Florida Senate - 2021 CS for SB 818
By the Committee on Criminal Justice; and Senator Burgess
591-03567A-21 2021818c1
1 A bill to be entitled
2 An act relating to mental health professionals;
3 amending s. 491.005, F.S.; revising education
4 requirements for licensure by examination as a
5 marriage and family therapist; requiring a licensed
6 mental health professional to be accessible by
7 telephone or other electronic means when a registered
8 intern is providing services through telehealth;
9 deleting a requirement that a licensed mental health
10 professional be on the premises when a registered
11 intern is providing clinical services in a private
12 setting; requiring the Board of Clinical Social Work,
13 Marriage and Family Therapy, and Mental Health
14 Counseling, rather than the Department of Health, to
15 designate a certain examination required for licensure
16 as a marriage and family therapist; deleting a
17 requirement that a licensed mental health professional
18 be on the premises when a registered intern is
19 providing clinical services in a private practice
20 setting; amending s. 916.115, F.S.; authorizing courts
21 to appoint mental health professionals licensed under
22 ch. 491, F.S., as experts in criminal cases; providing
23 an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (3) and paragraph (c) of subsection
28 (4) of section 491.005, Florida Statutes, are amended to read:
29 491.005 Licensure by examination.—
30 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
31 documentation and payment of a fee not to exceed $200, as set by
32 board rule, plus the actual cost of the purchase of the
33 examination from the Association of Marital and Family Therapy
34 Regulatory Board, or similar national organization, the
35 department shall issue a license as a marriage and family
36 therapist to an applicant who the board certifies has met the
37 following criteria:
38 (a) Has Submitted an application and paid the appropriate
39 fee.
40 (b)1. Obtained one of the following:
41 a. A minimum of a master’s degree in marriage and family
42 therapy from a program accredited by the Commission on
43 Accreditation for Marriage and Family Therapy Education.
44 b. A minimum of a master’s degree with a major emphasis in
45 marriage and family therapy or a closely related field from a
46 university program accredited by the Council for Accreditation
47 of Counseling and Related Educational Programs and graduate
48 courses approved by the board.
