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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    Florida Senate - 2005                                   SB 892
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 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:

31  

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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

31  

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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.

31  

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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.--

31  

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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.

31  

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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.

31  

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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.

 8  

 9            *****************************************

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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