Florida Senate - 2019 SB 884
By Senator Baxley
12-00822-19 2019884__
1 A bill to be entitled
2 An act relating to clinical social workers, marriage
3 and family therapists, and mental health counselors;
4 amending s. 491.003, F.S.; defining the terms
5 “certified master social worker” and “practice of
6 generalist social work”; amending s. 491.004, F.S.;
7 deleting an obsolete provision; amending s. 491.0045,
8 F.S.; revising intern registration requirements;
9 providing an exception; amending s. 491.005, F.S.;
10 revising the licensure requirements for clinical
11 social workers, marriage and family therapists, and
12 mental health counselors; amending s. 491.0057, F.S.;
13 requiring that an applicant for dual licensure as a
14 marriage and family therapist pass an examination
15 designated by the board; amending s. 491.006, F.S.;
16 revising requirements for licensure or certification
17 by endorsement for certain professions; repealing s.
18 491.0065, F.S., relating to requirements for
19 instruction on HIV and AIDS; amending s. 491.007,
20 F.S.; deleting a provision providing certified master
21 social workers an exemption from continuing education
22 requirements; deleting a provision requiring the Board
23 of Clinical Social Work, Marriage and Family Therapy
24 and Mental Health Counseling to establish a procedure
25 for the biennial renewal of intern registrations;
26 amending s. 491.009, F.S.; revising who may enter an
27 order denying licensure or imposing penalties against
28 an applicant for licensure under certain
29 circumstances; amending s. 491.012, F.S.; providing
30 that using the title “certified master social worker”
31 without a valid, active license is unlawful; deleting
32 an obsolete provision; amending s. 491.0145, F.S.;
33 requiring the Department of Health to license an
34 applicant for designation as a certified master social
35 worker under certain circumstances; providing that
36 applicants for designation as a certified master
37 social worker submit their application to the board;
38 deleting a provision relating to the nonrefundable fee
39 for examination set by department rule; authorizing
40 the board to adopt rules; amending s. 491.0149, F.S.;
41 requiring the use of applicable professional titles by
42 licensees, provisional licensees, and registrants on
43 social media and other specified materials; repealing
44 s. 491.015, F.S., relating to duties of the department
45 as to certified master social workers; amending s.
46 414.065, F.S.; conforming provisions to changes made
47 by the act; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Present subsections (2) through (7) of section
52 491.003, Florida Statutes, are renumbered as subsections (3)
53 through (8), respectively, present subsections (8) through (17)
54 are renumbered as subsections (10) through (19), respectively,
55 and new subsections (2) and (9) are added to that section, to
56 read:
57 491.003 Definitions.—As used in this chapter:
58 (2) “Certified master social worker” means a person
59 licensed under this chapter to practice generalist social work.
60 (9) “Practice of generalist social work” means the
61 application of social work theory, knowledge, methods and
62 ethics, and the professional use of self to restore or enhance
63 social, psychosocial, or biopsychosocial functioning of
64 individuals, couples, families, groups, organizations, or
65 communities. The term includes the application of specialized
66 knowledge and advanced practice skills in nondiagnostic
67 assessment, treatment planning, implementation and evaluation,
68 case management, information and referral, supervision,
69 consultation, education, research, advocacy, community
70 organization, and the development, implementation, and
71 administration of policies, programs, and activities.
72 Section 2. Present subsections (4) through (7) of section
73 491.004, Florida Statutes, are renumbered as subsections (3)
74 through (6), respectively, and present subsection (3) is amended
75 to read:
76 491.004 Board of Clinical Social Work, Marriage and Family
77 Therapy, and Mental Health Counseling.—
78 (3) No later than January 1, 1988, the Governor shall
79 appoint nine members of the board as follows:
80 (a) Three members for terms of 2 years each.
81 (b) Three members for terms of 3 years each.
82 (c) Three members for terms of 4 years each.
