Florida Senate - 2022                                     SB 566
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00244-22                                            2022566__
    1                        A bill to be entitled                      
    2         An act relating to mental health professional
    3         licensure; amending s. 491.005, F.S.; revising
    4         educational requirements for marriage and family
    5         therapist and mental health counselor licenses;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (3) and (4) of section 491.005,
   11  Florida Statutes, are amended to read:
   12         491.005 Licensure by examination.—
   13         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
   14  documentation and payment of a fee not to exceed $200, as set by
   15  board rule, plus the actual cost of the purchase of the
   16  examination from the Association of Marital and Family Therapy
   17  Regulatory Board, or similar national organization, the
   18  department shall issue a license as a marriage and family
   19  therapist to an applicant who the board certifies has met all of
   20  the following criteria:
   21         (a) Has Submitted an application and paid the appropriate
   22  fee.
   23         (b)1.Attained one of the following:
   24         a.A minimum of a master’s degree in marriage and family
   25  therapy from a program accredited by the Commission on
   26  Accreditation for Marriage and Family Therapy Education.
   27         b.A minimum of a master’s degree with a major emphasis in
   28  marriage and family therapy or a closely related field from a
   29  university program accredited by the Council on Accreditation of
   30  Counseling and Related Educational Programs and graduate courses
   31  approved by the board.
   32         c.Has A minimum of a master’s degree with an major
   33  emphasis in marriage and family therapy or a closely related
   34  field, with a degree conferred before September 1, 2027, from an
   35  institutionally accredited college or university from a program
   36  accredited by the Commission on Accreditation for Marriage and
   37  Family Therapy Education or from a Florida university program
   38  accredited by the Council for Accreditation of Counseling and
   39  Related Educational Programs and graduate courses approved by
   40  the board of Clinical Social Work, Marriage and Family Therapy,
   41  and Mental Health Counseling.
   42         2. If the course title that appears on the applicant’s
   43  transcript does not clearly identify the content of the
   44  coursework, the applicant must shall provide additional
   45  documentation, including, but not limited to, a syllabus or
   46  catalog description published for the course. The required
   47  master’s degree must have been received in an institution of
   48  higher education that, at the time the applicant graduated, was
   49  fully accredited by a regional accrediting body recognized by
   50  the Commission on Recognition of Postsecondary Accreditation or
   51  publicly recognized as a member in good standing with the
   52  Association of Universities and Colleges of Canada, or an
   53  institution of higher education located outside the United
   54  States and Canada which, at the time the applicant was enrolled
   55  and at the time the applicant graduated, maintained a standard
   56  of training substantially equivalent to the standards of
   57  training of those institutions in the United States which are
   58  accredited by a regional accrediting body recognized by the
   59  Commission on Recognition of Postsecondary Accreditation. Such
   60  foreign education and training must have been received in an
   61  institution or program of higher education officially recognized
   62  by the government of the country in which it is located as an
   63  institution or program to train students to practice as
   64  professional marriage and family therapists or psychotherapists.
   65  The applicant has the burden of establishing that the
   66  requirements of this provision have been met, and the board
   67  shall require documentation, such as an evaluation by a foreign
   68  equivalency determination service, as evidence that the
   69  applicant’s graduate degree program and education were
   70  equivalent to an accredited program in this country. An
   71  applicant with a master’s degree from a program that did not
   72  emphasize marriage and family therapy may complete the
   73  coursework requirement in a training institution fully
   74  accredited by the Commission on Accreditation for Marriage and
   75  Family Therapy Education recognized by the United States
   76  Department of Education.
   77         (c) Completed Has had at least 2 years of clinical
   78  experience during which 50 percent of the applicant’s clients
   79  were receiving marriage and family therapy services, which must
   80  be at the post-master’s level under the supervision of a
   81  licensed marriage and family therapist with at least 5 years of
   82  experience, or the equivalent, who is a qualified supervisor as
   83  determined by the board. An individual who intends to practice
   84  in Florida to satisfy the clinical experience requirements must
   85  register pursuant to s. 491.0045 before commencing practice. If
   86  a graduate has a master’s degree with a major emphasis in
   87  marriage and family therapy or a closely related field which did
   88  not include all of the coursework required by paragraph (b),
   89  credit for the post-master’s level clinical experience may not
   90  commence until the applicant has completed a minimum of 10 of
   91  the courses required by paragraph (b), as determined by the
   92  board, and at least 6 semester hours or 9 quarter hours of the
   93  course credits must have been completed in the area of marriage
   94  and family systems, theories, or techniques. Within the 2 years
   95  of required experience, the applicant shall provide direct
   96  individual, group, or family therapy and counseling to cases
   97  including those involving unmarried dyads, married couples,
   98  separating and divorcing couples, and family groups that include
   99  children. A doctoral internship may be applied toward the
  100  clinical experience requirement. A licensed mental health
  101  professional must be on the premises when clinical services are
  102  provided by a registered intern in a private practice setting.
  103         (d) Has Passed a theory and practice examination provided
  104  by the department.
  105         (e) Has Demonstrated, in a manner designated by board rule,
  106  knowledge of the laws and rules governing the practice of
  107  clinical social work, marriage and family therapy, and mental
  108  health counseling.
  109  
  110  For the purposes of dual licensure, the department shall license
  111  as a marriage and family therapist any person who meets the
  112  requirements of s. 491.0057. Fees for dual licensure may not
  113  exceed those stated in this subsection.
