Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 818
       
       
       
       
       
       
                                Ì840726/Î840726                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/30/2021           .                                
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       The Committee on Criminal Justice (Burgess) recommended the
       following:
       
    1         Senate Substitute for Amendment (526946) (with title
    2  amendment)
    3  
    4         Delete lines 16 - 25
    5  and insert:
    6         Section 1. Subsection (3) and paragraphs (b) and (c) of
    7  subsection (4) of of section 491.005, Florida Statutes, are
    8  amended to read:
    9         491.005 Licensure by examination.—
   10         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
   11  documentation and payment of a fee not to exceed $200, as set by
   12  board rule, plus the actual cost of the purchase of the
   13  examination from the Association of Marital and Family Therapy
   14  Regulatory Board, or similar national organization, the
   15  department shall issue a license as a marriage and family
   16  therapist to an applicant who the board certifies has met the
   17  following criteria:
   18         (a) Has Submitted an application and paid the appropriate
   19  fee.
   20         (b)1. Obtained one of the following:
   21         a. A minimum of a master's degree in marriage and family
   22  therapy from a program accredited by the Commission on
   23  Accreditation from Marriage and Family Therapy Education.
   24         b. A minimum of a master's degree with major emphasis in
   25  marriage and family therapy or a closely related field from a
   26  university program accredited by the Council for Accreditation
   27  of Counseling and Related Educational Programs and graduate
   28  courses approved by the board.
   29         c. A minimum of a master's degree with an emphasis in
   30  marriage and family therapy or a closely related field, with a
   31  degree conferred date before July 1, 2026, from an
   32  institutionally accredited college or university and graduate
   33  course approved by the board.
   34         Has a minimum of a master’s degree with major emphasis in
   35  marriage and family therapy or a closely related field from a
   36  program accredited by the Commission on Accreditation for
   37  Marriage and Family Therapy Education or from a Florida
   38  university program accredited by the Council for Accreditation
   39  of Counseling and Related Educational Programs and graduate
   40  courses approved by the Board of Clinical Social Work, Marriage
   41  and Family Therapy, and Mental Health Counseling.
   42         2. If the course title that appears on the applicant’s
   43  transcript does not clearly identify the content of the
   44  coursework, the applicant shall provide additional
   45  documentation, including, but not limited to, a syllabus or
   46  catalog description published for the course. The required
   47  master’s degree must have been received in an institution of
   48  higher education that, at the time the applicant graduated, was
   49  fully accredited by an institutional a regional accrediting body
   50  recognized by the Commission on Recognition of Postsecondary
   51  Accreditation or publicly recognized as a member in good
   52  standing with the Association of Universities and Colleges of
   53  Canada, or an institution of higher education located outside
   54  the United States and Canada which, at the time the applicant
   55  was enrolled and at the time the applicant graduated, maintained
   56  a standard of training substantially equivalent to the standards
   57  of training of those institutions in the United States which are
   58  accredited by an institutional a regional accrediting body
   59  recognized by the Commission on Recognition of Postsecondary
   60  Accreditation. Such foreign education and training must have
   61  been received in an institution or program of higher education
   62  officially recognized by the government of the country in which
   63  it is located as an institution or program to train students to
   64  practice as professional marriage and family therapists or
   65  psychotherapists. The applicant has the burden of establishing
   66  that the requirements of this provision have been met, and the
   67  board shall require documentation, such as an evaluation by a
   68  foreign equivalency determination service, as evidence that the
   69  applicant’s graduate degree program and education were
   70  equivalent to an accredited program in this country. An
   71  applicant with a master’s degree from a program that did not
   72  emphasize marriage and family therapy may complete the
   73  coursework requirement in a training institution fully
   74  accredited by the Commission on Accreditation for Marriage and
   75  Family Therapy Education recognized by the United States
   76  Department of Education.
   77         (c) Has Had at least 2 years of clinical experience during
   78  which 50 percent of the applicant’s clients were receiving
   79  marriage and family therapy services, which must have been be at
   80  the post-master’s level under the supervision of a licensed
   81  marriage and family therapist with at least 5 years of
   82  experience, or the equivalent, who is a qualified supervisor as
   83  determined by the board. An individual who intends to practice
   84  in Florida to satisfy the clinical experience requirements must
   85  register pursuant to s. 491.0045 before commencing practice. If
   86  a graduate has a master’s degree with a major emphasis in
   87  marriage and family therapy or a closely related field which did
   88  not include all of the coursework required by paragraph (b),
   89  credit for the post-master’s level clinical experience may not
   90  commence until the applicant has completed a minimum of 10 of
   91  the courses required by paragraph (b), as determined by the
   92  board, and at least 6 semester hours or 9 quarter hours of the
   93  course credits must have been completed in the area of marriage
   94  and family systems, theories, or techniques. Within the 2 years
   95  of required experience, the applicant must shall provide direct
   96  individual, group, or family therapy and counseling to cases
   97  including those involving unmarried dyads, married couples,
   98  separating and divorcing couples, and family groups that include
   99  children. A doctoral internship may be applied toward the
  100  clinical experience requirement. When a registered intern is
  101  providing clinical services through telehealth, a licensed
  102  mental health professional must be accessible by telephone or
  103  other electronic means. A licensed mental health professional
  104  must be on the premises when clinical services are provided by a
  105  registered intern in a private practice setting.
  106         (d) Has Passed a theory and practice examination designated