83 Section 3. Subsections (2) and (6) of section 491.0045,
84 Florida Statutes, are amended to read:
85 491.0045 Intern registration; requirements.—
86 (2) The department shall register as a clinical social
87 worker intern, marriage and family therapist intern, or mental
88 health counselor intern each applicant who the board certifies
89 has:
90 (a) Completed the application form and remitted a
91 nonrefundable application fee not to exceed $200, as set by
92 board rule;
93 (b)1. Completed the education requirements as specified in
94 s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
95 he or she is applying for licensure, if needed; and
96 2. Submitted an acceptable supervision plan, as determined
97 by the board, for meeting the practicum, internship, or field
98 work required for licensure that was not satisfied in his or her
99 graduate program.
100 (c) Identified a qualified supervisor.
101 (d) Completed an 8-hour Florida laws and rules course
102 approved by the board.
103 (6) A registration issued on or before March 31, 2017,
104 expires March 31, 2022, and may not be renewed or reissued. Any
105 registration issued after March 31, 2017, expires 60 months
106 after the date it is issued. The board may make a one-time
107 exception from the requirements of this section in emergency or
108 hardship cases, as defined by board rule, if A subsequent intern
109 registration may not be issued unless the candidate has passed
110 the theory and practice examination described in s.
111 491.005(1)(d), (3)(d), and (4)(d).
112 Section 4. Subsection (1), paragraph (b) of subsection (2),
113 and subsections (3) and (4) of section 491.005, Florida
114 Statutes, are amended to read:
115 491.005 Licensure by examination.—
116 (1) CLINICAL SOCIAL WORK.—Upon verification of
117 documentation and payment of a fee not to exceed $200, as set by
118 board rule, plus the actual per applicant cost to the department
119 for purchase of the examination from the American Association of
120 State Social Work Worker’s Boards or its successor a similar
121 national organization, the department shall issue a license as a
122 clinical social worker to an applicant who the board certifies:
123 (a) Has submitted an application and paid the appropriate
124 fee.
125 (b)1. Has received a doctoral degree in social work from a
126 graduate school of social work which at the time the applicant
127 graduated was accredited by an accrediting agency recognized by
128 the United States Department of Education or has received a
129 master’s degree in social work from a graduate school of social
130 work which at the time the applicant graduated:
131 a. Was accredited by the Council on Social Work Education;
132 b. Was accredited by the Canadian Association of Schools of
133 Social Work; or
134 c. Has been determined to have been a program equivalent to
135 programs approved by the Council on Social Work Education by the
136 Foreign Equivalency Determination Service of the Council on
137 Social Work Education. An applicant who graduated from a program
138 at a university or college outside of the United States or
139 Canada must present documentation of the equivalency
140 determination from the council in order to qualify.
141 2. The applicant’s graduate program must have emphasized
142 direct clinical patient or client health care services,
143 including, but not limited to, coursework in clinical social
144 work, psychiatric social work, medical social work, social
145 casework, psychotherapy, or group therapy. The applicant’s
146 graduate program must have included all of the following
147 coursework:
148 a. A supervised field placement which was part of the
149 applicant’s advanced concentration in direct practice, during
150 which the applicant provided clinical services directly to
151 clients.
152 b. Completion of 24 semester hours or 32 quarter hours in
153 courses approved by rule of the board theory of human behavior
154 and practice methods as courses in clinically oriented services,
155 including a minimum of one course in psychopathology, and no
156 more than one course in research, taken in a school of social
157 work accredited or approved pursuant to subparagraph 1.
158 3. If the course title which appears on the applicant’s
159 transcript does not clearly identify the content of the
160 coursework, the applicant shall be required to provide
161 additional documentation, including, but not limited to, a
162 syllabus or catalog description published for the course.
163 (c) Has had at least 2 years of clinical social work
164 experience, which took place subsequent to completion of a
165 graduate degree in social work at an institution meeting the
166 accreditation requirements of this section, under the
167 supervision of a licensed clinical social worker or the
168 equivalent who is a qualified supervisor as determined by the
169 board. An individual who intends to practice in Florida to
170 satisfy clinical experience requirements must register pursuant
171 to s. 491.0045 before commencing practice. If the applicant’s
172 graduate program was not a program which emphasized direct
173 clinical patient or client health care services as described in
174 subparagraph (b)2., the supervised experience requirement must
175 take place after the applicant has completed a minimum of 15
176 semester hours or 22 quarter hours of the coursework required. A
177 doctoral internship may be applied toward the clinical social
178 work experience requirement. A licensed mental health
179 professional must be on the premises when clinical services are
180 provided by a registered intern in a private practice setting.
