Florida Senate - 2013                                    SB 1368
       
       
       
       By Senator Ring
       
       
       
       
       29-01120-13                                           20131368__
    1                        A bill to be entitled                      
    2         An act relating to clinical, counseling, and
    3         psychotherapy services; amending s. 491.004, F.S.;
    4         deleting an obsolete provision; conforming provisions;
    5         amending s. 491.0045, F.S.; requiring registered
    6         interns to remain under supervision while maintaining
    7         registered intern status; providing for noncompliance;
    8         providing for the expiration of intern registrations
    9         and registered intern licenses; prohibiting specified
   10         persons from applying for an intern registration;
   11         amending s. 491.0046, F.S.; correcting cross
   12         references; prohibiting specified persons from
   13         applying for a provisional license; amending s.
   14         491.005, F.S.; revising the requirements for a
   15         clinical social worker license, a marriage and family
   16         therapist license, and a mental health counselor
   17         license; deleting a provision requiring certain
   18         registered interns to be certified as having met
   19         specified licensure requirements; amending s.
   20         491.0057, F.S.; providing for future repeal of
   21         provisions providing for dual licensure as a marriage
   22         and family therapist; amending s. 491.006, F.S.;
   23         revising requirements of licensure or certification by
   24         endorsement; amending s. 491.007, F.S.; deleting a
   25         provision providing certified master social workers a
   26         limited exemption from continuing education
   27         requirements; deleting a provision requiring the Board
   28         of Clinical Social Work, Marriage and Family Therapy,
   29         and Mental Health Counseling to establish a procedure
   30         for the biennial renewal of intern registrations;
   31         amending s. 491.009, F.S.; revising acts constituting
   32         grounds for the denial of a license or disciplinary
   33         action; authorizing the board and the Department of
   34         Health to deny licensure or impose specified penalties
   35         against an applicant or licensee for certain
   36         violations; amending s. 491.0112, F.S.; revising a
   37         provision providing that a psychotherapist who commits
   38         sexual misconduct with a client or former client
   39         commits a felony of the third degree; amending s.
   40         491.012, F.S.; prohibiting a person from using the
   41         title “mental health counselor coach” without a valid
   42         mental health counselor license; deleting an obsolete
   43         provision; amending s. 491.0145, F.S.; providing
   44         certified master social workers a limited exemption
   45         from continuing education requirements; amending s.
   46         491.0149, F.S.; requiring the use of applicable
   47         professional titles by licensees, provisional
   48         licensees, and registrants on social media and other
   49         specified materials; creating s. 491.017, F.S.;
   50         providing a presumption of good faith for the actions
   51         of a court-appointed mental health professional who
   52         develops a parenting plan recommendation; prohibiting
   53         anonymous complaints; providing prerequisites for a
   54         parent to bring a suit against a mental health
   55         professional; providing for the awarding of attorney
   56         fees and court costs; providing an effective date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Subsections (3) through (7) of section 491.004,
   61  Florida Statutes, are amended to read:
   62         491.004 Board of Clinical Social Work, Marriage and Family
   63  Therapy, and Mental Health Counseling.—
   64         (3) No later than January 1, 1988, the Governor shall
   65  appoint nine members of the board as follows:
   66         (a) Three members for terms of 2 years each.
   67         (b) Three members for terms of 3 years each.
   68         (c) Three members for terms of 4 years each.
   69         (3)(4) As the terms of the initial members expire, the
   70  Governor shall appoint successors for terms of 4 years; and
   71  those members shall serve until their successors are appointed.
   72         (4)(5) The board shall adopt rules pursuant to ss.
   73  120.536(1) and 120.54 to implement and enforce the provisions of
   74  this chapter.
   75         (5)(6) All applicable provisions of chapter 456 relating to
   76  activities of regulatory boards shall apply to the board.
   77         (6)(7) The board shall maintain its official headquarters
   78  in the City of Tallahassee.
   79         Section 2. Section 491.0045, Florida Statutes, is amended
   80  to read:
   81         491.0045 Intern registration; requirements.—
   82         (1) Effective January 1, 1998, An individual who has not
   83  satisfied intends to practice in Florida to satisfy the
   84  postgraduate or post-master’s level experience requirements, as
   85  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
   86  as an intern in the profession for which he or she is seeking
   87  licensure before prior to commencing the post-master’s
   88  experience requirement. or An individual who intends to satisfy
   89  part of the required graduate-level practicum, internship, or
   90  field experience, outside the academic arena for any profession,
   91  must register as an intern in the profession for which he or she
   92  is seeking licensure before prior to commencing the practicum,
   93  internship, or field experience.
   94         (2) The department shall register as a clinical social
   95  worker intern, marriage and family therapist intern, or mental
   96  health counselor intern each applicant who the board certifies
   97  has:
   98         (a) Completed the application form and remitted a
   99  nonrefundable application fee not to exceed $200, as set by
  100  board rule;
  101         (b)1. Completed the education requirements as specified in
  102  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
  103  he or she is applying for licensure, if needed; and
  104         2. Submitted an acceptable supervision plan, as determined
  105  by the board, for meeting the practicum, internship, or field
  106  work required for licensure that was not satisfied in his or her
  107  graduate program.
  108         (c) Identified a qualified supervisor.
