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A bill to be entitled

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An act relating to social worker identification; amending

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ss. 39.01 and 491.003, F.S.; providing definitions;

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creating s. 491.016, F.S.; prohibiting a social worker

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from conducting clinical social work unless licensed or

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certified by the Department of Health; providing a penalty

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for improper use of the title "social worker"; providing

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exceptions; requiring the Department of Health to adopt

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rules; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Present subsections (70), (71), (72), (73), and

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(74) of section 39.01, Florida Statutes, are renumbered as

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subsections (71), (72), (73), (74), and (75), respectively, and a

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new subsection (70) is added to that section, to read:

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     39.01  Definitions.--When used in this chapter, unless the

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context otherwise requires:

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     (70) "Social worker" means any person who has a bachelor's,

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master's, or doctoral degree in social work.

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     Section 2.  Subsection (17) is added to section 491.003,

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Florida Statutes, to read:

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     491.003  Definitions.--As used in this chapter:

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     (17) "Social worker" means a person who has a bachelor's,

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master's, or doctoral degree in social work.

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     Section 3.  Section 491.016, Florida Statutes, is created to

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read:

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     491.016 Professional social worker identification.--

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     (1) A social worker may not conduct clinical social work

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unless he or she possesses a license or certification issued

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under this chapter.

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     (2) A person commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083, when he or

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she, for or without compensation, holds himself or herself out to

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the public as a social worker directly or through a governmental

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or private organization, entity, or agency unless that person:

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     (a) Possesses at least a bachelor's or master's degree in

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social work from a social work program accredited by or from an

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institution that is an active candidate for accreditation as a

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social work program by the Council of Social Work Education; or

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     (b) Completes, at a university or college outside the

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United States or Canada, a social work program determined by the

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Foreign Equivalency Determination Service of the Council on

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Social Work Education to be equivalent to a bachelor's or

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master's degree in social work.

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     (3) This section does not apply to:

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     (a) A person who, as of July 1, 2008, used the title

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"social worker" in his or her employment; or

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     (b) An employee who provides social work services under

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administrative supervision in a long-term care facility licensed

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by the Agency for Health Care Administration.

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     (4) The department shall adopt rules pursuant to ss.

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120.536(1) and 120.54 to administer this section.

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     Section 4.  This act shall take effect July 1, 2008.