Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 358
       
       
       
       
       
                               Ì7127080Î712708                          
       
       576-03259-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to mental health professionals;
    3         creating s. 491.017, F.S.; creating the Professional
    4         Counselors Licensure Compact; providing purposes and
    5         objectives; defining terms; specifying requirements
    6         for state participation in the compact; specifying
    7         duties of member states; authorizing member states to
    8         charge a fee for granting a privilege to practice
    9         under the compact; specifying that that compact does
   10         not affect an individual’s ability to apply for, and a
   11         member state’s ability to grant, a single state
   12         license pursuant to the laws of that state; providing
   13         construction; providing for recognition of the
   14         privilege to practice licensed professional counseling
   15         in member states; specifying criteria a licensed
   16         professional counselor must meet for the privilege to
   17         practice under the compact; providing for the
   18         expiration and renewal of the privilege to practice;
   19         providing construction; specifying that a licensee
   20         with a privilege to practice in a remote state must
   21         adhere to the laws and rules of that state;
   22         authorizing member states to act on a licensee’s
   23         privilege to practice under certain circumstances;
   24         specifying the consequences and parameters of practice
   25         for a licensee whose privilege to practice has been
   26         acted on or whose home state license is encumbered;
   27         specifying that a licensed professional counselor may
   28         hold a home state license in only one member state at
   29         a time; specifying requirements and procedures for
   30         changing a home state license designation; providing
   31         construction; authorizing active duty military
   32         personnel or their spouses to keep their home state
   33         designation during active duty; specifying how such
   34         individuals may subsequently change their home state
   35         license designation; providing for the recognition of
   36         the practice of professional counseling through
   37         telehealth in member states; specifying that licensees
   38         must adhere to the laws and rules of the remote state
   39         in which they provide professional counseling through
   40         telehealth; authorizing member states to take adverse
   41         actions against licensees and issue subpoenas for
   42         hearings and investigations under certain
   43         circumstances; providing requirements and procedures
   44         for adverse action; authorizing member states to
   45         engage in joint investigations under certain
   46         circumstances; providing that a licensee’s privilege
   47         to practice must be deactivated in all member states
   48         for the duration of an encumbrance imposed by the
   49         licensee’s home state; providing for notice to the
   50         data system and the licensee’s home state of any
   51         adverse action taken against a licensee; providing
   52         construction; establishing the Counseling Compact
   53         Commission; providing for the jurisdiction and venue
   54         for court proceedings; providing construction;
   55         providing for membership, meetings, and powers of the
   56         commission; specifying powers and duties of the
   57         commission’s executive committee; providing for the
   58         financing of the commission; providing commission
   59         members, officers, executive directors, employees, and
   60         representatives immunity from civil liability under
   61         certain circumstances; providing exceptions; requiring
   62         the commission to defend the commission’s members,
   63         officers, executive directors, employees, and
   64         representatives in civil actions under certain
   65         circumstances; providing construction; requiring the
   66         commission to indemnify and hold harmless such
   67         individuals for any settlement or judgment obtained in
   68         such actions under certain circumstances; providing
   69         for the development of the data system, reporting
   70         procedures, and the exchange of specified information
   71         between member states; requiring the commission to
   72         notify member states of any adverse action taken
   73         against a licensee or applicant for licensure;
   74         authorizing member states to designate as confidential
   75         information provided to the data system; requiring the
   76         commission to remove information from the data system
   77         under certain circumstances; providing rulemaking
   78         procedures for the commission; providing for member
   79         state enforcement of the compact; specifying that the
   80         compact and commission rules have standing as
   81         statutory law in member states; specifying that the
   82         commission is entitled to receive notice of process,
   83         and has standing to intervene, in certain judicial and
   84         administrative proceedings; rendering certain
   85         judgments and orders void as to the commission, the
   86         compact, or commission rules under certain
   87         circumstances; providing for defaults and termination
   88         of compact membership; providing procedures for the
   89         resolution of certain disputes; providing for
   90         commission enforcement of the compact; providing for
   91         remedies; providing construction; providing for
   92         implementation of, withdrawal from, and amendment to
   93         the compact; providing construction; specifying that
   94         licensees practicing in a remote state under the
   95         compact must adhere to the laws and rules of the
   96         remote state; providing construction; specifying that
   97         the compact, commission rules, and commission actions
   98         are binding on member states; providing construction
   99         and severability; amending s. 456.073, F.S.; requiring
  100         the Department of Health to report certain
  101         investigative information to the data system; amending
  102         s. 456.076, F.S.; requiring monitoring contracts for
  103         impaired practitioners participating in treatment
  104         programs to contain certain terms; amending s.
  105         491.003, F.S.; revising definitions; amending s.
  106         491.004, F.S.; requiring the Board of Clinical Social
  107         Work, Marriage and Family Therapy, and Mental Health
  108         Counseling to appoint an individual to serve as the
  109         state’s delegate on the commission; amending s.
  110         491.0045, F.S.; revising circumstances under which the
  111         board may grant a certain one-time exemption from
  112         associate registration requirements; amending ss.
  113         491.005 and 491.006, F.S.; exempting certain persons
  114         from mental health counselor licensure requirements;
  115         amending s. 491.009, F.S.; authorizing certain
  116         disciplinary action under the compact for specified
  117         prohibited acts; amending s. 768.28, F.S.; designating
  118         the state delegate and other members or employees of
  119         the commission as state agents for the purpose of
  120         applying waivers of sovereign immunity; requiring the
  121         commission to pay certain claims or judgments;
  122         authorizing the commission to maintain insurance
  123         coverage to pay such claims or judgments; requiring
  124         the department to notify the Division of Law Revision
  125         upon enactment of the compact into law by 10 states;
  126         amending ss. 491.0045, 491.005, 491.009, 491.012,
  127         491.014, 491.0145, and 491.0149, F.S.; conforming
  128         provisions to changes made by the act; providing
  129         effective dates.
  130          
  131  Be It Enacted by the Legislature of the State of Florida:
  132  
  133         Section 1. Section 491.017, Florida Statutes, is created to
  134  read:
  135         491.017 Professional Counselors Licensure Compact.—The
  136  Professional Counselors Licensure Compact is hereby enacted and
  137  entered into by this state with all other jurisdictions legally
  138  joining therein in the form substantially as follows:
  139  
  140                              ARTICLE I                            
  141                               PURPOSE                             
  142         The compact is designed to achieve the following purposes
  143  and objectives:
  144         (1)Facilitate interstate practice of licensed professional
  145  counseling to increase public access to professional counseling
  146  services by providing for the mutual recognition of other member
  147  state licenses.
  148         (2)Enhance the member states’ ability to protect the
  149  public’s health and safety.
  150         (3)Encourage the cooperation of member states in
  151  regulating multistate practice of licensed professional
  152  counselors.
  153         (4)Support spouses of relocating active duty military
  154  personnel.
  155         (5)Facilitate the exchange of information between member
  156  states regarding licensure, investigations, adverse actions, and
  157  disciplinary history of licensed professional counselors.
  158         (6)Allow for the use of telehealth technology to
  159  facilitate increased access to professional counseling services.
  160         (7)Support the uniformity of professional counseling
  161  licensure requirements throughout member states to promote
  162  public safety and public health benefits.
  163         (8)Provide member states with the authority to hold a
  164  licensed professional counselor accountable for meeting all
  165  state practice laws in the state in which the client is located
  166  at the time care is rendered through the mutual recognition of
  167  member state licenses.
  168         (9)Eliminate the necessity for licensed professional
  169  counselors to hold licenses in multiple states and provide
  170  opportunities for interstate practice by licensed professional
  171  counselors who meet uniform licensure requirements.
  172  
  173                             ARTICLE II                            
  174                             DEFINITIONS                           
  175         As used in this compact, the term:
  176         (1)“Active duty military” means full-time duty status in
  177  the active uniformed service of the United States, including,
  178  but not limited to, members of the National Guard and Reserve on
  179  active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
  180         (2)“Adverse action” means any administrative, civil, or
  181  criminal action authorized by a state’s laws which is imposed by
  182  a licensing board or other authority against a licensed
  183  professional counselor, including actions against an
  184  individual’s license or privilege to practice, such as
  185  revocation, suspension, probation, monitoring of the licensee,
  186  limitation on the licensee’s practice, issuance of a cease and
  187  desist action, or any other encumbrance on licensure affecting a
  188  licensed professional counselor’s authorization to practice.
  189         (3)“Alternative program” means a nondisciplinary
  190  monitoring or practice remediation process approved by a
  191  professional counseling licensing board to address impaired
  192  practitioners.
  193         (4)“Continuing education” means a requirement, as a
  194  condition of license renewal, to participate in or complete
  195  educational and professional activities relevant to the
  196  licensee’s practice or area of work.
  197         (5)“Counseling Compact Commission” or “commission” means
  198  the national administrative body whose membership consists of
  199  all states that have enacted the compact.
  200         (6)“Current significant investigative information” means:
  201         (a)Investigative information that a licensing board, after
  202  a preliminary inquiry that includes notification and an
  203  opportunity for the licensed professional counselor to respond,
  204  if required by state law, has reason to believe is not
  205  groundless and, if proved true, would indicate more than a minor
  206  infraction; or
  207         (b)Investigative information that indicates that the
  208  licensed professional counselor represents an immediate threat
  209  to public health and safety, regardless of whether the licensed
  210  professional counselor has been notified and had an opportunity
  211  to respond.
  212         (7)Data system” means a repository of information about
  213  licensees, including, but not limited to, information relating
  214  to continuing education, examinations, licensure statuses,
  215  investigations, the privilege to practice, and adverse actions.
  216         (8)“Encumbered license” means a license in which an
  217  adverse action restricts the practice of licensed professional
  218  counseling by the licensee and said adverse action has been
  219  reported to the National Practitioner Data Bank.
  220         (9)“Encumbrance” means a revocation or suspension of, or
  221  any limitation on, the full and unrestricted practice of
  222  licensed professional counseling by a licensing board.
  223         (10)“Executive committee” means a group of directors
  224  elected or appointed to act on behalf of, and within the powers
  225  granted to them by, the commission.
  226         (11)“Home state” means the member state that is the
  227  licensee’s primary state of residence.
  228         (12)“Impaired practitioner” means an individual who has a
  229  condition that may impair his or her ability to safely practice
  230  as a licensed professional counselor without intervention. Such
  231  impairment may include, but is not limited to, alcohol or drug
  232  dependence, mental health conditions, and neurological or
  233  physical conditions.