181 (d) Has passed a theory and practice examination designated
182 provided by the board department for this purpose.
183 (e) Has demonstrated, in a manner designated by rule of the
184 board, knowledge of the laws and rules governing the practice of
185 clinical social work, marriage and family therapy, and mental
186 health counseling.
187 (2) CLINICAL SOCIAL WORK.—
188 (b) An applicant from a master’s or doctoral program in
189 social work which did not emphasize direct patient or client
190 services may complete the clinical curriculum content
191 requirement by returning to a graduate program accredited by the
192 Council on Social Work Education or the Canadian Association for
193 Social Work Education of Schools of Social Work, or to a
194 clinical social work graduate program with comparable standards,
195 in order to complete the education requirements for examination.
196 However, a maximum of 6 semester or 9 quarter hours of the
197 clinical curriculum content requirement may be completed by
198 credit awarded for independent study coursework as defined by
199 board rule.
200 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
201 documentation and payment of a fee not to exceed $200, as set by
202 board rule, plus the actual cost to the department for the
203 purchase of the examination from the Association of Marital and
204 Family Therapy Regulatory Boards Board, or its successor similar
205 national organization, the department shall issue a license as a
206 marriage and family therapist to an applicant who the board
207 certifies:
208 (a) Has submitted an application and paid the appropriate
209 fee.
210 (b)1. Has a minimum of a master’s degree with major
211 emphasis in marriage and family therapy from a program
212 accredited by the Commission on Accreditation for Marriage and
213 Family Therapy Education or from a Florida university program
214 accredited by the Council for Accreditation of Counseling and
215 Related Educational Programs, or a closely related field, and
216 graduate courses approved by the Board of Clinical Social Work,
217 Marriage and Family Therapy and Mental Health Counseling has
218 completed all of the following requirements:
219 a. Thirty-six semester hours or 48 quarter hours of
220 graduate coursework, which must include a minimum of 3 semester
221 hours or 4 quarter hours of graduate-level course credits in
222 each of the following nine areas: dynamics of marriage and
223 family systems; marriage therapy and counseling theory and
224 techniques; family therapy and counseling theory and techniques;
225 individual human development theories throughout the life cycle;
226 personality theory or general counseling theory and techniques;
227 psychopathology; human sexuality theory and counseling
228 techniques; psychosocial theory; and substance abuse theory and
229 counseling techniques. Courses in research, evaluation,
230 appraisal, assessment, or testing theories and procedures;
231 thesis or dissertation work; or practicums, internships, or
232 fieldwork may not be applied toward this requirement.
233 b. A minimum of one graduate-level course of 3 semester
234 hours or 4 quarter hours in legal, ethical, and professional
235 standards issues in the practice of marriage and family therapy
236 or a course determined by the board to be equivalent.
237 c. A minimum of one graduate-level course of 3 semester
238 hours or 4 quarter hours in diagnosis, appraisal, assessment,
239 and testing for individual or interpersonal disorder or
240 dysfunction; and a minimum of one 3-semester-hour or 4-quarter
241 hour graduate-level course in behavioral research which focuses
242 on the interpretation and application of research data as it
243 applies to clinical practice. Credit for thesis or dissertation
244 work, practicums, internships, or fieldwork may not be applied
245 toward this requirement.
246 d. A minimum of one supervised clinical practicum,
247 internship, or field experience in a marriage and family
248 counseling setting, during which the student provided 180 direct
249 client contact hours of marriage and family therapy services
250 under the supervision of an individual who met the requirements
251 for supervision under paragraph (c). This requirement may be met
252 by a supervised practice experience which took place outside the
253 academic arena, but which is certified as equivalent to a
254 graduate-level practicum or internship program which required a
255 minimum of 180 direct client contact hours of marriage and
256 family therapy services currently offered within an academic
257 program of a college or university accredited by an accrediting
258 agency approved by the United States Department of Education, or
259 an institution which is publicly recognized as a member in good
260 standing with the Association of Universities and Colleges of
261 Canada or a training institution accredited by the Commission on
262 Accreditation for Marriage and Family Therapy Education
263 recognized by the United States Department of Education.