  107  by board rule provided by the department.
  108         (e) Has Demonstrated, in a manner designated by board rule,
  109  knowledge of the laws and rules governing the practice of
  110  clinical social work, marriage and family therapy, and mental
  111  health counseling.
  112  
  113  For the purposes of dual licensure, the department shall license
  114  as a marriage and family therapist any person who meets the
  115  requirements of s. 491.0057. Fees for dual licensure may not
  116  exceed those stated in this subsection.
  117         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  118  documentation and payment of a fee not to exceed $200, as set by
  119  board rule, plus the actual per applicant cost of purchase of
  120  the examination from the National Board for Certified Counselors
  121  or its successor organization, the department shall issue a
  122  license as a mental health counselor to an applicant who the
  123  board certifies:
  124         (b) 1. Has a minimum of an earned master’s degree from a
  125  mental health counseling program accredited by the Council for
  126  the Accreditation of Counseling and Related Educational Programs
  127  which consists of at least 60 semester hours or 80 quarter hours
  128  of clinical and didactic instruction, including a course in
  129  human sexuality and a course in substance abuse. If the master’s
  130  degree is earned from a program related to the practice of
  131  mental health counseling which is not accredited by the Council
  132  for the Accreditation of Counseling and Related Educational
  133  Programs, then the coursework and practicum, internship, or
  134  fieldwork must consist of at least 60 semester hours or 80
  135  quarter hours and meet all of the following requirements:
  136         a. Thirty-three semester hours or 44 quarter hours of
  137  graduate coursework, which must include a minimum of 3 semester
  138  hours or 4 quarter hours of graduate-level coursework in each of
  139  the following 11 content areas: counseling theories and
  140  practice; human growth and development; diagnosis and treatment
  141  of psychopathology; human sexuality; group theories and
  142  practice; individual evaluation and assessment; career and
  143  lifestyle assessment; research and program evaluation; social
  144  and cultural foundations; substance abuse; and legal, ethical,
  145  and professional standards issues in the practice of mental
  146  health counseling. Courses in research, thesis or dissertation
  147  work, practicums, internships, or fieldwork may not be applied
  148  toward this requirement.
  149         b. A minimum of 3 semester hours or 4 quarter hours of
  150  graduate-level coursework addressing diagnostic processes,
  151  including differential diagnosis and the use of the current
  152  diagnostic tools, such as the current edition of the American
  153  Psychiatric Association’s Diagnostic and Statistical Manual of
  154  Mental Disorders. The graduate program must have emphasized the
  155  common core curricular experience.
  156         c. The equivalent, as determined by the board, of at least
  157  700 hours of university-sponsored supervised clinical practicum,
  158  internship, or field experience that includes at least 280 hours
  159  of direct client services, as required in the accrediting
  160  standards of the Council for Accreditation of Counseling and
  161  Related Educational Programs for mental health counseling
  162  programs. This experience may not be used to satisfy the post
  163  master’s clinical experience requirement.
  164         2. Has provided additional documentation if a course title
  165  that appears on the applicant’s transcript does not clearly
  166  identify the content of the coursework. The documentation must
  167  include, but is not limited to, a syllabus or catalog
  168  description published for the course.
  169  
  170  Education and training in mental health counseling must have
  171  been received in an institution of higher education that, at the
  172  time the applicant graduated, was fully accredited by a regional
  173  accrediting body recognized by the Council for Higher Education
  174  Accreditation or its successor organization or publicly
  175  recognized as a member in good standing with the Association of
  176  Universities and Colleges of Canada, or an institution of higher
  177  education located outside the United States and Canada which, at
  178  the time the applicant was enrolled and at the time the
  179  applicant graduated, maintained a standard of training
  180  substantially equivalent to the standards of training of those
  181  institutions in the United States which are accredited by a
  182  regional accrediting body recognized by the Council for Higher
  183  Education Accreditation or its successor organization. Such
  184  foreign education and training must have been received in an
  185  institution or program of higher education officially recognized
  186  by the government of the country in which it is located as an
  187  institution or program to train students to practice as mental
  188  health counselors. The applicant has the burden of establishing
  189  that the requirements of this provision have been met, and the
  190  board shall require documentation, such as an evaluation by a
  191  foreign equivalency determination service, as evidence that the
  192  applicant’s graduate degree program and education were
  193  equivalent to an accredited program in this country. Beginning
  194  July 1, 2025, an applicant must have a master’s degree from a
  195  program that is accredited by the Council for Accreditation of
  196  Counseling and Related Educational Programs, Masters in
  197  Psychology and Counseling Accreditation Council, or an
  198  equivalent accrediting body, as determined by board rule, which
  199  consists of at least 60 semester hours or 80 quarter hours to
  200  apply for licensure under this paragraph.
  201  	
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete line 3
  206  and insert:
  207         amending s. 491.005, F.S.; revising the licensure
  208         requirements for licensure by examination by marriage
  209         and family therapists; revising education
  210         requirements; for purposes of clinical experience,
  211         deleting a requirement that a licensed mental health
  212         professional be on the premises when a registered
  213         intern is providing clinical services in a private
  214         setting; requiring a licensed mental health
  215         professional to be accessible by telephone or
  216         electronic means when a registered intern is providing
  217         services through telehealth; requiring the board to
  218         designate a theory and practice examination by rule;
  219         providing additional organizations that may accredit
  220         educational programs for purposes of licensure as a
  221         licensed mental health counselor; for purposes of
  222         clinical