  234         (13)“Investigative information” means information,
  235  records, or documents received or generated by a professional
  236  counseling licensing board pursuant to an investigation.
  237         (14)“Jurisprudence requirement,” if required by a member
  238  state, means the assessment of an individual’s knowledge of the
  239  laws and rules governing the practice of professional counseling
  240  in a state.
  241         (15)“Licensed professional counselor” means a mental
  242  health counselor licensed under chapter 491 or a counselor
  243  licensed by a member state, regardless of the title used by that
  244  state, to independently assess, diagnose, and treat behavioral
  245  health conditions.
  246         (16)“Licensee” means an individual who currently holds an
  247  authorization from the state to practice as a licensed
  248  professional counselor.
  249         (17)“Licensing board” means the agency of a state, or
  250  equivalent, that is responsible for the licensing and regulation
  251  of licensed professional counselors.
  252         (18)“Member state” means a state that has enacted the
  253  compact.
  254         (19)Privilege to practice” means a legal authorization,
  255  which is equivalent to a license, authorizing the practice of
  256  professional counseling in a remote state.
  257         (20)“Professional counseling” means the assessment,
  258  diagnosis, and treatment of behavioral health conditions by a
  259  licensed professional counselor.
  260         (21)“Remote state” means a member state, other than the
  261  home state, where a licensee is exercising or seeking to
  262  exercise the privilege to practice.
  263         (22)“Rule” means a regulation adopted by the commission
  264  which has the force of law.
  265         (23)“Single state license” means a licensed professional
  266  counselor license issued by a member state which authorizes
  267  practice only within the issuing state and does not include a
  268  privilege to practice in any other member state.
  269         (24)“State” means any state, commonwealth, district, or
  270  territory of the United States of America which regulates the
  271  practice of professional counseling.
  272         (25)“Telehealth” means the application of
  273  telecommunication technology to deliver professional counseling
  274  services remotely to assess, diagnose, and treat behavioral
  275  health conditions.
  276         (26)“Unencumbered license” means a license that authorizes
  277  a licensed professional counselor to engage in the full and
  278  unrestricted practice of professional counseling.
  279  
  280                             ARTICLE III                           
  281                         STATE PARTICIPATION                       
  282         (1)To participate in the compact, a state must currently
  283  do all of the following:
  284         (a)License and regulate licensed professional counselors.
  285         (b)Require licensees to pass a nationally recognized exam
  286  approved by the commission.
  287         (c)Require licensees to have a 60 semester hour, or 90
  288  quarter hour, master’s degree in counseling or 60 semester
  289  hours, or 90 quarter hours, of graduate coursework including all
  290  of the following topic areas:
  291         1.Professional counseling orientation and ethical
  292  practice.
  293         2.Social and cultural diversity.
  294         3.Human growth and development.
  295         4.Career development.
  296         5.Counseling and helping relationships.
  297         6.Group counseling and group work.
  298         7.Diagnosis, assessment, testing, and treatment.
  299         8.Research and program evaluation.
  300         9.Other areas as determined by the commission.
  301         (d)Require licensees to complete a supervised postgraduate
  302  professional experience as defined by the commission.
  303         (e)Have a mechanism in place for receiving and
  304  investigating complaints about licensees.
  305         (2)A member state shall do all of the following:
  306         (a)Participate fully in the commission’s data system,
  307  including using the commission’s unique identifier as defined in
  308  rules adopted by the commission.
  309         (b)Notify the commission, in compliance with the terms of
  310  the compact and rules adopted by the commission, of any adverse
  311  action or the availability of investigative information
  312  regarding a licensee.
  313         (c)Implement or utilize procedures for considering the
  314  criminal history records of applicants for an initial privilege
  315  to practice. These procedures must include the submission of
  316  fingerprints or other biometric-based information by applicants
  317  for the purpose of obtaining an applicant’s criminal history
  318  record information from the Federal Bureau of Investigation and
  319  the agency responsible for retaining that state’s criminal
  320  records.
  321         1.A member state must fully implement a criminal
  322  background check requirement, within a timeframe established by
  323  rule, by receiving the results of the Federal Bureau of
  324  Investigation record search and shall use the results in making
  325  licensure decisions.
  326         2.Communication between a member state and the commission
  327  and among member states regarding the verification of
  328  eligibility for licensure through the compact may not include
  329  any information received from the Federal Bureau of
  330  Investigation relating to a federal criminal records check
  331  performed by a member state under Public Law 92-544.
  332         (d)Comply with the rules adopted by the commission.
  333         (e)Require an applicant to obtain or retain a license in
  334  the home state and meet the home state’s qualifications for
  335  licensure or renewal of licensure, as well as all other
  336  applicable state laws.
  337         (f)Grant the privilege to practice to a licensee holding a
  338  valid unencumbered license in another member state in accordance
  339  with the terms of the compact and rules adopted by the
  340  commission.
  341         (g)Provide for the attendance of the state’s commissioner
  342  at the commission meetings.
  343         (3)Member states may charge a fee for granting the
  344  privilege to practice.
  345         (4)Individuals not residing in a member state may continue
  346  to apply for a member state’s single state license as provided
  347  under the laws of each member state. However, the single state
  348  license granted to these individuals may not be recognized as
  349  granting a privilege to practice professional counseling under
  350  the compact in any other member state.
  351         (5)Nothing in this compact affects the requirements
  352  established by a member state for the issuance of a single state
  353  license.
  354         (6)A professional counselor license issued by a home state
  355  to a resident of that state must be recognized by each member
  356  state as authorizing that licensed professional counselor to
  357  practice professional counseling, under a privilege to practice,
  358  in each member state.
  359  
  360                             ARTICLE IV                            
  361                        PRIVILEGE TO PRACTICE                      
  362         (1)To exercise the privilege to practice under the terms
  363  and provisions of the compact, the licensee must meet all of the
  364  following criteria:
  365         (a)Hold a license in the home state.
  366         (b)Have a valid United States Social Security Number or
  367  national provider identifier.
  368         (c)Be eligible for a privilege to practice in any member
  369  state in accordance with subsections (4), (7), and (8).
  370         (d)Have not had any encumbrance or restriction against any
  371  license or privilege to practice within the preceding 2 years.
  372         (e)Notify the commission that the licensee is seeking the
  373  privilege to practice within a remote state.
  374         (f)Pay any applicable fees, including any state fee, for
  375  the privilege to practice.
  376         (g)Meet any continuing education requirements established
  377  by the home state.
  378         (h)Meet any jurisprudence requirements established by the
  379  remote state in which the licensee is seeking a privilege to
  380  practice.
  381         (i)Report to the commission any adverse action,
  382  encumbrance, or restriction on a license taken by any nonmember
  383  state within 30 days after the action is taken.
  384         (2)The privilege to practice is valid until the expiration
  385  date of the home state license. The licensee must continue to
  386  meet the criteria specified in subsection (1) to renew the
  387  privilege to practice in the remote state.
  388         (3)For purposes of the compact, the practice of
  389  professional counseling occurs in the state where the client is
  390  located at the time of the counseling services. The compact does
  391  not affect the regulatory authority of states to protect public
  392  health and safety through their own system of state licensure.
  393         (4)A licensee providing professional counseling in a
  394  remote state under the privilege to practice must adhere to the
  395  laws and regulations of the remote state.
  396         (5)A licensee providing professional counseling services
  397  in a remote state is subject to that state’s regulatory
  398  authority. A remote state may, in accordance with due process
  399  and that state’s laws, remove a licensee’s privilege to practice
  400  in the remote state for a specified period of time, impose
  401  fines, or take any other action necessary to protect the health
  402  and safety of its residents. The licensee may be ineligible for
  403  a privilege to practice in any member state until the specific
  404  time for removal has passed and all fines are paid.
  405         (6)If a home state license is encumbered, a licensee loses
  406  the privilege to practice in any remote state until both of the
  407  following conditions are met:
  408         (a)The home state license is no longer encumbered.
  409         (b)The licensee has not had any encumbrance or restriction
  410  against any license or privilege to practice within the
  411  preceding 2 years.
  412         (7)Once an encumbered license in the licensee’s home state
  413  is restored to good standing, the licensee may obtain a
  414  privilege to practice in any remote state if he or she meets the
  415  requirements of subsection (1).
  416         (8)If a licensee’s privilege to practice in any remote
  417  state is removed, the individual may lose the privilege to
  418  practice in all other remote states until all of the following
  419  conditions are met:
  420         (a)The specified period of time for which the privilege to
  421  practice was removed has ended.
  422         (b)The licensee has paid all fines imposed.
  423         (c)The licensee has not had any encumbrance or restriction
  424  against any license or privilege to practice within the
  425  preceding 2 years.
  426         (9)Once the requirements of subsection (8) have been met,
  427  the licensee may obtain a privilege to practice in a remote
  428  state if he or she meets the requirements in subsection (1).
  429  
  430                              ARTICLE V                            
  431     OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO    
  432                              PRACTICE                             
  433         (1)A licensed professional counselor may hold a home state
  434  license, which allows for a privilege to practice in other
  435  member states, in only one member state at a time.
  436         (2)If a licensed professional counselor changes his or her
  437  primary state of residence by moving between two member states,
  438  then the licensed professional counselor must file an
  439  application for obtaining a new home state license based on a
  440  privilege to practice, pay all applicable fees, and notify the
  441  current and new home state in accordance with applicable rules
  442  adopted by the commission.
  443         (3)Upon receipt of an application for obtaining a new home
  444  state license based on a privilege to practice, the new home
  445  state must verify that the licensed professional counselor meets
  446  the criteria outlined in article IV through the data system. The
  447  new home state does not need to seek primary source verification
  448  for information obtained from the data system, except for the
  449  following:
  450         (a)A Federal Bureau of Investigation fingerprint-based
  451  criminal background check, if not previously performed or
  452  updated pursuant to applicable rules adopted by the commission
  453  in accordance with Public Law 92-544;
  454         (b)Any other criminal background check as required by the
  455  new home state; and
  456         (c)Proof of completion of any requisite jurisprudence
  457  requirements of the new home state.
  458         (4)The former home state shall convert the former home
  459  state license into a privilege to practice once the new home
  460  state has activated the new home state license in accordance
  461  with applicable rules adopted by the commission.
  462         (5)Notwithstanding any other provision of the compact, if
  463  the licensed professional counselor does not meet the criteria
  464  in article IV, the new home state may apply its own requirements
  465  for issuing a new single state license.
