Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 358
       
       
       
       
       
       
                                Ì126144ÇÎ126144                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2022           .                                
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       Appropriations Subcommittee on Health and Human Services
       (Rodriguez) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 612 - 1340
    4  and insert:
    5         (c) The commission or the executive committee of the
    6  commission may convene in a closed nonpublic meeting if the
    7  chair of the commission declares the specific reasons it is
    8  necessary to close the meeting or a portion thereof in a
    9  document that is a public record and held by the commission and
   10  announces at a public meeting that, in connection with the
   11  performance of the commission’s duties, it is necessary that the
   12  commission discuss:
   13         1.Pending litigation to which the commission is presently
   14  a party before a court or administrative agency in accordance
   15  with s. 286.011(8).
   16         2.Negotiation of contracts under competitive solicitation
   17  as provided in s. 286.0113(2).
   18         3.Disclosure of trade secrets or commercial or financial
   19  information that is privileged or confidential.
   20         4.Records made exempt under this section.
   21         5.Matters specifically exempted from disclosure by federal
   22  or member state law.
   23         (d)If a meeting, or portion of a meeting, is closed under
   24  this subsection, the commission’s legal counsel or designee must
   25  certify that the meeting may be closed and must reference each
   26  relevant exempting provision.
   27         (e)The commission shall keep minutes that fully and
   28  clearly describe all matters discussed in a meeting and shall
   29  provide a full and accurate summary of actions taken, and the
   30  reasons therefore, including a description of the views
   31  expressed. All documents considered in connection with an action
   32  must be identified in such minutes. All minutes and documents of
   33  a closed meeting must remain under seal, subject to release by a
   34  majority vote of the commission or order of a court of competent
   35  jurisdiction.
   36         (4)POWERS.—The commission may do any of the following:
   37         (a)Establish the fiscal year of the commission.
   38         (b)Establish bylaws.
   39         (c)Maintain its financial records in accordance with the
   40  bylaws.
   41         (d)Meet and take actions that are consistent with the
   42  compact and bylaws.
   43         (e)Adopt rules that are binding to the extent and in the
   44  manner provided for in the compact.
   45         (f)Initiate and prosecute legal proceedings or actions in
   46  the name of the commission, provided that the standing of any
   47  state licensing board to sue or be sued under applicable law is
   48  not affected.
   49         (g)Purchase and maintain insurance and bonds.
   50         (h)Borrow, accept, or contract for services of personnel,
   51  including, but not limited to, employees of a member state.
   52         (i)Hire employees and elect or appoint officers; fix
   53  compensation for, define duties of, and grant appropriate
   54  authority to such employees and officers to carry out the
   55  purposes of the compact; and establish the commission’s
   56  personnel policies and programs relating to conflicts of
   57  interest, qualifications of personnel, and other related
   58  personnel matters.
   59         (j)Accept any and all appropriate donations and grants of
   60  money, equipment, supplies, materials, and services, and
   61  receive, utilize, and dispose of the same, provided that at all
   62  times the commission avoids any appearance of impropriety or
   63  conflict of interest.
   64         (k)Lease, purchase, accept appropriate gifts or donations
   65  of, or otherwise own, hold, improve, or use, any property, real,
   66  personal, or mixed, provided that at all times the commission
   67  avoids any appearance of impropriety or conflict of interest.
   68         (l)Sell, convey, mortgage, pledge, lease, exchange,
   69  abandon, or otherwise dispose of any property, real, personal,
   70  or mixed.
   71         (m)Establish a budget and make expenditures.
   72         (n)Borrow money.
   73         (o)Appoint committees, including standing committees
   74  consisting of commission members, state regulators, state
   75  legislators or their representatives, and consumer
   76  representatives, and such other interested persons as may be
   77  designated in the compact and bylaws.
   78         (p)Provide information to, receive information from, and
   79  cooperate with law enforcement agencies.
   80         (q)Establish and elect an executive committee.
   81         (r)Perform any other function that may be necessary or
   82  appropriate to achieve the purposes of the compact and is
   83  consistent with the state regulation of professional counseling
   84  licensure and practice.
   85         (5)THE EXECUTIVE COMMITTEE.—
   86         (a)The executive committee may act on behalf of the
   87  commission according to the terms of the compact and shall
   88  consist of up to 11 members, as follows:
   89         1.Seven voting members who are elected by the commission
   90  from the current membership of the commission.
   91         2.Up to four ex officio, nonvoting members from four
   92  recognized national professional counselor organizations. The ex
   93  officio members shall be selected by their respective
   94  organizations.
   95         (b)The commission may remove any member of the executive
   96  committee as provided in its bylaws.
   97         (c)The executive committee shall meet at least annually.
   98         (d)The executive committee shall do all of the following:
   99         1.Make recommendations to the commission for any changes
  100  to the rules, bylaws, or compact legislation; fees paid by
  101  compact member states; and any fees charged to licensees for the
  102  privilege to practice.
  103         2.Ensure compact administration services are appropriately
  104  provided, contractually or otherwise.
  105         3.Prepare and recommend the budget.
  106         4.Maintain financial records on behalf of the commission.
  107         5.Monitor compact compliance of member states and provide
  108  compliance reports to the commission.
  109         6.Establish additional committees as necessary.
  110         7.Perform any other duties provided for in the rules or
  111  bylaws.
  112         (6)FINANCING OF THE COMMISSION.—
  113         (a)The commission shall pay, or provide for the payment
  114  of, the reasonable expenses of its establishment, organization,
  115  and ongoing activities.
  116         (b)The commission may accept any appropriate revenue
  117  sources, donations, or grants of money, equipment, supplies,
  118  materials, or services.
  119         (c)The commission may levy and collect an annual
  120  assessment from each member state or impose fees on other
  121  parties to cover the cost of the operations and activities of
  122  the commission and its staff. Such assessments and fees must be
  123  in a total amount sufficient to cover its annual budget as
  124  approved each year for which revenue is not provided by other
  125  sources. The aggregate annual assessment amount must be
  126  allocated based on a formula to be determined by the commission,
  127  which shall adopt a rule binding on all member states.
  128         (d)The commission may not incur obligations of any kind
  129  before securing the funds adequate to meet the same; nor may the
  130  commission pledge the credit of any of the member states, except
  131  by and with the authority of the member state.
  132         (e)The commission shall keep accurate accounts of all
  133  receipts and disbursements. The receipts and disbursements of
  134  the commission are subject to the audit and accounting
  135  procedures established under its bylaws. However, all receipts
  136  and disbursements of funds handled by the commission must be
  137  audited annually by a certified or licensed public accountant,
  138  and the report of the audit must be included in and become part
  139  of the annual report of the commission.
  140         (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
  141         (a)The members, officers, executive director, employees,
  142  and representatives of the commission are immune from suit and
  143  liability, either personally or in their official capacity, for
  144  any claim for damage to or loss of property or personal injury
  145  or other civil liability caused by or arising out of any actual
  146  or alleged act, error, or omission that occurred, or that the
  147  person against whom the claim is made had a reasonable basis for
  148  believing occurred, within the scope of commission employment,
  149  duties, or responsibilities. This paragraph may not be construed
  150  to protect any such person from suit or liability for any
  151  damage, loss, injury, or liability caused by the intentional or
  152  willful or wanton misconduct of that person.
