| 1 | A bill to be entitled |
| 2 | An act relating to regulation of faith-based counseling; |
| 3 | providing definitions; requiring registration of faith- |
| 4 | based counselors; specifying nonapplication of certain |
| 5 | licensing provisions to certain faith-based counselors |
| 6 | under certain circumstances; providing registration |
| 7 | procedures and requirements; providing for certification |
| 8 | by examination; providing procedures; providing for a fee; |
| 9 | providing for certification of registration by |
| 10 | endorsement; providing criteria and requirements; |
| 11 | providing for renewal of registrations or certificates; |
| 12 | providing for a fee; providing criteria and requirements; |
| 13 | providing for inactive status; providing requirements and |
| 14 | criteria for reactivation of certification; providing |
| 15 | fees; authorizing qualified associations to adopt rules; |
| 16 | providing continuing education requirements; providing |
| 17 | procedures and criteria; providing for certain status as a |
| 18 | provider; providing for a fee; authorizing the Department |
| 19 | of Health or the qualified association to adopt rules; |
| 20 | providing for disciplinary actions for certain activities; |
| 21 | providing exemptions; providing for confidentiality of |
| 22 | certain information; providing exceptions; requiring the |
| 23 | keeping and maintaining of certain records; providing |
| 24 | requirements for display of certificates and use of |
| 25 | professional titles on certain materials; specifying |
| 26 | certain fees as nonrefundable; requiring a report to the |
| 27 | department; providing an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. (1) DEFINITIONS.--As used in this section, the |
| 32 | term: |
| 33 | (a) "Department" means the Department of Health. |
| 34 | (b) "Faith-based counseling" means ministry to |
| 35 | individuals, families, couples, groups, organizations, and the |
| 36 | general public involving the application of principles and |
| 37 | procedures of counseling to assess and treat intrapersonal and |
| 38 | interpersonal problems and other dysfunctional behavior of a |
| 39 | social and spiritual nature and to assist in the overall |
| 40 | development and healing process of those served. |
| 41 | (c) "Faith-based counselor" means a person who provides |
| 42 | faith-based counseling. |
| 43 | (d) "Qualified association" means an organization that |
| 44 | uses a certification process that is endorsed by a statewide |
| 45 | faith-based counseling organization in this state which was in |
| 46 | existence on January 1, 2005, and which publishes, and requires |
| 47 | compliance with, its standards and files copies of such |
| 48 | standards with the department as provided in subparagraph |
| 49 | (2)(b)1. |
| 50 | (2) REGISTRATION.-- |
| 51 | (a) A faith-based counselor may not practice, and a person |
| 52 | may not commence his or her faith-based counselor professional |
| 53 | practicum, internship, or field experience, in this state unless |
| 54 | he or she has first registered with and been certified by a |
| 55 | qualified association as provided in this section. |
| 56 | (b) The licensing provisions of chapter 491, Florida |
| 57 | Statutes, do not apply to a faith-based counselor who: |
| 58 | 1. Is certified by a statewide faith-based counseling |
| 59 | organization in this state which was in existence on January 1, |
| 60 | 2005, and which publishes and requires compliance with the |
| 61 | organization's standards and files copies of such standards with |
| 62 | the department. Such standards shall be in substantial |
| 63 | compliance with chapter 491, Florida Statutes, and the rules and |
| 64 | minimum standards adopted under that chapter, with the exception |
| 65 | of those standards of a curricular or religious nature. After |
| 66 | the department has determined that the standards for faith-based |
| 67 | counselors are in substantial compliance with minimum standards |
| 68 | that professionals licensed under chapter 491, Florida Statutes, |
| 69 | are required to meet, the standards need not be resubmitted to |
| 70 | the department unless a change in the standards occurs. If the |
| 71 | organization adopts any changes to the standards, the |
| 72 | organization shall provide such changes to the department within |
| 73 | 10 days after their adoption. |