  466         (6)The licensed professional counselor must pay all
  467  applicable fees to the new home state in order to be issued a
  468  new home state license for purposes of the compact.
  469         (7)If a licensed professional counselor changes his or her
  470  primary state of residence by moving from a member state to a
  471  nonmember state or from a nonmember state to a member state, the
  472  new state’s own criteria apply for issuance of a single state
  473  license in the new state.
  474         (8)The compact does not interfere with a licensee’s
  475  ability to hold a single state license in multiple states.
  476  However, for the purposes of the compact, a licensee may have
  477  only one home state license.
  478         (9)The compact does not affect the requirements
  479  established by a member state for the issuance of a single state
  480  license.
  481  
  482                             ARTICLE VI                            
  483          ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES         
  484         Active duty military personnel, or their spouse, shall
  485  designate a home state where the individual has a current
  486  license in good standing. The individual may retain the home
  487  state license designation during the period the service member
  488  is on active duty. Subsequent to designating a home state, the
  489  individual may change his or her home state only through
  490  application for licensure in the new state or through the
  491  process outlined in article V.
  492  
  493                             ARTICLE VII                           
  494              COMPACT PRIVILEGE TO PRACTICE TELEHEALTH             
  495         (1)Member states shall recognize the right of a licensed
  496  professional counselor, licensed by a home state in accordance
  497  with article III and under rules adopted by the commission, to
  498  practice professional counseling in any member state through
  499  telehealth under a privilege to practice as provided in the
  500  compact and rules adopted by the commission.
  501         (2)A licensee providing professional counseling services
  502  in a remote state through telehealth under the privilege to
  503  practice must adhere to the laws and rules of the remote state.
  504  
  505                            ARTICLE VIII                           
  506                           ADVERSE ACTIONS                         
  507         (1)In addition to the other powers conferred by state law,
  508  a remote state has the authority, in accordance with existing
  509  state due process law, to do any of the following:
  510         (a)Take adverse action against a licensed professional
  511  counselor’s privilege to practice within that member state.
  512         (b)Issue subpoenas for both hearings and investigations
  513  that require the attendance and testimony of witnesses or the
  514  production of evidence. Subpoenas issued by a licensing board in
  515  a member state for the attendance and testimony of witnesses or
  516  the production of evidence from another member state must be
  517  enforced in the latter state by any court of competent
  518  jurisdiction, according to the practice and procedure of that
  519  court applicable to subpoenas issued in proceedings pending
  520  before it. The issuing authority shall pay any witness fees,
  521  travel expenses, mileage, and other fees required by the service
  522  statutes of the state in which the witnesses or evidence is
  523  located.
  524         (2)Only the home state has the power to take adverse
  525  action against a licensed professional counselor’s license
  526  issued by the home state.
  527         (3)For purposes of taking adverse action, the home state
  528  shall give the same priority and effect to reported conduct
  529  received from a member state as it would if the conduct had
  530  occurred within the home state. The home state shall apply its
  531  own state laws to determine appropriate action in such cases.
  532         (4)The home state shall complete any pending
  533  investigations of a licensed professional counselor who changes
  534  primary state of residence during the course of the
  535  investigations. The home state may also take appropriate action
  536  and shall promptly report the conclusions of the investigations
  537  to the administrator of the data system. The administrator of
  538  the data system shall promptly notify the new home state of any
  539  adverse actions.
  540         (5)A member state, if authorized by state law, may recover
  541  from the affected licensed professional counselor the costs of
  542  investigations and dispositions of any cases resulting from
  543  adverse action taken against that licensed professional
  544  counselor.
  545         (6)A member state may take adverse action against a
  546  licensed professional counselor based on the factual findings of
  547  a remote state, provided that the member state follows its own
  548  statutory procedures for taking adverse action.
  549         (7)(a)In addition to the authority granted to a member
  550  state by its respective professional counseling practice act or
  551  other applicable state law, any member state may participate
  552  with other member states in joint investigations of licensees.
  553         (b)Member states shall share any investigative,
  554  litigation, or compliance materials in furtherance of any joint
  555  or individual investigation initiated under the compact.
  556         (8)If adverse action is taken by the home state against
  557  the license of a professional counselor, the licensed
  558  professional counselor’s privilege to practice in all other
  559  member states must be deactivated until all encumbrances have
  560  been removed from the home state license. All home state
  561  disciplinary orders that impose adverse action against the
  562  license of a professional counselor must include a statement
  563  that the licensed professional counselor’s privilege to practice
  564  is deactivated in all member states while the order is in
  565  effect.
  566         (9)If a member state takes adverse action, it must
  567  promptly notify the administrator of the data system. The
  568  administrator shall promptly notify the licensee’s home state of
  569  any adverse actions by remote states.
  570         (10)Nothing in the compact overrides a member state’s
  571  decision to allow a licensed professional counselor to
  572  participate in an alternative program in lieu of adverse action.
  573  
  574                             ARTICLE IX                            
  575           ESTABLISHMENT OF COUNSELING COMPACT COMMISSION          
  576         (1)COMMISSION CREATED.—The compact member states hereby
  577  create and establish a joint public agency known as the
  578  Counseling Compact Commission.
  579         (a)The commission is an instrumentality of the compact
  580  states.
  581         (b)Venue is proper, and judicial proceedings by or against
  582  the commission shall be brought solely and exclusively in a
  583  court of competent jurisdiction where the principal office of
  584  the commission is located. The commission may waive venue and
  585  jurisdictional defenses to the extent that it adopts or consents
  586  to participate in alternative dispute resolution proceedings.
  587         (c)Nothing in the compact may be construed to be a waiver
  588  of sovereign immunity.
  589         (2)MEMBERSHIP.—
  590         (a)The commission shall consist of one voting delegate,
  591  appointed by each member state’s licensing board. The
  592  commission, by rule, shall establish a term of office for
  593  delegates and may establish term limits.
  594         (b)The delegate must be either:
  595         1.A current member of the licensing board at the time of
  596  appointment, who is a licensed professional counselor or public
  597  member; or
  598         2.An administrator of the licensing board.
  599         (c)A delegate may be removed or suspended from office as
  600  provided by the law of the state from which the delegate is
  601  appointed.
  602         (d)The member state licensing board must fill any vacancy
  603  occurring on the commission within 60 days.
  604         (e)Each delegate is entitled to one vote with regard to
  605  the adoption of rules and creation of bylaws and shall otherwise
  606  participate in the business and affairs of the commission.
  607         (f)A delegate shall vote in person or by such other means
  608  as provided in the bylaws. The bylaws may provide for delegates’
  609  participation in meetings by telephone or other means of
  610  communication.
  611         (3)MEETINGS OF THE COMMISSION.—
  612         (a)The commission shall meet at least once during each
  613  calendar year. Additional meetings must be held as set forth in
  614  the bylaws.
  615         (b)All meetings must be open to the public, and public
  616  notice of meetings must be given in the same manner as required
  617  under the rulemaking provisions in article XI.
  618         (c) The commission or the executive committee of the
  619  commission may convene in a closed nonpublic meeting if the
  620  chair of the commission declares the specific reasons it is
  621  necessary to close the meeting or a portion thereof in a
  622  document that is a public record and held by the commission and
  623  announces at a public meeting that, in connection with the
  624  performance of the commission’s duties, it is necessary that the
  625  commission discuss:
  626         1.Pending litigation to which the commission is presently
  627  a party before a court or administrative agency in accordance
  628  with s. 286.011(8).
  629         2.Negotiation of contracts under competitive solicitation
  630  as provided in s. 286.0113(2).
  631         3.Disclosure of trade secrets or commercial or financial
  632  information that is privileged or confidential.
  633         4.Records made exempt under this section.
  634         5.Matters specifically exempted from disclosure by federal
  635  or member state law.
  636         (d)If a meeting, or portion of a meeting, is closed under
  637  this subsection, the commission’s legal counsel or designee must
  638  certify that the meeting may be closed and must reference each
  639  relevant exempting provision.
  640         (e)The commission shall keep minutes that fully and
  641  clearly describe all matters discussed in a meeting and shall
  642  provide a full and accurate summary of actions taken, and the
  643  reasons therefore, including a description of the views
  644  expressed. All documents considered in connection with an action
  645  must be identified in such minutes. All minutes and documents of
  646  a closed meeting must remain under seal, subject to release by a
  647  majority vote of the commission or order of a court of competent
  648  jurisdiction.
  649         (4)POWERS.—The commission may do any of the following:
  650         (a)Establish the fiscal year of the commission.
  651         (b)Establish bylaws.
  652         (c)Maintain its financial records in accordance with the
  653  bylaws.
  654         (d)Meet and take actions that are consistent with the
  655  compact and bylaws.
  656         (e)Adopt rules that are binding to the extent and in the
  657  manner provided for in the compact.
  658         (f)Initiate and prosecute legal proceedings or actions in
  659  the name of the commission, provided that the standing of any
  660  state licensing board to sue or be sued under applicable law is
  661  not affected.
  662         (g)Purchase and maintain insurance and bonds.
  663         (h)Borrow, accept, or contract for services of personnel,
  664  including, but not limited to, employees of a member state.
  665         (i)Hire employees and elect or appoint officers; fix
  666  compensation for, define duties of, and grant appropriate
  667  authority to such employees and officers to carry out the
  668  purposes of the compact; and establish the commission’s
  669  personnel policies and programs relating to conflicts of
  670  interest, qualifications of personnel, and other related
  671  personnel matters.
  672         (j)Accept any and all appropriate donations and grants of
  673  money, equipment, supplies, materials, and services, and
  674  receive, utilize, and dispose of the same, provided that at all
  675  times the commission avoids any appearance of impropriety or
  676  conflict of interest.
  677         (k)Lease, purchase, accept appropriate gifts or donations
  678  of, or otherwise own, hold, improve, or use, any property, real,
  679  personal, or mixed, provided that at all times the commission
  680  avoids any appearance of impropriety or conflict of interest.
  681         (l)Sell, convey, mortgage, pledge, lease, exchange,
  682  abandon, or otherwise dispose of any property, real, personal,
  683  or mixed.
  684         (m)Establish a budget and make expenditures.
  685         (n)Borrow money.
  686         (o)Appoint committees, including standing committees
  687  consisting of commission members, state regulators, state
  688  legislators or their representatives, and consumer
  689  representatives, and such other interested persons as may be
  690  designated in the compact and bylaws.
