Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1368
       
       
       
       
       
       
                                Barcode 532980                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/09/2013           .                                
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       The Committee on Health Policy (Sobel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (3) through (7) of section 491.004,
    6  Florida Statutes, are amended to read:
    7         491.004 Board of Clinical Social Work, Marriage and Family
    8  Therapy, and Mental Health Counseling.—
    9         (3) No later than January 1, 1988, the Governor shall
   10  appoint nine members of the board as follows:
   11         (a) Three members for terms of 2 years each.
   12         (b) Three members for terms of 3 years each.
   13         (c) Three members for terms of 4 years each.
   14         (3)(4) As the terms of the initial members expire, the
   15  Governor shall appoint successors for terms of 4 years; and
   16  those members shall serve until their successors are appointed.
   17         (4)(5) The board shall adopt rules pursuant to ss.
   18  120.536(1) and 120.54 to implement and enforce the provisions of
   19  this chapter.
   20         (5)(6) All applicable provisions of chapter 456 relating to
   21  activities of regulatory boards shall apply to the board.
   22         (6)(7) The board shall maintain its official headquarters
   23  in the City of Tallahassee.
   24         Section 2. Section 491.0045, Florida Statutes, is amended
   25  to read:
   26         491.0045 Intern registration; requirements.—
   27         (1) Effective January 1, 1998, An individual who has not
   28  satisfied intends to practice in Florida to satisfy the
   29  postgraduate or post-master’s level experience requirements, as
   30  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
   31  as an intern in the profession for which he or she is seeking
   32  licensure before prior to commencing the post-master’s
   33  experience requirement. or An individual who intends to satisfy
   34  part of the required graduate-level practicum, internship, or
   35  field experience, outside the academic arena for any profession,
   36  must register as an intern in the profession for which he or she
   37  is seeking licensure before prior to commencing the practicum,
   38  internship, or field experience.
   39         (2) The department shall register as a clinical social
   40  worker intern, marriage and family therapist intern, or mental
   41  health counselor intern each applicant who the board certifies
   42  has:
   43         (a) Completed the application form and remitted a
   44  nonrefundable application fee not to exceed $200, as set by
   45  board rule;
   46         (b)1. Completed the education requirements as specified in
   47  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
   48  he or she is applying for licensure, if needed; and
   49         2. Submitted an acceptable supervision plan, as determined
   50  by the board, for meeting the practicum, internship, or field
   51  work required for licensure that was not satisfied in his or her
   52  graduate program.
   53         (c) Identified a qualified supervisor.
   54         (3) An individual registered under this section must remain
   55  under supervision while practicing under registered intern
   56  status until he or she is in receipt of a license or a letter
   57  from the department stating that he or she is licensed to
   58  practice the profession for which he or she applied.
   59         (4) An individual who has applied for intern registration
   60  on or before December 31, 2001, and has satisfied the education
   61  requirements of s. 491.005 that are in effect through December
   62  31, 2000, will have met the educational requirements for
   63  licensure for the profession for which he or she has applied.
   64         (4)(5)Individuals who have commenced the experience
   65  requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c)
   66  but failed to register as required by subsection (1) shall
   67  register with the department before January 1, 2000. Individuals
   68  who fail to comply with this section subsection shall not be
   69  granted a license under this chapter, and any time spent by the
   70  individual completing the experience requirement as specified in
   71  s. 491.005(1)(c), (3)(c), or (4)(c) before prior to registering
   72  as an intern shall not count toward completion of the such
   73  requirement.
   74         (5) Intern registration shall be valid for 5 years. Any
   75  subsequent intern registration must result from applying for and
   76  meeting the requirements adopted by the board by rule.
   77         (6) A registered intern license issued before July 1, 2013,
   78  shall expire 60 months after the date it was issued and may not
   79  be renewed or reissued. Any subsequent intern registration shall
   80  be issued at the discretion of the board.
   81         (7) A person who has held a provisional license issued by
   82  the board may not apply for an intern registration in the same
   83  profession.
   84         Section 3. Paragraph (c) of subsection (2) of section
   85  491.0046, Florida Statutes, is amended, and subsection (5) is
   86  added to that section, to read:
   87         491.0046 Provisional license; requirements.—
   88         (2) The department shall issue a provisional clinical
   89  social worker license, provisional marriage and family therapist
   90  license, or provisional mental health counselor license to each
   91  applicant who the board certifies has:
   92         (c) Has met the following minimum coursework requirements:
   93         1. For clinical social work, a minimum of 15 semester hours
   94  or 22 quarter hours of the coursework required by s.
   95  491.005(1)(b)2.b.
   96         2. For marriage and family therapy, 10 of the courses
   97  required by s. 491.005(3)(b)1.a. 491.005(3)(b)1.a.-c., as
   98  determined by the board, and at least 6 semester hours or 9
   99  quarter hours of the course credits must have been completed in
  100  the area of marriage and family systems, theories, or
  101  techniques.
  102         3. For mental health counseling, a minimum of seven of the
  103  courses required under s. 491.005(4)(b)1.a. 491.005(b)1.a.-c.
  104         (5) A person who has held an intern registration issued by
  105  the board may not apply for a provisional license in the same
  106  profession.