| 74 | 2. Has been issued a certificate of registration by the |
| 75 | qualified association. |
| 76 | (c) The qualified association shall register as a faith- |
| 77 | based counselor intern an applicant who the qualified |
| 78 | association verifies has: |
| 79 | 1. Completed the application form and remitted a |
| 80 | nonrefundable application fee as set by the qualified |
| 81 | association, not to exceed $200. |
| 82 | 2. Completed the minimum education requirements of |
| 83 | obtaining a master's degree in faith-based counseling or a |
| 84 | related field from an accredited college or a faith-based |
| 85 | college and submitted an acceptable supervision plan, working |
| 86 | under a registered or certificated faith-based counselor, for |
| 87 | meeting any practicum, internship, or field experience |
| 88 | requirements for registration or certification that may not have |
| 89 | been satisfied in his or her graduate program. |
| 90 | 3. Identified a qualified faith-based counselor to |
| 91 | supervise his or her practicum, internship, or field experience. |
| 92 | (d) Upon verification that all requirements for |
| 93 | registration have been met, the qualified association shall |
| 94 | issue to an applicant, without charge, a certificate of |
| 95 | registration valid for 1 year. An applicant for certification |
| 96 | must remain under supervision until he or she receives his or |
| 97 | her certificate of registration from the qualified association. |
| 98 | (e) Faith-based counselors who have met the minimum |
| 99 | education requirements and commenced the minimum experience |
| 100 | requirements as set out in the qualified association's published |
| 101 | standards shall register with the qualified association before |
| 102 | July 1, 2005. Faith-based counselors who fail to comply with |
| 103 | this paragraph may not be granted a certificate of registration, |
| 104 | and any time spent by the person completing the experience |
| 105 | requirement prior to registration as an intern does not count |
| 106 | toward completion of such requirement. |
| 107 | (3) CERTIFICATION BY EXAMINATION.--Upon verification of |
| 108 | documentation and payment of a nonrefundable application fee as |
| 109 | set by the qualified association, such fee not to exceed $200, |
| 110 | plus the actual per-applicant cost to the qualified association |
| 111 | or its registration agent for purchase of the examination from |
| 112 | the state, a professional licensure agency, or a similar |
| 113 | national professional organization, the qualified association |
| 114 | shall issue a certificate of registration as a clinical faith- |
| 115 | based counselor to an applicant who the qualified association |
| 116 | certifies has: |
| 117 | (a) Completed the application form and remitted a |
| 118 | nonrefundable application fee as set by the qualified |
| 119 | association, not to exceed $200. |
| 120 | (b) Received the minimum of a master's degree in faith- |
| 121 | based counseling, or a closely related field, from a regionally |
| 122 | accredited college or has received the minimum of a master's |
| 123 | degree in faith-based counseling from a faith-based theological |
| 124 | seminary which the qualified association has determined was, at |
| 125 | the time the applicant graduated, a program equivalent to |
| 126 | programs approved by the Council on Faith-Based Counseling |
| 127 | Education. An applicant who graduated from a university or |
| 128 | college program outside the United States or Canada must present |
| 129 | documentation of the equivalency determination from the council |
| 130 | in order to qualify to sit for the examination. The master's- |
| 131 | level graduate program must have included direct clinical |
| 132 | pastoral or faith-based patient or client counseling services |
| 133 | and the coursework, casework, and experience as required by the |
| 134 | qualified association's published standards. |
| 135 | (c) Passed a theory and practice examination provided by |
| 136 | the qualified association for this purpose. |
| 137 | (d) Demonstrated, in a manner designated by the qualified |
| 138 | association's published standards, knowledge of the laws and |
| 139 | rules governing the practice of clinical faith-based counseling. |
| 140 | (e) Completed a minimum of 3 semester hours or 4 quarter |