  691         (p)Provide information to, receive information from, and
  692  cooperate with law enforcement agencies.
  693         (q)Establish and elect an executive committee.
  694         (r)Perform any other function that may be necessary or
  695  appropriate to achieve the purposes of the compact and is
  696  consistent with the state regulation of professional counseling
  697  licensure and practice.
  698         (5)THE EXECUTIVE COMMITTEE.—
  699         (a)The executive committee may act on behalf of the
  700  commission according to the terms of the compact and shall
  701  consist of up to 11 members, as follows:
  702         1.Seven voting members who are elected by the commission
  703  from the current membership of the commission.
  704         2.Up to four ex officio, nonvoting members from four
  705  recognized national professional counselor organizations. The ex
  706  officio members shall be selected by their respective
  707  organizations.
  708         (b)The commission may remove any member of the executive
  709  committee as provided in its bylaws.
  710         (c)The executive committee shall meet at least annually.
  711         (d)The executive committee shall do all of the following:
  712         1.Make recommendations to the commission for any changes
  713  to the rules, bylaws, or compact legislation; fees paid by
  714  compact member states; and any fees charged to licensees for the
  715  privilege to practice.
  716         2.Ensure compact administration services are appropriately
  717  provided, contractually or otherwise.
  718         3.Prepare and recommend the budget.
  719         4.Maintain financial records on behalf of the commission.
  720         5.Monitor compact compliance of member states and provide
  721  compliance reports to the commission.
  722         6.Establish additional committees as necessary.
  723         7.Perform any other duties provided for in the rules or
  724  bylaws.
  725         (6)FINANCING OF THE COMMISSION.—
  726         (a)The commission shall pay, or provide for the payment
  727  of, the reasonable expenses of its establishment, organization,
  728  and ongoing activities.
  729         (b)The commission may accept any appropriate revenue
  730  sources, donations, or grants of money, equipment, supplies,
  731  materials, or services.
  732         (c)The commission may levy and collect an annual
  733  assessment from each member state or impose fees on other
  734  parties to cover the cost of the operations and activities of
  735  the commission and its staff. Such assessments and fees must be
  736  in a total amount sufficient to cover its annual budget as
  737  approved each year for which revenue is not provided by other
  738  sources. The aggregate annual assessment amount must be
  739  allocated based on a formula to be determined by the commission,
  740  which shall adopt a rule binding on all member states.
  741         (d)The commission may not incur obligations of any kind
  742  before securing the funds adequate to meet the same; nor may the
  743  commission pledge the credit of any of the member states, except
  744  by and with the authority of the member state.
  745         (e)The commission shall keep accurate accounts of all
  746  receipts and disbursements. The receipts and disbursements of
  747  the commission are subject to the audit and accounting
  748  procedures established under its bylaws. However, all receipts
  749  and disbursements of funds handled by the commission must be
  750  audited annually by a certified or licensed public accountant,
  751  and the report of the audit must be included in and become part
  752  of the annual report of the commission.
  753         (7)QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.—
  754         (a)The members, officers, executive director, employees,
  755  and representatives of the commission are immune from suit and
  756  liability, either personally or in their official capacity, for
  757  any claim for damage to or loss of property or personal injury
  758  or other civil liability caused by or arising out of any actual
  759  or alleged act, error, or omission that occurred, or that the
  760  person against whom the claim is made had a reasonable basis for
  761  believing occurred, within the scope of commission employment,
  762  duties, or responsibilities. This paragraph may not be construed
  763  to protect any such person from suit or liability for any
  764  damage, loss, injury, or liability caused by the intentional or
  765  willful or wanton misconduct of that person.
  766         (b)The commission shall defend any member, officer,
  767  executive director, employee, or representative of the
  768  commission in any civil action seeking to impose liability
  769  arising out of any actual or alleged act, error, or omission
  770  that occurred, or that the person against whom the claim is made
  771  had a reasonable basis for believing occurred, within the scope
  772  of commission employment, duties, or responsibilities, provided
  773  that the actual or alleged act, error, or omission did not
  774  result from that person’s intentional or willful or wanton
  775  misconduct. This paragraph may not be construed to prohibit that
  776  person from retaining his or her own counsel.
  777         (c)The commission shall indemnify and hold harmless any
  778  member, officer, executive director, employee, or representative
  779  of the commission for the amount of any settlement or judgment
  780  obtained against that person arising out of any actual or
  781  alleged act, error, or omission that occurred, or that such
  782  person had a reasonable basis for believing occurred, within the
  783  scope of commission employment, duties, or responsibilities,
  784  provided that the actual or alleged act, error, or omission did
  785  not result from the intentional or willful or wanton misconduct
  786  of that person.
  787  
  788                              ARTICLE X                            
  789                             DATA SYSTEM                           
  790         (1)The commission shall provide for the development,
  791  operation, and maintenance of a coordinated database and
  792  reporting system containing licensure, adverse action, and
  793  investigative information on all licensed professional
  794  counselors in member states.
  795         (2)Notwithstanding any other provision of state law to the
  796  contrary, a member state shall submit a uniform data set to the
  797  data system on all licensees to whom the compact is applicable,
  798  as required by the rules of the commission, including all of the
  799  following:
  800         (a)Identifying information.
  801         (b)Licensure data.
  802         (c)Adverse actions against a license or privilege to
  803  practice.
  804         (d)Nonconfidential information related to alternative
  805  program participation.
  806         (e)Any denial of application for licensure and the reason
  807  for such denial.
  808         (f)Current significant investigative information.
  809         (g)Other information that may facilitate the
  810  administration of the compact, as determined by the rules of the
  811  commission.
  812         (3)Investigative information pertaining to a licensee in
  813  any member state may be made available only to other member
  814  states.
  815         (4)The commission shall promptly notify all member states
  816  of any adverse action taken against a licensee or an individual
  817  applying for a license. Adverse action information pertaining to
  818  a licensee in any member state must be made available to any
  819  other member state.
  820         (5)Member states reporting information to the data system
  821  may designate information that may not be shared with the public
  822  without the express permission of the reporting state.
  823         (6)Any information submitted to the data system which is
  824  subsequently required to be expunged by the laws of the member
  825  state reporting the information must be removed from the data
  826  system.
  827  
  828                             ARTICLE XI                            
  829                             RULEMAKING                            
  830         (1)The commission shall adopt reasonable rules to
  831  effectively and efficiently achieve the purposes of the compact.
  832  If, however, the commission exercises its rulemaking authority
  833  in a manner that is beyond the scope of the purposes of the
  834  compact, or the powers granted hereunder, then such an action by
  835  the commission is invalid and has no force or effect.
  836         (2)The commission shall exercise its rulemaking powers
  837  pursuant to the criteria set forth in this article and the rules
  838  adopted thereunder. Rules and amendments become binding as of
  839  the date specified in each rule or amendment.
  840         (3)If a majority of the legislatures of the member states
  841  rejects a rule by enactment of a statute or resolution in the
  842  same manner used to adopt the compact within 4 years after the
  843  date of adoption of the rule, such rule does not have further
  844  force and effect in any member state.
  845         (4)Rules or amendments to the rules must be adopted at a
  846  regular or special meeting of the commission.
  847         (5)Before adoption of a final rule by the commission, and
  848  at least 30 days in advance of the meeting at which the rule
  849  will be considered and voted upon, the commission shall file a
  850  notice of proposed rulemaking:
  851         (a)On the website of the commission or other publicly
  852  accessible platform; and
  853         (b)On the website of each member state’s professional
  854  counseling licensing board or other publicly accessible platform
  855  or in the publication in which each state would otherwise
  856  publish proposed rules.
  857         (6)The notice of proposed rulemaking must include:
  858         (a)The proposed time, date, and location of the meeting in
  859  which the rule will be considered and voted upon;
  860         (b)The text of the proposed rule or amendment and the
  861  reason for the proposed rule;
  862         (c)A request for comments on the proposed rule from any
  863  interested person; and
  864         (d)The manner in which interested persons may submit
  865  notice to the commission of their intention to attend the public
  866  hearing and any written comments.
  867         (7)Before adoption of a proposed rule, the commission must
  868  allow persons to submit written data, facts, opinions, and
  869  arguments, which must be made available to the public.
  870         (8)The commission shall grant an opportunity for a public
  871  hearing before it adopts a rule or an amendment if a hearing is
  872  requested by:
  873         (a)At least 25 persons who submit comments independently
  874  of each other;
  875         (b)A state or federal governmental subdivision or agency;
  876  or
  877         (c)An association that has at least 25 members.
  878         (9)If a hearing is held on the proposed rule or amendment,
  879  the commission must publish the place, time, and date of the
  880  scheduled public hearing. If the hearing is held through
  881  electronic means, the commission must publish the mechanism for
  882  access to the electronic hearing.
  883         (a)All persons wishing to be heard at the hearing must
  884  notify the executive director of the commission or other
  885  designated member in writing of their desire to appear and
  886  testify at the hearing at least 5 business days before the
  887  scheduled date of the hearing.
  888         (b)Hearings must be conducted in a manner providing each
  889  person who wishes to comment a fair and reasonable opportunity
  890  to comment orally or in writing.
  891         (c)All hearings must be recorded. A copy of the recording
  892  must be made available on request.
  893         (d)This section may not be construed to require a separate
  894  hearing on each rule. Rules may be grouped at hearings required
  895  by this section for the convenience of the commission.
  896         (10)If the commission does not receive a written notice of
  897  intent to attend the public hearing by interested parties, the
  898  commission may proceed with adoption of the proposed rule
  899  without a public hearing.
  900         (11)Following the scheduled hearing date, or by the close
  901  of business on the scheduled hearing date if the hearing was not
  902  held, the commission shall consider all written and oral
  903  comments received.
  904         (12)The commission, by majority vote of all members, shall
  905  take final action on the proposed rule and shall determine the
  906  effective date of the rule based on the rulemaking record and
  907  the full text of the rule.
  908         (13)Upon determination that an emergency exists, the
  909  commission may consider and adopt an emergency rule without
  910  prior notice, opportunity for comment, or hearing, provided that
  911  the usual rulemaking procedures provided in the compact and in
  912  this section are retroactively applied to the rule as soon as
  913  reasonably possible, but no later than 90 days after the
  914  effective date of the rule. For purposes of this subsection, an
  915  emergency rule is one that must be adopted immediately in order
  916  to:
  917         (a)Meet an imminent threat to public health, safety, or
  918  welfare;
  919         (b)Prevent a loss of commission or member state funds;
  920         (c)Meet a deadline for the adoption of an administrative
  921  rule established by federal law or rule; or
  922         (d)Protect public health and safety.
