Florida Senate - 2019                              CS for SB 884
       
       
        
       By the Committee on Health Policy; and Senator Baxley
       
       
       
       
       
       588-03692A-19                                          2019884c1
    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. 491.0145,
    8         F.S.; requiring the Department of Health to certify an
    9         applicant for designation as a certified master social
   10         worker under certain circumstances; providing that
   11         applicants for designation as a certified master
   12         social worker submit their application to the
   13         department; deleting a provision relating to an
   14         application requirement; authorizing the department to
   15         adopt rules; amending s. 491.0149, F.S.; requiring the
   16         use of applicable professional titles by licensees,
   17         certificate holders, provisional licensees, and
   18         registrants on social media and other specified
   19         materials; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (2) through (7) of section
   24  491.003, Florida Statutes, are redesignated as subsections (3)
   25  through (8), respectively, present subsections (8) through (17)
   26  are redesignated as subsections (10) through (19), respectively,
   27  and new subsections (2) and (9) are added to that section, to
   28  read:
   29         491.003 Definitions.—As used in this chapter:
   30         (2)“Certified master social worker” means a person
   31  certified by the department under this chapter to practice
   32  generalist social work.
   33         (9)The term “practice of generalist social work” means the
   34  application of social work theory, knowledge, and methods and
   35  ethics to and the professional use of self to restore or enhance
   36  social, psychosocial, or biopsychosocial functioning of
   37  individuals, couples, families, groups, organizations, or
   38  communities. The term includes the application of specialized
   39  knowledge and advanced practice skills to nondiagnostic
   40  assessment, treatment planning, implementation and evaluation,
   41  case management, information and referral, supervision,
   42  consultation, education, research, advocacy, community
   43  organization and the development, implementation, and
   44  administration of policies, programs, and activities.
   45         Section 2. Present subsections (4) through (7) of section
   46  491.004, Florida Statutes, are redesignated as subsections (3)
   47  through (6), respectively, and present subsection (3) is
   48  amended, to read:
   49         491.004 Board of Clinical Social Work, Marriage and Family
   50  Therapy, and Mental Health Counseling.—
   51         (3)No later than January 1, 1988, the Governor shall
   52  appoint nine members of the board as follows:
   53         (a)Three members for terms of 2 years each.
   54         (b)Three members for terms of 3 years each.
   55         (c)Three members for terms of 4 years each.
   56         Section 3. Section 491.0145, Florida Statutes, is amended
   57  to read:
   58         491.0145 Certified master social worker.—The department
   59  shall may certify an applicant for a designation as a certified
   60  master social worker who, upon applying to the department and
   61  remitting the appropriate fee, demonstrates to the department
   62  that he or she has met all of the following conditions:
   63         (1) The applicant has submitted The applicant completes an
   64  application and has paid to be provided by the department and
   65  pays a nonrefundable fee not to exceed $250 to be established by
   66  rule of the department. The completed application must be
   67  received by the department at least 60 days before the date of
   68  the examination in order for the applicant to qualify to take
   69  the scheduled exam.
   70         (2) The applicant submits proof satisfactory to the
   71  department that the applicant has received a doctoral degree in
   72  social work, or a master’s degree in social work with a major
   73  emphasis or specialty in clinical practice or administration,
   74  including, but not limited to, agency administration and
   75  supervision, program planning and evaluation, staff development,
   76  research, community organization, community services, social
   77  planning, or and human service advocacy. Doctoral degrees must
   78  have been received from a graduate school of social work which
   79  at the time the applicant was enrolled and graduated was
   80  accredited by an accrediting agency approved by the United
   81  States Department of Education. Master’s degrees must have been
   82  received from a graduate school of social work which at the time
   83  the applicant was enrolled and graduated was accredited by the
   84  Council on Social Work Education or the Canadian Association of
   85  Schools for of Social Work Education or by one that meets
   86  comparable standards.
   87         (3) The applicant has had at least 2 3 years’ experience,
   88  as defined by rule, including, but not limited to, clinical
