Florida Senate - 2022                              CS for SB 566
       
       
        
       By the Committee on Health Policy; and Senator Gruters
       
       
       
       
       
       588-01609-22                                           2022566c1
    1                        A bill to be entitled                      
    2         An act relating to mental health professional
    3         licensure; amending s. 491.005, F.S.; revising
    4         licensure requirements for clinical social workers,
    5         marriage and family therapists, and mental health
    6         counselors; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (1), (3), and (4) of section
   11  491.005, Florida Statutes, are amended to read:
   12         491.005 Licensure by examination.—
   13         (1) CLINICAL SOCIAL WORK.—Upon verification of
   14  documentation and payment of a fee not to exceed $200, as set by
   15  board rule, plus the actual per applicant cost to the department
   16  for purchase of the examination from the American Association of
   17  State Social Worker’s Boards or a similar national organization,
   18  the department shall issue a license as a clinical social worker
   19  to an applicant whom who the board certifies has met all of the
   20  following criteria:
   21         (a) Has Submitted an application and paid the appropriate
   22  fee.
   23         (b)1. Has Received a doctoral degree in social work from a
   24  graduate school of social work which at the time the applicant
   25  graduated was accredited by an accrediting agency recognized by
   26  the United States Department of Education or has received a
   27  master’s degree in social work from a graduate school of social
   28  work which at the time the applicant graduated:
   29         a. Was accredited by the Council on Social Work Education;
   30         b. Was accredited by the Canadian Association of Schools of
   31  Social Work; or
   32         c. Has been determined to have been a program equivalent to
   33  programs approved by the Council on Social Work Education by the
   34  Foreign Equivalency Determination Service of the Council on
   35  Social Work Education. An applicant who graduated from a program
   36  at a university or college outside of the United States or
   37  Canada must present documentation of the equivalency
   38  determination from the council in order to qualify.
   39         2. The applicant’s graduate program must have emphasized
   40  direct clinical patient or client health care services,
   41  including, but not limited to, coursework in clinical social
   42  work, psychiatric social work, medical social work, social
   43  casework, psychotherapy, or group therapy. The applicant’s
   44  graduate program must have included all of the following
   45  coursework:
   46         a. A supervised field placement which was part of the
   47  applicant’s advanced concentration in direct practice, during
   48  which the applicant provided clinical services directly to
   49  clients.
   50         b. Completion of 24 semester hours or 32 quarter hours in
   51  theory of human behavior and practice methods as courses in
   52  clinically oriented services, including a minimum of one course
   53  in psychopathology, and no more than one course in research,
   54  taken in a school of social work accredited or approved pursuant
   55  to subparagraph 1.
   56         3. If the course title which appears on the applicant’s
   57  transcript does not clearly identify the content of the
   58  coursework, the applicant provided shall be required to provide
   59  additional documentation, including, but not limited to, a
   60  syllabus or catalog description published for the course.
   61         (c) Completed Has had at least 2 years of clinical social
   62  work experience, which took place subsequent to completion of a
   63  graduate degree in social work at an institution meeting the
   64  accreditation requirements of this section, under the
   65  supervision of a licensed clinical social worker or the
   66  equivalent who is a qualified supervisor as determined by the
   67  board. An individual who intends to practice in Florida to
   68  satisfy clinical experience requirements must register pursuant
   69  to s. 491.0045 before commencing practice. If the applicant’s
   70  graduate program was not a program which emphasized direct
   71  clinical patient or client health care services as described in
   72  subparagraph (b)2., the supervised experience requirement must
   73  take place after the applicant has completed a minimum of 15
   74  semester hours or 22 quarter hours of the coursework required. A
   75  doctoral internship may be applied toward the clinical social
   76  work experience requirement. A licensed mental health
   77  professional must be on the premises when clinical services are
   78  provided by a registered intern in a private practice setting.
   79         (d) Has Passed a theory and practice examination designated
   80  by board rule provided by the department for this purpose.
   81         (e) Has Demonstrated, in a manner designated by board rule
   82  of the board, knowledge of the laws and rules governing the
   83  practice of clinical social work, marriage and family therapy,
   84  and mental health counseling.
   85         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
   86  documentation and payment of a fee not to exceed $200, as set by
   87  board rule, plus the actual cost of the purchase of the
   88  examination from the Association of Marital and Family Therapy
   89  Regulatory Board, or similar national organization, the
   90  department shall issue a license as a marriage and family
   91  therapist to an applicant who the board certifies has met all of
   92  the following criteria:
   93         (a) Has Submitted an application and paid the appropriate
   94  fee.
   95         (b)1.Attained one of the following:
   96         a.A minimum of a master’s degree in marriage and family
   97  therapy from a program accredited by the Commission on
   98  Accreditation for Marriage and Family Therapy Education.
   99         b.A minimum of a master’s degree with a major emphasis in
  100  marriage and family therapy or a closely related field from a
  101  university program accredited by the Council on Accreditation of
  102  Counseling and Related Educational Programs and graduate courses