  923         (14)The commission or an authorized committee of the
  924  commission may direct revisions to a previously adopted rule or
  925  amendment for purposes of correcting typographical errors,
  926  errors in format, errors in consistency, or grammatical errors.
  927  Public notice of any revision must be posted on the website of
  928  the commission. Revisions are subject to challenge by any person
  929  for a period of 30 days after posting. A revision may be
  930  challenged only on grounds that the revision results in a
  931  material change to a rule. A challenge must be made in writing
  932  and delivered to the chair of the commission before the end of
  933  the notice period. If a challenge is not made, the revision
  934  takes effect without further action. If a revision is
  935  challenged, the revision may not take effect without the
  936  approval of the commission.
  937  
  938                             ARTICLE XII                           
  939     OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION;    
  940                 DISPUTE RESOLUTION; AND ENFORCEMENT               
  941         (1)OVERSIGHT.—
  942         (a)The executive, legislative, and judicial branches of
  943  state government in each member state shall enforce the compact
  944  and take all actions necessary and appropriate to effectuate the
  945  compact’s purposes and intent. The compact and the rules adopted
  946  thereunder have standing as statutory law.
  947         (b)All courts shall take judicial notice of the compact
  948  and the rules in any judicial or administrative proceeding in a
  949  member state pertaining to the subject matter of the compact
  950  which may affect the powers, responsibilities, or actions of the
  951  commission.
  952         (c)The commission is entitled to receive service of
  953  process in any judicial or administrative proceeding specified
  954  in paragraph (b) and has standing to intervene in such a
  955  proceeding for all purposes. Failure to provide service of
  956  process to the commission renders a judgment or an order void as
  957  to the commission, the compact, or adopted rules.
  958         (2)DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.—
  959         (a)If the commission determines that a member state has
  960  defaulted in the performance of its obligations or
  961  responsibilities under the compact or adopted rules, the
  962  commission must:
  963         1.Provide written notice to the defaulting state and other
  964  member states of the nature of the default, the proposed means
  965  of curing the default, and any other action to be taken by the
  966  commission; and
  967         2.Provide remedial training and specific technical
  968  assistance regarding the default.
  969         (b)If a state in default fails to cure the default, the
  970  defaulting state may be terminated from the compact upon an
  971  affirmative vote of a majority of the member states, and all
  972  rights, privileges, and benefits conferred by the compact are
  973  terminated on the effective date of termination. A cure of the
  974  default does not relieve the offending state of obligations or
  975  liabilities incurred during the period of default.
  976         (c)Termination of membership in the compact may be imposed
  977  only after all other means of securing compliance have been
  978  exhausted. The commission shall submit a notice of intent to
  979  suspend or terminate a defaulting member state to that state’s
  980  governor, to the majority and minority leaders of that state’s
  981  legislature, and to each member state.
  982         (d)A member state that has been terminated is responsible
  983  for all assessments, obligations, and liabilities incurred
  984  through the effective date of termination, including obligations
  985  that extend beyond the effective date of termination.
  986         (e)The commission may not bear any costs related to a
  987  member state that is found to be in default or that has been
  988  terminated from the compact, unless agreed upon in writing
  989  between the commission and the defaulting member state.
  990         (f)The defaulting member state may appeal the action of
  991  the commission by petitioning the United States District Court
  992  for the District of Columbia or the federal district where the
  993  commission has its principal offices. The prevailing party must
  994  be awarded all costs of such litigation, including reasonable
  995  attorney fees.
  996         (3)DISPUTE RESOLUTION.—
  997         (a)Upon request by a member state, the commission shall
  998  attempt to resolve disputes related to the compact which arise
  999  among member states and between member and nonmember states.
 1000         (b)The commission shall adopt rules providing for both
 1001  mediation and binding dispute resolution for disputes as
 1002  appropriate.
 1003         (4)ENFORCEMENT.—
 1004         (a)The commission, in the reasonable exercise of its
 1005  discretion, shall enforce the provisions and rules of the
 1006  compact.
 1007         (b)By majority vote, the commission may initiate legal
 1008  action in the United States District Court for the District of
 1009  Columbia or the federal district where the commission has its
 1010  principal offices against a member state in default to enforce
 1011  compliance with the compact and its adopted rules and bylaws.
 1012  The relief sought may include both injunctive relief and
 1013  damages. If judicial enforcement is necessary, the prevailing
 1014  party must be awarded all costs of such litigation, including
 1015  reasonable attorney fees.
 1016         (c)The remedies under this article are not the exclusive
 1017  remedies to the commission. The commission may pursue any other
 1018  remedies available under federal or state law.
 1019  
 1020                            ARTICLE XIII                           
 1021   DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 
 1022             ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT           
 1023         (1)The compact becomes effective on the date on which the
 1024  compact is enacted into law in the 10th member state. The
 1025  provisions that become effective at that time are limited to the
 1026  powers granted to the commission relating to assembly and the
 1027  adoption of rules. Thereafter, the commission shall meet and
 1028  exercise rulemaking powers necessary for implementation and
 1029  administration of the compact.
 1030         (2)Any state that joins the compact subsequent to the
 1031  commission’s initial adoption of the rules is subject to the
 1032  rules as they exist on the date on which the compact becomes law
 1033  in that state. Any rule that has been previously adopted by the
 1034  commission has the full force and effect of law on the day the
 1035  compact becomes law in that state.
 1036         (3)Any member state may withdraw from the compact by
 1037  enacting a statute repealing the compact.
 1038         (a)A member state’s withdrawal does not take effect until
 1039  6 months after enactment of the repealing statute.
 1040         (b)Withdrawal does not affect the continuing requirement
 1041  of the withdrawing state’s professional counseling licensing
 1042  board to comply with the investigative and adverse action
 1043  reporting requirements of the compact before the effective date
 1044  of withdrawal.
 1045         (4)The compact may not be construed to invalidate or
 1046  prevent any professional counseling licensure agreement or other
 1047  cooperative arrangement between a member state and a nonmember
 1048  state which does not conflict with the compact.
 1049         (5)The compact may be amended by the member states. An
 1050  amendment to the compact is not effective and binding upon any
 1051  member state until it is enacted into the laws of all member
 1052  states.
 1053                             ARTICLE XIV                           
 1054              BINDING EFFECT OF COMPACT AND OTHER LAWS             
 1055         (1)A licensee providing professional counseling services
 1056  in a remote state under the privilege to practice shall adhere
 1057  to the laws and regulations, including scope of practice, of the
 1058  remote state.
 1059         (2)The compact does not prevent the enforcement of any
 1060  other law of a member state which is not inconsistent with the
 1061  compact.
 1062         (3)Any laws in a member state which conflict with the
 1063  compact are superseded to the extent of the conflict.
 1064         (4)Any lawful actions of the commission, including all
 1065  rules and bylaws properly adopted by the commission, are binding
 1066  on the member states.
 1067         (5)All permissible agreements between the commission and
 1068  the member states are binding in accordance with their terms.
 1069         (6)If any provision of the compact exceeds the
 1070  constitutional limits imposed on the legislature of any member
 1071  state, the provision shall be ineffective to the extent of the
 1072  conflict with the constitutional provision in question in that
 1073  member state.
 1074  
 1075                             ARTICLE XV                            
 1076                    CONSTRUCTION AND SEVERABILITY                  
 1077         The compact must be liberally construed so as to effectuate
 1078  the purposes thereof. The provisions of the compact are
 1079  severable, and if any phrase, clause, sentence, or provision of
 1080  the compact is declared to be contrary to the constitution of
 1081  any member state or of the United States or the applicability
 1082  thereof to any government, agency, person, or circumstance is
 1083  held invalid, the validity of the remainder of the compact and
 1084  the applicability thereof to any government, agency, person, or
 1085  circumstance is not affected thereby. If the compact is held
 1086  contrary to the constitution of any member state, the compact
 1087  remains in full force and effect as to the remaining member
 1088  states and in full force and effect as to the member state
 1089  affected as to all severable matters.
 1090         Section 2. Subsection (10) of section 456.073, Florida
 1091  Statutes, is amended to read:
 1092         456.073 Disciplinary proceedings.—Disciplinary proceedings
 1093  for each board shall be within the jurisdiction of the
 1094  department.
 1095         (10) The complaint and all information obtained pursuant to
 1096  the investigation by the department are confidential and exempt
 1097  from s. 119.07(1) until 10 days after probable cause has been
 1098  found to exist by the probable cause panel or by the department,
 1099  or until the regulated professional or subject of the
 1100  investigation waives his or her privilege of confidentiality,
 1101  whichever occurs first. The department shall report any
 1102  significant investigation information relating to a nurse
 1103  holding a multistate license to the coordinated licensure
 1104  information system pursuant to s. 464.0095, and any significant
 1105  investigatory information relating to a health care practitioner
 1106  practicing under the Professional Counselors Licensure Compact
 1107  to the data system pursuant to s. 491.017 instead of this
 1108  subsection. Upon completion of the investigation and a
 1109  recommendation by the department to find probable cause, and
 1110  pursuant to a written request by the subject or the subject’s
 1111  attorney, the department shall provide the subject an
 1112  opportunity to inspect the investigative file or, at the
 1113  subject’s expense, forward to the subject a copy of the
 1114  investigative file. Notwithstanding s. 456.057, the subject may
 1115  inspect or receive a copy of any expert witness report or
 1116  patient record connected with the investigation if the subject
 1117  agrees in writing to maintain the confidentiality of any
 1118  information received under this subsection until 10 days after
 1119  probable cause is found and to maintain the confidentiality of
 1120  patient records pursuant to s. 456.057. The subject may file a
 1121  written response to the information contained in the
 1122  investigative file. Such response must be filed within 20 days
 1123  of mailing by the department, unless an extension of time has
 1124  been granted by the department. This subsection does not
 1125  prohibit the department from providing such information to any
 1126  law enforcement agency or to any other regulatory agency.
 1127         Section 3. Subsection (5) of section 456.076, Florida
 1128  Statutes, is amended to read:
 1129         456.076 Impaired practitioner programs.—
 1130         (5) A consultant shall enter into a participant contract
 1131  with an impaired practitioner and shall establish the terms of
 1132  monitoring and shall include the terms in a participant
 1133  contract. In establishing the terms of monitoring, the
 1134  consultant may consider the recommendations of one or more
 1135  approved evaluators, treatment programs, or treatment providers.
