| 1 | A bill to be entitled |
| 2 | An act relating to clinical, counseling, and psychotherapy |
| 3 | professionals; amending s. 491.0147, F.S.; revising a |
| 4 | condition for waiver of communication confidentiality; |
| 5 | providing persons licensed or certified under ch. 491, |
| 6 | F.S., with criminal and civil liability from certain |
| 7 | disclosures; creating s. 491.016, F.S.; providing |
| 8 | requirements for lawful use of the title "social worker"; |
| 9 | providing a penalty for unlawful use of such title; |
| 10 | providing a grandfather clause; requiring the Department |
| 11 | of Health to adopt implementing and enforcing rules; |
| 12 | deferring applicability for certain persons; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 491.0147, Florida Statutes, is amended |
| 18 | to read: |
| 19 | 491.0147 Confidentiality and privileged communications.-- |
| 20 | (1) Any communication between any person licensed or |
| 21 | certified under this chapter and her or his patient or client |
| 22 | shall be confidential. This secrecy may be waived under the |
| 23 | following conditions: |
| 24 | (a)(1) When the person licensed or certified under this |
| 25 | chapter is a party defendant to a civil, criminal, or |
| 26 | disciplinary action arising from a complaint filed by the |
| 27 | patient or client, in which case the waiver shall be limited to |
| 28 | that action. |
| 29 | (b)(2) When the patient or client agrees to the waiver, in |
| 30 | writing, or, when more than one person in a family is receiving |
| 31 | therapy, when each family member agrees to the waiver, in |
| 32 | writing. |
| 33 | (c)(3) When, in the clinical judgment of the person |
| 34 | licensed or certified under this chapter, there is a clear and |
| 35 | immediate probability of physical harm to the patient or client, |
| 36 | to other individuals, or to society and the person licensed or |
| 37 | certified under this chapter communicates the information only |
| 38 | to the potential victim, appropriate family member, or law |
| 39 | enforcement or other appropriate authorities. |
| 40 | (2) A person licensed or certified under this chapter who |
| 41 | discloses a confidential communication shall be immune from any |
| 42 | civil or criminal liability if the communication's |
| 43 | confidentiality is waived under paragraph (1)(c). |
| 44 | Section 2. Section 491.016, Florida Statutes, is created |
| 45 | to read: |
| 46 | 491.016 Professional social work identification.-- |
| 47 | (1) It is a misdemeanor of the first degree, punishable as |
| 48 | provided in s. 775.082 or s. 775.083, for a person, for or |
| 49 | without compensation, to hold himself or herself out to the |
| 50 | public as a social worker, either directly or through a |
| 51 | governmental or private organization, entity, or agency, unless |
| 52 | that person: |
| 53 | (a) Possesses at least a bachelor's degree in social work |
| 54 | from a social work program accredited by or from an institution |
| 55 | that is an active candidate for accreditation as a social work |
| 56 | program by the Council on Social Work Education; or |
| 57 | (b) Completes, at a university or college outside the |
| 58 | United States or Canada, a social work program determined by the |
| 59 | Foreign Equivalency Determination Service of the Council on |
| 60 | Social Work Education to be at least equivalent to a bachelor's |
| 61 | degree in social work. |
| 62 | (2) This section does not apply to a person who, prior to |
| 63 | July 1, 2006, used the title "social worker" in his or her |
| 64 | employment, as long as the person continuously works for the |
| 65 | same employer and in the same capacity as before July 1, 2006. |
| 66 | (3) The department shall adopt rules pursuant to ss. |
| 67 | 120.536(1) and 120.54 to implement and enforce this section. |
| 68 | (4) This section does not apply to salaried employees |
| 69 | providing social work services under part II, part III, or part |
| 70 | IV of chapter 400 until July 1, 2011. |
| 71 | Section 3. This act shall take effect July 1, 2006. |