HB 879

1
A bill to be entitled
2An act relating to clinical, counseling, and psychotherapy
3professionals; amending s. 491.0147, F.S.; revising a
4condition for waiver of communication confidentiality;
5providing persons licensed or certified under ch. 491,
6F.S., with criminal and civil liability from certain
7disclosures; creating s. 491.016, F.S.; providing
8requirements for lawful use of the title "social worker";
9providing a penalty for unlawful use of such title;
10providing a grandfather clause; requiring the Department
11of Health to adopt implementing and enforcing rules;
12deferring applicability for certain persons; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 491.0147, Florida Statutes, is amended
18to read:
19     491.0147  Confidentiality and privileged communications.--
20     (1)  Any communication between any person licensed or
21certified under this chapter and her or his patient or client
22shall be confidential. This secrecy may be waived under the
23following conditions:
24     (a)(1)  When the person licensed or certified under this
25chapter is a party defendant to a civil, criminal, or
26disciplinary action arising from a complaint filed by the
27patient or client, in which case the waiver shall be limited to
28that action.
29     (b)(2)  When the patient or client agrees to the waiver, in
30writing, or, when more than one person in a family is receiving
31therapy, when each family member agrees to the waiver, in
32writing.
33     (c)(3)  When, in the clinical judgment of the person
34licensed or certified under this chapter, there is a clear and
35immediate probability of physical harm to the patient or client,
36to other individuals, or to society and the person licensed or
37certified under this chapter communicates the information only
38to the potential victim, appropriate family member, or law
39enforcement or other appropriate authorities.
40     (2)  A person licensed or certified under this chapter who
41discloses a confidential communication shall be immune from any
42civil or criminal liability if the communication's
43confidentiality is waived under paragraph (1)(c).
44     Section 2.  Section 491.016, Florida Statutes, is created
45to read:
46     491.016  Professional social work identification.--
47     (1)  It is a misdemeanor of the first degree, punishable as
48provided in s. 775.082 or s. 775.083, for a person, for or
49without compensation, to hold himself or herself out to the
50public as a social worker, either directly or through a
51governmental or private organization, entity, or agency, unless
52that person:
53     (a)  Possesses at least a bachelor's degree in social work
54from a social work program accredited by or from an institution
55that is an active candidate for accreditation as a social work
56program by the Council on Social Work Education; or
57     (b)  Completes, at a university or college outside the
58United States or Canada, a social work program determined by the
59Foreign Equivalency Determination Service of the Council on
60Social Work Education to be at least equivalent to a bachelor's
61degree in social work.
62     (2)  This section does not apply to a person who, prior to
63July 1, 2006, used the title "social worker" in his or her
64employment, as long as the person continuously works for the
65same employer and in the same capacity as before July 1, 2006.
66     (3)  The department shall adopt rules pursuant to ss.
67120.536(1) and 120.54 to implement and enforce this section.
68     (4)  This section does not apply to salaried employees
69providing social work services under part II, part III, or part
70IV of chapter 400 until July 1, 2011.
71     Section 3.  This act shall take effect July 1, 2006.


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