Senate Bill 1958

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1958

    By Senator King





    8-1580-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to mental health professionals;

  3         amending s. 490.014, F.S.; authorizing the

  4         performance of psychological services by

  5         unlicensed persons pursuant to protocols under

  6         certain circumstances; requiring notice to

  7         clients and the courts and the maintenance of

  8         certain records; amending s. 491.014, F.S.;

  9         authorizing the performance of

10         psychotherapeutic services by unlicensed

11         persons pursuant to protocols under certain

12         circumstances; requiring notice to clients and

13         the courts and the maintenance of certain

14         records; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Paragraphs (a) and (b) of subsection (2) of

19  section 490.014, Florida Statutes, are amended to read:

20         490.014  Exemptions.--

21         (2)  No person shall be required to be licensed or

22  provisionally licensed under this chapter who:

23         (a)  Is a salaried employee of a government agency;

24  developmental services program, mental health, alcohol, or

25  drug abuse facility operating pursuant to chapter 393, chapter

26  394, or chapter 397; subsidized child care program, subsidized

27  child care case management program, or child care resource and

28  referral program operating pursuant to chapter 402;

29  child-placing or child-caring agency licensed pursuant to

30  chapter 409; domestic violence center certified pursuant to

31  chapter 39; accredited academic institution; or research

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1958
    8-1580-00                                               See HB




  1  institution, if such employee is performing duties for which

  2  he or she was trained and hired solely within the confines of

  3  such agency, facility, or institution. However, a person

  4  employed by the state or who works in an agency licensed or

  5  endorsed by the state may perform psychological services

  6  without a license issued pursuant to this chapter if the

  7  person follows a protocol for those psychological services

  8  adopted by the agency employing such unlicensed person. The

  9  agency employing unlicensed persons must maintain a list

10  identifying unlicensed persons and a log of their

11  psychological activities. The unlicensed employee must clearly

12  disclose to any person to whom psychological services are

13  rendered on behalf of the agency, or to the court when serving

14  as an expert witness or otherwise providing testimony

15  regarding psychological services rendered on behalf of the

16  agency, that the employee is not licensed as a psychologist by

17  this state. The agency employing the unlicensed person must

18  maintain a record of each such disclosure.

19         (b)  Is a salaried employee of a private, nonprofit

20  organization providing counseling services to children, youth,

21  and families, if such services are provided for no charge, if

22  such employee is performing duties for which he or she was

23  trained and hired. However, a person employed by the nonprofit

24  organization may perform psychological services without a

25  license issued pursuant to this chapter if the person follows

26  a protocol for those psychological services adopted by the

27  nonprofit organization employing such unlicensed person. The

28  nonprofit organization employing unlicensed persons must

29  maintain a list identifying unlicensed persons and a log of

30  their psychological activities. The unlicensed employee must

31  clearly disclose to any person to whom psychological services

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1958
    8-1580-00                                               See HB




  1  are rendered on behalf of the nonprofit organization, or to

  2  the court when serving as an expert witness or otherwise

  3  providing testimony regarding psychological services rendered

  4  on behalf of the nonprofit organization, that the employee is

  5  not licensed as a psychologist by this state. The nonprofit

  6  organization employing the unlicensed person must maintain a

  7  record of each such disclosure.

  8         Section 2.  Paragraphs (a) and (b) of subsection (4) of

  9  section 491.014, Florida Statutes, are amended to read:

10         491.014  Exemptions.--

11         (4)  No person shall be required to be licensed,

12  provisionally licensed, registered, or certified under this

13  chapter who:

14         (a)  Is a salaried employee of a government agency;

15  developmental services program, mental health, alcohol, or

16  drug abuse facility operating pursuant to chapter 393, chapter

17  394, or chapter 397; subsidized child care program, subsidized

18  child care case management program, or child care resource and

19  referral program operating pursuant to chapter 402;

20  child-placing or child-caring agency licensed pursuant to

21  chapter 409; domestic violence center certified pursuant to

22  chapter 39; accredited academic institution; or research

23  institution, if such employee is performing duties for which

24  he or she was trained and hired solely within the confines of

25  such agency, facility, or institution. However, a person

26  employed by the state or who works in an agency licensed or

27  endorsed by the state may perform psychotherapeutic services

28  without a license issued pursuant to this chapter if the

29  person follows a protocol for those psychotherapeutic services

30  adopted by the agency employing such unlicensed person. The

31  agency employing unlicensed persons must maintain a list

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1958
    8-1580-00                                               See HB




  1  identifying unlicensed persons and a log of their

  2  psychotherapeutic activities. The unlicensed employee must

  3  clearly disclose to any person to whom psychotherapeutic

  4  services are rendered on behalf of the agency, or to the court

  5  when serving as an expert witness or otherwise providing

  6  testimony regarding psychotherapeutic services rendered on

  7  behalf of the agency, that the employee is not licensed as a

  8  clinical social worker, marriage and family therapist, or

  9  mental health counselor by this state. The agency employing

10  the unlicensed person must maintain a record of each such

11  disclosure.

12         (b)  Is a salaried employee of a private, nonprofit

13  organization providing counseling services to children, youth,

14  and families, if such services are provided for no charge, if

15  such employee is performing duties for which he or she was

16  trained and hired. However, a person employed by the nonprofit

17  organization may perform psychotherapeutic services without a

18  license issued pursuant to this chapter if the person follows

19  a protocol for those psychotherapeutic services adopted by the

20  nonprofit organization employing such unlicensed person. The

21  nonprofit organization employing unlicensed persons must

22  maintain a list identifying unlicensed persons and a log of

23  their psychotherapeutic activities. The unlicensed employee

24  must clearly disclose to any person to whom psychotherapeutic

25  services are rendered on behalf of the nonprofit organization,

26  or to the court when serving as an expert witness or otherwise

27  providing testimony regarding psychotherapeutic services

28  rendered on behalf of the nonprofit organization, that the

29  employee is not licensed as a clinical social worker, marriage

30  and family therapist, or mental health counselor by this

31

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1958
    8-1580-00                                               See HB




  1  state. The nonprofit organization employing the unlicensed

  2  person must maintain a record of each such disclosure.

  3         Section 3.  This act shall take effect January 1, 2002.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Amends exemption provisions of chapters 490 and 491,
  8    F.S., effective January 1, 2002, to authorize persons who
      are employed by the state or work in an agency licensed
  9    or endorsed by the state, or who are employed by a
      nonprofit organization that provides counseling services
10    to children, youth, and families, to perform
      psychological or psychotherapeutic services, as
11    applicable, without a license pursuant to protocols
      adopted by the employing agency or organization. Requires
12    such persons to disclose to their clients and the courts
      that they are not licensed, and requires the employing
13    agency or organization to maintain a record of each such
      disclosure. Also requires the employing agency or
14    organization to maintain a list of all such unlicensed
      persons employed by the agency or organization and a log
15    of their psychological or psychotherapeutic activities.
      (See bill for details.)
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