  107         Section 4. Section 491.005, Florida Statutes, is amended to
  108  read:
  109         491.005 Licensure by examination.—
  110         (1) CLINICAL SOCIAL WORK.—Upon verification of
  111  documentation and payment of a fee not to exceed $200, as set by
  112  board rule, plus the actual per applicant cost to the department
  113  for purchase of the examination from the American Association of
  114  State Social Worker’s Boards or a similar national organization,
  115  the department shall issue a license as a clinical social worker
  116  to an applicant who the board certifies:
  117         (a) Has submitted an made application therefor and paid the
  118  appropriate fee.
  119         (b)1. Has received a doctoral degree in social work from a
  120  graduate school of social work which at the time the applicant
  121  graduated was accredited by an accrediting agency recognized by
  122  the United States Department of Education or has received a
  123  master’s degree in social work from a graduate school of social
  124  work which at the time the applicant graduated:
  125         a. Was accredited by the Council on Social Work Education;
  126         b. Was accredited by the Canadian Association of Schools of
  127  Social Work; or
  128         c. Has been determined to have been a program equivalent to
  129  programs approved by the Council on Social Work Education by the
  130  Foreign Equivalency Determination Service of the Council on
  131  Social Work Education. An applicant who graduated from a program
  132  at a university or college outside of the United States or
  133  Canada must present documentation of the equivalency
  134  determination from the council in order to qualify.
  135         2. The applicant’s graduate program must have emphasized
  136  direct clinical patient or client health care services,
  137  including, but not limited to, coursework in clinical social
  138  work, psychiatric social work, medical social work, social
  139  casework, psychotherapy, or group therapy. The applicant’s
  140  graduate program must have included all of the following
  141  coursework:
  142         a. A supervised field placement which was part of the
  143  applicant’s advanced concentration in direct practice, during
  144  which the applicant provided clinical services directly to
  145  clients.
  146         b. Completion of 24 semester hours or 32 quarter hours in
  147  theory of human behavior and practice methods as courses in
  148  clinically oriented services, including a minimum of one course
  149  in psychopathology, and no more than one course in research,
  150  taken in a school of social work accredited or approved pursuant
  151  to subparagraph 1.
  152         3. If the course title which appears on the applicant’s
  153  transcript does not clearly identify the content of the
  154  coursework, the applicant shall be required to provide
  155  additional documentation, including, but not limited to, a
  156  syllabus or catalog description published for the course.
  157         (c) Has had at least not less than 2 years of clinical
  158  social work experience, which took place subsequent to
  159  completion of a graduate degree in social work at an institution
  160  meeting the accreditation requirements of this section, under
  161  the supervision of a licensed clinical social worker or the
  162  equivalent who is a qualified supervisor as determined by the
  163  board. An individual who intends to practice in Florida to
  164  satisfy clinical experience requirements must register pursuant
  165  to s. 491.0045 before prior to commencing practice. If the
  166  applicant’s graduate program was not a program which emphasized
  167  direct clinical patient or client health care services as
  168  described in subparagraph (b)2., the supervised experience
  169  requirement must take place after the applicant has completed a
  170  minimum of 15 semester hours or 22 quarter hours of the
  171  coursework required. A doctoral internship may be applied toward
  172  the clinical social work experience requirement. A licensed
  173  mental health professional must be on the premises when clinical
  174  services are provided by a registered intern in a private
  175  practice setting. A registered intern may not engage in his or
  176  her own independent private practice. The experience requirement
  177  may be met by work performed on or off the premises of the
  178  supervising clinical social worker or the equivalent, provided
  179  the off-premises work is not the independent private practice
  180  rendering of clinical social work that does not have a licensed
  181  mental health professional, as determined by the board, on the
  182  premises at the same time the intern is providing services.
  183         (d) Has passed a theory and practice examination provided
  184  by the department for this purpose.
  185         (e) Has demonstrated, in a manner designated by rule of the
  186  board, knowledge of the laws and rules governing the practice of
  187  clinical social work, marriage and family therapy, and mental
  188  health counseling.
  189         (2) CLINICAL SOCIAL WORK.—
  190         (a) Notwithstanding the provisions of paragraph (1)(b),
  191  coursework which was taken at a baccalaureate level shall not be
  192  considered toward completion of education requirements for
  193  licensure unless an official of the graduate program certifies
  194  in writing on the graduate school’s stationery that a specific
  195  course, which students enrolled in the same graduate program
  196  were ordinarily required to complete at the graduate level, was
  197  waived or exempted based on completion of a similar course at
  198  the baccalaureate level. If this condition is met, the board
  199  shall apply the baccalaureate course named toward the education
  200  requirements.
  201         (b) An applicant from a master’s or doctoral program in
  202  social work which did not emphasize direct patient or client
  203  services may complete the clinical curriculum content
  204  requirement by returning to a graduate program accredited by the
  205  Council on Social Work Education or the Canadian Association of
  206  Schools of Social Work, or to a clinical social work graduate
  207  program with comparable standards, in order to complete the
  208  education requirements for examination. However, a maximum of 6
  209  semester or 9 quarter hours of the clinical curriculum content
  210  requirement may be completed by credit awarded for independent
  211  study coursework as defined by board rule.