49 c. A minimum of a master’s degree with an emphasis in
50 marriage and family therapy or a closely related field, with a
51 degree conferred date before July 1, 2026, from an
52 institutionally accredited college or university and graduate
53 course approved by the board Has a minimum of a master’s degree
54 with major emphasis in marriage and family therapy or a closely
55 related field from a program accredited by the Commission on
56 Accreditation for Marriage and Family Therapy Education or from
57 a Florida university program accredited by the Council for
58 Accreditation of Counseling and Related Educational Programs and
59 graduate courses approved by the Board of Clinical Social Work,
60 Marriage and Family Therapy, and Mental Health Counseling.
61 2. If the course title that appears on the applicant’s
62 transcript does not clearly identify the content of the
63 coursework, the applicant shall provide additional
64 documentation, including, but not limited to, a syllabus or
65 catalog description published for the course. The required
66 master’s degree must have been received in an institution of
67 higher education that, at the time the applicant graduated, was
68 fully accredited by an institutional a regional accrediting body
69 recognized by the Commission on Recognition of Postsecondary
70 Accreditation or publicly recognized as a member in good
71 standing with the Association of Universities and Colleges of
72 Canada, or an institution of higher education located outside
73 the United States and Canada which, at the time the applicant
74 was enrolled and at the time the applicant graduated, maintained
75 a standard of training substantially equivalent to the standards
76 of training of those institutions in the United States which are
77 accredited by an institutional a regional accrediting body
78 recognized by the Commission on Recognition of Postsecondary
79 Accreditation. Such foreign education and training must have
80 been received in an institution or program of higher education
81 officially recognized by the government of the country in which
82 it is located as an institution or program to train students to
83 practice as professional marriage and family therapists or
84 psychotherapists. The applicant has the burden of establishing
85 that the requirements of this provision have been met, and the
86 board shall require documentation, such as an evaluation by a
87 foreign equivalency determination service, as evidence that the
88 applicant’s graduate degree program and education were
89 equivalent to an accredited program in this country. An
90 applicant with a master’s degree from a program that did not
91 emphasize marriage and family therapy may complete the
92 coursework requirement in a training institution fully
93 accredited by the Commission on Accreditation for Marriage and
94 Family Therapy Education recognized by the United States
95 Department of Education.
96 (c) Has Had at least 2 years of clinical experience during
97 which 50 percent of the applicant’s clients were receiving
98 marriage and family therapy services, which must have been be at
99 the post-master’s level under the supervision of a licensed
100 marriage and family therapist with at least 5 years of
101 experience, or the equivalent, who is a qualified supervisor as
102 determined by the board. An individual who intends to practice
103 in Florida to satisfy the clinical experience requirements must
104 register pursuant to s. 491.0045 before commencing practice. If
105 a graduate has a master’s degree with a major emphasis in
106 marriage and family therapy or a closely related field which did
107 not include all of the coursework required by paragraph (b),
108 credit for the post-master’s level clinical experience may not
109 commence until the applicant has completed a minimum of 10 of
110 the courses required by paragraph (b), as determined by the
111 board, and at least 6 semester hours or 9 quarter hours of the
112 course credits must have been completed in the area of marriage
113 and family systems, theories, or techniques. Within the 2 years
114 of required experience, the applicant must shall provide direct
115 individual, group, or family therapy and counseling to cases
116 including those involving unmarried dyads, married couples,
117 separating and divorcing couples, and family groups that include
118 children. A doctoral internship may be applied toward the
119 clinical experience requirement. When a registered intern is
120 providing clinical services through telehealth, a licensed
121 mental health professional must be accessible by telephone or
122 other electronic means A licensed mental health professional
123 must be on the premises when clinical services are provided by a
124 registered intern in a private practice setting.
125 (d) Has Passed a theory and practice examination designated
126 by board rule provided by the department.
127 (e) Has Demonstrated, in a manner designated by board rule,
128 knowledge of the laws and rules governing the practice of
129 clinical social work, marriage and family therapy, and mental
130 health counseling.
131
132 For the purposes of dual licensure, the department shall license
133 as a marriage and family therapist any person who meets the
134 requirements of s. 491.0057. Fees for dual licensure may not
135 exceed those stated in this subsection.
136 (4) MENTAL HEALTH COUNSELING.—Upon verification of
137 documentation and payment of a fee not to exceed $200, as set by
138 board rule, plus the actual per applicant cost of purchase of
139 the examination from the National Board for Certified Counselors
140 or its successor organization, the department shall issue a
141 license as a mental health counselor to an applicant who the
142 board certifies:
143 (c) Has had at least 2 years of clinical experience in
144 mental health counseling, which must be at the post-master’s
145 level under the supervision of a licensed mental health
146 counselor or the equivalent who is a qualified supervisor as
147 determined by the board. An individual who intends to practice
148 in Florida to satisfy the clinical experience requirements must
149 register pursuant to s. 491.0045 before commencing practice. If
150 a graduate has a master’s degree with a major related to the
151 practice of mental health counseling which did not include all
152 the coursework required under sub-subparagraphs (b)1.a. and b.,
153 credit for the post-master’s level clinical experience may not
154 commence until the applicant has completed a minimum of seven of
155 the courses required under sub-subparagraphs (b)1.a. and b., as
156 determined by the board, one of which must be a course in
157 psychopathology or abnormal psychology. A doctoral internship
158 may be applied toward the clinical experience requirement. A
159 licensed mental health professional must be on the premises when
160 clinical services are provided by a registered intern in a
161 private practice setting.
162 Section 2. Paragraph (a) of subsection (1) of section
163 916.115, Florida Statutes, is amended to read:
164 916.115 Appointment of experts.—
165 (1) The court shall appoint no more than three experts to
166 determine the mental condition of a defendant in a criminal
167 case, including competency to proceed, insanity, involuntary
168 placement, and treatment. The experts may evaluate the defendant
169 in jail or in another appropriate local facility or in a
170 facility of the Department of Corrections.
171 (a) To the extent possible, the appointed experts shall
172 have completed forensic evaluator training approved by the
173 department, and each shall be a psychiatrist or a physician
174 licensed under chapter 458 or chapter 459, a licensed
175 psychologist licensed under chapter 490, or a mental health
176 professional licensed under chapter 491 physician.
177 Section 3. This act shall take effect July 1, 2021.