  103  approved by the board.
  104         c.Has A minimum of a master’s degree with an major
  105  emphasis in marriage and family therapy or a closely related
  106  field, with a degree conferred before September 1, 2027, from an
  107  institutionally accredited college or university from a program
  108  accredited by the Commission on Accreditation for Marriage and
  109  Family Therapy Education or from a Florida university program
  110  accredited by the Council for Accreditation of Counseling and
  111  Related Educational Programs and graduate courses approved by
  112  the board of Clinical Social Work, Marriage and Family Therapy,
  113  and Mental Health Counseling.
  114         2. If the course title that appears on the applicant’s
  115  transcript does not clearly identify the content of the
  116  coursework, the applicant provided shall provide additional
  117  documentation, including, but not limited to, a syllabus or
  118  catalog description published for the course. The required
  119  master’s degree must have been received in an institution of
  120  higher education that, at the time the applicant graduated, was
  121  fully accredited by an institutional a regional accrediting body
  122  recognized by the Council for Higher Education Accreditation or
  123  its successor organization Commission on Recognition of
  124  Postsecondary Accreditation or was publicly recognized as a
  125  member in good standing with the Association of Universities and
  126  Colleges of Canada, or an institution of higher education
  127  located outside the United States and Canada which, at the time
  128  the applicant was enrolled and at the time the applicant
  129  graduated, maintained a standard of training substantially
  130  equivalent to the standards of training of those institutions in
  131  the United States which are accredited by an institutional a
  132  regional accrediting body recognized by the Council for Higher
  133  Education Accreditation or its successor organization Commission
  134  on Recognition of Postsecondary Accreditation. Such foreign
  135  education and training must have been received in an institution
  136  or program of higher education officially recognized by the
  137  government of the country in which it is located as an
  138  institution or program to train students to practice as
  139  professional marriage and family therapists or psychotherapists.
  140  The applicant has the burden of establishing that the
  141  requirements of this provision have been met, and the board
  142  shall require documentation, such as an evaluation by a foreign
  143  equivalency determination service, as evidence that the
  144  applicant’s graduate degree program and education were
  145  equivalent to an accredited program in this country. An
  146  applicant with a master’s degree from a program that did not
  147  emphasize marriage and family therapy may complete the
  148  coursework requirement in a training institution fully
  149  accredited by the Commission on Accreditation for Marriage and
  150  Family Therapy Education recognized by the United States
  151  Department of Education.
  152         (c) Completed Has had at least 2 years of clinical
  153  experience during which 50 percent of the applicant’s clients
  154  were receiving marriage and family therapy services, which must
  155  be at the post-master’s level under the supervision of a
  156  licensed marriage and family therapist with at least 5 years of
  157  experience, or the equivalent, who is a qualified supervisor as
  158  determined by the board. An individual who intends to practice
  159  in Florida to satisfy the clinical experience requirements must
  160  register pursuant to s. 491.0045 before commencing practice. If
  161  a graduate has a master’s degree with a major emphasis in
  162  marriage and family therapy or a closely related field which did
  163  not include all of the coursework required by paragraph (b),
  164  credit for the post-master’s level clinical experience may not
  165  commence until the applicant has completed a minimum of 10 of
  166  the courses required by paragraph (b), as determined by the
  167  board, and at least 6 semester hours or 9 quarter hours of the
  168  course credits must have been completed in the area of marriage
  169  and family systems, theories, or techniques. Within the 2 years
  170  of required experience, the applicant shall provide direct
  171  individual, group, or family therapy and counseling to cases
  172  including those involving unmarried dyads, married couples,
  173  separating and divorcing couples, and family groups that include
  174  children. A doctoral internship may be applied toward the
  175  clinical experience requirement. A licensed mental health
  176  professional must be on the premises when clinical services are
  177  provided by a registered intern in a private practice setting.
  178         (d) Has Passed a theory and practice examination designated
  179  by board rule provided by the department.
  180         (e) Has Demonstrated, in a manner designated by board rule,
  181  knowledge of the laws and rules governing the practice of
  182  clinical social work, marriage and family therapy, and mental
  183  health counseling.
  184  
  185  For the purposes of dual licensure, the department shall license
  186  as a marriage and family therapist any person who meets the
  187  requirements of s. 491.0057. Fees for dual licensure may not
  188  exceed those stated in this subsection.
  189         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  190  documentation and payment of a fee not to exceed $200, as set by
  191  board rule, plus the actual per applicant cost of purchase of
  192  the examination from the National Board for Certified Counselors
  193  or its successor organization, the department shall issue a
  194  license as a mental health counselor to an applicant who the
  195  board certifies has met all of the following criteria:
  196         (a) Has Submitted an application and paid the appropriate
  197  fee.
  198         (b)1. Attained Has a minimum of an earned master’s degree
  199  from a mental health counseling program accredited by the
  200  Council for the Accreditation of Counseling and Related
  201  Educational Programs which consists of at least 60 semester
  202  hours or 80 quarter hours of clinical and didactic instruction,