264 Certification shall be required from an official of such
265 college, university, or training institution.
266 2. If the course title which appears on the applicant’s
267 transcript does not clearly identify the content of the
268 coursework, the applicant shall be required to provide
269 additional documentation, including, but not limited to, a
270 syllabus or catalog description published for the course.
271
272 The required master’s degree must have been received in an
273 institution of higher education which at the time the applicant
274 graduated was: fully accredited by a regional accrediting body
275 recognized by the Council for Higher Education Accreditation
276 Commission on Recognition of Postsecondary Accreditation;
277 publicly recognized as a member in good standing with the
278 Association of Universities and Colleges of Canada; or an
279 institution of higher education located outside the United
280 States and Canada, which at the time the applicant was enrolled
281 and at the time the applicant graduated maintained a standard of
282 training substantially equivalent to the standards of training
283 of those institutions in the United States which are accredited
284 by a regional accrediting body recognized by the Commission on
285 Recognition of Postsecondary Accreditation. Such foreign
286 education and training must have been received in an institution
287 or program of higher education officially recognized by the
288 government of the country in which it is located as an
289 institution or program to train students to practice as
290 professional marriage and family therapists or psychotherapists.
291 The burden of establishing that the requirements of this
292 provision have been met shall be upon the applicant, and the
293 board shall require documentation, such as, but not limited to,
294 an evaluation by a foreign equivalency determination service, as
295 evidence that the applicant’s graduate degree program and
296 education were equivalent to an accredited program in this
297 country. An applicant with a master’s degree from a program
298 which did not emphasize marriage and family therapy may complete
299 the coursework requirement in a training institution fully
300 accredited by the Commission on Accreditation for Marriage and
301 Family Therapy Education recognized by the United States
302 Department of Education.
303 (c) Has had at least 2 years of clinical experience during
304 which 50 percent of the applicant’s clients were receiving
305 marriage and family therapy services, which must be at the post
306 master’s level under the supervision of a licensed marriage and
307 family therapist with at least 5 years of experience, or the
308 equivalent, who is a qualified supervisor as determined by the
309 board. An individual who intends to practice in Florida to
310 satisfy the clinical experience requirements must register
311 pursuant to s. 491.0045 before commencing practice. If a
312 graduate has a master’s degree with a major emphasis in marriage
313 and family therapy or a closely related field that did not
314 include all the coursework required under paragraph (b) sub
315 subparagraphs (b)1.a.-c., credit for the post-master’s level
316 clinical experience shall not commence until the applicant has
317 completed a minimum of 10 of the courses required under
318 paragraph (b) sub-subparagraphs (b)1.a.-c., as determined by the
319 board, and at least 6 semester hours or 9 quarter hours of the
320 course credits must have been completed in the area of marriage
321 and family systems, theories, or techniques. Within the 2 3
322 years of required experience, the applicant shall provide direct
323 individual, group, or family therapy and counseling, to include
324 the following categories of cases: unmarried dyads, married
325 couples, separating and divorcing couples, and family groups
326 including children. A doctoral internship may be applied toward
327 the clinical experience requirement. A licensed mental health
328 professional must be on the premises when clinical services are
329 provided by a registered intern in a private practice setting.
330 (d) Has passed a theory and practice examination designated
331 provided by the board department for this purpose.
332 (e) Has demonstrated, in a manner designated by rule of the
333 board, knowledge of the laws and rules governing the practice of
334 clinical social work, marriage and family therapy, and mental
335 health counseling.
336 (f) For the purposes of dual licensure, the department
337 shall license as a marriage and family therapist any person who
338 meets the requirements of s. 491.0057. Fees for dual licensure
339 shall not exceed those stated in this subsection.
340 (4) MENTAL HEALTH COUNSELING.—Upon verification of
341 documentation and payment of a fee not to exceed $200, as set by
342 board rule, plus the actual per applicant cost to the department
343 for purchase of the examination from the National Board for
344 Certified Counselors or its successor Professional Examination
345 Service for the National Academy of Certified Clinical Mental
346 Health Counselors or a similar national organization, the
347 department shall issue a license as a mental health counselor to
348 an applicant who the board certifies:
349 (a) Has submitted an application and paid the appropriate
350 fee.