  212         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  213  documentation and payment of a fee not to exceed $200, as set by
  214  board rule, plus the actual cost to the department for the
  215  purchase of the examination from the Association of Marital and
  216  Family Therapy Regulatory Board, or its successor similar
  217  national organization, the department shall issue a license as a
  218  marriage and family therapist to an applicant who the board
  219  certifies:
  220         (a) Has submitted an made application therefor and paid the
  221  appropriate fee.
  222         (b)1. Has a minimum of a master’s degree from a program
  223  accredited by the Commission on Accreditation for Marriage and
  224  Family Therapy Education, from a mental health counseling
  225  program with a marriage and family track from a university in
  226  this state accredited by the Council for Accreditation of
  227  Counseling and Related Educational Programs, from a program
  228  accepted by the board as meeting these coursework requirements
  229  with major emphasis in marriage and family therapy, or a program
  230  in a closely related field as determined by the board, and has
  231  completed all of the following requirements:
  232         a. Sixty Thirty-six semester hours or 80 48 quarter hours
  233  of graduate coursework, which must include a minimum of 3
  234  semester hours or 4 quarter hours of graduate-level coursework
  235  course credits in each of the following nine areas: dynamics of
  236  marriage and family systems; marriage therapy and counseling
  237  theory and techniques; family therapy and counseling theory and
  238  techniques; individual human development theories throughout the
  239  life cycle; personality theory or general counseling theory and
  240  techniques; psychopathology; human sexuality theory and
  241  counseling techniques; psychosocial theory; and substance abuse
  242  theory and counseling techniques; legal, ethical, and
  243  professional standards issues in the practice of marriage and
  244  family therapy; individual evaluation, assessment, and testing;
  245  and behavioral research which focuses on the interpretation and
  246  application of research data as it applies to clinical practice.
  247  Courses in research, evaluation, appraisal, assessment, or
  248  testing theories and procedures; thesis or dissertation work; or
  249  practicums, internships, or fieldwork may not be applied toward
  250  this requirement.
  251         b. A minimum of one graduate-level course of 3 semester
  252  hours or 4 quarter hours in legal, ethical, and professional
  253  standards issues in the practice of marriage and family therapy
  254  or a course determined by the board to be equivalent.
  255         c. A minimum of one graduate-level course of 3 semester
  256  hours or 4 quarter hours in diagnosis, appraisal, assessment,
  257  and testing for individual or interpersonal disorder or
  258  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
  259  hour graduate-level course in behavioral research which focuses
  260  on the interpretation and application of research data as it
  261  applies to clinical practice. Credit for thesis or dissertation
  262  work, practicums, internships, or fieldwork may not be applied
  263  toward this requirement.
  264         d. A minimum of one supervised clinical practicum,
  265  internship, or field experience in a marriage and family
  266  counseling setting, during which the student provided 400 180
  267  direct client contact hours of marriage and family therapy
  268  services under the supervision of an individual who met the
  269  requirements for supervision under paragraph (c). This
  270  requirement may be met by a supervised practice experience which
  271  took place outside the academic arena, but which is certified as
  272  equivalent to a graduate-level practicum or internship program
  273  which required a minimum of 400 180 direct client contact hours
  274  of marriage and family therapy services currently offered within
  275  an academic program of a college or university accredited by an
  276  accrediting agency approved by the United States Department of
  277  Education, or an institution which is publicly recognized as a
  278  member in good standing with the Association of Universities and
  279  Colleges of Canada or a training institution accredited by the
  280  Commission on Accreditation for Marriage and Family Therapy
  281  Education recognized by the United States Department of
  282  Education. Certification shall be required from an official of
  283  such college, university, or training institution.
  284         2. If the course title which appears on the applicant’s
  285  transcript does not clearly identify the content of the
  286  coursework, the applicant shall be required to provide
  287  additional documentation, including, but not limited to, a
  288  syllabus or catalog description published for the course.
  289  
  290  The required master’s degree must have been received in an
  291  institution of higher education which at the time the applicant
  292  graduated was: fully accredited by a regional accrediting body
  293  recognized by the Commission on Recognition of Postsecondary
  294  Accreditation; publicly recognized as a member in good standing
  295  with the Association of Universities and Colleges of Canada; or
  296  an institution of higher education located outside the United
  297  States and Canada, which at the time the applicant was enrolled
  298  and at the time the applicant graduated maintained a standard of
  299  training substantially equivalent to the standards of training
  300  of those institutions in the United States which are accredited
  301  by a regional accrediting body recognized by the Commission on
  302  Recognition of Postsecondary Accreditation. Such foreign
  303  education and training must have been received in an institution
  304  or program of higher education officially recognized by the
  305  government of the country in which it is located as an
  306  institution or program to train students to practice as
  307  professional marriage and family therapists or psychotherapists.
