Florida Senate - 2021                                     SB 818
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00725-21                                            2021818__
    1                        A bill to be entitled                      
    2         An act relating to mental health professionals;
    3         amending s. 491.005, F.S.; for purposes of clinical
    4         experience requirements for licensure as a mental
    5         health counselor, deleting a requirement that a
    6         licensed mental health professional be on the premises
    7         when a registered intern is providing clinical
    8         services in a private practice setting; amending s.
    9         916.115, F.S.; authorizing courts to appoint mental
   10         health professionals licensed under ch. 491, F.S., as
   11         experts in criminal cases; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (c) of subsection (4) of section
   17  491.005, Florida Statutes, is amended to read:
   18         491.005 Licensure by examination.—
   19         (4) MENTAL HEALTH COUNSELING.—Upon verification of
   20  documentation and payment of a fee not to exceed $200, as set by
   21  board rule, plus the actual per applicant cost of purchase of
   22  the examination from the National Board for Certified Counselors
   23  or its successor organization, the department shall issue a
   24  license as a mental health counselor to an applicant who the
   25  board certifies:
   26         (c) Has had at least 2 years of clinical experience in
   27  mental health counseling, which must be at the post-master’s
   28  level under the supervision of a licensed mental health
   29  counselor or the equivalent who is a qualified supervisor as
   30  determined by the board. An individual who intends to practice
   31  in Florida to satisfy the clinical experience requirements must
   32  register pursuant to s. 491.0045 before commencing practice. If
   33  a graduate has a master’s degree with a major related to the
   34  practice of mental health counseling which did not include all
   35  the coursework required under sub-subparagraphs (b)1.a. and b.,
   36  credit for the post-master’s level clinical experience may not
   37  commence until the applicant has completed a minimum of seven of
   38  the courses required under sub-subparagraphs (b)1.a. and b., as
   39  determined by the board, one of which must be a course in
   40  psychopathology or abnormal psychology. A doctoral internship
   41  may be applied toward the clinical experience requirement. A
   42  licensed mental health professional must be on the premises when
   43  clinical services are provided by a registered intern in a
   44  private practice setting.
   45         Section 2. Paragraph (a) of subsection (1) of section
   46  916.115, Florida Statutes, is amended to read:
   47         916.115 Appointment of experts.—
   48         (1) The court shall appoint no more than three experts to
   49  determine the mental condition of a defendant in a criminal
   50  case, including competency to proceed, insanity, involuntary
   51  placement, and treatment. The experts may evaluate the defendant
   52  in jail or in another appropriate local facility or in a
   53  facility of the Department of Corrections.
   54         (a) To the extent possible, the appointed experts shall
   55  have completed forensic evaluator training approved by the
   56  department, and each shall be a psychiatrist or a physician
   57  licensed under chapter 458 or chapter 459, a licensed
   58  psychologist licensed under chapter 490, or a mental health
   59  professional licensed under chapter 491 physician.
   60         Section 3. This act shall take effect July 1, 2021.