Florida Senate - 2016                                     SB 858
       
       
        
       By Senator Legg
       
       
       
       
       
       17-00689A-16                                           2016858__
    1                        A bill to be entitled                      
    2         An act relating to clinical social worker, marriage
    3         and family therapist, and mental health counselor
    4         interns; amending s. 491.0045, F.S.; revising clinical
    5         social worker, marriage and family therapist, and
    6         mental health counselor intern registration
    7         requirements; revising requirements for supervision of
    8         registered interns; deleting specified education and
    9         experience requirements; establishing validity periods
   10         and providing for expiration of intern registrations;
   11         establishing requirements for a subsequent intern
   12         registration and for an applicant who has held a
   13         provisional license; amending s. 491.005, F.S.;
   14         requiring a licensed mental health professional to be
   15         on the premises when a registered intern provides
   16         services in clinical social work, marriage and family
   17         therapy, or mental health counseling; deleting a
   18         clinical experience requirement for such registered
   19         interns; deleting a provision requiring that certain
   20         registered interns meet educational requirements for
   21         licensure; reenacting s. 491.012(1)(i),(j), and (k),
   22         F.S., relating to penalties, to incorporate the
   23         amendment made to s. 491.0045, F.S., in a reference
   24         thereto; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 491.0045, Florida Statutes, is amended
   29  to read:
   30         491.0045 Intern registration; requirements.—
   31         (1) Effective January 1, 1998, An individual who has not
   32  satisfied intends to practice in Florida to satisfy the
   33  postgraduate or post-master’s level experience requirements, as
   34  specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register
   35  as an intern in the profession for which he or she is seeking
   36  licensure before prior to commencing the post-master’s
   37  experience requirement. or An individual who intends to satisfy
   38  part of the required graduate-level practicum, internship, or
   39  field experience, outside the academic arena for any profession,
   40  must register as an intern in the profession for which he or she
   41  is seeking licensure before prior to commencing the practicum,
   42  internship, or field experience.
   43         (2) The department shall register as a clinical social
   44  worker intern, marriage and family therapist intern, or mental
   45  health counselor intern each applicant who the board certifies
   46  has:
   47         (a) Completed the application form and remitted a
   48  nonrefundable application fee not to exceed $200, as set by
   49  board rule;
   50         (b)1. Completed the education requirements as specified in
   51  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
   52  he or she is applying for licensure, if needed; and
   53         2. Submitted an acceptable supervision plan, as determined
   54  by the board, for meeting the practicum, internship, or field
   55  work required for licensure that was not satisfied in his or her
   56  graduate program.
   57         (c) Identified a qualified supervisor.
   58         (3) An individual registered under this section must remain
   59  under supervision while practicing under registered intern
   60  status until he or she is in receipt of a license or a letter
   61  from the department stating that he or she is licensed to
   62  practice the profession for which he or she applied.
   63         (4) An individual who has applied for intern registration
   64  on or before December 31, 2001, and has satisfied the education
   65  requirements of s. 491.005 that are in effect through December
   66  31, 2000, will have met the educational requirements for
   67  licensure for the profession for which he or she has applied.
   68         (4)(5) Individuals who have commenced the experience
   69  requirement as specified in s. 491.005(1)(c), (3)(c), or (4)(c)
   70  but failed to register as required by subsection (1) shall
   71  register with the department before January 1, 2000. Individuals
   72  who fail to comply with this section may subsection shall not be
   73  granted a license under this chapter, and any time spent by the
   74  individual completing the experience requirement as specified in
   75  s. 491.005(1)(c), (3)(c), or (4)(c) before prior to registering
   76  as an intern does shall not count toward completion of the such
   77  requirement.
   78         (5) An intern registration issued on or before April 1,
   79  2017, expires March 31, 2022, and may not be renewed or