  153         (b)The commission shall defend any member, officer,
  154  executive director, employee, or representative of the
  155  commission in any civil action seeking to impose liability
  156  arising out of any actual or alleged act, error, or omission
  157  that occurred, or that the person against whom the claim is made
  158  had a reasonable basis for believing occurred, within the scope
  159  of commission employment, duties, or responsibilities, provided
  160  that the actual or alleged act, error, or omission did not
  161  result from that person’s intentional or willful or wanton
  162  misconduct. This paragraph may not be construed to prohibit that
  163  person from retaining his or her own counsel.
  164         (c)The commission shall indemnify and hold harmless any
  165  member, officer, executive director, employee, or representative
  166  of the commission for the amount of any settlement or judgment
  167  obtained against that person arising out of any actual or
  168  alleged act, error, or omission that occurred, or that such
  169  person had a reasonable basis for believing occurred, within the
  170  scope of commission employment, duties, or responsibilities,
  171  provided that the actual or alleged act, error, or omission did
  172  not result from the intentional or willful or wanton misconduct
  173  of that person.
  174  
  175                              ARTICLE X                            
  176                             DATA SYSTEM                           
  177         (1)The commission shall provide for the development,
  178  operation, and maintenance of a coordinated database and
  179  reporting system containing licensure, adverse action, and
  180  investigative information on all licensed professional
  181  counselors in member states.
  182         (2)Notwithstanding any other provision of state law to the
  183  contrary, a member state shall submit a uniform data set to the
  184  data system on all licensees to whom the compact is applicable,
  185  as required by the rules of the commission, including all of the
  186  following:
  187         (a)Identifying information.
  188         (b)Licensure data.
  189         (c)Adverse actions against a license or privilege to
  190  practice.
  191         (d)Nonconfidential information related to alternative
  192  program participation.
  193         (e)Any denial of application for licensure and the reason
  194  for such denial.
  195         (f)Current significant investigative information.
  196         (g)Other information that may facilitate the
  197  administration of the compact, as determined by the rules of the
  198  commission.
  199         (3)Investigative information pertaining to a licensee in
  200  any member state may be made available only to other member
  201  states.
  202         (4)The commission shall promptly notify all member states
  203  of any adverse action taken against a licensee or an individual
  204  applying for a license. Adverse action information pertaining to
  205  a licensee in any member state must be made available to any
  206  other member state.
  207         (5)Member states reporting information to the data system
  208  may designate information that may not be shared with the public
  209  without the express permission of the reporting state.
  210         (6)Any information submitted to the data system which is
  211  subsequently required to be expunged by the laws of the member
  212  state reporting the information must be removed from the data
  213  system.
  214  
  215                             ARTICLE XI                            
  216                             RULEMAKING                            
  217         (1)The commission shall adopt reasonable rules to
  218  effectively and efficiently achieve the purposes of the compact.
  219  If, however, the commission exercises its rulemaking authority
  220  in a manner that is beyond the scope of the purposes of the
  221  compact, or the powers granted hereunder, then such an action by
  222  the commission is invalid and has no force or effect.
  223         (2)The commission shall exercise its rulemaking powers
  224  pursuant to the criteria set forth in this article and the rules
  225  adopted thereunder. Rules and amendments become binding as of
  226  the date specified in each rule or amendment.
  227         (3)If a majority of the legislatures of the member states
  228  rejects a rule by enactment of a statute or resolution in the
  229  same manner used to adopt the compact within 4 years after the
  230  date of adoption of the rule, such rule does not have further
  231  force and effect in any member state.
  232         (4)Rules or amendments to the rules must be adopted at a
  233  regular or special meeting of the commission.
  234         (5)Before adoption of a final rule by the commission, and
  235  at least 30 days in advance of the meeting at which the rule
  236  will be considered and voted upon, the commission shall file a
  237  notice of proposed rulemaking:
  238         (a)On the website of the commission or other publicly
  239  accessible platform; and
  240         (b)On the website of each member state’s professional
  241  counseling licensing board or other publicly accessible platform
  242  or in the publication in which each state would otherwise
  243  publish proposed rules.
  244         (6)The notice of proposed rulemaking must include:
  245         (a)The proposed time, date, and location of the meeting in
  246  which the rule will be considered and voted upon;
  247         (b)The text of the proposed rule or amendment and the
  248  reason for the proposed rule;
  249         (c)A request for comments on the proposed rule from any
  250  interested person; and
  251         (d)The manner in which interested persons may submit
  252  notice to the commission of their intention to attend the public
  253  hearing and any written comments.
  254         (7)Before adoption of a proposed rule, the commission must
  255  allow persons to submit written data, facts, opinions, and
  256  arguments, which must be made available to the public.
  257         (8)The commission shall grant an opportunity for a public
  258  hearing before it adopts a rule or an amendment if a hearing is
  259  requested by:
  260         (a)At least 25 persons who submit comments independently
  261  of each other;
  262         (b)A state or federal governmental subdivision or agency;
  263  or
  264         (c)An association that has at least 25 members.
  265         (9)If a hearing is held on the proposed rule or amendment,
  266  the commission must publish the place, time, and date of the
  267  scheduled public hearing. If the hearing is held through
  268  electronic means, the commission must publish the mechanism for
  269  access to the electronic hearing.
  270         (a)All persons wishing to be heard at the hearing must
  271  notify the executive director of the commission or other
  272  designated member in writing of their desire to appear and
  273  testify at the hearing at least 5 business days before the
  274  scheduled date of the hearing.
  275         (b)Hearings must be conducted in a manner providing each
  276  person who wishes to comment a fair and reasonable opportunity
  277  to comment orally or in writing.
  278         (c)All hearings must be recorded. A copy of the recording
  279  must be made available on request.
  280         (d)This section may not be construed to require a separate
  281  hearing on each rule. Rules may be grouped at hearings required
  282  by this section for the convenience of the commission.
  283         (10)If the commission does not receive a written notice of
  284  intent to attend the public hearing by interested parties, the
  285  commission may proceed with adoption of the proposed rule
  286  without a public hearing.
  287         (11)Following the scheduled hearing date, or by the close
  288  of business on the scheduled hearing date if the hearing was not
  289  held, the commission shall consider all written and oral
  290  comments received.
  291         (12)The commission, by majority vote of all members, shall
  292  take final action on the proposed rule and shall determine the
  293  effective date of the rule based on the rulemaking record and
  294  the full text of the rule.
  295         (13)Upon determination that an emergency exists, the
  296  commission may consider and adopt an emergency rule without
  297  prior notice, opportunity for comment, or hearing, provided that
  298  the usual rulemaking procedures provided in the compact and in
  299  this section are retroactively applied to the rule as soon as
  300  reasonably possible, but no later than 90 days after the
  301  effective date of the rule. For purposes of this subsection, an
  302  emergency rule is one that must be adopted immediately in order
  303  to:
  304         (a)Meet an imminent threat to public health, safety, or
  305  welfare;
  306         (b)Prevent a loss of commission or member state funds;
  307         (c)Meet a deadline for the adoption of an administrative
  308  rule established by federal law or rule; or
  309         (d)Protect public health and safety.
  310         (14)The commission or an authorized committee of the
  311  commission may direct revisions to a previously adopted rule or
  312  amendment for purposes of correcting typographical errors,
  313  errors in format, errors in consistency, or grammatical errors.
  314  Public notice of any revision must be posted on the website of
  315  the commission. Revisions are subject to challenge by any person
  316  for a period of 30 days after posting. A revision may be
  317  challenged only on grounds that the revision results in a
  318  material change to a rule. A challenge must be made in writing
  319  and delivered to the chair of the commission before the end of
  320  the notice period. If a challenge is not made, the revision
  321  takes effect without further action. If a revision is
  322  challenged, the revision may not take effect without the
  323  approval of the commission.