  109         (3) An individual registered under this section must remain
  110  under supervision while practicing under registered intern
  111  status until he or she is in receipt of a license or a letter
  112  from the department stating that he or she is licensed to
  113  practice the profession for which he or she applied.
  114         (4) An individual who has applied for intern registration
  115  on or before December 31, 2001, and has satisfied the education
  116  requirements of s. 491.005 that are in effect through December
  117  31, 2000, will have met the educational requirements for
  118  licensure for the profession for which he or she has applied.
  119         (4)(5)Individuals who have commenced the experience
  120  requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c)
  121  but failed to register as required by subsection (1) shall
  122  register with the department before January 1, 2000. Individuals
  123  who fail to comply with this section subsection shall not be
  124  granted a license under this chapter, and any time spent by the
  125  individual completing the experience requirement as specified in
  126  s. 491.005(1)(c), (3)(c), or (4)(c) before prior to registering
  127  as an intern shall not count toward completion of the such
  128  requirement.
  129         (5) Intern registration shall be valid for 5 years. Any
  130  subsequent intern registration shall be as a result of applying
  131  for and meeting all requirements imposed on an applicant for
  132  initial registration.
  133         (6) A registered intern license issued before July 1, 2013,
  134  shall expire 60 months after the date it was issued and may not
  135  be renewed or reissued. Any subsequent intern registration shall
  136  be issued at the discretion of the board.
  137         (7) A person who has held a provisional license issued by
  138  the board may not apply for an intern registration in the same
  139  profession.
  140         Section 3. Paragraph (c) of subsection (2) of section
  141  491.0046, Florida Statutes, is amended, and subsection (5) is
  142  added to that section, to read:
  143         491.0046 Provisional license; requirements.—
  144         (2) The department shall issue a provisional clinical
  145  social worker license, provisional marriage and family therapist
  146  license, or provisional mental health counselor license to each
  147  applicant who the board certifies has:
  148         (c) Has met the following minimum coursework requirements:
  149         1. For clinical social work, a minimum of 15 semester hours
  150  or 22 quarter hours of the coursework required by s.
  151  491.005(1)(b)2.b.
  152         2. For marriage and family therapy, 10 of the courses
  153  required by s. 491.005(3)(b)1.a. 491.005(3)(b)1.a.-c., as
  154  determined by the board, and at least 6 semester hours or 9
  155  quarter hours of the course credits must have been completed in
  156  the area of marriage and family systems, theories, or
  157  techniques.
  158         3. For mental health counseling, a minimum of seven of the
  159  courses required under s. 491.005(4)(b)1.a. 491.005(b)1.a.-c.
  160         (5) A person who has held an intern registration issued by
  161  the board may not apply for a provisional license in the same
  162  profession.
  163         Section 4. Section 491.005, Florida Statutes, is amended to
  164  read:
  165         491.005 Licensure by examination.—
  166         (1) CLINICAL SOCIAL WORK.—Upon verification of
  167  documentation and payment of a fee not to exceed $200, as set by
  168  board rule, plus the actual per applicant cost to the department
  169  for purchase of the examination from the American Association of
  170  State Social Worker’s Boards or a similar national organization,
  171  the department shall issue a license as a clinical social worker
  172  to an applicant who the board certifies:
  173         (a) Has submitted an made application therefor and paid the
  174  appropriate fee.
  175         (b)1. Has received a doctoral degree in social work from a
  176  graduate school of social work which at the time the applicant
  177  graduated was accredited by an accrediting agency recognized by
  178  the United States Department of Education or has received a
  179  master’s degree in social work from a graduate school of social
  180  work which at the time the applicant graduated:
  181         a. Was accredited by the Council on Social Work Education;
  182         b. Was accredited by the Canadian Association of Schools of
  183  Social Work; or
  184         c. Has been determined to have been a program equivalent to
  185  programs approved by the Council on Social Work Education by the
  186  Foreign Equivalency Determination Service of the Council on
  187  Social Work Education. An applicant who graduated from a program
  188  at a university or college outside of the United States or
  189  Canada must present documentation of the equivalency
  190  determination from the council in order to qualify.
  191         2. The applicant’s graduate program must have emphasized
  192  direct clinical patient or client health care services,
  193  including, but not limited to, coursework in clinical social
  194  work, psychiatric social work, medical social work, social
  195  casework, psychotherapy, or group therapy. The applicant’s
  196  graduate program must have included all of the following
  197  coursework:
  198         a. A supervised field placement which was part of the
  199  applicant’s advanced concentration in direct practice, during
  200  which the applicant provided clinical services directly to
  201  clients.
  202         b. Completion of 24 semester hours or 32 quarter hours in
  203  theory of human behavior and practice methods as courses in
  204  clinically oriented services, including a minimum of one course
  205  in psychopathology, and no more than one course in research,
  206  taken in a school of social work accredited or approved pursuant
  207  to subparagraph 1.
  208         3. If the course title which appears on the applicant’s
  209  transcript does not clearly identify the content of the
  210  coursework, the applicant shall be required to provide
  211  additional documentation, including, but not limited to, a
  212  syllabus or catalog description published for the course.