351 (b)1. Has a minimum of an earned master’s degree from a
352 mental health counseling program accredited by the Council for
353 the Accreditation of Counseling and Related Educational Programs
354 that consists of at least 60 semester hours or 80 quarter hours
355 of clinical and didactic instruction, including a course in
356 human sexuality and a course in substance abuse. If the master’s
357 degree is earned from a program related to the practice of
358 mental health counseling that is not accredited by the Council
359 for the Accreditation of Counseling and Related Educational
360 Programs, then the coursework and practicum, internship, or
361 fieldwork must consist of at least 60 semester hours or 80
362 quarter hours and meet the following requirements:
363 a. Thirty-three semester hours or 44 quarter hours of
364 graduate coursework, which must include a minimum of 3 semester
365 hours or 4 quarter hours of graduate-level coursework in each of
366 the following 11 content areas: counseling theories and
367 practice; human growth and development; diagnosis and treatment
368 of psychopathology; human sexuality; group theories and
369 practice; individual evaluation and assessment; career and
370 lifestyle assessment; research and program evaluation; social
371 and cultural foundations; substance abuse; and legal, ethical,
372 and professional standards issues in the practice of mental
373 health counseling in community settings; and substance abuse.
374 Courses in research, thesis or dissertation work, practicums,
375 internships, or fieldwork may not be applied toward this
376 requirement.
377 b. A minimum of 3 semester hours or 4 quarter hours of
378 graduate-level coursework addressing diagnostic processes,
379 including differential diagnosis and the use of the current
380 diagnostic tools, such as the most-recent edition of the
381 American Psychiatric Association’s Diagnostic and Statistical
382 Manual of Mental Disorders. The graduate program must have
383 emphasized the common core curricular experience in legal,
384 ethical, and professional standards issues in the practice of
385 mental health counseling, which includes goals, objectives, and
386 practices of professional counseling organizations, codes of
387 ethics, legal considerations, standards of preparation,
388 certifications and licensing, and the role identity and
389 professional obligations of mental health counselors. Courses in
390 research, thesis or dissertation work, practicums, internships,
391 or fieldwork may not be applied toward this requirement.
392 c. The equivalent, as determined by the board, of at least
393 700 1,000 hours of university-sponsored supervised clinical
394 practicum, internship, or field experience that includes at
395 least 280 hours of direct client services, as required in the
396 accrediting standards of the Council for Accreditation of
397 Counseling and Related Educational Programs for mental health
398 counseling programs. This experience may not be used to satisfy
399 the post-master’s clinical experience requirement.
400 2. If the course title which appears on the applicant’s
401 transcript does not clearly identify the content of the
402 coursework, the applicant shall be required to provide
403 additional documentation, including, but not limited to, a
404 syllabus or catalog description published for the course.
405
406 Education and training in mental health counseling must have
407 been received in an institution of higher education which at the
408 time the applicant graduated was: fully accredited by a regional
409 accrediting body recognized by the Council for Higher Education
410 or its successor Commission on Recognition of Postsecondary
411 Accreditation; publicly recognized as a member in good standing
412 with the Association of Universities and Colleges of Canada; or
413 an institution of higher education located outside the United
414 States and Canada, which at the time the applicant was enrolled
415 and at the time the applicant graduated maintained a standard of
416 training substantially equivalent to the standards of training
417 of those institutions in the United States which are accredited
418 by a regional accrediting body recognized by the Council for
419 Higher Education or its successor Commission on Recognition of
420 Postsecondary Accreditation. Such foreign education and training
421 must have been received in an institution or program of higher
422 education officially recognized by the government of the country
423 in which it is located as an institution or program to train
424 students to practice as mental health counselors. The burden of
425 establishing that the requirements of this provision have been
426 met shall be upon the applicant, and the board shall require
427 documentation, such as, but not limited to, an evaluation by a
428 foreign equivalency determination service, as evidence that the
429 applicant’s graduate degree program and education were
430 equivalent to an accredited program in this country. Beginning
431 July 1, 2025, an applicant must have a master’s degree in a
432 program that is accredited by the Council for Accreditation of
433 Counseling and Related Educational Programs which consists of at
434 least 60 semester hours or 80 quarter hours to apply for
435 licensure under this paragraph.