| 141 | hours of graduate-level coursework as required by the qualified |
| 142 | association's published standards. |
| 143 | (f) Completed the equivalent, as determined by the |
| 144 | qualified association, of at least 1,000 hours of university- |
| 145 | sponsored or seminary-supervised clinical practicum, internship, |
| 146 | or field experience as required by the standards of the council. |
| 147 | This experience may not be used to satisfy the postmaster's |
| 148 | clinical experience requirement. |
| 149 | (4) CERTIFICATION BY ENDORSEMENT.--The qualified |
| 150 | association shall issue a certificate of registration to a |
| 151 | person in a profession to which this section applies who, upon |
| 152 | applying to the qualified association and remitting the |
| 153 | appropriate fee, demonstrates to the qualified association that |
| 154 | he or she: |
| 155 | (a) Has knowledge of the laws and rules governing the |
| 156 | practice of clinical faith-based counseling. |
| 157 | (b) Holds an active, valid license to practice and has |
| 158 | actively practiced the profession for which licensure is applied |
| 159 | in another state for 3 of the last 5 years immediately preceding |
| 160 | his or her application for registration with the qualified |
| 161 | association. |
| 162 | (c) Meets the educational requirements of this section for |
| 163 | the profession for which registration is applied. |
| 164 | (d) Has passed a substantially equivalent examination in |
| 165 | another state or has passed the registration examination in this |
| 166 | state in the profession for which the applicant seeks |
| 167 | certification. |
| 168 | (e) Holds a certificate in good standing, is not under |
| 169 | investigation for an act that would constitute a violation of |
| 170 | this section, and has not been found to have committed any act |
| 171 | that would constitute a violation of this section. |
| 172 | (5) RENEWAL OF REGISTRATION OR CERTIFICATION.-- |
| 173 | (a) The qualified association shall prescribe by rule a |
| 174 | method for the biennial renewal of registration or certification |
| 175 | at a fee set by rule, not to exceed $250. |
| 176 | (b) Each applicant for renewal shall present satisfactory |
| 177 | evidence that, in the period since the registration or |
| 178 | certificate was issued, the applicant has completed continuing |
| 179 | education requirements set by rule of the qualified association. |
| 180 | Not more than 25 classroom hours of continuing education per |
| 181 | year shall be required. |
| 182 | (c) The qualified association shall prescribe by rule a |
| 183 | method for the biennial renewal of an intern registration at a |
| 184 | fee set by rule, not to exceed $100. |
| 185 | (6) INACTIVE STATUS; REACTIVATION OF CERTIFICATION; |
| 186 | FEES.-- |
| 187 | (a) Upon application to the qualified association and |
| 188 | payment of a $50 fee, a registered faith-based counselor may be |
| 189 | placed on inactive status. |
| 190 | 1. An inactive certificate may be renewed biennially for |
| 191 | $50. |
| 192 | 2. An inactive certificate may be reactivated by |
| 193 | submitting an application to the qualified association, |
| 194 | completing the continuing education requirements, complying with |
| 195 | any background investigation required, complying with other |
| 196 | requirements prescribed by the qualified association, and paying |
| 197 | a $50 reactivation fee plus the current biennial renewal fee at |
| 198 | the time of reactivation. |
| 199 | (b) The qualified association may adopt rules relating to |
| 200 | inactive certificates and the reactivation of certificates. |
| 201 | (7) CONTINUING EDUCATION AND LAWS AND RULES COURSES; |
| 202 | APPROVAL OF PROVIDERS, PROGRAMS, AND COURSES; PROOF OF |
| 203 | COMPLETION.-- |
| 204 | (a) Faith-based continuing education providers, programs, |
| 205 | and courses and laws and rules courses and their providers and |
| 206 | programs shall be approved by the qualified association. |
| 207 | (b) The qualified association may set a fee, not to exceed |
| 208 | $200, for each applicant who applies for or renews provider |
| 209 | status. |
| 210 | (c) Proof of completion of the required number of hours of |
| 211 | continuing education and completion of the laws and rules course |
| 212 | shall be submitted to the qualified association in the manner |