  324  
  325                             ARTICLE XII                           
  326     OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION;    
  327                 DISPUTE RESOLUTION; AND ENFORCEMENT               
  328         (1)OVERSIGHT.—
  329         (a)The executive, legislative, and judicial branches of
  330  state government in each member state shall enforce the compact
  331  and take all actions necessary and appropriate to effectuate the
  332  compact’s purposes and intent. The compact and the rules adopted
  333  thereunder have standing as statutory law.
  334         (b)All courts shall take judicial notice of the compact
  335  and the rules in any judicial or administrative proceeding in a
  336  member state pertaining to the subject matter of the compact
  337  which may affect the powers, responsibilities, or actions of the
  338  commission.
  339         (c)The commission is entitled to receive service of
  340  process in any judicial or administrative proceeding specified
  341  in paragraph (b) and has standing to intervene in such a
  342  proceeding for all purposes. Failure to provide service of
  343  process to the commission renders a judgment or an order void as
  344  to the commission, the compact, or adopted rules.
  345         (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
  346         (a)If the commission determines that a member state has
  347  defaulted in the performance of its obligations or
  348  responsibilities under the compact or adopted rules, the
  349  commission must:
  350         1.Provide written notice to the defaulting state and other
  351  member states of the nature of the default, the proposed means
  352  of curing the default, and any other action to be taken by the
  353  commission; and
  354         2.Provide remedial training and specific technical
  355  assistance regarding the default.
  356         (b)If a state in default fails to cure the default, the
  357  defaulting state may be terminated from the compact upon an
  358  affirmative vote of a majority of the member states, and all
  359  rights, privileges, and benefits conferred by the compact are
  360  terminated on the effective date of termination. A cure of the
  361  default does not relieve the offending state of obligations or
  362  liabilities incurred during the period of default.
  363         (c)Termination of membership in the compact may be imposed
  364  only after all other means of securing compliance have been
  365  exhausted. The commission shall submit a notice of intent to
  366  suspend or terminate a defaulting member state to that state’s
  367  governor, to the majority and minority leaders of that state’s
  368  legislature, and to each member state.
  369         (d)A member state that has been terminated is responsible
  370  for all assessments, obligations, and liabilities incurred
  371  through the effective date of termination, including obligations
  372  that extend beyond the effective date of termination.
  373         (e)The commission may not bear any costs related to a
  374  member state that is found to be in default or that has been
  375  terminated from the compact, unless agreed upon in writing
  376  between the commission and the defaulting member state.
  377         (f)The defaulting member state may appeal the action of
  378  the commission by petitioning the United States District Court
  379  for the District of Columbia or the federal district where the
  380  commission has its principal offices. The prevailing party must
  381  be awarded all costs of such litigation, including reasonable
  382  attorney fees.
  383         (3)DISPUTE RESOLUTION.—
  384         (a)Upon request by a member state, the commission shall
  385  attempt to resolve disputes related to the compact which arise
  386  among member states and between member and nonmember states.
  387         (b)The commission shall adopt rules providing for both
  388  mediation and binding dispute resolution for disputes as
  389  appropriate.
  390         (4)ENFORCEMENT.—
  391         (a)The commission, in the reasonable exercise of its
  392  discretion, shall enforce the provisions and rules of the
  393  compact.
  394         (b)By majority vote, the commission may initiate legal
  395  action in the United States District Court for the District of
  396  Columbia or the federal district where the commission has its
  397  principal offices against a member state in default to enforce
  398  compliance with the compact and its adopted rules and bylaws.
  399  The relief sought may include both injunctive relief and
  400  damages. If judicial enforcement is necessary, the prevailing
  401  party must be awarded all costs of such litigation, including
  402  reasonable attorney fees.
  403         (c)The remedies under this article are not the exclusive
  404  remedies to the commission. The commission may pursue any other
  405  remedies available under federal or state law.
  406  
  407                            ARTICLE XIII                           
  408   DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 
  409             ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT           
  410         (1)The compact becomes effective on the date on which the
  411  compact is enacted into law in the 10th member state. The
  412  provisions that become effective at that time are limited to the
  413  powers granted to the commission relating to assembly and the
  414  adoption of rules. Thereafter, the commission shall meet and
  415  exercise rulemaking powers necessary for implementation and
  416  administration of the compact.
  417         (2)Any state that joins the compact subsequent to the
  418  commission’s initial adoption of the rules is subject to the
  419  rules as they exist on the date on which the compact becomes law
  420  in that state. Any rule that has been previously adopted by the
  421  commission has the full force and effect of law on the day the
  422  compact becomes law in that state.
  423         (3)Any member state may withdraw from the compact by
  424  enacting a statute repealing the compact.
  425         (a)A member state’s withdrawal does not take effect until
  426  6 months after enactment of the repealing statute.
  427         (b)Withdrawal does not affect the continuing requirement
  428  of the withdrawing state’s professional counseling licensing
  429  board to comply with the investigative and adverse action
  430  reporting requirements of the compact before the effective date
  431  of withdrawal.
  432         (4)The compact may not be construed to invalidate or
  433  prevent any professional counseling licensure agreement or other
  434  cooperative arrangement between a member state and a nonmember
  435  state which does not conflict with the compact.
  436         (5)The compact may be amended by the member states. An
  437  amendment to the compact is not effective and binding upon any
  438  member state until it is enacted into the laws of all member
  439  states.
  440                             ARTICLE XIV                           
  441              BINDING EFFECT OF COMPACT AND OTHER LAWS             
  442         (1)A licensee providing professional counseling services
  443  in a remote state under the privilege to practice shall adhere
  444  to the laws and regulations, including scope of practice, of the
  445  remote state.
  446         (2)The compact does not prevent the enforcement of any
  447  other law of a member state which is not inconsistent with the
  448  compact.
  449         (3)Any laws in a member state which conflict with the
  450  compact are superseded to the extent of the conflict.
  451         (4)Any lawful actions of the commission, including all
  452  rules and bylaws properly adopted by the commission, are binding
  453  on the member states.
  454         (5)All permissible agreements between the commission and
  455  the member states are binding in accordance with their terms.
  456         (6)If any provision of the compact exceeds the
  457  constitutional limits imposed on the legislature of any member
  458  state, the provision shall be ineffective to the extent of the
  459  conflict with the constitutional provision in question in that
  460  member state.
  461  
  462                             ARTICLE XV                            
  463                    CONSTRUCTION AND SEVERABILITY                  
  464         The compact must be liberally construed so as to effectuate
  465  the purposes thereof. The provisions of the compact are
  466  severable, and if any phrase, clause, sentence, or provision of
  467  the compact is declared to be contrary to the constitution of
  468  any member state or of the United States or the applicability
  469  thereof to any government, agency, person, or circumstance is
  470  held invalid, the validity of the remainder of the compact and
  471  the applicability thereof to any government, agency, person, or
  472  circumstance is not affected thereby. If the compact is held
  473  contrary to the constitution of any member state, the compact
  474  remains in full force and effect as to the remaining member
  475  states and in full force and effect as to the member state
  476  affected as to all severable matters.
  477         Section 2. Subsection (10) of section 456.073, Florida
  478  Statutes, is amended to read:
  479         456.073 Disciplinary proceedings.—Disciplinary proceedings
  480  for each board shall be within the jurisdiction of the
  481  department.