436 (c) Has had at least 2 years of clinical experience in
437 mental health counseling, which must be at the post-master’s
438 level under the supervision of a licensed mental health
439 counselor or the equivalent who is a qualified supervisor as
440 determined by the board. An individual who intends to practice
441 in Florida to satisfy the clinical experience requirements must
442 register pursuant to s. 491.0045 before commencing practice. If
443 a graduate has a master’s degree with a major related to the
444 practice of mental health counseling that did not include all
445 the coursework required under sub-subparagraphs (b)1.a.-b.,
446 credit for the post-master’s level clinical experience shall not
447 commence until the applicant has completed a minimum of seven of
448 the courses required under sub-subparagraphs (b)1.a.-b., as
449 determined by the board, one of which must be a course in
450 psychopathology or abnormal psychology. A doctoral internship
451 may be applied toward the clinical experience requirement. A
452 licensed mental health professional must be on the premises when
453 clinical services are provided by a registered intern in a
454 private practice setting.
455 (d) Has passed a theory and practice examination designated
456 provided by the board department for this purpose.
457 (e) Has demonstrated, in a manner designated by rule of the
458 board, knowledge of the laws and rules governing the practice of
459 clinical social work, marriage and family therapy, and mental
460 health counseling.
461 Section 5. Subsection (3) of section 491.0057, Florida
462 Statutes, is amended to read:
463 491.0057 Dual licensure as a marriage and family
464 therapist.—The department shall license as a marriage and family
465 therapist any person who demonstrates to the board that he or
466 she:
467 (3) Has passed the examination designated provided by the
468 board department for marriage and family therapy.
469 Section 6. Paragraph (b) of subsection (1) of section
470 491.006, Florida Statutes, is amended to read:
471 491.006 Licensure or certification by endorsement.—
472 (1) The department shall license or grant a certificate to
473 a person in a profession regulated by this chapter who, upon
474 applying to the department and remitting the appropriate fee,
475 demonstrates to the board that he or she:
476 (b)1. Holds an active valid license to practice and has
477 actively practiced the profession for which licensure is applied
478 in another state for 3 of the last 5 years immediately preceding
479 licensure.
480 2. Meets the education requirements of this chapter for the
481 profession for which licensure is applied.
482 2.3. Has passed a substantially equivalent licensing
483 examination in another state or has passed the licensure
484 examination in this state in the profession for which the
485 applicant seeks licensure.
486 3.4. Holds a license in good standing, is not under
487 investigation for an act that would constitute a violation of
488 this chapter, and has not been found to have committed any act
489 that would constitute a violation of this chapter. The fees paid
490 by any applicant for certification as a master social worker
491 under this section are nonrefundable.
492 Section 7. Section 491.0065, Florida Statutes, is repealed.
493 Section 8. Subsections (2) and (3) of section 491.007,
494 Florida Statutes, are amended to read:
495 491.007 Renewal of license, registration, or certificate.—
496 (2) Each applicant for renewal shall present satisfactory
497 evidence that, in the period since the license or certificate
498 was issued, the applicant has completed continuing education
499 requirements set by rule of the board or department. Not more
500 than 25 classroom hours of continuing education per year shall
501 be required. A certified master social worker is exempt from the
502 continuing education requirements for the first renewal of the
503 certificate.
504 (3) The board or department shall prescribe by rule a
505 method for the biennial renewal of an intern registration at a
506 fee set by rule, not to exceed $100.
507 Section 9. Subsection (2) of section 491.009, Florida
508 Statutes, is amended to read:
509 491.009 Discipline.—
510 (2) The department, or, in the case of psychologists, the
511 board, may enter an order denying licensure or imposing any of
512 the penalties in s. 456.072(2) against any applicant for
513 licensure or licensee who is found guilty of violating any
514 provision of subsection (1) of this section or who is found
515 guilty of violating any provision of s. 456.072(1).
