
17 subparagraph shall at reasonable intervals be afforded an
18 opportunity to demonstrate that he or she can resume the
19 competent practice for which he or she is registered or
20 certified with reasonable skill and safety to patients.
21 17. Performing any treatment or prescribing any
22 therapy that, by the prevailing standards of faith-based
23 counselors in the community, would constitute experimentation
24 on human subjects, without first obtaining full, informed, and
25 written consent.
26 18. Failing to meet the minimum standards of
27 performance in professional activities when measured against
28 generally prevailing peer performance, including the
29 undertaking of activities for which the registered intern or
30 certificateholder is not qualified by training or experience.
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1 19. Delegating professional responsibilities to a
2 person whom the registered intern or certificateholder knows
3 or has reason to know is not qualified by training or
4 experience to perform such responsibilities.
5 20. Violating a rule relating to the regulation of the
6 profession or a lawful order of the qualified association
7 previously entered in a disciplinary hearing.
8 21. Failure of the registered intern or
9 certificateholder to maintain in confidence a communication
10 made by a patient or client in the context of such services,
11 except as provided in section 491.0147, Florida Statutes.
12 22. Making public statements that are derived from
13 test data, client contacts, or behavioral research and that
14 identify or damage research subjects or clients.
15 (b) The qualified association shall notify the
16 department within 10 days after the suspension or revocation
17 of the registration or certification of any faith-based
18 counselor registered or certified under this subsection.
19 (c)1. The qualified association shall notify the
20 department when the qualified association finds there is a
21 violation of any of the provisions of this subsection which
22 threatens harm to any patient or client.
23 2. The qualified association shall notify the
24 department when the qualified association finds, within 30
25 days after written notification by registered mail of the
26 requirement for registration, that a person continues to offer
27 faith-based counseling services without a certificate of
28 registration. The department shall enforce the provisions of
29 this subsection pursuant to chapter 491, Florida Statutes.
30 (9) EXEMPTIONS.--This section does not limit the
31 performance of activities of a rabbi, priest, minister, or
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1 member of the clergy of any religious denomination or sect or
2 use of the term "Christian counselor" or "Christian clinical
3 counselor" when the activities of such person are within the
4 scope of the performance of his or her regular or specialized
5 ministerial duties and no compensation is received by him or
6 her or when such activities are performed, with or without
7 compensation, by a person for or under the auspices or
8 sponsorship, individually or in conjunction with others, of an
9 established and legally cognizable church, denomination, or
10 sect and when the person rendering service remains accountable
11 to the established authority thereof.
12 (10) CONFIDENTIALITY AND PRIVILEGED
13 COMMUNICATIONS.--Any communication between any person
14 registered or certified under this section and his or her
15 patient or client is confidential. This secrecy may be waived
16 under the following conditions:
17 (a) When the person certified under this chapter is a
18 party defendant to a civil, criminal, or disciplinary action
19 arising from a complaint filed by the patient or client, in
20 which case the waiver shall be limited to that action.
21 (b) When the patient or client agrees to the waiver,
22 in writing, or when more than one person in a family is
23 receiving therapy and each family member agrees to the waiver,
24 in writing.
25 (c) When there is a clear and immediate probability of
26 physical harm to the patient or client, to other individuals,
27 or to society and the person registered or certified under
28 this section communicates the information only to the
29 potential victim, appropriate family member, or law
30 enforcement or other appropriate authorities.
31 (11) RECORDS.--
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1 (a) Each faith-based counselor who provides services
2 as defined in this section shall give notice to all clients
3 and patients on all intake documents and counseling agreements
4 that he or she is not licensed by this state but is registered
5 or certified by the qualified association pursuant to this
6 section. All intake documents and counseling agreements must
7 contain the address and telephone number of the qualified
8 association.
9 (b) Each faith-based counselor who provides services
10 as defined in this section shall maintain records. The
11 qualified association may adopt rules defining the minimum
12 requirements for records and reports, including content,
13 length of time records shall be maintained, and transfer of
14 either the records or a report of such records to a subsequent
15 treating practitioner or other individual, with written
16 consent of the client or clients.
17 (12) DISPLAY OF REGISTRATION OR CERTIFICATE; USE OF
18 PROFESSIONAL TITLE ON PROMOTIONAL MATERIALS.--
19 (a) A person registered or certified under this
20 section as a faith-based counselor shall conspicuously display
21 the valid registration certificate issued by a qualified
22 association or a true copy thereof at each location at which
23 the certificateholder practices his or her profession.
24 (b) A certified faith-based counselor shall include
25 the words "certified faith-based counselor" on all promotional
26 materials, including cards, brochures, stationery,
27 advertisements, and signs, naming the certificateholder.
28 (13) FEES NONREFUNDABLE.--The fees paid by any
29 applicant for certification as a registered faith-based
30 counselor under this section are nonrefundable.
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1 (14) REPORT.--The qualified association issuing
2 certificates of registration under this section shall annually
3 report to the department the number of faith-based counselors
4 and interns registered during the most recent calendar year
5 and the names and addresses of the counselors and interns.
6 Section 2. This act shall take effect upon becoming a
7 law.
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10 SENATE SUMMARY
11 Requires registration of faith-based counselors.
Specifies nonapplication of certain licensing provisions
12 to certain faith-based counselors under certain
circumstances. Provides registration procedures and
13 requirements. Provides for certification by examination.
Provides for fees. Provides for registration or
14 certification by endorsement. Provides for renewal of
registrations or certificates. Provides requirements and
15 criteria for reactivation of certification. Provides
continuing education requirements. Authorizes the
16 Department of Health to adopt rules. Provides for
disciplinary actions for certain activities. Provides for
17 confidentiality of certain information. Requires the
keeping and maintaining of certain records. Provides
18 requirements for displaying certificates and using
professional titles on certain materials. Requires a
19 report to the department.
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