| 213 | and time specified by rule and on forms provided by the |
| 214 | qualified association. |
| 215 | (d) The department or the qualified association shall |
| 216 | adopt rules and guidelines to administer and enforce the |
| 217 | provisions of this subsection. |
| 218 | (8) DISCIPLINE.-- |
| 219 | (a) The following acts constitute grounds for denial of |
| 220 | certification or disciplinary action, as specified in section |
| 221 | 456.072(2), Florida Statutes: |
| 222 | 1. Attempting to obtain, obtaining, or renewing a |
| 223 | registration or certification under this section by bribery or |
| 224 | fraudulent misrepresentation or through an error of the |
| 225 | qualified association or the department. |
| 226 | 2. Having a registration or certification to practice a |
| 227 | comparable profession revoked, suspended, or otherwise acted |
| 228 | against, including the denial of certification or licensure by |
| 229 | another state, territory, or country. |
| 230 | 3. Being convicted or found guilty of, regardless of |
| 231 | adjudication, or having entered a plea of nolo contendere to, a |
| 232 | crime in any jurisdiction which directly relates to the practice |
| 233 | of one's profession or the ability to practice one's profession. |
| 234 | However, in the case of a plea of nolo contendere, the qualified |
| 235 | association shall allow the person who is the subject of the |
| 236 | disciplinary proceeding to present evidence in mitigation |
| 237 | relevant to the underlying charges and circumstances surrounding |
| 238 | the plea. |
| 239 | 4. False, deceptive, or misleading advertising or |
| 240 | obtaining a fee or other thing of value on the representation |
| 241 | that beneficial results from any treatment will be guaranteed. |
| 242 | 5. Advertising, practicing, or attempting to practice |
| 243 | under a name other than one's own name. |
| 244 | 6. Maintaining a professional association with any person |
| 245 | who the applicant, registered intern, or certificateholder |
| 246 | knows, or has reason to believe, is in violation of this section |
| 247 | or a rule of the department. |
| 248 | 7. Knowingly aiding, assisting, procuring, or advising any |
| 249 | unregistered or uncertified person to hold himself or herself |
| 250 | out as registered or certified under this section. |
| 251 | 8. Failing to perform any statutory or legal obligation |
| 252 | placed upon a person registered or certified under this section. |
| 253 | 9. Willfully making or filing a false report or record, |
| 254 | failing to file a report or record required by state or federal |
| 255 | law, willfully impeding or obstructing the filing of a report or |
| 256 | record, or inducing another person to make or file a false |
| 257 | report or record or to impede or obstruct the filing of a report |
| 258 | or record. Such report or record means only a report or record |
| 259 | that requires the signature of a person registered or certified |
| 260 | under this section. |
| 261 | 10. Paying a kickback, rebate, bonus, or other |
| 262 | remuneration for receiving a patient or client, or receiving a |
| 263 | kickback, rebate, bonus, or other remuneration for referring a |
| 264 | patient or client to another provider of mental health care |
| 265 | services or to a provider of health care services or goods; |
| 266 | referring a patient or client to oneself for services on a fee- |
| 267 | paid basis when those services are already being paid for by |
| 268 | some other public or private entity; or entering into a |
| 269 | reciprocal referral agreement. |
| 270 | 11. Committing any act upon a patient or client which |
| 271 | would constitute sexual battery or which would constitute sexual |
| 272 | misconduct, as provided by s. 491.0111, Florida Statutes. |
| 273 | 12. Making misleading, deceptive, untrue, or fraudulent |
| 274 | representations in the practice of any profession registered or |
| 275 | certified under this section. |
| 276 | 13. Soliciting patients or clients personally, or through |
| 277 | an agent, through the use of fraud, intimidation, undue |
| 278 | influence, or a form of overreaching or vexatious conduct. |
| 279 | 14. Failing to make available to a patient or client, upon |
| 280 | written request, copies of tests, reports, or documents in the |
| 281 | possession or under the control of the registered intern or |