516 Section 10. Paragraphs (a) and (n) of subsection (1) of
517 section 491.012, Florida Statutes, are amended to read:
518 491.012 Violations; penalty; injunction.—
519 (1) It is unlawful and a violation of this chapter for any
520 person to:
521 (a) Use the following titles or any combination thereof,
522 unless she or he holds a valid, active license as a clinical
523 social worker issued pursuant to this chapter:
524 1. “Licensed clinical social worker.”
525 2. “Clinical social worker.”
526 3. “Licensed social worker.”
527 4. “Psychiatric social worker.”
528 5. “Psychosocial worker.”
529 6. “Certified master social worker.”
530 (n) Effective October 1, 2000, Practice juvenile sexual
531 offender therapy in this state, as the practice is defined in s.
532 491.0144, for compensation, unless the person holds an active
533 license issued under this chapter and meets the requirements to
534 practice juvenile sexual offender therapy. An unlicensed person
535 may be employed by a program operated by or under contract with
536 the Department of Juvenile Justice or the Department of Children
537 and Families if the program employs a professional who is
538 licensed under chapter 458, chapter 459, s. 490.0145, or s.
539 491.0144 who manages or supervises the treatment services.
540 Section 11. Section 491.0145, Florida Statutes, is amended
541 to read:
542 491.0145 Certified master social worker.—The department
543 shall license may certify an applicant for a designation as a
544 certified master social worker who, upon applying to the
545 department and remitting the appropriate fee, demonstrates to
546 the board that he or she has met all of the following
547 conditions:
548 (1) The applicant has submitted The applicant completes an
549 application and has paid to be provided by the department and
550 pays a nonrefundable fee not to exceed $250 to be established by
551 rule of the board department. The completed application must be
552 received by the department at least 60 days before the date of
553 the examination in order for the applicant to qualify to take
554 the scheduled exam.
555 (2) The applicant submits proof satisfactory to the board
556 department that the applicant has received a doctoral degree in
557 social work, or a master’s degree in social work with a major
558 emphasis or specialty in clinical practice or administration,
559 including, but not limited to, agency administration and
560 supervision, program planning and evaluation, staff development,
561 research, community organization, community services, social
562 planning, and human service advocacy. Doctoral degrees must have
563 been received from a graduate school of social work which at the
564 time the applicant was enrolled and graduated was accredited by
565 an accrediting agency approved by the United States Department
566 of Education. Master’s degrees must have been received from a
567 graduate school of social work which at the time the applicant
568 was enrolled and graduated was accredited by the Council on
569 Social Work Education or the Canadian Association of Schools for
570 of Social Work Education or by one that meets comparable
571 standards.
572 (3) The applicant has had at least 2 3 years’ experience,
573 as defined by rule, including, but not limited to, clinical
574 services or administrative activities as defined in subsection
575 (2), 2 years of which must be at the post-master’s level under
576 the supervision of a person who meets the education and
577 experience requirements for certification as a certified master
578 social worker, as defined by rule, or licensure as a clinical
579 social worker under this chapter. A doctoral internship may be
580 applied toward the supervision requirement.
581 (4) Any person who holds a master’s degree in social work
582 from institutions outside the United States may apply to the
583 board department for certification if the academic training in
584 social work has been evaluated as equivalent to a degree from a
585 school accredited by the Council on Social Work Education. Any
586 such person shall submit a copy of the academic training from
587 the Foreign Equivalency Determination Service of the Council on
588 Social Work Education.
589 (5) The applicant has passed an examination required by the
590 board department for this purpose. The nonrefundable fee for
591 such examination may not exceed $250 as set by department rule.
592 (6) Nothing in This chapter does not shall be construed to
593 authorize a certified master social worker to provide clinical
594 social work services.
595 (7) The board may adopt rules to implement this section.
596 Section 12. Section 491.0149, Florida Statutes, is amended
597 to read:
598 491.0149 Display of license; use of professional title on
599 promotional materials.—
600 (1)(a) A person licensed under this chapter as a clinical
601 social worker, marriage and family therapist, or mental health
602 counselor, or certified as a master social worker shall
603 conspicuously display the valid license issued by the department
604 or a true copy thereof at each location at which the licensee
605 practices his or her profession.