   80  reissued. An intern registration issued after April 1, 2017,
   81  expires 60 months after the date of issuance. No subsequent
   82  intern registration may be issued unless the candidate has
   83  passed the theory and practice examination described in s.
   84  491.005 (1)(d), (3)(d), and (4)(d).
   85         (6) An individual who has held a provisional license issued
   86  by the board may not apply for an intern registration in the
   87  same profession.
   88         Section 2. Paragraphs (a) and (c) of subsection (1),
   89  paragraphs (a) and (c) of subsection (3), paragraphs (a) and (c)
   90  of subsection (4), and subsections (5) and (6) of section
   91  491.005, Florida Statutes, are amended to read:
   92         491.005 Licensure by examination.—
   93         (1) CLINICAL SOCIAL WORK.—Upon verification of
   94  documentation and payment of a fee not to exceed $200, as set by
   95  board rule, plus the actual per applicant cost to the department
   96  for purchase of the examination from the American Association of
   97  State Social Worker’s Boards or a similar national organization,
   98  the department shall issue a license as a clinical social worker
   99  to an applicant who the board certifies:
  100         (a) Has submitted an made application therefor and paid the
  101  appropriate fee.
  102         (c) Has had at least not less than 2 years of clinical
  103  social work experience, which took place subsequent to
  104  completion of a graduate degree in social work at an institution
  105  meeting the accreditation requirements of this section, under
  106  the supervision of a licensed clinical social worker or the
  107  equivalent who is a qualified supervisor as determined by the
  108  board. An individual who intends to practice in Florida to
  109  satisfy clinical experience requirements must register pursuant
  110  to s. 491.0045 before prior to commencing practice. If the
  111  applicant’s graduate program was not a program which emphasized
  112  direct clinical patient or client health care services as
  113  described in subparagraph (b)2., the supervised experience
  114  requirement must take place after the applicant has completed a
  115  minimum of 15 semester hours or 22 quarter hours of the
  116  coursework required. A doctoral internship may be applied toward
  117  the clinical social work experience requirement. A licensed
  118  mental health professional must be on the premises when clinical
  119  services are provided by a registered intern in a private
  120  practice setting. The experience requirement may be met by work
  121  performed on or off the premises of the supervising clinical
  122  social worker or the equivalent, provided the off-premises work
  123  is not the independent private practice rendering of clinical
  124  social work that does not have a licensed mental health
  125  professional, as determined by the board, on the premises at the
  126  same time the intern is providing services.
  127         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  128  documentation and payment of a fee not to exceed $200, as set by
  129  board rule, plus the actual cost to the department for the
  130  purchase of the examination from the Association of Marital and
  131  Family Therapy Regulatory Board, or similar national
  132  organization, the department shall issue a license as a marriage
  133  and family therapist to an applicant who the board certifies:
  134         (a) Has submitted an made application therefor and paid the
  135  appropriate fee.
  136         (c) Has had at least not less than 2 years of clinical
  137  experience during which 50 percent of the applicant’s clients
  138  were receiving marriage and family therapy services, which must
  139  be at the post-master’s level under the supervision of a
  140  licensed marriage and family therapist with at least 5 years of
  141  experience, or the equivalent, who is a qualified supervisor as
  142  determined by the board. An individual who intends to practice
  143  in Florida to satisfy the clinical experience requirements must
  144  register pursuant to s. 491.0045 before prior to commencing
  145  practice. If a graduate has a master’s degree with a major
  146  emphasis in marriage and family therapy or a closely related
  147  field that did not include all the coursework required under
  148  sub-subparagraphs (b)1.a.-c., credit for the post-master’s level
  149  clinical experience shall not commence until the applicant has
  150  completed a minimum of 10 of the courses required under sub
  151  subparagraphs (b)1.a.-c., as determined by the board, and at
  152  least 6 semester hours or 9 quarter hours of the course credits
  153  must have been completed in the area of marriage and family
  154  systems, theories, or techniques. Within the 3 years of required
  155  experience, the applicant shall provide direct individual,
  156  group, or family therapy and counseling, to include the
  157  following categories of cases: unmarried dyads, married couples,