  308  The burden of establishing that the requirements of this
  309  provision have been met shall be upon the applicant, and the
  310  board shall require documentation, such as, but not limited to,
  311  an evaluation by a foreign equivalency determination service, as
  312  evidence that the applicant’s graduate degree program and
  313  education were equivalent to an accredited program in this
  314  country. An applicant with a master’s degree from a program
  315  which did not emphasize marriage and family therapy may complete
  316  the coursework requirement in a training institution fully
  317  accredited by the Commission on Accreditation for Marriage and
  318  Family Therapy Education or the Council for Accreditation of
  319  Counseling and Related Educational Programs recognized by the
  320  United States Department of Education.
  321         (c) Has had at least not less than 2 years of clinical
  322  experience during which 50 percent of the applicant’s clients
  323  were receiving marriage and family therapy services, which must
  324  be at the post-master’s level under the supervision of a
  325  licensed marriage and family therapist with at least 5 years of
  326  experience, or the equivalent, who is a qualified supervisor as
  327  determined by the board. An individual who intends to practice
  328  in Florida to satisfy the clinical experience requirements must
  329  register pursuant to s. 491.0045 before prior to commencing
  330  practice. If a graduate has a master’s degree with a major
  331  emphasis in marriage and family therapy or a closely related
  332  field that did not include all the coursework required under
  333  sub-subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., credit
  334  for the post-master’s level clinical experience shall not
  335  commence until the applicant has completed coursework in at
  336  least a minimum of 10 of the areas courses required under sub
  337  subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., as determined
  338  by the board, and at least 6 semester hours or 9 quarter hours
  339  of the course credits must have been completed in the area of
  340  marriage and family systems, theories, or techniques. Within the
  341  2 3 years of required experience, the applicant shall provide
  342  direct individual, group, or family therapy and counseling, to
  343  include the following categories of cases: unmarried dyads,
  344  married couples, separating and divorcing couples, and family
  345  groups including children. A doctoral internship may be applied
  346  toward the clinical experience requirement. A licensed mental
  347  health professional must be on the premises when clinical
  348  services are provided by a registered intern in a private
  349  practice setting. A registered intern may not engage in his or
  350  her own independent private practice The clinical experience
  351  requirement may be met by work performed on or off the premises
  352  of the supervising marriage and family therapist or the
  353  equivalent, provided the off-premises work is not the
  354  independent private practice rendering of marriage and family
  355  therapy services that does not have a licensed mental health
  356  professional, as determined by the board, on the premises at the
  357  same time the intern is providing services.
  358         (d) Has passed a theory and practice examination designated
  359  provided by the board department for this purpose.
  360         (e) Has demonstrated, in a manner designated by rule of the
  361  board, knowledge of the laws and rules governing the practice of
  362  clinical social work, marriage and family therapy, and mental
  363  health counseling as determined by the board.
  364         (f) For the purposes of dual licensure, the department
  365  shall license as a marriage and family therapist any person who
  366  meets the requirements of s. 491.0057. Fees for dual licensure
  367  shall not exceed those stated in this subsection. This paragraph
  368  expires July 1, 2020.
  369         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  370  documentation and payment of a fee not to exceed $200, as set by
  371  board rule, plus the actual per applicant cost to the department
  372  for purchase of the National Clinical Mental Health Counselor
  373  Examination from the Professional Examination Service for the
  374  National Academy of Certified Clinical Mental Health Counselors
  375  or a similar national organization, an examination managed by
  376  the National Board of Certified Counselors or its successor, the
  377  department shall issue a license as a mental health counselor to
  378  an applicant who the board certifies:
  379         (a) Has submitted an made application therefor and paid the
  380  appropriate fee.
  381         (b)1. Has a minimum of an earned master’s degree from a
  382  mental health counseling program accredited by the Council for
  383  the Accreditation of Counseling and Related Educational Programs
  384  that consists of at least 60 semester hours or 80 quarter hours
  385  of clinical and didactic instruction, including a course in
  386  human sexuality and a course in substance abuse. If the master’s
  387  degree is earned from a program related to the practice of
  388  mental health counseling that is not accredited by the Council
  389  for the Accreditation of Counseling and Related Educational
  390  Programs, then the coursework and practicum, internship, or
  391  fieldwork must consist of at least 60 semester hours or 80
  392  quarter hours and meet the following requirements:
  393         a. Thirty-three semester hours or 44 quarter hours of
  394  graduate coursework, which must include a minimum of 3 semester
  395  hours or 4 quarter hours of graduate-level coursework in each of
  396  the following 11 content areas: counseling theories and
  397  practice; human growth and development; diagnosis and treatment
  398  of psychopathology; human sexuality; group theories and
  399  practice; individual evaluation and assessment; career and
  400  lifestyle assessment; research and program evaluation; social
  401  and cultural foundations; counseling in community settings; and
  402  substance abuse; and legal, ethical, and professional standards
  403  issues in the practice of mental health counseling. Courses in
  404  research, thesis or dissertation work, practicums, internships,
  405  or fieldwork may not be applied toward this requirement.
  406         b. A minimum of 3 semester hours or 4 quarter hours of
  407  graduate-level coursework in legal, ethical, and professional
  408  standards issues in the practice of mental health counseling,
  409  which includes goals, objectives, and practices of professional
  410  counseling organizations, codes of ethics, legal considerations,
  411  standards of preparation, certifications and licensing, and the
  412  role identity and professional obligations of mental health
  413  counselors. Courses in research, thesis or dissertation work,
  414  practicums, internships, or fieldwork may not be applied toward
  415  this requirement.
  416         c. The equivalent, as determined by the board, of at least
  417  700 1,000 hours of university-sponsored supervised clinical
  418  practicum, internship, or field experience that includes at
  419  least 280 hours of direct client services, as required in the
  420  accrediting standards of the Council for Accreditation of
  421  Counseling and Related Educational Programs for mental health
  422  counseling programs. This experience may not be used to satisfy
  423  the post-master’s clinical experience requirement.