  482         (10) The complaint and all information obtained pursuant to
  483  the investigation by the department are confidential and exempt
  484  from s. 119.07(1) until 10 days after probable cause has been
  485  found to exist by the probable cause panel or by the department,
  486  or until the regulated professional or subject of the
  487  investigation waives his or her privilege of confidentiality,
  488  whichever occurs first. The department shall report any
  489  significant investigation information relating to a nurse
  490  holding a multistate license to the coordinated licensure
  491  information system pursuant to s. 464.0095, and any significant
  492  investigatory information relating to a health care practitioner
  493  practicing under the Professional Counselors Licensure Compact
  494  to the data system pursuant to s. 491.017 instead of this
  495  subsection. Upon completion of the investigation and a
  496  recommendation by the department to find probable cause, and
  497  pursuant to a written request by the subject or the subject’s
  498  attorney, the department shall provide the subject an
  499  opportunity to inspect the investigative file or, at the
  500  subject’s expense, forward to the subject a copy of the
  501  investigative file. Notwithstanding s. 456.057, the subject may
  502  inspect or receive a copy of any expert witness report or
  503  patient record connected with the investigation if the subject
  504  agrees in writing to maintain the confidentiality of any
  505  information received under this subsection until 10 days after
  506  probable cause is found and to maintain the confidentiality of
  507  patient records pursuant to s. 456.057. The subject may file a
  508  written response to the information contained in the
  509  investigative file. Such response must be filed within 20 days
  510  of mailing by the department, unless an extension of time has
  511  been granted by the department. This subsection does not
  512  prohibit the department from providing such information to any
  513  law enforcement agency or to any other regulatory agency.
  514         Section 3. Subsection (5) of section 456.076, Florida
  515  Statutes, is amended to read:
  516         456.076 Impaired practitioner programs.—
  517         (5) A consultant shall enter into a participant contract
  518  with an impaired practitioner and shall establish the terms of
  519  monitoring and shall include the terms in a participant
  520  contract. In establishing the terms of monitoring, the
  521  consultant may consider the recommendations of one or more
  522  approved evaluators, treatment programs, or treatment providers.
  523  A consultant may modify the terms of monitoring if the
  524  consultant concludes, through the course of monitoring, that
  525  extended, additional, or amended terms of monitoring are
  526  required for the protection of the health, safety, and welfare
  527  of the public. If the impaired practitioner is a health care
  528  practitioner practicing under the Professional Counselors
  529  Licensure Compact pursuant to s. 491.017, the terms of the
  530  monitoring contract must include the impaired practitioner’s
  531  withdrawal from all practice under the compact in this state.
  532         Section 4. Effective July 1, 2022, subsections (14), (15),
  533  and (16) of section 491.003, Florida Statutes, are amended to
  534  read:
  535         491.003 Definitions.—As used in this chapter:
  536         (14) “Registered associate clinical social worker intern”
  537  means a person registered under this chapter who is completing
  538  the postgraduate clinical social work experience requirement
  539  specified in s. 491.005(1)(c).
  540         (15) “Registered associate marriage and family therapist
  541  intern” means a person registered under this chapter who is
  542  completing the post-master’s clinical experience requirement
  543  specified in s. 491.005(3)(c).
  544         (16) “Registered associate mental health counselor intern”
  545  means a person registered under this chapter who is completing
  546  the post-master’s clinical experience requirement specified in
  547  s. 491.005(4)(c).
  548         Section 5. Subsection (8) is added to section 491.004,
  549  Florida Statutes, to read:
  550         491.004 Board of Clinical Social Work, Marriage and Family
  551  Therapy, and Mental Health Counseling.—
  552         (8) The board shall appoint an individual to serve as the
  553  state’s delegate on the Counseling Compact Commission, as
  554  required under s. 491.017.
  555         Section 6. Effective July 1, 2022, section 491.0045,
  556  Florida Statutes, is amended to read:
  557         491.0045 Associate Intern registration; requirements.—
  558         (1) An individual who has not satisfied the postgraduate or
  559  post-master’s level experience requirements, as specified in s.
  560  491.005(1)(c), (3)(c), or (4)(c), must register as an associate
  561  intern in the profession for which he or she is seeking
  562  licensure before commencing the post-master’s experience
  563  requirement or an individual who intends to satisfy part of the
  564  required graduate-level practicum, associateship internship, or
  565  field experience, outside the academic arena for any profession,
  566  and must register as an associate intern in the profession for
  567  which he or she is seeking licensure before commencing the
  568  practicum, associateship internship, or field experience.
  569         (2) The department shall register as an associate a
  570  clinical social worker intern, associate marriage and family
  571  therapist intern, or associate mental health counselor intern
  572  each applicant who the board certifies has:
  573         (a) Completed the application form and remitted a
  574  nonrefundable application fee not to exceed $200, as set by
  575  board rule;
  576         (b)1. Completed the education requirements as specified in
  577  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
  578  he or she is applying for licensure, if needed; and
  579         2. Submitted an acceptable supervision plan, as determined
  580  by the board, for meeting the practicum, associateship
  581  internship, or field work required for licensure that was not
  582  satisfied in his or her graduate program.
  583         (c) Identified a qualified supervisor.
  584         (3) An individual registered under this section must remain
  585  under supervision while practicing under registered associate
  586  intern status.
  587         (4) An individual who fails to comply with this section may
  588  not be granted a license under this chapter, and any time spent
  589  by the individual completing the experience requirement as
  590  specified in s. 491.005(1)(c), (3)(c), or (4)(c) before
  591  registering as an associate intern does not count toward
  592  completion of the requirement.
  593         (5) An associate intern registration is valid for 5 years.
  594         (6) A registration issued on or before March 31, 2017,
  595  expires March 31, 2022, and may not be renewed or reissued. Any
  596  registration issued after March 31, 2017, expires 60 months
  597  after the date it is issued. The board may make a one-time
  598  exception to the requirements of this subsection in emergency or
  599  hardship cases, as defined by board rule, if the candidate has
  600  passed the theory and practice examination described in s.
  601  491.005(1)(d), (3)(d), and (4)(d).
  602         (7) An individual who has held a provisional license issued
  603  by the board may not apply for an associate intern registration
  604  in the same profession.
  605         Section 7. Subsection (6) is added to section 491.005,
  606  Florida Statutes, to read:
  607         491.005 Licensure by examination.—
  608         (6) EXEMPTION.—A person licensed as a mental health
  609  counselor in another state who is practicing under the
  610  Professional Counselors Licensure Compact pursuant to s.
  611  491.017, and only within the scope provided therein, is exempt
  612  from the licensure requirements of this section, as applicable.
  613         Section 8. Subsection (3) is added to section 491.006,
  614  Florida Statutes, to read:
  615         491.006 Licensure or certification by endorsement.—
  616         (3) A person licensed as a mental health counselor in
  617  another state who is practicing under the Professional
  618  Counselors Licensure Compact pursuant to s. 491.017, and only
  619  within the scope provided therein, is exempt from the licensure
  620  requirements of this section, as applicable.
  621         Section 9. Section 491.009, Florida Statutes, is amended to
  622  read:
  623         491.009 Discipline.—
  624         (1) The following acts constitute grounds for denial of a
  625  license or disciplinary action, as specified in s. 456.072(2) or
  626  s. 491.017:
  627         (a) Attempting to obtain, obtaining, or renewing a license,
  628  registration, or certificate under this chapter by bribery or
  629  fraudulent misrepresentation or through an error of the board or
  630  the department.
  631         (b) Having a license, registration, or certificate to
  632  practice a comparable profession revoked, suspended, or
  633  otherwise acted against, including the denial of certification
  634  or licensure by another state, territory, or country.