  213         (c) Has had at least not less than 2 years of clinical
  214  social work experience, which took place subsequent to
  215  completion of a graduate degree in social work at an institution
  216  meeting the accreditation requirements of this section, under
  217  the supervision of a licensed clinical social worker or the
  218  equivalent who is a qualified supervisor as determined by the
  219  board. An individual who intends to practice in Florida to
  220  satisfy clinical experience requirements must register pursuant
  221  to s. 491.0045 before prior to commencing practice. If the
  222  applicant’s graduate program was not a program which emphasized
  223  direct clinical patient or client health care services as
  224  described in subparagraph (b)2., the supervised experience
  225  requirement must take place after the applicant has completed a
  226  minimum of 15 semester hours or 22 quarter hours of the
  227  coursework required. A doctoral internship may be applied toward
  228  the clinical social work experience requirement. A licensed
  229  mental health professional must be on the premises when clinical
  230  services are provided by a registered intern in a private
  231  practice setting. A registered intern may not engage in his or
  232  her own independent private practice. The experience requirement
  233  may be met by work performed on or off the premises of the
  234  supervising clinical social worker or the equivalent, provided
  235  the off-premises work is not the independent private practice
  236  rendering of clinical social work that does not have a licensed
  237  mental health professional, as determined by the board, on the
  238  premises at the same time the intern is providing services.
  239         (d) Has passed a theory and practice examination provided
  240  by the department for this purpose.
  241         (e) Has demonstrated, in a manner designated by rule of the
  242  board, knowledge of the laws and rules governing the practice of
  243  clinical social work, marriage and family therapy, and mental
  244  health counseling.
  245         (2) CLINICAL SOCIAL WORK.—
  246         (a) Notwithstanding the provisions of paragraph (1)(b),
  247  coursework which was taken at a baccalaureate level shall not be
  248  considered toward completion of education requirements for
  249  licensure unless an official of the graduate program certifies
  250  in writing on the graduate school’s stationery that a specific
  251  course, which students enrolled in the same graduate program
  252  were ordinarily required to complete at the graduate level, was
  253  waived or exempted based on completion of a similar course at
  254  the baccalaureate level. If this condition is met, the board
  255  shall apply the baccalaureate course named toward the education
  256  requirements.
  257         (b) An applicant from a master’s or doctoral program in
  258  social work which did not emphasize direct patient or client
  259  services may complete the clinical curriculum content
  260  requirement by returning to a graduate program accredited by the
  261  Council on Social Work Education or the Canadian Association of
  262  Schools of Social Work, or to a clinical social work graduate
  263  program with comparable standards, in order to complete the
  264  education requirements for examination. However, a maximum of 6
  265  semester or 9 quarter hours of the clinical curriculum content
  266  requirement may be completed by credit awarded for independent
  267  study coursework as defined by board rule.
  268         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  269  documentation and payment of a fee not to exceed $200, as set by
  270  board rule, plus the actual cost to the department for the
  271  purchase of the examination from the Association of Marital and
  272  Family Therapy Regulatory Board, or its successor similar
  273  national organization, the department shall issue a license as a
  274  marriage and family therapist to an applicant who the board
  275  certifies:
  276         (a) Has submitted an made application therefor and paid the
  277  appropriate fee.
  278         (b)1. Has a minimum of a master’s degree from a program
  279  accredited by the Commission on Accreditation for Marriage and
  280  Family Therapy Education, from a mental health counseling
  281  program with a marriage and family track from a university in
  282  this state accredited by the Council for the Accreditation of
  283  Counseling and Related Educational Programs, from a program
  284  accepted by the board as meeting these coursework requirements
  285  with major emphasis in marriage and family therapy, or a program
  286  in a closely related field as determined by the board, and has
  287  completed all of the following requirements:
  288         a. Sixty Thirty-six semester hours or 80 48 quarter hours
  289  of graduate coursework, which must include a minimum of 3
  290  semester hours or 4 quarter hours of graduate-level coursework
  291  course credits in each of the following nine areas: dynamics of
  292  marriage and family systems; marriage therapy and counseling
  293  theory and techniques; family therapy and counseling theory and
  294  techniques; individual human development theories throughout the
  295  life cycle; personality theory or general counseling theory and
  296  techniques; psychopathology; human sexuality theory and
  297  counseling techniques; psychosocial theory; and substance abuse
  298  theory and counseling techniques; legal, ethical, and
  299  professional standards issues in the practice of marriage and
  300  family therapy; individual evaluation, assessment, and testing;
  301  and behavioral research which focuses on the interpretation and
  302  application of research data as it applies to clinical practice.
  303  Courses in research, evaluation, appraisal, assessment, or
  304  testing theories and procedures; thesis or dissertation work; or
  305  practicums, internships, or fieldwork may not be applied toward
  306  this requirement.
  307         b. A minimum of one graduate-level course of 3 semester
  308  hours or 4 quarter hours in legal, ethical, and professional
  309  standards issues in the practice of marriage and family therapy
  310  or a course determined by the board to be equivalent.
  311         c. A minimum of one graduate-level course of 3 semester
  312  hours or 4 quarter hours in diagnosis, appraisal, assessment,
  313  and testing for individual or interpersonal disorder or
  314  dysfunction; and a minimum of one 3-semester-hour or 4-quarter
  315  hour graduate-level course in behavioral research which focuses
  316  on the interpretation and application of research data as it
  317  applies to clinical practice. Credit for thesis or dissertation
  318  work, practicums, internships, or fieldwork may not be applied
  319  toward this requirement.