 1136  A consultant may modify the terms of monitoring if the
 1137  consultant concludes, through the course of monitoring, that
 1138  extended, additional, or amended terms of monitoring are
 1139  required for the protection of the health, safety, and welfare
 1140  of the public. If the impaired practitioner is a health care
 1141  practitioner practicing under the Professional Counselors
 1142  Licensure Compact pursuant to s. 491.017, the terms of the
 1143  monitoring contract must include the impaired practitioner’s
 1144  withdrawal from all practice under the compact in this state.
 1145         Section 4. Effective July 1, 2022, subsections (14), (15),
 1146  and (16) of section 491.003, Florida Statutes, are amended to
 1147  read:
 1148         491.003 Definitions.—As used in this chapter:
 1149         (14) “Registered associate clinical social worker intern”
 1150  means a person registered under this chapter who is completing
 1151  the postgraduate clinical social work experience requirement
 1152  specified in s. 491.005(1)(c).
 1153         (15) “Registered associate marriage and family therapist
 1154  intern” means a person registered under this chapter who is
 1155  completing the post-master’s clinical experience requirement
 1156  specified in s. 491.005(3)(c).
 1157         (16) “Registered associate mental health counselor intern”
 1158  means a person registered under this chapter who is completing
 1159  the post-master’s clinical experience requirement specified in
 1160  s. 491.005(4)(c).
 1161         Section 5. Subsection (8) is added to section 491.004,
 1162  Florida Statutes, to read:
 1163         491.004 Board of Clinical Social Work, Marriage and Family
 1164  Therapy, and Mental Health Counseling.—
 1165         (8) The board shall appoint an individual to serve as the
 1166  state’s delegate on the Counseling Compact Commission, as
 1167  required under s. 491.017.
 1168         Section 6. Effective upon this act becoming a law,
 1169  subsection (6) of section 491.0045, Florida Statutes, is amended
 1170  to read:
 1171         491.0045 Intern registration; requirements.—
 1172         (6) A registration issued on or before March 31, 2017,
 1173  expires March 31, 2022, and may not be renewed or reissued. Any
 1174  registration issued after March 31, 2017, expires 60 months
 1175  after the date it is issued. The board may make a one-time
 1176  exception to the requirements of this subsection in emergency or
 1177  hardship cases, as defined by board rule, if the candidate has
 1178  passed the theory and practice examination described in s.
 1179  491.005(1)(d), (3)(d), and (4)(d).
 1180         Section 7. Subsection (6) is added to section 491.005,
 1181  Florida Statutes, to read:
 1182         491.005 Licensure by examination.—
 1183         (6) EXEMPTION.—A person licensed as a mental health
 1184  counselor in another state who is practicing under the
 1185  Professional Counselors Licensure Compact pursuant to s.
 1186  491.017, and only within the scope provided therein, is exempt
 1187  from the licensure requirements of this section, as applicable.
 1188         Section 8. Subsection (3) is added to section 491.006,
 1189  Florida Statutes, to read:
 1190         491.006 Licensure or certification by endorsement.—
 1191         (3) A person licensed as a mental health counselor in
 1192  another state who is practicing under the Professional
 1193  Counselors Licensure Compact pursuant to s. 491.017, and only
 1194  within the scope provided therein, is exempt from the licensure
 1195  requirements of this section, as applicable.
 1196         Section 9. Section 491.009, Florida Statutes, is amended to
 1197  read:
 1198         491.009 Discipline.—
 1199         (1) The following acts constitute grounds for denial of a
 1200  license or disciplinary action, as specified in s. 456.072(2) or
 1201  s. 491.017:
 1202         (a) Attempting to obtain, obtaining, or renewing a license,
 1203  registration, or certificate under this chapter by bribery or
 1204  fraudulent misrepresentation or through an error of the board or
 1205  the department.
 1206         (b) Having a license, registration, or certificate to
 1207  practice a comparable profession revoked, suspended, or
 1208  otherwise acted against, including the denial of certification
 1209  or licensure by another state, territory, or country.
 1210         (c) Being convicted or found guilty of, regardless of
 1211  adjudication, or having entered a plea of nolo contendere to, a
 1212  crime in any jurisdiction which directly relates to the practice
 1213  of his or her profession or the ability to practice his or her
 1214  profession. However, in the case of a plea of nolo contendere,
 1215  the board shall allow the person who is the subject of the
 1216  disciplinary proceeding to present evidence in mitigation
 1217  relevant to the underlying charges and circumstances surrounding
 1218  the plea.
 1219         (d) False, deceptive, or misleading advertising or
 1220  obtaining a fee or other thing of value on the representation
 1221  that beneficial results from any treatment will be guaranteed.
 1222         (e) Advertising, practicing, or attempting to practice
 1223  under a name other than one’s own.
 1224         (f) Maintaining a professional association with any person
 1225  who the applicant, licensee, registered intern, or
 1226  certificateholder knows, or has reason to believe, is in
 1227  violation of this chapter or of a rule of the department or the
 1228  board.
 1229         (g) Knowingly aiding, assisting, procuring, or advising any
 1230  nonlicensed, nonregistered, or noncertified person to hold
 1231  himself or herself out as licensed, registered, or certified
 1232  under this chapter.
 1233         (h) Failing to perform any statutory or legal obligation
 1234  placed upon a person licensed, registered, or certified under
 1235  this chapter.
 1236         (i) Willfully making or filing a false report or record;
 1237  failing to file a report or record required by state or federal
 1238  law; willfully impeding or obstructing the filing of a report or
 1239  record; or inducing another person to make or file a false
 1240  report or record or to impede or obstruct the filing of a report
 1241  or record. Such report or record includes only a report or
 1242  record which requires the signature of a person licensed,
 1243  registered, or certified under this chapter.
 1244         (j) Paying a kickback, rebate, bonus, or other remuneration
 1245  for receiving a patient or client, or receiving a kickback,
 1246  rebate, bonus, or other remuneration for referring a patient or
 1247  client to another provider of mental health care services or to
 1248  a provider of health care services or goods; referring a patient
 1249  or client to oneself for services on a fee-paid basis when those
 1250  services are already being paid for by some other public or
 1251  private entity; or entering into a reciprocal referral
 1252  agreement.
 1253         (k) Committing any act upon a patient or client which would
 1254  constitute sexual battery or which would constitute sexual
 1255  misconduct as defined pursuant to s. 491.0111.
 1256         (l) Making misleading, deceptive, untrue, or fraudulent
 1257  representations in the practice of any profession licensed,
 1258  registered, or certified under this chapter.
 1259         (m) Soliciting patients or clients personally, or through
 1260  an agent, through the use of fraud, intimidation, undue
 1261  influence, or a form of overreaching or vexatious conduct.
 1262         (n) Failing to make available to a patient or client, upon
 1263  written request, copies of tests, reports, or documents in the
 1264  possession or under the control of the licensee, registered
 1265  intern, or certificateholder which have been prepared for and
 1266  paid for by the patient or client.
 1267         (o) Failing to respond within 30 days to a written
 1268  communication from the department or the board concerning any
 1269  investigation by the department or the board, or failing to make
 1270  available any relevant records with respect to any investigation
 1271  about the licensee’s, registered intern’s, or
 1272  certificateholder’s conduct or background.
 1273         (p) Being unable to practice the profession for which he or
 1274  she is licensed, registered, or certified under this chapter
 1275  with reasonable skill or competence as a result of any mental or
 1276  physical condition or by reason of illness; drunkenness; or
 1277  excessive use of drugs, narcotics, chemicals, or any other
 1278  substance. In enforcing this paragraph, upon a finding by the
 1279  State Surgeon General, the State Surgeon General’s designee, or
 1280  the board that probable cause exists to believe that the
 1281  licensee, registered intern, or certificateholder is unable to
 1282  practice the profession because of the reasons stated in this
 1283  paragraph, the department shall have the authority to compel a
 1284  licensee, registered intern, or certificateholder to submit to a
 1285  mental or physical examination by psychologists, physicians, or
 1286  other licensees under this chapter, designated by the department
 1287  or board. If the licensee, registered intern, or
 1288  certificateholder refuses to comply with such order, the
 1289  department’s order directing the examination may be enforced by
 1290  filing a petition for enforcement in the circuit court in the
 1291  circuit in which the licensee, registered intern, or
 1292  certificateholder resides or does business. The licensee,
 1293  registered intern, or certificateholder against whom the
 1294  petition is filed may shall not be named or identified by
 1295  initials in any public court records or documents, and the
 1296  proceedings shall be closed to the public. The department shall
 1297  be entitled to the summary procedure provided in s. 51.011. A
 1298  licensee, registered intern, or certificateholder affected under
 1299  this paragraph shall at reasonable intervals be afforded an
 1300  opportunity to demonstrate that he or she can resume the
 1301  competent practice for which he or she is licensed, registered,
 1302  or certified with reasonable skill and safety to patients.
 1303         (q) Performing any treatment or prescribing any therapy
 1304  which, by the prevailing standards of the mental health
 1305  professions in the community, would constitute experimentation
 1306  on human subjects, without first obtaining full, informed, and
 1307  written consent.
 1308         (r) Failing to meet the minimum standards of performance in
 1309  professional activities when measured against generally
 1310  prevailing peer performance, including the undertaking of
 1311  activities for which the licensee, registered intern, or
 1312  certificateholder is not qualified by training or experience.
 1313         (s) Delegating professional responsibilities to a person
 1314  whom the licensee, registered intern, or certificateholder knows
 1315  or has reason to know is not qualified by training or experience
 1316  to perform such responsibilities.
 1317         (t) Violating a rule relating to the regulation of the
 1318  profession or a lawful order of the department or the board
 1319  previously entered in a disciplinary hearing.
 1320         (u) Failure of the licensee, registered intern, or
 1321  certificateholder to maintain in confidence a communication made
 1322  by a patient or client in the context of such services, except
 1323  as provided in s. 491.0147.
 1324         (v) Making public statements which are derived from test
 1325  data, client contacts, or behavioral research and which identify
 1326  or damage research subjects or clients.
 1327         (w) Violating any provision of this chapter or chapter 456,
 1328  or any rules adopted pursuant thereto.