  158  separating and divorcing couples, and family groups including
  159  children. A doctoral internship may be applied toward the
  160  clinical experience requirement. A licensed mental health
  161  professional must be on the premises when clinical services are
  162  provided by a registered intern in a private practice setting.
  163  The clinical experience requirement may be met by work performed
  164  on or off the premises of the supervising marriage and family
  165  therapist or the equivalent, provided the off-premises work is
  166  not the independent private practice rendering of marriage and
  167  family therapy services that does not have a licensed mental
  168  health professional, as determined by the board, on the premises
  169  at the same time the intern is providing services.
  170         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  171  documentation and payment of a fee not to exceed $200, as set by
  172  board rule, plus the actual per applicant cost to the department
  173  for purchase of the examination from the Professional
  174  Examination Service for the National Academy of Certified
  175  Clinical Mental Health Counselors or a similar national
  176  organization, the department shall issue a license as a mental
  177  health counselor to an applicant who the board certifies:
  178         (a) Has submitted an made application therefor and paid the
  179  appropriate fee.
  180         (c) Has had at least not less than 2 years of clinical
  181  experience in mental health counseling, which must be at the
  182  post-master’s level under the supervision of a licensed mental
  183  health counselor or the equivalent who is a qualified supervisor
  184  as determined by the board. An individual who intends to
  185  practice in Florida to satisfy the clinical experience
  186  requirements must register pursuant to s. 491.0045 before prior
  187  to commencing practice. If a graduate has a master’s degree with
  188  a major related to the practice of mental health counseling that
  189  did not include all the coursework required under sub
  190  subparagraphs (b)1.a.-b., credit for the post-master’s level
  191  clinical experience shall not commence until the applicant has
  192  completed a minimum of seven of the courses required under sub
  193  subparagraphs (b)1.a.-b., as determined by the board, one of
  194  which must be a course in psychopathology or abnormal
  195  psychology. A doctoral internship may be applied toward the
  196  clinical experience requirement. A licensed mental health
  197  professional must be on the premises when clinical services are
  198  provided by a registered intern in a private practice setting.
  199  The clinical experience requirement may be met by work performed
  200  on or off the premises of the supervising mental health
  201  counselor or the equivalent, provided the off-premises work is
  202  not the independent private practice rendering of services that
  203  does not have a licensed mental health professional, as
  204  determined by the board, on the premises at the same time the
  205  intern is providing services.
  206         (5) INTERNSHIP.—An individual who is registered as an
  207  intern and has satisfied all of the educational requirements for
  208  the profession for which the applicant seeks licensure shall be
  209  certified as having met the educational requirements for
  210  licensure under this section.
  211         (5)(6) RULES.—The board may adopt rules necessary to
  212  implement any education or experience requirement of this
  213  section for licensure as a clinical social worker, marriage and
  214  family therapist, or mental health counselor.
  215         Section 3. For the purpose of incorporating the amendment
  216  made by this act to section 491.0045, Florida Statutes, in a
  217  reference thereto, paragraphs (i), (j), and (k) of subsection
  218  (1) of section 491.012, Florida Statutes, are reenacted to read:
  219         491.012 Violations; penalty; injunction.—
  220         (1) It is unlawful and a violation of this chapter for any
  221  person to:
  222         (i) Practice clinical social work in this state for
  223  compensation, unless the person holds a valid, active license to
  224  practice clinical social work issued pursuant to this chapter or
  225  is an intern registered pursuant to s. 491.0045.
  226         (j) Practice marriage and family therapy in this state for
  227  compensation, unless the person holds a valid, active license to
  228  practice marriage and family therapy issued pursuant to this
  229  chapter or is an intern registered pursuant to s. 491.0045.
  230         (k) Practice mental health counseling in this state for
  231  compensation, unless the person holds a valid, active license to
  232  practice mental health counseling issued pursuant to this
  233  chapter or is an intern registered pursuant to s. 491.0045.
  234         Section 4. This act shall take effect July 1, 2016.