  635         (c) Being convicted or found guilty of, regardless of
  636  adjudication, or having entered a plea of nolo contendere to, a
  637  crime in any jurisdiction which directly relates to the practice
  638  of his or her profession or the ability to practice his or her
  639  profession. However, in the case of a plea of nolo contendere,
  640  the board shall allow the person who is the subject of the
  641  disciplinary proceeding to present evidence in mitigation
  642  relevant to the underlying charges and circumstances surrounding
  643  the plea.
  644         (d) False, deceptive, or misleading advertising or
  645  obtaining a fee or other thing of value on the representation
  646  that beneficial results from any treatment will be guaranteed.
  647         (e) Advertising, practicing, or attempting to practice
  648  under a name other than one’s own.
  649         (f) Maintaining a professional association with any person
  650  who the applicant, licensee, registered intern, or
  651  certificateholder knows, or has reason to believe, is in
  652  violation of this chapter or of a rule of the department or the
  653  board.
  654         (g) Knowingly aiding, assisting, procuring, or advising any
  655  nonlicensed, nonregistered, or noncertified person to hold
  656  himself or herself out as licensed, registered, or certified
  657  under this chapter.
  658         (h) Failing to perform any statutory or legal obligation
  659  placed upon a person licensed, registered, or certified under
  660  this chapter.
  661         (i) Willfully making or filing a false report or record;
  662  failing to file a report or record required by state or federal
  663  law; willfully impeding or obstructing the filing of a report or
  664  record; or inducing another person to make or file a false
  665  report or record or to impede or obstruct the filing of a report
  666  or record. Such report or record includes only a report or
  667  record which requires the signature of a person licensed,
  668  registered, or certified under this chapter.
  669         (j) Paying a kickback, rebate, bonus, or other remuneration
  670  for receiving a patient or client, or receiving a kickback,
  671  rebate, bonus, or other remuneration for referring a patient or
  672  client to another provider of mental health care services or to
  673  a provider of health care services or goods; referring a patient
  674  or client to oneself for services on a fee-paid basis when those
  675  services are already being paid for by some other public or
  676  private entity; or entering into a reciprocal referral
  677  agreement.
  678         (k) Committing any act upon a patient or client which would
  679  constitute sexual battery or which would constitute sexual
  680  misconduct as defined pursuant to s. 491.0111.
  681         (l) Making misleading, deceptive, untrue, or fraudulent
  682  representations in the practice of any profession licensed,
  683  registered, or certified under this chapter.
  684         (m) Soliciting patients or clients personally, or through
  685  an agent, through the use of fraud, intimidation, undue
  686  influence, or a form of overreaching or vexatious conduct.
  687         (n) Failing to make available to a patient or client, upon
  688  written request, copies of tests, reports, or documents in the
  689  possession or under the control of the licensee, registered
  690  intern, or certificateholder which have been prepared for and
  691  paid for by the patient or client.
  692         (o) Failing to respond within 30 days to a written
  693  communication from the department or the board concerning any
  694  investigation by the department or the board, or failing to make
  695  available any relevant records with respect to any investigation
  696  about the licensee’s, registered intern’s, or
  697  certificateholder’s conduct or background.
  698         (p) Being unable to practice the profession for which he or
  699  she is licensed, registered, or certified under this chapter
  700  with reasonable skill or competence as a result of any mental or
  701  physical condition or by reason of illness; drunkenness; or
  702  excessive use of drugs, narcotics, chemicals, or any other
  703  substance. In enforcing this paragraph, upon a finding by the
  704  State Surgeon General, the State Surgeon General’s designee, or
  705  the board that probable cause exists to believe that the
  706  licensee, registered intern, or certificateholder is unable to
  707  practice the profession because of the reasons stated in this
  708  paragraph, the department shall have the authority to compel a
  709  licensee, registered intern, or certificateholder to submit to a
  710  mental or physical examination by psychologists, physicians, or
  711  other licensees under this chapter, designated by the department
  712  or board. If the licensee, registered intern, or
  713  certificateholder refuses to comply with such order, the
  714  department’s order directing the examination may be enforced by
  715  filing a petition for enforcement in the circuit court in the
  716  circuit in which the licensee, registered intern, or
  717  certificateholder resides or does business. The licensee,
  718  registered intern, or certificateholder against whom the
  719  petition is filed may shall not be named or identified by
  720  initials in any public court records or documents, and the
  721  proceedings shall be closed to the public. The department shall
  722  be entitled to the summary procedure provided in s. 51.011. A
  723  licensee, registered intern, or certificateholder affected under
  724  this paragraph shall at reasonable intervals be afforded an
  725  opportunity to demonstrate that he or she can resume the
  726  competent practice for which he or she is licensed, registered,
  727  or certified with reasonable skill and safety to patients.
  728         (q) Performing any treatment or prescribing any therapy
  729  which, by the prevailing standards of the mental health
  730  professions in the community, would constitute experimentation
  731  on human subjects, without first obtaining full, informed, and
  732  written consent.
  733         (r) Failing to meet the minimum standards of performance in
  734  professional activities when measured against generally
  735  prevailing peer performance, including the undertaking of
  736  activities for which the licensee, registered intern, or
  737  certificateholder is not qualified by training or experience.
  738         (s) Delegating professional responsibilities to a person
  739  whom the licensee, registered intern, or certificateholder knows
  740  or has reason to know is not qualified by training or experience
  741  to perform such responsibilities.
  742         (t) Violating a rule relating to the regulation of the
  743  profession or a lawful order of the department or the board
  744  previously entered in a disciplinary hearing.
  745         (u) Failure of the licensee, registered intern, or
  746  certificateholder to maintain in confidence a communication made
  747  by a patient or client in the context of such services, except
  748  as provided in s. 491.0147.
  749         (v) Making public statements which are derived from test
  750  data, client contacts, or behavioral research and which identify
  751  or damage research subjects or clients.
  752         (w) Violating any provision of this chapter or chapter 456,
  753  or any rules adopted pursuant thereto.
  754         (2)(a) The board or, in the case of certified master social
  755  workers, the department may enter an order denying licensure or
  756  imposing any of the penalties authorized in s. 456.072(2)
  757  against any applicant for licensure or any licensee who violates
  758  subsection (1) or s. 456.072(1).
  759         (b)The board may take adverse action against a mental
  760  health counselor’s privilege to practice under the Professional
  761  Counselors Licensure Compact pursuant to s. 491.017 and may
  762  impose any of the penalties in s. 456.072(2) if the mental
  763  health counselor commits an act specified in subsection (1) or
  764  s. 456.072(1).
  765         Section 10. Paragraph (h) is added to subsection (10) of
  766  section 768.28, Florida Statutes, to read:
  767         768.28 Waiver of sovereign immunity in tort actions;
  768  recovery limits; civil liability for damages caused during a
  769  riot; limitation on attorney fees; statute of limitations;
  770  exclusions; indemnification; risk management programs.—
  771         (10)
  772         (h) For purposes of this section, the individual appointed
  773  under s. 491.004(8) as the state’s delegate on the Counseling
  774  Compact Commission, when serving in that capacity pursuant to s.
  775  491.017, and any administrator, officer, executive director,
  776  employee, or representative of the commission, when acting
  777  within the scope of his or her employment, duties, or
  778  responsibilities in this state, is considered an agent of the
  779  state. The commission shall pay any claims or judgments pursuant
  780  to this section and may maintain insurance coverage to pay any
  781  such claims or judgments.