 1329         (2)(a) The board or, in the case of certified master social
 1330  workers, the department may enter an order denying licensure or
 1331  imposing any of the penalties authorized in s. 456.072(2)
 1332  against any applicant for licensure or any licensee who violates
 1333  subsection (1) or s. 456.072(1).
 1334         (b)The board may take adverse action against a mental
 1335  health counselor’s privilege to practice under the Professional
 1336  Counselors Licensure Compact pursuant to s. 491.017 and may
 1337  impose any of the penalties in s. 456.072(2) if the mental
 1338  health counselor commits an act specified in subsection (1) or
 1339  s. 456.072(1).
 1340         Section 10. Paragraph (h) is added to subsection (10) of
 1341  section 768.28, Florida Statutes, to read:
 1342         768.28 Waiver of sovereign immunity in tort actions;
 1343  recovery limits; civil liability for damages caused during a
 1344  riot; limitation on attorney fees; statute of limitations;
 1345  exclusions; indemnification; risk management programs.—
 1346         (10)
 1347         (h) For purposes of this section, the individual appointed
 1348  under s. 491.004(8) as the state’s delegate on the Counseling
 1349  Compact Commission, when serving in that capacity pursuant to s.
 1350  491.017, and any administrator, officer, executive director,
 1351  employee, or representative of the commission, when acting
 1352  within the scope of his or her employment, duties, or
 1353  responsibilities in this state, is considered an agent of the
 1354  state. The commission shall pay any claims or judgments pursuant
 1355  to this section and may maintain insurance coverage to pay any
 1356  such claims or judgments.
 1357         Section 11. The Department of Health shall notify the
 1358  Division of Law Revision upon enactment of the Professional
 1359  Counselors Licensure Compact into law by 10 states.
 1360         Section 12. Effective July 1, 2022, section 491.0045,
 1361  Florida Statutes, as amended by this act, is amended to read:
 1362         491.0045 Associate Intern registration; requirements.—
 1363         (1) An individual who has not satisfied the postgraduate or
 1364  post-master’s level experience requirements, as specified in s.
 1365  491.005(1)(c), (3)(c), or (4)(c), must register as an associate
 1366  intern in the profession for which he or she is seeking
 1367  licensure before commencing the post-master’s experience
 1368  requirement or an individual who intends to satisfy part of the
 1369  required graduate-level practicum, associateship internship, or
 1370  field experience, outside the academic arena for any profession,
 1371  and must register as an associate intern in the profession for
 1372  which he or she is seeking licensure before commencing the
 1373  practicum, associateship internship, or field experience.
 1374         (2) The department shall register as an associate a
 1375  clinical social worker intern, associate marriage and family
 1376  therapist intern, or associate mental health counselor intern
 1377  each applicant who the board certifies has:
 1378         (a) Completed the application form and remitted a
 1379  nonrefundable application fee not to exceed $200, as set by
 1380  board rule;
 1381         (b)1. Completed the education requirements as specified in
 1382  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
 1383  he or she is applying for licensure, if needed; and
 1384         2. Submitted an acceptable supervision plan, as determined
 1385  by the board, for meeting the practicum, associateship
 1386  internship, or field work required for licensure that was not
 1387  satisfied in his or her graduate program.
 1388         (c) Identified a qualified supervisor.
 1389         (3) An individual registered under this section must remain
 1390  under supervision while practicing under registered associate
 1391  intern status.
 1392         (4) An individual who fails to comply with this section may
 1393  not be granted a license under this chapter, and any time spent
 1394  by the individual completing the experience requirement as
 1395  specified in s. 491.005(1)(c), (3)(c), or (4)(c) before
 1396  registering as an associate intern does not count toward
 1397  completion of the requirement.
 1398         (5) An associate intern registration is valid for 5 years.
 1399         (6) A registration issued on or before March 31, 2017,
 1400  expires March 31, 2022, and may not be renewed or reissued. Any
 1401  registration issued after March 31, 2017, expires 60 months
 1402  after the date it is issued. The board may make a one-time
 1403  exception to the requirements of this subsection in emergency or
 1404  hardship cases, as defined by board rule.
 1405         (7) An individual who has held a provisional license issued
 1406  by the board may not apply for an associate intern registration
 1407  in the same profession.
 1408         Section 13. Effective July 1, 2022, paragraph (c) of
 1409  subsection (1), paragraph (c) of subsection (3), and paragraphs
 1410  (b) and (c) of subsection (4) of section 491.005, Florida
 1411  Statutes, are amended to read:
 1412         491.005 Licensure by examination.—
 1413         (1) CLINICAL SOCIAL WORK.—Upon verification of
 1414  documentation and payment of a fee not to exceed $200, as set by
 1415  board rule, plus the actual per applicant cost to the department
 1416  for purchase of the examination from the American Association of
 1417  State Social Worker’s Boards or a similar national organization,
 1418  the department shall issue a license as a clinical social worker
 1419  to an applicant who the board certifies:
 1420         (c) Has had at least 2 years of clinical social work
 1421  experience, which took place subsequent to completion of a
 1422  graduate degree in social work at an institution meeting the
 1423  accreditation requirements of this section, under the
 1424  supervision of a licensed clinical social worker or the
 1425  equivalent who is a qualified supervisor as determined by the
 1426  board. An individual who intends to practice in Florida to
 1427  satisfy clinical experience requirements must register pursuant
 1428  to s. 491.0045 before commencing practice. If the applicant’s
 1429  graduate program was not a program which emphasized direct
 1430  clinical patient or client health care services as described in
 1431  subparagraph (b)2., the supervised experience requirement must
 1432  take place after the applicant has completed a minimum of 15
 1433  semester hours or 22 quarter hours of the coursework required. A
 1434  doctoral associateship internship may be applied toward the
 1435  clinical social work experience requirement. A licensed mental
 1436  health professional must be on the premises when clinical
 1437  services are provided by a registered associate intern in a
 1438  private practice setting.
 1439         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
 1440  documentation and payment of a fee not to exceed $200, as set by
 1441  board rule, plus the actual cost of the purchase of the
 1442  examination from the Association of Marital and Family Therapy
 1443  Regulatory Board, or similar national organization, the
 1444  department shall issue a license as a marriage and family
 1445  therapist to an applicant who the board certifies:
 1446         (c) Has had at least 2 years of clinical experience during
 1447  which 50 percent of the applicant’s clients were receiving
 1448  marriage and family therapy services, which must be at the post
 1449  master’s level under the supervision of a licensed marriage and
 1450  family therapist with at least 5 years of experience, or the
 1451  equivalent, who is a qualified supervisor as determined by the
 1452  board. An individual who intends to practice in Florida to
 1453  satisfy the clinical experience requirements must register
 1454  pursuant to s. 491.0045 before commencing practice. If a
 1455  graduate has a master’s degree with a major emphasis in marriage
 1456  and family therapy or a closely related field which did not
 1457  include all of the coursework required by paragraph (b), credit
 1458  for the post-master’s level clinical experience may not commence
 1459  until the applicant has completed a minimum of 10 of the courses
 1460  required by paragraph (b), as determined by the board, and at
 1461  least 6 semester hours or 9 quarter hours of the course credits
 1462  must have been completed in the area of marriage and family
 1463  systems, theories, or techniques. Within the 2 years of required
 1464  experience, the applicant shall provide direct individual,
 1465  group, or family therapy and counseling to cases including those
 1466  involving unmarried dyads, married couples, separating and
 1467  divorcing couples, and family groups that include children. A
 1468  doctoral associateship internship may be applied toward the
 1469  clinical experience requirement. A licensed mental health
 1470  professional must be on the premises when clinical services are
 1471  provided by a registered associate intern in a private practice
 1472  setting.
 1473  
 1474  For the purposes of dual licensure, the department shall license
 1475  as a marriage and family therapist any person who meets the
 1476  requirements of s. 491.0057. Fees for dual licensure may not
 1477  exceed those stated in this subsection.
 1478         (4) MENTAL HEALTH COUNSELING.—Upon verification of
 1479  documentation and payment of a fee not to exceed $200, as set by
 1480  board rule, plus the actual per applicant cost of purchase of
 1481  the examination from the National Board for Certified Counselors
 1482  or its successor organization, the department shall issue a
 1483  license as a mental health counselor to an applicant who the
 1484  board certifies:
 1485         (b)1. Has a minimum of an earned master’s degree from a
 1486  mental health counseling program accredited by the Council for
 1487  the Accreditation of Counseling and Related Educational Programs
 1488  which consists of at least 60 semester hours or 80 quarter hours
 1489  of clinical and didactic instruction, including a course in
 1490  human sexuality and a course in substance abuse. If the master’s
 1491  degree is earned from a program related to the practice of
 1492  mental health counseling which is not accredited by the Council
 1493  for the Accreditation of Counseling and Related Educational
 1494  Programs, then the coursework and practicum, associateship
 1495  internship, or fieldwork must consist of at least 60 semester
 1496  hours or 80 quarter hours and meet all of the following
 1497  requirements:
 1498         a. Thirty-three semester hours or 44 quarter hours of
 1499  graduate coursework, which must include a minimum of 3 semester
 1500  hours or 4 quarter hours of graduate-level coursework in each of
 1501  the following 11 content areas: counseling theories and
 1502  practice; human growth and development; diagnosis and treatment
 1503  of psychopathology; human sexuality; group theories and
 1504  practice; individual evaluation and assessment; career and
 1505  lifestyle assessment; research and program evaluation; social
 1506  and cultural foundations; substance abuse; and legal, ethical,
 1507  and professional standards issues in the practice of mental
 1508  health counseling. Courses in research, thesis or dissertation
 1509  work, practicums, associateships internships, or fieldwork may
 1510  not be applied toward this requirement.
 1511         b. A minimum of 3 semester hours or 4 quarter hours of
 1512  graduate-level coursework addressing diagnostic processes,
 1513  including differential diagnosis and the use of the current
 1514  diagnostic tools, such as the current edition of the American
 1515  Psychiatric Association’s Diagnostic and Statistical Manual of
 1516  Mental Disorders. The graduate program must have emphasized the
 1517  common core curricular experience.
 1518         c. The equivalent, as determined by the board, of at least
 1519  700 hours of university-sponsored supervised clinical practicum,
 1520  associateship internship, or field experience that includes at
 1521  least 280 hours of direct client services, as required in the
 1522  accrediting standards of the Council for Accreditation of
 1523  Counseling and Related Educational Programs for mental health
 1524  counseling programs. This experience may not be used to satisfy
 1525  the post-master’s clinical experience requirement.