  320         d. A minimum of one supervised clinical practicum,
  321  internship, or field experience in a marriage and family
  322  counseling setting, during which the student provided 400 180
  323  direct client contact hours of marriage and family therapy
  324  services under the supervision of an individual who met the
  325  requirements for supervision under paragraph (c). This
  326  requirement may be met by a supervised practice experience which
  327  took place outside the academic arena, but which is certified as
  328  equivalent to a graduate-level practicum or internship program
  329  which required a minimum of 400 180 direct client contact hours
  330  of marriage and family therapy services currently offered within
  331  an academic program of a college or university accredited by an
  332  accrediting agency approved by the United States Department of
  333  Education, or an institution which is publicly recognized as a
  334  member in good standing with the Association of Universities and
  335  Colleges of Canada or a training institution accredited by the
  336  Commission on Accreditation for Marriage and Family Therapy
  337  Education recognized by the United States Department of
  338  Education. Certification shall be required from an official of
  339  such college, university, or training institution.
  340         2. If the course title which appears on the applicant’s
  341  transcript does not clearly identify the content of the
  342  coursework, the applicant shall be required to provide
  343  additional documentation, including, but not limited to, a
  344  syllabus or catalog description published for the course.
  345  
  346  The required master’s degree must have been received in an
  347  institution of higher education which at the time the applicant
  348  graduated was: fully accredited by a regional accrediting body
  349  recognized by the Commission on Recognition of Postsecondary
  350  Accreditation; publicly recognized as a member in good standing
  351  with the Association of Universities and Colleges of Canada; or
  352  an institution of higher education located outside the United
  353  States and Canada, which at the time the applicant was enrolled
  354  and at the time the applicant graduated maintained a standard of
  355  training substantially equivalent to the standards of training
  356  of those institutions in the United States which are accredited
  357  by a regional accrediting body recognized by the Commission on
  358  Recognition of Postsecondary Accreditation. Such foreign
  359  education and training must have been received in an institution
  360  or program of higher education officially recognized by the
  361  government of the country in which it is located as an
  362  institution or program to train students to practice as
  363  professional marriage and family therapists or psychotherapists.
  364  The burden of establishing that the requirements of this
  365  provision have been met shall be upon the applicant, and the
  366  board shall require documentation, such as, but not limited to,
  367  an evaluation by a foreign equivalency determination service, as
  368  evidence that the applicant’s graduate degree program and
  369  education were equivalent to an accredited program in this
  370  country. An applicant with a master’s degree from a program
  371  which did not emphasize marriage and family therapy may complete
  372  the coursework requirement in a training institution fully
  373  accredited by the Commission on Accreditation for Marriage and
  374  Family Therapy Education recognized by the United States
  375  Department of Education.
  376         (c) Has had at least not less than 2 years of clinical
  377  experience during which 50 percent of the applicant’s clients
  378  were receiving marriage and family therapy services, which must
  379  be at the post-master’s level under the supervision of a
  380  licensed marriage and family therapist with at least 5 years of
  381  experience, or the equivalent, who is a qualified supervisor as
  382  determined by the board. An individual who intends to practice
  383  in Florida to satisfy the clinical experience requirements must
  384  register pursuant to s. 491.0045 before prior to commencing
  385  practice. If a graduate has a master’s degree with a major
  386  emphasis in marriage and family therapy or a closely related
  387  field that did not include all the coursework required under
  388  sub-subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., credit
  389  for the post-master’s level clinical experience shall not
  390  commence until the applicant has completed coursework in at
  391  least a minimum of 10 of the areas courses required under sub
  392  subparagraph (b)1.a. sub-subparagraphs (b)1.a.-c., as determined
  393  by the board, and at least 6 semester hours or 9 quarter hours
  394  of the course credits must have been completed in the area of
  395  marriage and family systems, theories, or techniques. Within the
  396  2 3 years of required experience, the applicant shall provide
  397  direct individual, group, or family therapy and counseling, to
  398  include the following categories of cases: unmarried dyads,
  399  married couples, separating and divorcing couples, and family
  400  groups including children. A doctoral internship may be applied
  401  toward the clinical experience requirement. A licensed mental
  402  health professional must be on the premises when clinical
  403  services are provided by a registered intern in a private
  404  practice setting. A registered intern may not engage in his or
  405  her own independent private practice The clinical experience
  406  requirement may be met by work performed on or off the premises
  407  of the supervising marriage and family therapist or the
  408  equivalent, provided the off-premises work is not the
  409  independent private practice rendering of marriage and family
  410  therapy services that does not have a licensed mental health
  411  professional, as determined by the board, on the premises at the
  412  same time the intern is providing services.
  413         (d) Has passed a theory and practice examination designated
  414  provided by the board department for this purpose.
  415         (e) Has demonstrated, in a manner designated by rule of the
  416  board, knowledge of the laws and rules governing the practice of
  417  clinical social work, marriage and family therapy, and mental
  418  health counseling as determined by the board.
  419         (f) For the purposes of dual licensure, the department
  420  shall license as a marriage and family therapist any person who
  421  meets the requirements of s. 491.0057. Fees for dual licensure
  422  shall not exceed those stated in this subsection. This paragraph
  423  expires July 1, 2020.