  782         Section 11. The Department of Health shall notify the
  783  Division of Law Revision upon enactment of the Professional
  784  Counselors Licensure Compact into law by 10 states.
  785         Section 12. Effective July 1, 2022, paragraph (c) of
  786  subsection (1), paragraph (c) of subsection (3), and paragraphs
  787  (b) and (c) of subsection (4) of section 491.005, Florida
  788  Statutes, are amended to read:
  789         491.005 Licensure by examination.—
  790         (1) CLINICAL SOCIAL WORK.—Upon verification of
  791  documentation and payment of a fee not to exceed $200, as set by
  792  board rule, plus the actual per applicant cost to the department
  793  for purchase of the examination from the American Association of
  794  State Social Worker’s Boards or a similar national organization,
  795  the department shall issue a license as a clinical social worker
  796  to an applicant who the board certifies:
  797         (c) Has had at least 2 years of clinical social work
  798  experience, which took place subsequent to completion of a
  799  graduate degree in social work at an institution meeting the
  800  accreditation requirements of this section, under the
  801  supervision of a licensed clinical social worker or the
  802  equivalent who is a qualified supervisor as determined by the
  803  board. An individual who intends to practice in Florida to
  804  satisfy clinical experience requirements must register pursuant
  805  to s. 491.0045 before commencing practice. If the applicant’s
  806  graduate program was not a program which emphasized direct
  807  clinical patient or client health care services as described in
  808  subparagraph (b)2., the supervised experience requirement must
  809  take place after the applicant has completed a minimum of 15
  810  semester hours or 22 quarter hours of the coursework required. A
  811  doctoral associateship internship may be applied toward the
  812  clinical social work experience requirement. A licensed mental
  813  health professional must be on the premises when clinical
  814  services are provided by a registered associate intern in a
  815  private practice setting.
  816         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  817  documentation and payment of a fee not to exceed $200, as set by
  818  board rule, plus the actual cost of the purchase of the
  819  examination from the Association of Marital and Family Therapy
  820  Regulatory Board, or similar national organization, the
  821  department shall issue a license as a marriage and family
  822  therapist to an applicant who the board certifies:
  823         (c) Has had at least 2 years of clinical experience during
  824  which 50 percent of the applicant’s clients were receiving
  825  marriage and family therapy services, which must be at the post
  826  master’s level under the supervision of a licensed marriage and
  827  family therapist with at least 5 years of experience, or the
  828  equivalent, who is a qualified supervisor as determined by the
  829  board. An individual who intends to practice in Florida to
  830  satisfy the clinical experience requirements must register
  831  pursuant to s. 491.0045 before commencing practice. If a
  832  graduate has a master’s degree with a major emphasis in marriage
  833  and family therapy or a closely related field which did not
  834  include all of the coursework required by paragraph (b), credit
  835  for the post-master’s level clinical experience may not commence
  836  until the applicant has completed a minimum of 10 of the courses
  837  required by paragraph (b), as determined by the board, and at
  838  least 6 semester hours or 9 quarter hours of the course credits
  839  must have been completed in the area of marriage and family
  840  systems, theories, or techniques. Within the 2 years of required
  841  experience, the applicant shall provide direct individual,
  842  group, or family therapy and counseling to cases including those
  843  involving unmarried dyads, married couples, separating and
  844  divorcing couples, and family groups that include children. A
  845  doctoral associateship internship may be applied toward the
  846  clinical experience requirement. A licensed mental health
  847  professional must be on the premises when clinical services are
  848  provided by a registered associate intern in a private practice
  849  setting.
  850  
  851  For the purposes of dual licensure, the department shall license
  852  as a marriage and family therapist any person who meets the
  853  requirements of s. 491.0057. Fees for dual licensure may not
  854  exceed those stated in this subsection.
  855         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  856  documentation and payment of a fee not to exceed $200, as set by
  857  board rule, plus the actual per applicant cost of purchase of
  858  the examination from the National Board for Certified Counselors
  859  or its successor organization, the department shall issue a
  860  license as a mental health counselor to an applicant who the
  861  board certifies:
  862         (b)1. Has a minimum of an earned master’s degree from a
  863  mental health counseling program accredited by the Council for
  864  the Accreditation of Counseling and Related Educational Programs
  865  which consists of at least 60 semester hours or 80 quarter hours
  866  of clinical and didactic instruction, including a course in
  867  human sexuality and a course in substance abuse. If the master’s
  868  degree is earned from a program related to the practice of
  869  mental health counseling which is not accredited by the Council
  870  for the Accreditation of Counseling and Related Educational
  871  Programs, then the coursework and practicum, associateship
  872  internship, or fieldwork must consist of at least 60 semester
  873  hours or 80 quarter hours and meet all of the following
  874  requirements:
  875         a. Thirty-three semester hours or 44 quarter hours of
  876  graduate coursework, which must include a minimum of 3 semester
  877  hours or 4 quarter hours of graduate-level coursework in each of
  878  the following 11 content areas: counseling theories and
  879  practice; human growth and development; diagnosis and treatment
  880  of psychopathology; human sexuality; group theories and
  881  practice; individual evaluation and assessment; career and
  882  lifestyle assessment; research and program evaluation; social
  883  and cultural foundations; substance abuse; and legal, ethical,
  884  and professional standards issues in the practice of mental
  885  health counseling. Courses in research, thesis or dissertation
  886  work, practicums, associateships internships, or fieldwork may
  887  not be applied toward this requirement.
  888         b. A minimum of 3 semester hours or 4 quarter hours of
  889  graduate-level coursework addressing diagnostic processes,
  890  including differential diagnosis and the use of the current
  891  diagnostic tools, such as the current edition of the American
  892  Psychiatric Association’s Diagnostic and Statistical Manual of
  893  Mental Disorders. The graduate program must have emphasized the
  894  common core curricular experience.
  895         c. The equivalent, as determined by the board, of at least
  896  700 hours of university-sponsored supervised clinical practicum,
  897  associateship internship, or field experience that includes at
  898  least 280 hours of direct client services, as required in the
  899  accrediting standards of the Council for Accreditation of
  900  Counseling and Related Educational Programs for mental health
  901  counseling programs. This experience may not be used to satisfy
  902  the post-master’s clinical experience requirement.
  903         2. Has provided additional documentation if a course title
  904  that appears on the applicant’s transcript does not clearly
  905  identify the content of the coursework. The documentation must
  906  include, but is not limited to, a syllabus or catalog
  907  description published for the course.
  908  
  909  Education and training in mental health counseling must have
  910  been received in an institution of higher education that, at the
  911  time the applicant graduated, was fully accredited by a regional
  912  accrediting body recognized by the Council for Higher Education
  913  Accreditation or its successor organization or publicly
  914  recognized as a member in good standing with the Association of
  915  Universities and Colleges of Canada, or an institution of higher
  916  education located outside the United States and Canada which, at
  917  the time the applicant was enrolled and at the time the
  918  applicant graduated, maintained a standard of training
  919  substantially equivalent to the standards of training of those
  920  institutions in the United States which are accredited by a
  921  regional accrediting body recognized by the Council for Higher
  922  Education Accreditation or its successor organization. Such
  923  foreign education and training must have been received in an
  924  institution or program of higher education officially recognized
  925  by the government of the country in which it is located as an
  926  institution or program to train students to practice as mental
  927  health counselors. The applicant has the burden of establishing
  928  that the requirements of this provision have been met, and the
  929  board shall require documentation, such as an evaluation by a
  930  foreign equivalency determination service, as evidence that the
  931  applicant’s graduate degree program and education were
  932  equivalent to an accredited program in this country. Beginning
  933  July 1, 2025, an applicant must have a master’s degree from a
  934  program that is accredited by the Council for Accreditation of
  935  Counseling and Related Educational Programs which consists of at
  936  least 60 semester hours or 80 quarter hours to apply for
  937  licensure under this paragraph.