  424         2. If the course title which appears on the applicant’s
  425  transcript does not clearly identify the content of the
  426  coursework, the applicant shall be required to provide
  427  additional documentation, including, but not limited to, a
  428  syllabus or catalog description published for the course.
  429  
  430  Education and training in mental health counseling must have
  431  been received in an institution of higher education which at the
  432  time the applicant graduated was: fully accredited by a regional
  433  accrediting body recognized by the Council for Higher Education
  434  or its successor Commission on Recognition of Postsecondary
  435  Accreditation; publicly recognized as a member in good standing
  436  with the Association of Universities and Colleges of Canada; or
  437  an institution of higher education located outside the United
  438  States and Canada, which at the time the applicant was enrolled
  439  and at the time the applicant graduated maintained a standard of
  440  training substantially equivalent to the standards of training
  441  of those institutions in the United States which are accredited
  442  by a regional accrediting body recognized by the Council for
  443  Higher Education or its successor Commission on Recognition of
  444  Postsecondary Accreditation. Such foreign education and training
  445  must have been received in an institution or program of higher
  446  education officially recognized by the government of the country
  447  in which it is located as an institution or program to train
  448  students to practice as mental health counselors. The burden of
  449  establishing that the requirements of this provision have been
  450  met shall be upon the applicant, and the board shall require
  451  documentation, such as, but not limited to, an evaluation by a
  452  foreign equivalency determination service, as evidence that the
  453  applicant’s graduate degree program and education were
  454  equivalent to an accredited program in this country. Effective
  455  July 1, 2020, an applicant must have a master’s degree
  456  accredited by the Council for Accreditation of Counseling and
  457  Related Educational Programs consisting of at least 60 semester
  458  hours or 80 quarter hours to apply for licensure under this
  459  subsection. The applicant’s graduate program must have
  460  emphasized the common core curricular experience to include at
  461  least 3 semester hours or 4 quarter hours of coursework
  462  specifically addressing the diagnostic process, including
  463  differential diagnosis and the use of the current diagnostic
  464  tools, such as the current edition of the Diagnostic and
  465  Statistical Manual of Mental Disorders.
  466         (c) Has had at least not less than 2 years of clinical
  467  experience in mental health counseling, which must be at the
  468  post-master’s level under the supervision of a licensed mental
  469  health counselor or the equivalent who is a qualified supervisor
  470  as determined by the board. An individual who intends to
  471  practice in Florida to satisfy the clinical experience
  472  requirements must register pursuant to s. 491.0045 before prior
  473  to commencing practice. If a graduate has a master’s degree in
  474  with a major related to the practice of mental health counseling
  475  or a closely related field that did not include all the
  476  coursework required under sub-subparagraph (b)1.a. sub
  477  subparagraphs (b)1.a.-b., credit for the post-master’s level
  478  clinical experience shall not commence until the applicant has
  479  completed a minimum of seven of the courses required under sub
  480  subparagraph (b)1.a. sub-subparagraphs (b)1.a.-b., as determined
  481  by the board, one of which must be a course in psychopathology
  482  or abnormal psychology. A doctoral internship may be applied
  483  toward the clinical experience requirement. A licensed mental
  484  health professional must be on the premises when clinical
  485  services are provided by a registered intern in a private
  486  practice setting. No registered intern may engage in his or her
  487  own independent practice The clinical experience requirement may
  488  be met by work performed on or off the premises of the
  489  supervising mental health counselor or the equivalent, provided
  490  the off-premises work is not the independent private practice
  491  rendering of services that does not have a licensed mental
  492  health professional, as determined by the board, on the premises
  493  at the same time the intern is providing services.
  494         (d) Has passed a theory and practice examination designated
  495  provided by the department for this purpose.
  496         (e) Has demonstrated, in a manner designated by rule of the
  497  board, knowledge of the laws and rules governing the practice of
  498  clinical social work, marriage and family therapy, and mental
  499  health counseling as determined by the board.
  500         (5) INTERNSHIP.—An individual who is registered as an
  501  intern and has satisfied all of the educational requirements for
  502  the profession for which the applicant seeks licensure shall be
  503  certified as having met the educational requirements for
  504  licensure under this section.
  505         (5)(6) RULES.—The board may adopt rules necessary to
  506  implement any education or experience requirement of this
  507  section for licensure as a clinical social worker, marriage and
  508  family therapist, or mental health counselor.
  509         Section 5. Section 491.0057, Florida Statutes, is amended
  510  to read:
  511         491.0057 Dual licensure as a marriage and family
  512  therapist.—
  513         (1) The department shall license as a marriage and family
  514  therapist a any person who demonstrates to the board that he or
  515  she:
  516         (a)(1) Holds a valid, active license as a psychologist
  517  under chapter 490 or as a clinical social worker or mental
  518  health counselor under this chapter, or is certified under s.
  519  464.012 as an advanced registered nurse practitioner who has
  520  been determined by the Board of Nursing as a specialist in
  521  psychiatric mental health.
  522         (b)(2) Has held a valid, active license for at least 3
  523  years.
  524         (c)(3) Has passed the examination provided by the
  525  department for marriage and family therapy.
  526         (2) This section is repealed July 1, 2020.