  114         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  115  documentation and payment of a fee not to exceed $200, as set by
  116  board rule, plus the actual per applicant cost of purchase of
  117  the examination from the National Board for Certified Counselors
  118  or its successor organization, the department shall issue a
  119  license as a mental health counselor to an applicant who the
  120  board certifies has met all of the following criteria:
  121         (a) Has Submitted an application and paid the appropriate
  122  fee.
  123         (b)1. Attained Has a minimum of an earned master’s degree
  124  from a mental health counseling program accredited by the
  125  Council for the Accreditation of Counseling and Related
  126  Educational Programs which consists of at least 60 semester
  127  hours or 80 quarter hours of clinical and didactic instruction,
  128  including a course in human sexuality and a course in substance
  129  abuse. If the master’s degree is earned from a program related
  130  to the practice of mental health counseling which is not
  131  accredited by the Council for the Accreditation of Counseling
  132  and Related Educational Programs, then the coursework and
  133  practicum, internship, or fieldwork must consist of at least 60
  134  semester hours or 80 quarter hours and meet all of the following
  135  requirements:
  136         a. Thirty-three semester hours or 44 quarter hours of
  137  graduate coursework, which must include a minimum of 3 semester
  138  hours or 4 quarter hours of graduate-level coursework in each of
  139  the following 11 content areas: counseling theories and
  140  practice; human growth and development; diagnosis and treatment
  141  of psychopathology; human sexuality; group theories and
  142  practice; individual evaluation and assessment; career and
  143  lifestyle assessment; research and program evaluation; social
  144  and cultural foundations; substance abuse; and legal, ethical,
  145  and professional standards issues in the practice of mental
  146  health counseling. Courses in research, thesis or dissertation
  147  work, practicums, internships, or fieldwork may not be applied
  148  toward this requirement.
  149         b. A minimum of 3 semester hours or 4 quarter hours of
  150  graduate-level coursework addressing diagnostic processes,
  151  including differential diagnosis and the use of the current
  152  diagnostic tools, such as the current edition of the American
  153  Psychiatric Association’s Diagnostic and Statistical Manual of
  154  Mental Disorders. The graduate program must have emphasized the
  155  common core curricular experience.
  156         c. The equivalent, as determined by the board, of at least
  157  700 hours of university-sponsored supervised clinical practicum,
  158  internship, or field experience that includes at least 280 hours
  159  of direct client services, as required in the accrediting
  160  standards of the Council for Accreditation of Counseling and
  161  Related Educational Programs for mental health counseling
  162  programs. This experience may not be used to satisfy the post
  163  master’s clinical experience requirement.
  164         2. Has Provided additional documentation if a course title
  165  that appears on the applicant’s transcript does not clearly
  166  identify the content of the coursework. The documentation must
  167  include, but is not limited to, a syllabus or catalog
  168  description published for the course.
  169  
  170  Education and training in mental health counseling must have
  171  been received in an institution of higher education that, at the
  172  time the applicant graduated, was fully accredited by a regional
  173  accrediting body recognized by the Council for Higher Education
  174  Accreditation or its successor organization or publicly
  175  recognized as a member in good standing with the Association of
  176  Universities and Colleges of Canada, or an institution of higher
  177  education located outside the United States and Canada which, at
  178  the time the applicant was enrolled and at the time the
  179  applicant graduated, maintained a standard of training
  180  substantially equivalent to the standards of training of those
  181  institutions in the United States which are accredited by a
  182  regional accrediting body recognized by the Council for Higher
  183  Education Accreditation or its successor organization. Such
  184  foreign education and training must have been received in an
  185  institution or program of higher education officially recognized
  186  by the government of the country in which it is located as an
  187  institution or program to train students to practice as mental
  188  health counselors. The applicant has the burden of establishing
  189  that the requirements of this provision have been met, and the
  190  board shall require documentation, such as an evaluation by a
  191  foreign equivalency determination service, as evidence that the
  192  applicant’s graduate degree program and education were
  193  equivalent to an accredited program in this country. Beginning
  194  July 1, 2025, an applicant must have a master’s degree from a
  195  program that is accredited by the Council for Accreditation of
  196  Counseling and Related Educational Programs, the Masters in
  197  Psychology and Counseling Accreditation Council, or an
  198  equivalent accrediting body which consists of at least 60
  199  semester hours or 80 quarter hours to apply for licensure under
  200  this paragraph.
  201         (c) Completed Has had at least 2 years of clinical
  202  experience in mental health counseling, which must be at the
  203  post-master’s level under the supervision of a licensed mental
  204  health counselor or the equivalent who is a qualified supervisor
  205  as determined by the board. An individual who intends to
  206  practice in Florida to satisfy the clinical experience
  207  requirements must register pursuant to s. 491.0045 before
  208  commencing practice. If a graduate has a master’s degree with a
  209  major related to the practice of mental health counseling which
  210  did not include all the coursework required under sub
  211  subparagraphs (b)1.a. and b., credit for the post-master’s level
  212  clinical experience may not commence until the applicant has
  213  completed a minimum of seven of the courses required under sub
  214  subparagraphs (b)1.a. and b., as determined by the board, one of
  215  which must be a course in psychopathology or abnormal
  216  psychology. A doctoral internship may be applied toward the
  217  clinical experience requirement. A licensed mental health
  218  professional must be on the premises when clinical services are
  219  provided by a registered intern in a private practice setting.
  220         (d) Has Passed a theory and practice examination provided
  221  by the department for this purpose.
  222         (e) Has Demonstrated, in a manner designated by board rule,
  223  knowledge of the laws and rules governing the practice of
  224  clinical social work, marriage and family therapy, and mental
  225  health counseling.
  226         Section 2. This act shall take effect upon becoming a law.