  203  including a course in human sexuality and a course in substance
  204  abuse. If the master’s degree is earned from a program related
  205  to the practice of mental health counseling which is not
  206  accredited by the Council for the Accreditation of Counseling
  207  and Related Educational Programs, then the coursework and
  208  practicum, internship, or fieldwork must consist of at least 60
  209  semester hours or 80 quarter hours and meet all of the following
  210  requirements:
  211         a. Thirty-three semester hours or 44 quarter hours of
  212  graduate coursework, which must include a minimum of 3 semester
  213  hours or 4 quarter hours of graduate-level coursework in each of
  214  the following 11 content areas: counseling theories and
  215  practice; human growth and development; diagnosis and treatment
  216  of psychopathology; human sexuality; group theories and
  217  practice; individual evaluation and assessment; career and
  218  lifestyle assessment; research and program evaluation; social
  219  and cultural foundations; substance abuse; and legal, ethical,
  220  and professional standards issues in the practice of mental
  221  health counseling. Courses in research, thesis or dissertation
  222  work, practicums, internships, or fieldwork may not be applied
  223  toward this requirement.
  224         b. A minimum of 3 semester hours or 4 quarter hours of
  225  graduate-level coursework addressing diagnostic processes,
  226  including differential diagnosis and the use of the current
  227  diagnostic tools, such as the current edition of the American
  228  Psychiatric Association’s Diagnostic and Statistical Manual of
  229  Mental Disorders. The graduate program must have emphasized the
  230  common core curricular experience.
  231         c. The equivalent, as determined by the board, of at least
  232  700 hours of university-sponsored supervised clinical practicum,
  233  internship, or field experience that includes at least 280 hours
  234  of direct client services, as required in the accrediting
  235  standards of the Council for Accreditation of Counseling and
  236  Related Educational Programs for mental health counseling
  237  programs. This experience may not be used to satisfy the post
  238  master’s clinical experience requirement.
  239         2. Has Provided additional documentation if a course title
  240  that appears on the applicant’s transcript does not clearly
  241  identify the content of the coursework. The documentation must
  242  include, but is not limited to, a syllabus or catalog
  243  description published for the course.
  244  
  245  Education and training in mental health counseling must have
  246  been received in an institution of higher education that, at the
  247  time the applicant graduated, was fully accredited by an
  248  institutional a regional accrediting body recognized by the
  249  Council for Higher Education Accreditation or its successor
  250  organization or was publicly recognized as a member in good
  251  standing with the Association of Universities and Colleges of
  252  Canada, or an institution of higher education located outside
  253  the United States and Canada which, at the time the applicant
  254  was enrolled and at the time the applicant graduated, maintained
  255  a standard of training substantially equivalent to the standards
  256  of training of those institutions in the United States which are
  257  accredited by an institutional a regional accrediting body
  258  recognized by the Council for Higher Education Accreditation or
  259  its successor organization. Such foreign education and training
  260  must have been received in an institution or program of higher
  261  education officially recognized by the government of the country
  262  in which it is located as an institution or program to train
  263  students to practice as mental health counselors. The applicant
  264  has the burden of establishing that the requirements of this
  265  provision have been met, and the board shall require
  266  documentation, such as an evaluation by a foreign equivalency
  267  determination service, as evidence that the applicant’s graduate
  268  degree program and education were equivalent to an accredited
  269  program in this country. Beginning July 1, 2025, an applicant
  270  must have a master’s degree from a program that is accredited by
  271  the Council for Accreditation of Counseling and Related
  272  Educational Programs, the Masters in Psychology and Counseling
  273  Accreditation Council, or an equivalent accrediting body which
  274  consists of at least 60 semester hours or 80 quarter hours to
  275  apply for licensure under this paragraph.
  276         (c) Completed Has had at least 2 years of clinical
  277  experience in mental health counseling, which must be at the
  278  post-master’s level under the supervision of a licensed mental
  279  health counselor or the equivalent who is a qualified supervisor
  280  as determined by the board. An individual who intends to
  281  practice in Florida to satisfy the clinical experience
  282  requirements must register pursuant to s. 491.0045 before
  283  commencing practice. If a graduate has a master’s degree with a
  284  major related to the practice of mental health counseling which
  285  did not include all the coursework required under sub
  286  subparagraphs (b)1.a. and b., credit for the post-master’s level
  287  clinical experience may not commence until the applicant has
  288  completed a minimum of seven of the courses required under sub
  289  subparagraphs (b)1.a. and b., as determined by the board, one of
  290  which must be a course in psychopathology or abnormal
  291  psychology. A doctoral internship may be applied toward the
  292  clinical experience requirement. A licensed mental health
  293  professional must be on the premises when clinical services are
  294  provided by a registered intern in a private practice setting.
  295         (d) Has Passed a theory and practice examination designated
  296  by board rule provided by the department for this purpose.
  297         (e) Has Demonstrated, in a manner designated by board rule,
  298  knowledge of the laws and rules governing the practice of
  299  clinical social work, marriage and family therapy, and mental
  300  health counseling.
  301         Section 2. This act shall take effect upon becoming a law.