  424         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  425  documentation and payment of a fee not to exceed $200, as set by
  426  board rule, plus the actual per applicant cost to the department
  427  for purchase of the National Clinical Mental Health Counselor
  428  Examination from the Professional Examination Service for the
  429  National Academy of Certified Clinical Mental Health Counselors
  430  or a similar national organization, an examination managed by
  431  the National Board of Certified Counselors or its successor, the
  432  department shall issue a license as a mental health counselor to
  433  an applicant who the board certifies:
  434         (a) Has submitted an made application therefor and paid the
  435  appropriate fee.
  436         (b)1. Has a minimum of an earned master’s degree from a
  437  mental health counseling program accredited by the Council for
  438  the Accreditation of Counseling and Related Educational Programs
  439  that consists of at least 60 semester hours or 80 quarter hours
  440  of clinical and didactic instruction, including a course in
  441  human sexuality and a course in substance abuse. If the master’s
  442  degree is earned from a program related to the practice of
  443  mental health counseling that is not accredited by the Council
  444  for the Accreditation of Counseling and Related Educational
  445  Programs, then the coursework and practicum, internship, or
  446  fieldwork must consist of at least 60 semester hours or 80
  447  quarter hours and meet the following requirements:
  448         a. Thirty-three semester hours or 44 quarter hours of
  449  graduate coursework, which must include a minimum of 3 semester
  450  hours or 4 quarter hours of graduate-level coursework in each of
  451  the following 11 content areas: counseling theories and
  452  practice; human growth and development; diagnosis and treatment
  453  of psychopathology; human sexuality; group theories and
  454  practice; individual evaluation and assessment; career and
  455  lifestyle assessment; research and program evaluation; social
  456  and cultural foundations; counseling in community settings; and
  457  substance abuse; and legal, ethical, and professional standards
  458  issues in the practice of mental health counseling. Courses in
  459  research, thesis or dissertation work, practicums, internships,
  460  or fieldwork may not be applied toward this requirement.
  461         b. The applicant’s graduate program must have emphasized
  462  the common core curricular experience to include at least 3
  463  semester hours or 4 quarter hours of coursework specifically
  464  addressing the diagnostic process, including differential
  465  diagnosis and the use of the current diagnostic tools, such as
  466  the current edition of the Diagnostic and Statistical Manual of
  467  Mental Disorders A minimum of 3 semester hours or 4 quarter
  468  hours of graduate-level coursework in legal, ethical, and
  469  professional standards issues in the practice of mental health
  470  counseling, which includes goals, objectives, and practices of
  471  professional counseling organizations, codes of ethics, legal
  472  considerations, standards of preparation, certifications and
  473  licensing, and the role identity and professional obligations of
  474  mental health counselors. Courses in research, thesis or
  475  dissertation work, practicums, internships, or fieldwork may not
  476  be applied toward this requirement.
  477         c. The equivalent, as determined by the board, of at least
  478  700 1,000 hours of university-sponsored supervised clinical
  479  practicum, internship, or field experience that includes at
  480  least 280 hours of direct client services, as required in the
  481  accrediting standards of the Council for Accreditation of
  482  Counseling and Related Educational Programs for mental health
  483  counseling programs. This experience may not be used to satisfy
  484  the post-master’s clinical experience requirement.
  485         2. If the course title which appears on the applicant’s
  486  transcript does not clearly identify the content of the
  487  coursework, the applicant shall be required to provide
  488  additional documentation, including, but not limited to, a
  489  syllabus or catalog description published for the course.
  490  
  491  Education and training in mental health counseling must have
  492  been received in an institution of higher education which at the
  493  time the applicant graduated was: fully accredited by a regional
  494  accrediting body recognized by the Council for Higher Education
  495  or its successor Commission on Recognition of Postsecondary
  496  Accreditation; publicly recognized as a member in good standing
  497  with the Association of Universities and Colleges of Canada; or
  498  an institution of higher education located outside the United
  499  States and Canada, which at the time the applicant was enrolled
  500  and at the time the applicant graduated maintained a standard of
  501  training substantially equivalent to the standards of training
  502  of those institutions in the United States which are accredited
  503  by a regional accrediting body recognized by the Council for
  504  Higher Education or its successor Commission on Recognition of
  505  Postsecondary Accreditation. Such foreign education and training
  506  must have been received in an institution or program of higher
  507  education officially recognized by the government of the country
  508  in which it is located as an institution or program to train
  509  students to practice as mental health counselors. The burden of
  510  establishing that the requirements of this provision have been
  511  met shall be upon the applicant, and the board shall require
  512  documentation, such as, but not limited to, an evaluation by a
  513  foreign equivalency determination service, as evidence that the
  514  applicant’s graduate degree program and education were
  515  equivalent to an accredited program in this country. Effective
  516  July 1, 2020, an applicant must have a master’s degree
  517  accredited by the Council for Accreditation of Counseling and
  518  Related Educational Programs consisting of at least 60 semester
  519  hours or 80 quarter hours to apply for licensure under this
  520  subsection.