  938         (c) Has had at least 2 years of clinical experience in
  939  mental health counseling, which must be at the post-master’s
  940  level under the supervision of a licensed mental health
  941  counselor or the equivalent who is a qualified supervisor as
  942  determined by the board. An individual who intends to practice
  943  in Florida to satisfy the clinical experience requirements must
  944  register pursuant to s. 491.0045 before commencing practice. If
  945  a graduate has a master’s degree with a major related to the
  946  practice of mental health counseling which did not include all
  947  the coursework required under sub-subparagraphs (b)1.a. and b.,
  948  credit for the post-master’s level clinical experience may not
  949  commence until the applicant has completed a minimum of seven of
  950  the courses required under sub-subparagraphs (b)1.a. and b., as
  951  determined by the board, one of which must be a course in
  952  psychopathology or abnormal psychology. A doctoral associateship
  953  internship may be applied toward the clinical experience
  954  requirement. A licensed mental health professional must be on
  955  the premises when clinical services are provided by a registered
  956  associate intern in a private practice setting.
  957         Section 13. Effective July 1, 2022, paragraphs (f), (n),
  958  (o), (p), (r), (s), and (u) of subsection (1) of section
  959  491.009, Florida Statutes, are amended to read:
  960         491.009 Discipline.—
  961         (1) The following acts constitute grounds for denial of a
  962  license or disciplinary action, as specified in s. 456.072(2):
  963         (f) Maintaining a professional association with any person
  964  who the applicant, licensee, registered associate intern, or
  965  certificateholder knows, or has reason to believe, is in
  966  violation of this chapter or of a rule of the department or the
  967  board.
  968         (n) Failing to make available to a patient or client, upon
  969  written request, copies of tests, reports, or documents in the
  970  possession or under the control of the licensee, registered
  971  associate intern, or certificateholder which have been prepared
  972  for and paid for by the patient or client.
  973         (o) Failing to respond within 30 days to a written
  974  communication from the department or the board concerning any
  975  investigation by the department or the board, or failing to make
  976  available any relevant records with respect to any investigation
  977  about the licensee’s, registered associate’s intern’s, or
  978  certificateholder’s conduct or background.
  979         (p) Being unable to practice the profession for which he or
  980  she is licensed, registered, or certified under this chapter
  981  with reasonable skill or competence as a result of any mental or
  982  physical condition or by reason of illness; drunkenness; or
  983  excessive use of drugs, narcotics, chemicals, or any other
  984  substance. In enforcing this paragraph, upon a finding by the
  985  State Surgeon General, the State Surgeon General’s designee, or
  986  the board that probable cause exists to believe that the
  987  licensee, registered associate intern, or certificateholder is
  988  unable to practice the profession because of the reasons stated
  989  in this paragraph, the department shall have the authority to
  990  compel a licensee, registered associate intern, or
  991  certificateholder to submit to a mental or physical examination
  992  by psychologists, physicians, or other licensees under this
  993  chapter, designated by the department or board. If the licensee,
  994  registered associate intern, or certificateholder refuses to
  995  comply with such order, the department’s order directing the
  996  examination may be enforced by filing a petition for enforcement
  997  in the circuit court in the circuit in which the licensee,
  998  registered associate intern, or certificateholder resides or
  999  does business. The licensee, registered associate intern, or
 1000  certificateholder against whom the petition is filed may shall
 1001  not be named or identified by initials in any public court
 1002  records or documents, and the proceedings must shall be closed
 1003  to the public. The department is shall be entitled to the
 1004  summary procedure provided in s. 51.011. A licensee, registered
 1005  associate intern, or certificateholder affected under this
 1006  paragraph shall at reasonable intervals be afforded an
 1007  opportunity to demonstrate that he or she can resume the
 1008  competent practice for which he or she is licensed, registered,
 1009  or certified with reasonable skill and safety to patients.
 1010         (r) Failing to meet the minimum standards of performance in
 1011  professional activities when measured against generally
 1012  prevailing peer performance, including the undertaking of
 1013  activities for which the licensee, registered associate intern,
 1014  or certificateholder is not qualified by training or experience.
 1015         (s) Delegating professional responsibilities to a person
 1016  whom the licensee, registered associate intern, or
 1017  certificateholder knows or has reason to know is not qualified
 1018  by training or experience to perform such responsibilities.
 1019         (u) Failure of the licensee, registered associate intern,
 1020  or certificateholder to maintain in confidence a communication
 1021  made by a patient or client in the context of such services,
 1022  except as provided in s. 491.0147.
 1023         Section 14. Effective July 1, 2022, paragraphs (i), (j),
 1024  (k), and (l) of subsection (1) of section 491.012, Florida
 1025  Statutes, are amended to read:
 1026         491.012 Violations; penalty; injunction.—
 1027         (1) It is unlawful and a violation of this chapter for any
 1028  person to:
 1029         (i) Practice clinical social work in this state for
 1030  compensation, unless the person holds a valid, active license to
 1031  practice clinical social work issued pursuant to this chapter or
 1032  is an associate intern registered pursuant to s. 491.0045.
 1033         (j) Practice marriage and family therapy in this state for
 1034  compensation, unless the person holds a valid, active license to
 1035  practice marriage and family therapy issued pursuant to this
 1036  chapter or is an associate intern registered pursuant to s.
 1037  491.0045.
 1038         (k) Practice mental health counseling in this state for
 1039  compensation, unless the person holds a valid, active license to
 1040  practice mental health counseling issued pursuant to this
 1041  chapter or is an associate intern registered pursuant to s.
 1042  491.0045.
 1043         (l) Use the following titles or any combination thereof,
 1044  unless he or she holds a valid registration as an associate
 1045  intern issued pursuant to this chapter:
 1046         1. “Registered associate clinical social worker intern.”
 1047         2. “Registered associate marriage and family therapist
 1048  intern.”
 1049         3. “Registered associate mental health counselor intern.”
 1050         Section 15. Effective July 1, 2022, paragraph (c) of
 1051  subsection (4) of section 491.014, Florida Statutes, is amended
 1052  to read:
 1053         491.014 Exemptions.—
 1054         (4) No person shall be required to be licensed,
 1055  provisionally licensed, registered, or certified under this
 1056  chapter who:
 1057         (c) Is a student providing services regulated under this
 1058  chapter who is pursuing a course of study which leads to a
 1059  degree in a profession regulated by this chapter, is providing
 1060  services in a training setting, provided such services and
 1061  associated activities constitute part of a supervised course of
 1062  study, and is designated by the title “student associate
 1063  intern.”
 1064         Section 16. Effective July 1, 2022, subsection (3) of
 1065  section 491.0145, Florida Statutes, is amended to read:
 1066         491.0145 Certified master social worker.—The department may
 1067  certify an applicant for a designation as a certified master
 1068  social worker upon the following conditions:
 1069         (3) The applicant has had at least 3 years’ experience, as
 1070  defined by rule, including, but not limited to, clinical
 1071  services or administrative activities as defined in subsection
 1072  (2), 2 years of which must be at the post-master’s level under
 1073  the supervision of a person who meets the education and
 1074  experience requirements for certification as a certified master
 1075  social worker, as defined by rule, or licensure as a clinical
 1076  social worker under this chapter. A doctoral associateship
 1077  internship may be applied toward the supervision requirement.