  527         Section 6. Subsection (1) of section 491.006, Florida
  528  Statutes, is amended to read:
  529         491.006 Licensure or certification by endorsement.—
  530         (1) The department shall license or grant a certificate to
  531  a person in a profession regulated by this chapter who, upon
  532  applying to the department and remitting the appropriate fee,
  533  demonstrates to the board that he or she:
  534         (a) Has demonstrated, in a manner designated by rule of the
  535  board, knowledge of the laws and rules governing the practice of
  536  clinical social work, marriage and family therapy, and mental
  537  health counseling as defined by rule of the board.
  538         (b)1. Holds an active valid license to practice in the
  539  profession for which the applicant seeks licensure and has
  540  actively practiced the profession for which licensure is applied
  541  in another state for 3 of the last 5 years immediately preceding
  542  licensure.
  543         2. Meets the education requirements of this chapter for the
  544  profession for which licensure is applied or has demonstrated
  545  proof of substantially equivalent education as defined by rule
  546  of the board.
  547         3. Has passed the licensure examination designated by the
  548  board or has passed a substantially equivalent licensing
  549  examination in another state for the profession which the
  550  applicant seeks licensure a substantially equivalent licensing
  551  examination in another state or has passed the licensure
  552  examination in this state in the profession for which the
  553  applicant seeks licensure.
  554         4. Holds a license in good standing, is not under
  555  investigation for an act that would constitute a violation of
  556  this chapter, and has not been found to have committed any act
  557  that would constitute a violation of this chapter. The fees paid
  558  by any applicant for certification as a master social worker
  559  under this section are nonrefundable.
  560         Section 7. Subsections (2) and (3) of section 491.007,
  561  Florida Statutes, are amended to read:
  562         491.007 Renewal of license, registration, or certificate.—
  563         (2) Each applicant for renewal shall present satisfactory
  564  evidence that, in the period since the license or certificate
  565  was issued, the applicant has completed continuing education
  566  requirements set by rule of the board or department. The board
  567  may not require Not more than 25 classroom hours of continuing
  568  education per year shall be required. A certified master social
  569  worker is exempt from the continuing education requirements for
  570  the first renewal of the certificate.
  571         (3) The board or department shall prescribe by rule a
  572  method for the biennial renewal of an intern registration at a
  573  fee set by rule, not to exceed $100.
  574         Section 8. Paragraph (c) of subsection (1) and subsection
  575  (2) of section 491.009, Florida Statutes, are amended to read:
  576         491.009 Discipline.—
  577         (1) The following acts constitute grounds for denial of a
  578  license or disciplinary action, as specified in s. 456.072(2):
  579         (c) Being convicted or found guilty of, or entering
  580  regardless of adjudication, or having entered a plea of nolo
  581  contendere to, a crime in any jurisdiction which directly
  582  relates to the practice of his or her profession or the ability
  583  to practice his or her profession, regardless of adjudication.
  584  However, in the case of a plea of nolo contendere, the board
  585  shall allow the person who is the subject of the disciplinary
  586  proceeding to present evidence in mitigation relevant to the
  587  underlying charges and circumstances surrounding the plea.
  588         (2) The board department, or, in the case of certified
  589  master social workers psychologists, the department board, may
  590  enter an order denying licensure or imposing any of the
  591  penalties in s. 456.072(2) against any applicant for licensure
  592  or licensee who is found guilty of violating any provision of
  593  subsection (1) of this section or who is found guilty of
  594  violating any provision of s. 456.072(1).
  595         Section 9. Subsection (1) of section 491.0112, Florida
  596  Statutes, is amended to read:
  597         491.0112 Sexual misconduct by a psychotherapist;
  598  penalties.—
  599         (1) Any psychotherapist who commits sexual misconduct with
  600  a client, or former client when the professional relationship
  601  was terminated primarily for the purpose of engaging in sexual
  602  contact, commits a felony of the third degree, punishable as
  603  provided in s. 775.082 or s. 775.083; however, a second or
  604  subsequent offense is a felony of the second degree, punishable
  605  as provided in s. 775.082, s. 775.083, or s. 775.084.
  606         Section 10. Paragraphs (c) and (n) of subsection (1) of
  607  section 491.012, Florida Statutes, are amended to read:
  608         491.012 Violations; penalty; injunction.—
  609         (1) It is unlawful and a violation of this chapter for any
  610  person to:
  611         (c) Use the following titles or any combination thereof,
  612  unless she or he holds a valid, active license as a mental
  613  health counselor issued pursuant to this chapter:
  614         1. “Licensed mental health counselor.”
  615         2. “Mental health counselor.”
  616         3. “Mental health therapist.”
  617         4. “Mental health consultant.”
  618         5. “Mental health counselor coach.”
  619         (n) Effective October 1, 2000, Practice juvenile sexual
  620  offender therapy in this state, as the practice is defined in s.
  621  491.0144, for compensation, unless the person holds an active
  622  license issued under this chapter and meets the requirements to
  623  practice juvenile sexual offender therapy. An unlicensed person
  624  may be employed by a program operated by or under contract with
  625  the Department of Juvenile Justice or the Department of Children
  626  and Families Family Services if the program employs a
  627  professional who is licensed under chapter 458, chapter 459, s.