  521         (c) Has had at least not less than 2 years of clinical
  522  experience in mental health counseling, which must be at the
  523  post-master’s level under the supervision of a licensed mental
  524  health counselor or the equivalent who is a qualified supervisor
  525  as determined by the board. An individual who intends to
  526  practice in Florida to satisfy the clinical experience
  527  requirements must register pursuant to s. 491.0045 before prior
  528  to commencing practice. If a graduate has a master’s degree in
  529  with a major related to the practice of mental health counseling
  530  or a closely related field that did not include all the
  531  coursework required under sub-subparagraph (b)1.a. sub
  532  subparagraphs (b)1.a.-b., credit for the post-master’s level
  533  clinical experience shall not commence until the applicant has
  534  completed a minimum of seven of the courses required under sub
  535  subparagraph (b)1.a. sub-subparagraphs (b)1.a.-b., as determined
  536  by the board, one of which must be a course in psychopathology
  537  or abnormal psychology. A doctoral internship may be applied
  538  toward the clinical experience requirement. A licensed mental
  539  health professional must be on the premises when clinical
  540  services are provided by a registered intern in a private
  541  practice setting. No registered intern may engage in his or her
  542  own independent practice The clinical experience requirement may
  543  be met by work performed on or off the premises of the
  544  supervising mental health counselor or the equivalent, provided
  545  the off-premises work is not the independent private practice
  546  rendering of services that does not have a licensed mental
  547  health professional, as determined by the board, on the premises
  548  at the same time the intern is providing services.
  549         (d) Has passed a theory and practice examination designated
  550  provided by the department for this purpose.
  551         (e) Has demonstrated, in a manner designated by rule of the
  552  board, knowledge of the laws and rules governing the practice of
  553  clinical social work, marriage and family therapy, and mental
  554  health counseling as determined by the board.
  555         (5) INTERNSHIP.—An individual who is registered as an
  556  intern and has satisfied all of the educational requirements for
  557  the profession for which the applicant seeks licensure shall be
  558  certified as having met the educational requirements for
  559  licensure under this section.
  560         (5)(6) RULES.—The board may adopt rules necessary to
  561  implement any education or experience requirement of this
  562  section for licensure as a clinical social worker, marriage and
  563  family therapist, or mental health counselor.
  564         Section 5. Section 491.0057, Florida Statutes, is amended
  565  to read:
  566         491.0057 Dual licensure as a marriage and family
  567  therapist.—
  568         (1) The department shall license as a marriage and family
  569  therapist a any person who demonstrates to the board that he or
  570  she:
  571         (a)(1) Holds a valid, active license as a psychologist
  572  under chapter 490 or as a clinical social worker or mental
  573  health counselor under this chapter, or is certified under s.
  574  464.012 as an advanced registered nurse practitioner who has
  575  been determined by the Board of Nursing as a specialist in
  576  psychiatric mental health.
  577         (b)(2) Has held a valid, active license for at least 3
  578  years.
  579         (c)(3) Has passed the examination provided by the
  580  department for marriage and family therapy.
  581         (2) This section is repealed July 1, 2020.
  582         Section 6. Subsection (1) of section 491.006, Florida
  583  Statutes, is amended to read:
  584         491.006 Licensure or certification by endorsement.—
  585         (1) The department shall license or grant a certificate to
  586  a person in a profession regulated by this chapter who, upon
  587  applying to the department and remitting the appropriate fee,
  588  demonstrates to the board that he or she:
  589         (a) Has demonstrated, in a manner designated by rule of the
  590  board, knowledge of the laws and rules governing the practice of
  591  clinical social work, marriage and family therapy, and mental
  592  health counseling as defined by rule of the board.
  593         (b)1. Holds an active valid license to practice in the
  594  profession for which the applicant seeks licensure and has
  595  actively practiced the profession for which licensure is applied
  596  in another state for 3 of the last 5 years immediately preceding
  597  licensure.
  598         2. Meets the education requirements of this chapter for the
  599  profession for which licensure is applied or has demonstrated
  600  proof of substantially equivalent education as defined by rule
  601  of the board.
  602         3. Has passed the licensure examination designated by the
  603  board or has passed a substantially equivalent licensing
  604  examination in another state for the profession which the
  605  applicant seeks licensure a substantially equivalent licensing
  606  examination in another state or has passed the licensure
  607  examination in this state in the profession for which the
  608  applicant seeks licensure.
  609         4. Holds a license in good standing, is not under
  610  investigation for an act that would constitute a violation of
  611  this chapter, and has not been found to have committed any act
  612  that would constitute a violation of this chapter. The fees paid
  613  by any applicant for certification as a master social worker
  614  under this section are nonrefundable.
  615         Section 7. Subsections (2) and (3) of section 491.007,
  616  Florida Statutes, are amended to read:
  617         491.007 Renewal of license, registration, or certificate.—
  618         (2) Each applicant for renewal shall present satisfactory
  619  evidence that, in the period since the license or certificate
  620  was issued, the applicant has completed continuing education
  621  requirements set by rule of the board or department. The board
  622  may not require Not more than 25 classroom hours of continuing
  623  education per year shall be required. A certified master social
  624  worker is exempt from the continuing education requirements for
  625  the first renewal of the certificate.
  626         (3) The board or department shall prescribe by rule a
  627  method for the biennial renewal of an intern registration at a
  628  fee set by rule, not to exceed $100.