   89  services or administrative activities as defined in subsection
   90  (2), 2 years of which must be at the post-master’s level under
   91  the supervision of a person who meets the education and
   92  experience requirements for certification as a certified master
   93  social worker, as defined by rule, or licensure as a clinical
   94  social worker under this chapter. A doctoral internship may be
   95  applied toward the supervision requirement.
   96         (4) Any person who holds a master’s degree in social work
   97  from institutions outside the United States may apply to the
   98  department for certification if the academic training in social
   99  work has been evaluated as equivalent to a degree from a school
  100  accredited by the Council on Social Work Education. Any such
  101  person shall submit a copy of the academic training from the
  102  Foreign Equivalency Determination Service of the Council on
  103  Social Work Education.
  104         (5) The applicant has passed an examination required by the
  105  department for this purpose. The nonrefundable fee for such
  106  examination may not exceed $250 as set by department rule.
  107         (6) Nothing in This chapter does not shall be construed to
  108  authorize a certified master social worker to provide clinical
  109  social work services.
  110         (7)The department may adopt rules to implement this
  111  section.
  112         Section 4. Section 491.0149, Florida Statutes, is amended
  113  to read:
  114         491.0149 Display of license; use of professional title on
  115  promotional materials.—
  116         (1)(a) A person licensed under this chapter as a clinical
  117  social worker, marriage and family therapist, or mental health
  118  counselor, or certified as a master social worker shall
  119  conspicuously display the valid license or certificate issued by
  120  the department or a true copy thereof at each location at which
  121  the licensee practices his or her profession.
  122         (b)1. A licensed clinical social worker shall include the
  123  words “licensed clinical social worker” or the letters “LCSW” on
  124  all promotional materials, including cards, brochures,
  125  stationery, advertisements, social media, and signs, naming the
  126  licensee.
  127         2. A licensed marriage and family therapist shall include
  128  the words “licensed marriage and family therapist” or the
  129  letters “LMFT” on all promotional materials, including cards,
  130  brochures, stationery, advertisements, social media, and signs,
  131  naming the licensee.
  132         3. A licensed mental health counselor shall include the
  133  words “licensed mental health counselor” or the letters “LMHC”
  134  on all promotional materials, including cards, brochures,
  135  stationery, advertisements, social media, and signs, naming the
  136  licensee.
  137         (c)A generalist social worker shall include the words
  138  “certified master social worker” or the letters “CMSW” on all
  139  promotional materials, including cards, brochures, stationery,
  140  advertisements, social media, and signs, naming the licensee.
  141         (2)(a) A person registered under this chapter as a clinical
  142  social worker intern, marriage and family therapist intern, or
  143  mental health counselor intern shall conspicuously display the
  144  valid registration issued by the department or a true copy
  145  thereof at each location at which the registered intern is
  146  completing the experience requirements.
  147         (b) A registered clinical social worker intern shall
  148  include the words “registered clinical social worker intern,” a
  149  registered marriage and family therapist intern shall include
  150  the words “registered marriage and family therapist intern,” and
  151  a registered mental health counselor intern shall include the
  152  words “registered mental health counselor intern” on all
  153  promotional materials, including cards, brochures, stationery,
  154  advertisements, social media, and signs, naming the registered
  155  intern.
  156         (3)(a) A person provisionally licensed under this chapter
  157  as a provisional clinical social worker licensee, provisional
  158  marriage and family therapist licensee, or provisional mental
  159  health counselor licensee shall conspicuously display the valid
  160  provisional license issued by the department or a true copy
  161  thereof at each location at which the provisional licensee is
  162  providing services.
  163         (b) A provisional clinical social worker licensee shall
  164  include the words “provisional clinical social worker licensee,”
  165  a provisional marriage and family therapist licensee shall
  166  include the words “provisional marriage and family therapist
  167  licensee,” and a provisional mental health counselor licensee
  168  shall include the words “provisional mental health counselor
  169  licensee” on all promotional materials, including cards,
  170  brochures, stationery, advertisements, social media, and signs,
  171  naming the provisional licensee.
  172         Section 5. This act shall take effect July 1, 2019.