  628  490.0145, or s. 491.0144 who manages or supervises the treatment
  629  services.
  630         Section 11. Section 491.0145, Florida Statutes, is amended
  631  to read:
  632         491.0145 Certified master social worker.—
  633         (1) The department may certify an applicant for a
  634  designation as a certified master social worker upon the
  635  following conditions:
  636         (a)(1) The applicant completes an application to be
  637  provided by the department and pays a nonrefundable fee not to
  638  exceed $250 to be established by rule of the department. The
  639  completed application must be received by the department at
  640  least 60 days before the date of the examination in order for
  641  the applicant to qualify to take the scheduled exam.
  642         (b)(2) The applicant submits proof satisfactory to the
  643  department that the applicant has received a doctoral degree in
  644  social work, or a master’s degree with a major emphasis or
  645  specialty in clinical practice or administration, including, but
  646  not limited to, agency administration and supervision, program
  647  planning and evaluation, staff development, research, community
  648  organization, community services, social planning, and human
  649  service advocacy. Doctoral degrees must have been received from
  650  a graduate school of social work which at the time the applicant
  651  was enrolled and graduated was accredited by an accrediting
  652  agency approved by the United States Department of Education.
  653  Master’s degrees must have been received from a graduate school
  654  of social work which at the time the applicant was enrolled and
  655  graduated was accredited by the Council on Social Work Education
  656  or the Canadian Association of Schools of Social Work or by one
  657  that meets comparable standards.
  658         (c)(3) The applicant has had at least 3 years’ experience,
  659  as defined by rule, including, but not limited to, clinical
  660  services or administrative activities as defined in paragraph
  661  (b) subsection (2), 2 years of which must be at the post
  662  master’s level under the supervision of a person who meets the
  663  education and experience requirements for certification as a
  664  certified master social worker, as defined by rule, or licensure
  665  as a clinical social worker under this chapter. A doctoral
  666  internship may be applied toward the supervision requirement.
  667         (d)(4) Any person who holds a master’s degree in social
  668  work from an institution institutions outside the United States
  669  may apply to the department for certification if the academic
  670  training in social work has been evaluated as equivalent to a
  671  degree from a school accredited by the Council on Social Work
  672  Education. Any such person shall submit a copy of the academic
  673  training from the Foreign Equivalency Determination Service of
  674  the Council on Social Work Education.
  675         (e)(5) The applicant has passed an examination required by
  676  the department for this purpose. The nonrefundable fee for such
  677  examination may not exceed $250 as set by department rule.
  678         (2) A certified master social worker is exempt from the
  679  continuing education requirements for the first renewal of the
  680  certificate.
  681         (3)(6)Nothing in This chapter does not shall be construed
  682  to authorize a certified master social worker to provide
  683  clinical social work services.
  684         Section 12. Section 491.0149, Florida Statutes, is amended
  685  to read:
  686         491.0149 Display of license; use of professional title on
  687  promotional materials.—
  688         (1)(a) A person licensed under this chapter as a clinical
  689  social worker, marriage and family therapist, or mental health
  690  counselor, or certified as a master social worker shall
  691  conspicuously display the valid license issued by the department
  692  or a true copy thereof at each location at which the licensee
  693  practices his or her profession.
  694         (b)1. A licensed clinical social worker shall include the
  695  words “licensed clinical social worker” or the letters “LCSW” on
  696  all promotional materials, including cards, brochures,
  697  stationery, advertisements, and signs, and social media, naming
  698  the licensee.
  699         2. A licensed marriage and family therapist shall include
  700  the words “licensed marriage and family therapist” or the
  701  letters “LMFT” on all promotional materials, including cards,
  702  brochures, stationery, advertisements, and signs, and social
  703  media, naming the licensee.
  704         3. A licensed mental health counselor shall include the
  705  words “licensed mental health counselor” or the letters “LMHC”
  706  on all promotional materials, including cards, brochures,
  707  stationery, advertisements, and signs, and social media, naming
  708  the licensee.
  709         (2)(a) A person registered under this chapter as a clinical
  710  social worker intern, marriage and family therapist intern, or
  711  mental health counselor intern shall conspicuously display the
  712  valid registration issued by the department or a true copy
  713  thereof at each location at which the registered intern is
  714  completing the experience requirements.
  715         (b) A registered clinical social worker intern shall
  716  include the words “registered clinical social worker intern,” a
  717  registered marriage and family therapist intern shall include
  718  the words “registered marriage and family therapist intern,” and
  719  a registered mental health counselor intern shall include the
  720  words “registered mental health counselor intern” on all
  721  records, reports, and promotional materials, including cards,
  722  brochures, stationery, advertisements, and signs, and social
  723  media, naming the registered intern.
  724         (3)(a) A person provisionally licensed under this chapter
  725  as a provisional clinical social worker licensee, provisional
  726  marriage and family therapist licensee, or provisional mental
  727  health counselor licensee shall conspicuously display the valid
  728  provisional license issued by the department or a true copy
  729  thereof at each location at which the provisional licensee is
  730  providing services.
  731         (b) A provisional clinical social worker licensee shall
  732  include the words “provisional clinical social worker licensee,”
  733  a provisional marriage and family therapist licensee shall
  734  include the words “provisional marriage and family therapist
  735  licensee,” and a provisional mental health counselor licensee
  736  shall include the words “provisional mental health counselor
  737  licensee” on all promotional materials, including cards,
  738  brochures, stationery, advertisements, and signs, and social
  739  media, naming the provisional licensee.