606 (b)1. A licensed clinical social worker shall include the
607 words “licensed clinical social worker” or the letters “LCSW” on
608 all promotional materials, including cards, brochures,
609 stationery, advertisements, social media, and signs, naming the
610 licensee.
611 2. A licensed marriage and family therapist shall include
612 the words “licensed marriage and family therapist” or the
613 letters “LMFT” on all promotional materials, including cards,
614 brochures, stationery, advertisements, social media, and signs,
615 naming the licensee.
616 3. A licensed mental health counselor shall include the
617 words “licensed mental health counselor” or the letters “LMHC”
618 on all promotional materials, including cards, brochures,
619 stationery, advertisements, social media, and signs, naming the
620 licensee.
621 (c) A generalist social worker shall include the words
622 “certified master social worker” or the letters “CMSW” on all
623 promotional materials, including cards, brochures, stationery,
624 advertisements, social media, and signs, naming the licensee.
625 (2)(a) A person registered under this chapter as a clinical
626 social worker intern, marriage and family therapist intern, or
627 mental health counselor intern shall conspicuously display the
628 valid registration issued by the department or a true copy
629 thereof at each location at which the registered intern is
630 completing the experience requirements.
631 (b) A registered clinical social worker intern shall
632 include the words “registered clinical social worker intern,” a
633 registered marriage and family therapist intern shall include
634 the words “registered marriage and family therapist intern,” and
635 a registered mental health counselor intern shall include the
636 words “registered mental health counselor intern” on all
637 promotional materials, including cards, brochures, stationery,
638 advertisements, social media, and signs, naming the registered
639 intern.
640 (3)(a) A person provisionally licensed under this chapter
641 as a provisional clinical social worker licensee, provisional
642 marriage and family therapist licensee, or provisional mental
643 health counselor licensee shall conspicuously display the valid
644 provisional license issued by the department or a true copy
645 thereof at each location at which the provisional licensee is
646 providing services.
647 (b) A provisional clinical social worker licensee shall
648 include the words “provisional clinical social worker licensee,”
649 a provisional marriage and family therapist licensee shall
650 include the words “provisional marriage and family therapist
651 licensee,” and a provisional mental health counselor licensee
652 shall include the words “provisional mental health counselor
653 licensee” on all promotional materials, including cards,
654 brochures, stationery, advertisements, social media, and signs,
655 naming the provisional licensee.
656 Section 13. Section 491.015, Florida Statutes, is repealed.
657 Section 14. Paragraph (c) of subsection (4) of section
658 414.065, Florida Statutes, is amended to read:
659 414.065 Noncompliance with work requirements.—
660 (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
661 provided, the situations listed in this subsection shall
662 constitute exceptions to the penalties for noncompliance with
663 participation requirements, except that these situations do not
664 constitute exceptions to the applicable time limit for receipt
665 of temporary cash assistance:
666 (c) Noncompliance related to treatment or remediation of
667 past effects of domestic violence.—An individual who is
668 determined to be unable to comply with the work requirements
669 under this section due to mental or physical impairment related
670 to past incidents of domestic violence may be exempt from work
671 requirements, except that such individual shall comply with a
672 plan that specifies alternative requirements that prepare the
673 individual for self-sufficiency while providing for the safety
674 of the individual and the individual’s dependents. A participant
675 who is determined to be out of compliance with the alternative
676 requirement plan shall be subject to the penalties under
677 subsection (1). The plan must include counseling or a course of
678 treatment necessary for the individual to resume participation.
679 The need for treatment and the expected duration of such
680 treatment must be verified by a physician licensed under chapter
681 458 or chapter 459; a psychologist licensed under s. 490.005(1),
682 s. 490.006, or the provision identified as s. 490.013(2) in s.
683 1, chapter 81-235, Laws of Florida; a therapist as defined in s.
684 491.003(3) or (7) s. 491.003(2) or (6); or a treatment
685 professional who is registered under s. 39.905(1)(g), is
686 authorized to maintain confidentiality under s. 90.5036(1)(d),
687 and has a minimum of 2 years’ years experience at a certified
688 domestic violence center. An exception granted under this
689 paragraph does not automatically constitute an exception from
690 the time limitations on benefits specified under s. 414.105.
691 Section 15. This act shall take effect July 1, 2019.