| 282 | certificateholder which have been prepared for and paid for by |
| 283 | the patient or client. |
| 284 | 15. Failing to respond within 30 days to a written |
| 285 | communication from the department or the qualified association |
| 286 | concerning any investigation by the department or the qualified |
| 287 | association or failing to make available any relevant records |
| 288 | with respect to any investigation concerning the registered |
| 289 | intern's or certificateholder's conduct or background. |
| 290 | 16. Being unable to practice the profession for which he |
| 291 | or she is registered or certified under this section with |
| 292 | reasonable skill or competence as a result of any mental or |
| 293 | physical condition or by reason of illness, drunkenness, or |
| 294 | excessive use of drugs, narcotics, chemicals, or any other |
| 295 | substance. In enforcing this subparagraph, upon a finding by the |
| 296 | qualified association that probable cause exists to believe that |
| 297 | the registered intern or certificateholder is unable to practice |
| 298 | a profession because of the reasons stated in this subparagraph, |
| 299 | the qualified association may compel the registered intern or |
| 300 | certificateholder to submit to a mental or physical examination |
| 301 | by faith-based counselors, psychologists, physicians, or |
| 302 | licensees under chapter 491, Florida Statutes, designated by the |
| 303 | qualified association. If the registered intern or |
| 304 | certificateholder refuses to comply with such order, the |
| 305 | qualified association may suspend or revoke the person's |
| 306 | registration or certification. A registered intern or |
| 307 | certificateholder affected under this subparagraph shall at |
| 308 | reasonable intervals be afforded an opportunity to demonstrate |
| 309 | that he or she can resume the competent practice for which he or |
| 310 | she is registered or certified with reasonable skill and safety |
| 311 | to patients. |
| 312 | 17. Performing any treatment or prescribing any therapy |
| 313 | that, by the prevailing standards of faith-based counselors in |
| 314 | the community, would constitute experimentation on human |
| 315 | subjects, without first obtaining full, informed, and written |
| 316 | consent. |
| 317 | 18. Failing to meet the minimum standards of performance |
| 318 | in professional activities when measured against generally |
| 319 | prevailing peer performance, including the undertaking of |
| 320 | activities for which the registered intern or certificateholder |
| 321 | is not qualified by training or experience. |
| 322 | 19. Delegating professional responsibilities to a person |
| 323 | whom the registered intern or certificateholder knows or has |
| 324 | reason to know is not qualified by training or experience to |
| 325 | perform such responsibilities. |
| 326 | 20. Violating a rule relating to the regulation of the |
| 327 | profession or a lawful order of the qualified association |
| 328 | previously entered in a disciplinary hearing. |
| 329 | 21. Failing to maintain in confidence a communication made |
| 330 | by a patient or client in the context of such services, except |
| 331 | as provided in section 491.0147, Florida Statutes. |
| 332 | 22. Making public statements that are derived from test |
| 333 | data, client contacts, or behavioral research and that identify |
| 334 | or damage research subjects or clients. |
| 335 | (b) The qualified association shall notify the department |
| 336 | within 10 days after the suspension or revocation of the |
| 337 | registration or certification of any faith-based counselor |
| 338 | registered or certified under this subsection. |
| 339 | (c)1. The qualified association shall notify the |
| 340 | department when the qualified association finds there is a |
| 341 | violation of any of the provisions of this subsection which |
| 342 | threatens harm to any patient or client. |
| 343 | 2. The qualified association shall notify the department |
| 344 | when the qualified association finds, within 30 days after |
| 345 | written notification by registered mail of the requirement for |
| 346 | registration, that a person continues to offer faith-based |
| 347 | counseling services without a certificate of registration. The |
| 348 | department shall enforce the provisions of this subsection |