 1526         2. Has provided additional documentation if a course title
 1527  that appears on the applicant’s transcript does not clearly
 1528  identify the content of the coursework. The documentation must
 1529  include, but is not limited to, a syllabus or catalog
 1530  description published for the course.
 1531  
 1532  Education and training in mental health counseling must have
 1533  been received in an institution of higher education that, at the
 1534  time the applicant graduated, was fully accredited by a regional
 1535  accrediting body recognized by the Council for Higher Education
 1536  Accreditation or its successor organization or publicly
 1537  recognized as a member in good standing with the Association of
 1538  Universities and Colleges of Canada, or an institution of higher
 1539  education located outside the United States and Canada which, at
 1540  the time the applicant was enrolled and at the time the
 1541  applicant graduated, maintained a standard of training
 1542  substantially equivalent to the standards of training of those
 1543  institutions in the United States which are accredited by a
 1544  regional accrediting body recognized by the Council for Higher
 1545  Education Accreditation or its successor organization. Such
 1546  foreign education and training must have been received in an
 1547  institution or program of higher education officially recognized
 1548  by the government of the country in which it is located as an
 1549  institution or program to train students to practice as mental
 1550  health counselors. The applicant has the burden of establishing
 1551  that the requirements of this provision have been met, and the
 1552  board shall require documentation, such as an evaluation by a
 1553  foreign equivalency determination service, as evidence that the
 1554  applicant’s graduate degree program and education were
 1555  equivalent to an accredited program in this country. Beginning
 1556  July 1, 2025, an applicant must have a master’s degree from a
 1557  program that is accredited by the Council for Accreditation of
 1558  Counseling and Related Educational Programs which consists of at
 1559  least 60 semester hours or 80 quarter hours to apply for
 1560  licensure under this paragraph.
 1561         (c) Has had at least 2 years of clinical experience in
 1562  mental health counseling, which must be at the post-master’s
 1563  level under the supervision of a licensed mental health
 1564  counselor or the equivalent who is a qualified supervisor as
 1565  determined by the board. An individual who intends to practice
 1566  in Florida to satisfy the clinical experience requirements must
 1567  register pursuant to s. 491.0045 before commencing practice. If
 1568  a graduate has a master’s degree with a major related to the
 1569  practice of mental health counseling which did not include all
 1570  the coursework required under sub-subparagraphs (b)1.a. and b.,
 1571  credit for the post-master’s level clinical experience may not
 1572  commence until the applicant has completed a minimum of seven of
 1573  the courses required under sub-subparagraphs (b)1.a. and b., as
 1574  determined by the board, one of which must be a course in
 1575  psychopathology or abnormal psychology. A doctoral associateship
 1576  internship may be applied toward the clinical experience
 1577  requirement. A licensed mental health professional must be on
 1578  the premises when clinical services are provided by a registered
 1579  associate intern in a private practice setting.
 1580         Section 14. Effective July 1, 2022, paragraphs (f), (n),
 1581  (o), (p), (r), (s), and (u) of subsection (1) of section
 1582  491.009, Florida Statutes, are amended to read:
 1583         491.009 Discipline.—
 1584         (1) The following acts constitute grounds for denial of a
 1585  license or disciplinary action, as specified in s. 456.072(2):
 1586         (f) Maintaining a professional association with any person
 1587  who the applicant, licensee, registered associate intern, or
 1588  certificateholder knows, or has reason to believe, is in
 1589  violation of this chapter or of a rule of the department or the
 1590  board.
 1591         (n) Failing to make available to a patient or client, upon
 1592  written request, copies of tests, reports, or documents in the
 1593  possession or under the control of the licensee, registered
 1594  associate intern, or certificateholder which have been prepared
 1595  for and paid for by the patient or client.
 1596         (o) Failing to respond within 30 days to a written
 1597  communication from the department or the board concerning any
 1598  investigation by the department or the board, or failing to make
 1599  available any relevant records with respect to any investigation
 1600  about the licensee’s, registered associate’s intern’s, or
 1601  certificateholder’s conduct or background.
 1602         (p) Being unable to practice the profession for which he or
 1603  she is licensed, registered, or certified under this chapter
 1604  with reasonable skill or competence as a result of any mental or
 1605  physical condition or by reason of illness; drunkenness; or
 1606  excessive use of drugs, narcotics, chemicals, or any other
 1607  substance. In enforcing this paragraph, upon a finding by the
 1608  State Surgeon General, the State Surgeon General’s designee, or
 1609  the board that probable cause exists to believe that the
 1610  licensee, registered associate intern, or certificateholder is
 1611  unable to practice the profession because of the reasons stated
 1612  in this paragraph, the department shall have the authority to
 1613  compel a licensee, registered associate intern, or
 1614  certificateholder to submit to a mental or physical examination
 1615  by psychologists, physicians, or other licensees under this
 1616  chapter, designated by the department or board. If the licensee,
 1617  registered associate intern, or certificateholder refuses to
 1618  comply with such order, the department’s order directing the
 1619  examination may be enforced by filing a petition for enforcement
 1620  in the circuit court in the circuit in which the licensee,
 1621  registered associate intern, or certificateholder resides or
 1622  does business. The licensee, registered associate intern, or
 1623  certificateholder against whom the petition is filed may shall
 1624  not be named or identified by initials in any public court
 1625  records or documents, and the proceedings must shall be closed
 1626  to the public. The department is shall be entitled to the
 1627  summary procedure provided in s. 51.011. A licensee, registered
 1628  associate intern, or certificateholder affected under this
 1629  paragraph shall at reasonable intervals be afforded an
 1630  opportunity to demonstrate that he or she can resume the
 1631  competent practice for which he or she is licensed, registered,
 1632  or certified with reasonable skill and safety to patients.
 1633         (r) Failing to meet the minimum standards of performance in
 1634  professional activities when measured against generally
 1635  prevailing peer performance, including the undertaking of
 1636  activities for which the licensee, registered associate intern,
 1637  or certificateholder is not qualified by training or experience.
 1638         (s) Delegating professional responsibilities to a person
 1639  whom the licensee, registered associate intern, or
 1640  certificateholder knows or has reason to know is not qualified
 1641  by training or experience to perform such responsibilities.
 1642         (u) Failure of the licensee, registered associate intern,
 1643  or certificateholder to maintain in confidence a communication
 1644  made by a patient or client in the context of such services,
 1645  except as provided in s. 491.0147.
 1646         Section 15. Effective July 1, 2022, paragraphs (i), (j),
 1647  (k), and (l) of subsection (1) of section 491.012, Florida
 1648  Statutes, are amended to read:
 1649         491.012 Violations; penalty; injunction.—
 1650         (1) It is unlawful and a violation of this chapter for any
 1651  person to:
 1652         (i) Practice clinical social work in this state for
 1653  compensation, unless the person holds a valid, active license to
 1654  practice clinical social work issued pursuant to this chapter or
 1655  is an associate intern registered pursuant to s. 491.0045.
 1656         (j) Practice marriage and family therapy in this state for
 1657  compensation, unless the person holds a valid, active license to
 1658  practice marriage and family therapy issued pursuant to this
 1659  chapter or is an associate intern registered pursuant to s.
 1660  491.0045.
 1661         (k) Practice mental health counseling in this state for
 1662  compensation, unless the person holds a valid, active license to
 1663  practice mental health counseling issued pursuant to this
 1664  chapter or is an associate intern registered pursuant to s.
 1665  491.0045.
 1666         (l) Use the following titles or any combination thereof,
 1667  unless he or she holds a valid registration as an associate
 1668  intern issued pursuant to this chapter:
 1669         1. “Registered associate clinical social worker intern.”
 1670         2. “Registered associate marriage and family therapist
 1671  intern.”
 1672         3. “Registered associate mental health counselor intern.”
 1673         Section 16. Effective July 1, 2022, paragraph (c) of
 1674  subsection (4) of section 491.014, Florida Statutes, is amended
 1675  to read:
 1676         491.014 Exemptions.—
 1677         (4) No person shall be required to be licensed,
 1678  provisionally licensed, registered, or certified under this
 1679  chapter who:
 1680         (c) Is a student providing services regulated under this
 1681  chapter who is pursuing a course of study which leads to a
 1682  degree in a profession regulated by this chapter, is providing
 1683  services in a training setting, provided such services and
 1684  associated activities constitute part of a supervised course of
 1685  study, and is designated by the title “student associate
 1686  intern.”
 1687         Section 17. Effective July 1, 2022, subsection (3) of
 1688  section 491.0145, Florida Statutes, is amended to read:
 1689         491.0145 Certified master social worker.—The department may
 1690  certify an applicant for a designation as a certified master
 1691  social worker upon the following conditions:
 1692         (3) The applicant has had at least 3 years’ experience, as
 1693  defined by rule, including, but not limited to, clinical
 1694  services or administrative activities as defined in subsection
 1695  (2), 2 years of which must be at the post-master’s level under
 1696  the supervision of a person who meets the education and
 1697  experience requirements for certification as a certified master
 1698  social worker, as defined by rule, or licensure as a clinical
 1699  social worker under this chapter. A doctoral associateship
 1700  internship may be applied toward the supervision requirement.
 1701         Section 18. Effective July 1, 2022, subsection (2) of
 1702  section 491.0149, Florida Statutes, is amended to read:
 1703         491.0149 Display of license; use of professional title on
 1704  promotional materials.—
 1705         (2)(a) A person registered under this chapter as an
 1706  associate a clinical social worker intern, associate marriage
 1707  and family therapist intern, or associate mental health
 1708  counselor intern shall conspicuously display the valid
 1709  registration issued by the department or a true copy thereof at
 1710  each location at which the registered associate intern is
 1711  completing the experience requirements.
 1712         (b) A registered associate clinical social worker intern
 1713  shall include the words “registered associate clinical social
 1714  worker intern,” a registered associate marriage and family
 1715  therapist intern shall include the words “registered associate
 1716  marriage and family therapist intern,” and a registered
 1717  associate mental health counselor intern shall include the words
 1718  “registered associate mental health counselor intern” on all
 1719  promotional materials, including cards, brochures, stationery,
 1720  advertisements, and signs, naming the registered associate
 1721  intern.
 1722         Section 19. Except as otherwise expressly provided in this
 1723  act and except for this section, which shall take effect upon
 1724  this act becoming a law, this act shall take effect upon
 1725  enactment of the Professional Counselors Licensure Compact into
 1726  law by 10 states.