  629         Section 8. Paragraph (c) of subsection (1) and subsection
  630  (2) of section 491.009, Florida Statutes, are amended to read:
  631         491.009 Discipline.—
  632         (1) The following acts constitute grounds for denial of a
  633  license or disciplinary action, as specified in s. 456.072(2):
  634         (c) Being convicted or found guilty of, or entering
  635  regardless of adjudication, or having entered a plea of nolo
  636  contendere to, a crime in any jurisdiction which directly
  637  relates to the practice of his or her profession or the ability
  638  to practice his or her profession, regardless of adjudication.
  639  However, in the case of a plea of nolo contendere, the board
  640  shall allow the person who is the subject of the disciplinary
  641  proceeding to present evidence in mitigation relevant to the
  642  underlying charges and circumstances surrounding the plea.
  643         (2) The board department, or, in the case of certified
  644  master social workers psychologists, the department board, may
  645  enter an order denying licensure or imposing any of the
  646  penalties in s. 456.072(2) against any applicant for licensure
  647  or licensee who is found guilty of violating any provision of
  648  subsection (1) of this section or who is found guilty of
  649  violating any provision of s. 456.072(1).
  650         Section 9. Subsection (1) of section 491.0112, Florida
  651  Statutes, is amended to read:
  652         491.0112 Sexual misconduct by a psychotherapist;
  653  penalties.—
  654         (1) Any psychotherapist who commits sexual misconduct with
  655  a client, or former client when the professional relationship
  656  was terminated primarily for the purpose of engaging in sexual
  657  contact, commits a felony of the third degree, punishable as
  658  provided in s. 775.082 or s. 775.083; however, a second or
  659  subsequent offense is a felony of the second degree, punishable
  660  as provided in s. 775.082, s. 775.083, or s. 775.084.
  661         Section 10. Paragraphs (c) and (n) of subsection (1) of
  662  section 491.012, Florida Statutes, are amended to read:
  663         491.012 Violations; penalty; injunction.—
  664         (1) It is unlawful and a violation of this chapter for any
  665  person to:
  666         (c) Use the following titles or any combination thereof,
  667  unless she or he holds a valid, active license as a mental
  668  health counselor issued pursuant to this chapter:
  669         1. “Licensed mental health counselor.”
  670         2. “Mental health counselor.”
  671         3. “Mental health therapist.”
  672         4. “Mental health consultant.”
  673         5. “Mental health counselor coach.”
  674         (n) Effective October 1, 2000, Practice juvenile sexual
  675  offender therapy in this state, as the practice is defined in s.
  676  491.0144, for compensation, unless the person holds an active
  677  license issued under this chapter and meets the requirements to
  678  practice juvenile sexual offender therapy. An unlicensed person
  679  may be employed by a program operated by or under contract with
  680  the Department of Juvenile Justice or the Department of Children
  681  and Families Family Services if the program employs a
  682  professional who is licensed under chapter 458, chapter 459, s.
  683  490.0145, or s. 491.0144 who manages or supervises the treatment
  684  services.
  685         Section 11. Section 491.0145, Florida Statutes, is amended
  686  to read:
  687         491.0145 Certified master social worker.—
  688         (1) The department may certify an applicant for a
  689  designation as a certified master social worker upon the
  690  following conditions:
  691         (a)(1) The applicant completes an application to be
  692  provided by the department and pays a nonrefundable fee not to
  693  exceed $250 to be established by rule of the department. The
  694  completed application must be received by the department at
  695  least 60 days before the date of the examination in order for
  696  the applicant to qualify to take the scheduled exam.
  697         (b)(2) The applicant submits proof satisfactory to the
  698  department that the applicant has received a doctoral degree in
  699  social work, or a master’s degree with a major emphasis or
  700  specialty in clinical practice or administration, including, but
  701  not limited to, agency administration and supervision, program
  702  planning and evaluation, staff development, research, community
  703  organization, community services, social planning, and human
  704  service advocacy. Doctoral degrees must have been received from
  705  a graduate school of social work which at the time the applicant
  706  was enrolled and graduated was accredited by an accrediting
  707  agency approved by the United States Department of Education.
  708  Master’s degrees must have been received from a graduate school
  709  of social work which at the time the applicant was enrolled and
  710  graduated was accredited by the Council on Social Work Education
  711  or the Canadian Association of Schools of Social Work or by one
  712  that meets comparable standards.
  713         (c)(3) The applicant has had at least 3 years’ experience,
  714  as defined by rule, including, but not limited to, clinical
  715  services or administrative activities as defined in paragraph
  716  (b) subsection (2), 2 years of which must be at the post
  717  master’s level under the supervision of a person who meets the
  718  education and experience requirements for certification as a
  719  certified master social worker, as defined by rule, or licensure
  720  as a clinical social worker under this chapter. A doctoral
  721  internship may be applied toward the supervision requirement.
  722         (d)(4) Any person who holds a master’s degree in social
  723  work from an institution institutions outside the United States
  724  may apply to the department for certification if the academic
  725  training in social work has been evaluated as equivalent to a
  726  degree from a school accredited by the Council on Social Work
  727  Education. Any such person shall submit a copy of the academic
  728  training from the Foreign Equivalency Determination Service of
  729  the Council on Social Work Education.
  730         (e)(5) The applicant has passed an examination required by
  731  the department for this purpose. The nonrefundable fee for such
  732  examination may not exceed $250 as set by department rule.