  740         Section 13. Section 491.017, Florida Statutes, is created
  741  to read:
  742         491.017 Parenting plan recommendation; presumption of good
  743  faith; prerequisite to parent’s filing suit; award of fees,
  744  costs, reimbursement.—
  745         (1) A mental health professional licensed under this
  746  chapter who has been appointed by the court to develop a
  747  parenting plan recommendation in a dissolution of marriage, a
  748  case of domestic violence, or a paternity matter involving the
  749  relationship of a child and a parent, including time-sharing of
  750  children, is presumed to be acting in good faith if the mental
  751  health professional’s recommendation has been reached under
  752  standards that a reasonable mental health professional would use
  753  to develop a parenting plan recommendation.
  754         (2) An administrative complaint against a court-appointed
  755  mental health professional which relates to a parenting plan
  756  recommendation developed by the mental health professional may
  757  not be filed anonymously. The individual who files an
  758  administrative complaint must include in the complaint his or
  759  her name, address, and telephone number.
  760         (3) A parent who desires to file a legal action against a
  761  court-appointed mental health professional who has acted in good
  762  faith in developing a parenting plan recommendation must
  763  petition the judge who presided over the dissolution of
  764  marriage, case of domestic violence, or paternity matter
  765  involving the relationship of a child and a parent, including
  766  time-sharing of children, to appoint another mental health
  767  professional. Upon the parent’s showing of good cause, the court
  768  shall appoint another mental health professional. The court
  769  shall determine who is responsible for all court costs and
  770  attorney fees associated with making such an appointment.
  771         (4) If a legal action, whether it be a civil action, a
  772  criminal action, or an administrative proceeding, is filed
  773  against a court-appointed mental health professional in a
  774  dissolution of marriage, case of domestic violence, or paternity
  775  matter involving the relationship of a child and a parent,
  776  including time-sharing of children, the claimant is responsible
  777  for all reasonable costs and reasonable attorney fees associated
  778  with the action for both parties if the mental health
  779  professional is held not liable. If the mental health
  780  professional is held liable in civil court, the mental health
  781  professional must pay all reasonable costs and reasonable
  782  attorney fees for the claimant.
  783         Section 14. This act shall take effect July 1, 2013.
  784  
  785  ================= T I T L E  A M E N D M E N T ================
  786         And the title is amended as follows:
  787         Delete everything before the enacting clause
  788  and insert:
  789                        A bill to be entitled                      
  790         An act relating to clinical, counseling, and
  791         psychotherapy services; amending s. 491.004, F.S.;
  792         deleting an obsolete provision; conforming provisions;
  793         amending s. 491.0045, F.S.; requiring registered
  794         interns to remain under supervision while maintaining
  795         registered intern status; providing for noncompliance;
  796         providing for the expiration of intern registrations
  797         and registered intern licenses; prohibiting specified
  798         persons from applying for an intern registration;
  799         amending s. 491.0046, F.S.; correcting cross
  800         references; prohibiting specified persons from
  801         applying for a provisional license; amending s.
  802         491.005, F.S.; revising the requirements for a
  803         clinical social worker license, a marriage and family
  804         therapist license, and a mental health counselor
  805         license; deleting a provision requiring certain
  806         registered interns to be certified as having met
  807         specified licensure requirements; amending s.
  808         491.0057, F.S.; providing for future repeal of
  809         provisions providing for dual licensure as a marriage
  810         and family therapist; amending s. 491.006, F.S.;
  811         revising requirements of licensure or certification by
  812         endorsement; amending s. 491.007, F.S.; deleting a
  813         provision providing certified master social workers a
  814         limited exemption from continuing education
  815         requirements; deleting a provision requiring the Board
  816         of Clinical Social Work, Marriage and Family Therapy,
  817         and Mental Health Counseling to establish a procedure
  818         for the biennial renewal of intern registrations;
  819         amending s. 491.009, F.S.; revising acts constituting
  820         grounds for the denial of a license or disciplinary
  821         action; authorizing the board and the Department of
  822         Health to deny licensure or impose specified penalties
  823         against an applicant or licensee for certain
  824         violations; amending s. 491.0112, F.S.; revising a
  825         provision providing that a psychotherapist who commits
  826         sexual misconduct with a client or former client
  827         commits a felony of the third degree; amending s.
  828         491.012, F.S.; prohibiting a person from using the
  829         title “mental health counselor coach” without a valid
  830         mental health counselor license; deleting an obsolete
  831         provision; amending s. 491.0145, F.S.; providing
  832         certified master social workers a limited exemption
  833         from continuing education requirements; amending s.
  834         491.0149, F.S.; requiring the use of applicable
  835         professional titles by licensees, provisional
  836         licensees, and registrants on social media and other
  837         specified materials; creating s. 491.017, F.S.;
  838         providing a presumption of good faith for the actions
  839         of a court-appointed mental health professional who
  840         develops a parenting plan recommendation; prohibiting
  841         anonymous complaints; providing prerequisites for a
  842         parent to bring a suit against a mental health
  843         professional; providing for the awarding of attorney
  844         fees and court costs; providing an effective date.