 1078         Section 17. Effective July 1, 2022, subsection (2) of
 1079  section 491.0149, Florida Statutes, is amended to read:
 1080         491.0149 Display of license; use of professional title on
 1081  promotional materials.—
 1082         (2)(a) A person registered under this chapter as an
 1083  associate a clinical social worker intern, associate marriage
 1084  and family therapist intern, or associate mental health
 1085  counselor intern shall conspicuously display the valid
 1086  registration issued by the department or a true copy thereof at
 1087  each location at which the registered associate intern is
 1088  completing the experience requirements.
 1089         (b) A registered associate clinical social worker intern
 1090  shall include the words “registered associate clinical social
 1091  worker intern,” a registered associate marriage and family
 1092  therapist intern shall include the words “registered associate
 1093  marriage and family therapist intern,” and a registered
 1094  associate mental health counselor intern shall include the words
 1095  “registered associate mental health counselor intern” on all
 1096  promotional materials, including cards, brochures, stationery,
 1097  advertisements, and signs, naming the registered associate
 1098  intern.
 1099         Section 18. Except as otherwise expressly provided in this
 1100  act and except for this section, which shall take effect upon
 1101  this act becoming a law, this act shall take effect upon
 1102  enactment of
 1103  
 1104  ================= T I T L E  A M E N D M E N T ================
 1105  And the title is amended as follows:
 1106         Delete lines 2 - 123
 1107  and insert:
 1108         An act relating to mental health professionals;
 1109         creating s. 491.017, F.S.; creating the Professional
 1110         Counselors Licensure Compact; providing purposes and
 1111         objectives; defining terms; specifying requirements
 1112         for state participation in the compact; specifying
 1113         duties of member states; authorizing member states to
 1114         charge a fee for granting a privilege to practice
 1115         under the compact; specifying that that compact does
 1116         not affect an individual’s ability to apply for, and a
 1117         member state’s ability to grant, a single state
 1118         license pursuant to the laws of that state; providing
 1119         construction; providing for recognition of the
 1120         privilege to practice licensed professional counseling
 1121         in member states; specifying criteria a licensed
 1122         professional counselor must meet for the privilege to
 1123         practice under the compact; providing for the
 1124         expiration and renewal of the privilege to practice;
 1125         providing construction; specifying that a licensee
 1126         with a privilege to practice in a remote state must
 1127         adhere to the laws and rules of that state;
 1128         authorizing member states to act on a licensee’s
 1129         privilege to practice under certain circumstances;
 1130         specifying the consequences and parameters of practice
 1131         for a licensee whose privilege to practice has been
 1132         acted on or whose home state license is encumbered;
 1133         specifying that a licensed professional counselor may
 1134         hold a home state license in only one member state at
 1135         a time; specifying requirements and procedures for
 1136         changing a home state license designation; providing
 1137         construction; authorizing active duty military
 1138         personnel or their spouses to keep their home state
 1139         designation during active duty; specifying how such
 1140         individuals may subsequently change their home state
 1141         license designation; providing for the recognition of
 1142         the practice of professional counseling through
 1143         telehealth in member states; specifying that licensees
 1144         must adhere to the laws and rules of the remote state
 1145         in which they provide professional counseling through
 1146         telehealth; authorizing member states to take adverse
 1147         actions against licensees and issue subpoenas for
 1148         hearings and investigations under certain
 1149         circumstances; providing requirements and procedures
 1150         for adverse action; authorizing member states to
 1151         engage in joint investigations under certain
 1152         circumstances; providing that a licensee’s privilege
 1153         to practice must be deactivated in all member states
 1154         for the duration of an encumbrance imposed by the
 1155         licensee’s home state; providing for notice to the
 1156         data system and the licensee’s home state of any
 1157         adverse action taken against a licensee; providing
 1158         construction; establishing the Counseling Compact
 1159         Commission; providing for the jurisdiction and venue
 1160         for court proceedings; providing construction;
 1161         providing for membership, meetings, and powers of the
 1162         commission; specifying powers and duties of the
 1163         commission’s executive committee; providing for the
 1164         financing of the commission; providing commission
 1165         members, officers, executive directors, employees, and
 1166         representatives immunity from civil liability under
 1167         certain circumstances; providing exceptions; requiring
 1168         the commission to defend the commission’s members,
 1169         officers, executive directors, employees, and
 1170         representatives in civil actions under certain
 1171         circumstances; providing construction; requiring the
 1172         commission to indemnify and hold harmless such
 1173         individuals for any settlement or judgment obtained in
 1174         such actions under certain circumstances; providing
 1175         for the development of the data system, reporting
 1176         procedures, and the exchange of specified information
 1177         between member states; requiring the commission to
 1178         notify member states of any adverse action taken
 1179         against a licensee or applicant for licensure;
 1180         authorizing member states to designate as confidential
 1181         information provided to the data system; requiring the
 1182         commission to remove information from the data system
 1183         under certain circumstances; providing rulemaking
 1184         procedures for the commission; providing for member
 1185         state enforcement of the compact; specifying that the
 1186         compact and commission rules have standing as
 1187         statutory law in member states; specifying that the
 1188         commission is entitled to receive notice of process,
 1189         and has standing to intervene, in certain judicial and
 1190         administrative proceedings; rendering certain
 1191         judgments and orders void as to the commission, the
 1192         compact, or commission rules under certain
 1193         circumstances; providing for defaults and termination
 1194         of compact membership; providing procedures for the
 1195         resolution of certain disputes; providing for
 1196         commission enforcement of the compact; providing for
 1197         remedies; providing construction; providing for
 1198         implementation of, withdrawal from, and amendment to
 1199         the compact; providing construction; specifying that
 1200         licensees practicing in a remote state under the
 1201         compact must adhere to the laws and rules of the
 1202         remote state; providing construction; specifying that
 1203         the compact, commission rules, and commission actions
 1204         are binding on member states; providing construction
 1205         and severability; amending s. 456.073, F.S.; requiring
 1206         the Department of Health to report certain
 1207         investigative information to the data system; amending
 1208         s. 456.076, F.S.; requiring monitoring contracts for
 1209         impaired practitioners participating in treatment
 1210         programs to contain certain terms; amending s.
 1211         491.003, F.S.; revising definitions; amending s.
 1212         491.004, F.S.; requiring the Board of Clinical Social
 1213         Work, Marriage and Family Therapy, and Mental Health
 1214         Counseling to appoint an individual to serve as the
 1215         state’s delegate on the commission; amending s.
 1216         491.0045, F.S.; conforming provisions to changes made
 1217         by the act; revising circumstances under which the
 1218         board may grant a certain one-time exemption from
 1219         associate registration requirements; amending ss.
 1220         491.005 and 491.006, F.S.; exempting certain persons
 1221         from mental health counselor licensure requirements;
 1222         amending s. 491.009, F.S.; authorizing certain
 1223         disciplinary action under the compact for specified
 1224         prohibited acts; amending s. 768.28, F.S.; designating
 1225         the state delegate and other members or employees of
 1226         the commission as state agents for the purpose of
 1227         applying waivers of sovereign immunity; requiring the
 1228         commission to pay certain claims or judgments;
 1229         authorizing the commission to maintain insurance
 1230         coverage to pay such claims or judgments; requiring
 1231         the department to notify the Division of Law Revision
 1232         upon enactment of the compact into law by 10 states;
 1233         amending ss. 491.005, 491.009, 491.012, 491.014,
 1234         491.0145, and 491.0149, F.S.; conforming provisions to
 1235         changes made by the act; providing effective dates.