  733         (2) A certified master social worker is exempt from the
  734  continuing education requirements for the first renewal of the
  735  certificate.
  736         (3)(6)Nothing in This chapter does not shall be construed
  737  to authorize a certified master social worker to provide
  738  clinical social work services.
  739         Section 12. Section 491.0149, Florida Statutes, is amended
  740  to read:
  741         491.0149 Display of license; use of professional title on
  742  promotional materials.—
  743         (1)(a) A person licensed under this chapter as a clinical
  744  social worker, marriage and family therapist, or mental health
  745  counselor, or certified as a master social worker shall
  746  conspicuously display the valid license issued by the department
  747  or a true copy thereof at each location at which the licensee
  748  practices his or her profession.
  749         (b)1. A licensed clinical social worker shall include the
  750  words “licensed clinical social worker” or the letters “LCSW” on
  751  all promotional materials, including cards, brochures,
  752  stationery, advertisements, and signs, and social media, naming
  753  the licensee.
  754         2. A licensed marriage and family therapist shall include
  755  the words “licensed marriage and family therapist” or the
  756  letters “LMFT” on all promotional materials, including cards,
  757  brochures, stationery, advertisements, and signs, and social
  758  media, naming the licensee.
  759         3. A licensed mental health counselor shall include the
  760  words “licensed mental health counselor” or the letters “LMHC”
  761  on all promotional materials, including cards, brochures,
  762  stationery, advertisements, and signs, and social media, naming
  763  the licensee.
  764         (2)(a) A person registered under this chapter as a clinical
  765  social worker intern, marriage and family therapist intern, or
  766  mental health counselor intern shall conspicuously display the
  767  valid registration issued by the department or a true copy
  768  thereof at each location at which the registered intern is
  769  completing the experience requirements.
  770         (b) A registered clinical social worker intern shall
  771  include the words “registered clinical social worker intern,” a
  772  registered marriage and family therapist intern shall include
  773  the words “registered marriage and family therapist intern,” and
  774  a registered mental health counselor intern shall include the
  775  words “registered mental health counselor intern” on all
  776  records, reports, and promotional materials, including cards,
  777  brochures, stationery, advertisements, and signs, and social
  778  media, naming the registered intern.
  779         (3)(a) A person provisionally licensed under this chapter
  780  as a provisional clinical social worker licensee, provisional
  781  marriage and family therapist licensee, or provisional mental
  782  health counselor licensee shall conspicuously display the valid
  783  provisional license issued by the department or a true copy
  784  thereof at each location at which the provisional licensee is
  785  providing services.
  786         (b) A provisional clinical social worker licensee shall
  787  include the words “provisional clinical social worker licensee,”
  788  a provisional marriage and family therapist licensee shall
  789  include the words “provisional marriage and family therapist
  790  licensee,” and a provisional mental health counselor licensee
  791  shall include the words “provisional mental health counselor
  792  licensee” on all promotional materials, including cards,
  793  brochures, stationery, advertisements, and signs, and social
  794  media, naming the provisional licensee.
  795         Section 13. Section 491.017, Florida Statutes, is created
  796  to read:
  797         491.017Parenting plan recommendation; presumption of good
  798  faith; prerequisite to parent’s filing suit; award of fees,
  799  costs, reimbursement.—
  800         (1) A mental health professional licensed under this
  801  chapter who has been appointed by the court to develop a
  802  parenting plan recommendation in a dissolution of marriage, a
  803  case of domestic violence, or a paternity matter involving the
  804  relationship of a child and a parent, including time-sharing of
  805  children, is presumed to be acting in good faith if the mental
  806  health professional’s recommendation has been reached under
  807  standards that a reasonable mental health professional would use
  808  to develop a parenting plan recommendation.
  809         (2) An administrative complaint against a court-appointed
  810  mental health professional which relates to a parenting plan
  811  recommendation developed by the mental health professional may
  812  not be filed anonymously. The individual who files an
  813  administrative complaint must include in the complaint his or
  814  her name, address, and telephone number.
  815         (3) A parent who desires to file a legal action against a
  816  court-appointed mental health professional who has acted in good
  817  faith in developing a parenting plan recommendation must
  818  petition the judge who presided over the dissolution of
  819  marriage, case of domestic violence, or paternity matter
  820  involving the relationship of a child and a parent, including
  821  time-sharing of children, to appoint another mental health
  822  professional. Upon the parent’s showing of good cause, the court
  823  shall appoint another mental health professional. The court
  824  shall determine who is responsible for all court costs and
  825  attorney fees associated with making such an appointment.
  826         (4) If a legal action, whether it be a civil action, a
  827  criminal action, or an administrative proceeding, is filed
  828  against a court-appointed mental health professional in a
  829  dissolution of marriage, case of domestic violence, or paternity
  830  matter involving the relationship of a child and a parent,
  831  including time-sharing of children, the claimant is responsible
  832  for all reasonable costs and reasonable attorney fees associated
  833  with the action for both parties if the mental health
  834  professional is held not liable. If the mental health
  835  professional is held liable in civil court, the mental health
  836  professional must pay all reasonable costs and reasonable
  837  attorney fees for the claimant.
  838         Section 14. This act shall take effect July 1, 2013.