| 349 | pursuant to chapter 491, Florida Statutes. |
| 350 | (9) EXEMPTIONS.--This section does not limit the |
| 351 | performance of activities of a rabbi, priest, minister, or |
| 352 | member of the clergy of any religious denomination or sect or |
| 353 | use of the term "Christian counselor" or "Christian clinical |
| 354 | counselor" when the activities of such person are within the |
| 355 | scope of the performance of his or her regular or specialized |
| 356 | ministerial duties and no compensation is received by him or her |
| 357 | or when such activities are performed, with or without |
| 358 | compensation, by a person for or under the auspices or |
| 359 | sponsorship, individually or in conjunction with others, of an |
| 360 | established and legally cognizable church, denomination, or sect |
| 361 | and when the person rendering service remains accountable to the |
| 362 | established authority thereof. |
| 363 | (10) CONFIDENTIALITY AND PRIVILEGED COMMUNICATIONS.--Any |
| 364 | communication between any person registered or certified under |
| 365 | this section and his or her patient or client is confidential. |
| 366 | This secrecy may be waived under the following conditions: |
| 367 | (a) When the person certified under this chapter is a |
| 368 | party defendant to a civil, criminal, or disciplinary action |
| 369 | arising from a complaint filed by the patient or client, in |
| 370 | which case the waiver shall be limited to that action. |
| 371 | (b) When the patient or client agrees to the waiver in |
| 372 | writing or when more than one person in a family is receiving |
| 373 | therapy and each family member agrees to the waiver in writing. |
| 374 | (c) When there is a clear and immediate probability of |
| 375 | physical harm to the patient or client, to other individuals, or |
| 376 | to society and the person registered or certified under this |
| 377 | section communicates the information only to the potential |
| 378 | victim, appropriate family member, or law enforcement or other |
| 379 | appropriate authorities. |
| 380 | (11) RECORDS.-- |
| 381 | (a) Each faith-based counselor who provides services as |
| 382 | defined in this section shall give notice to all clients and |
| 383 | patients on all intake documents and counseling agreements that |
| 384 | he or she is not licensed by this state but is registered or |
| 385 | certified by the qualified association pursuant to this section. |
| 386 | All intake documents and counseling agreements must contain the |
| 387 | address and telephone number of the qualified association. |
| 388 | (b) Each faith-based counselor who provides services as |
| 389 | defined in this section shall maintain records. The qualified |
| 390 | association may adopt rules defining the minimum requirements |
| 391 | for records and reports, including content, length of time |
| 392 | records shall be maintained, and transfer of either the records |
| 393 | or a report of such records to a subsequent treating |
| 394 | practitioner or other individual, with written consent of the |
| 395 | client or clients. |
| 396 | (12) DISPLAY OF REGISTRATION OR CERTIFICATE; USE OF |
| 397 | PROFESSIONAL TITLE ON PROMOTIONAL MATERIALS.-- |
| 398 | (a) A person registered or certified under this section as |
| 399 | a faith-based counselor shall conspicuously display the valid |
| 400 | registration certificate issued by a qualified association or a |
| 401 | true copy thereof at each location at which the |
| 402 | certificateholder practices his or her profession. |
| 403 | (b) A certified faith-based counselor shall include the |
| 404 | words "certified faith-based counselor" on all promotional |
| 405 | materials, including cards, brochures, stationery, |
| 406 | advertisements, and signs, naming the certificateholder. |
| 407 | (13) FEES NONREFUNDABLE.--The fees paid by any applicant |
| 408 | for certification as a registered faith-based counselor under |
| 409 | this section are nonrefundable. |
| 410 | (14) REPORT.--The qualified association issuing |
| 411 | certificates of registration under this section shall annually |
| 412 | report to the department the number of faith-based counselors |
| 413 | and interns registered during the most recent calendar year and |
| 414 | the names and addresses of the counselors and interns. |
| 415 | Section 2. This act shall take effect upon becoming a law. |