Florida Senate - 2023                                     SB 700
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00764A-23                                           2023700__
    1                        A bill to be entitled                      
    2         An act relating to mental health professionals;
    3         amending s. 491.003, F.S.; revising definitions;
    4         amending s. 491.0045, F.S.; reclassifying intern
    5         registrations as associate licenses for the
    6         professions of clinical social work, marriage and
    7         family therapy, and mental health counseling; amending
    8         s. 491.005, F.S.; conforming provisions to changes
    9         made by the act; deleting the requirement that a
   10         licensed mental health professional be present on the
   11         premises when registered interns are providing
   12         clinical services in a private practice setting;
   13         amending ss. 491.007, 491.009, 491.012, 491.014, and
   14         491.0149, F.S.; conforming provisions to changes made
   15         by the act; amending s. 916.115, F.S.; revising
   16         qualification requirements for experts appointed in
   17         certain criminal proceedings related to the mental
   18         condition of a defendant; amending s. 1002.394, F.S.;
   19         revising the purposes for which certain funds awarded
   20         under the Family Empowerment Scholarship Program may
   21         be used; amending s. 414.065, F.S.; conforming a
   22         cross-reference; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Present subsections (5) through (14), (15),
   27  (16), and (17) of section 491.003, Florida Statutes, are
   28  redesignated as subsections (8) through (17), (5), (6), and (7),
   29  respectively, and paragraph (c) of present subsection (8),
   30  paragraph (c) of present subsection (9), paragraph (c) of
   31  present subsection (10), and present subsections (15), (16), and
   32  (17) are amended, to read:
   33         491.003 Definitions.—As used in this chapter:
   34         (11)(8) The “practice of clinical social work” is defined
   35  as the use of scientific and applied knowledge, theories, and
   36  methods for the purpose of describing, preventing, evaluating,
   37  and treating individual, couple, marital, family, or group
   38  behavior, based on the person-in-situation perspective of
   39  psychosocial development, normal and abnormal behavior,
   40  psychopathology, unconscious motivation, interpersonal
   41  relationships, environmental stress, differential assessment,
   42  differential planning, and data gathering. The purpose of such
   43  services is the prevention and treatment of undesired behavior
   44  and enhancement of mental health. The practice of clinical
   45  social work includes methods of a psychological nature used to
   46  evaluate, assess, diagnose, treat, and prevent emotional and
   47  mental disorders and dysfunctions (whether cognitive, affective,
   48  or behavioral), sexual dysfunction, behavioral disorders,
   49  alcoholism, and substance abuse. The practice of clinical social
   50  work includes, but is not limited to, psychotherapy,
   51  hypnotherapy, and sex therapy. The practice of clinical social
   52  work also includes counseling, behavior modification,
   53  consultation, client-centered advocacy, crisis intervention, and
   54  the provision of needed information and education to clients,
   55  when using methods of a psychological nature to evaluate,
   56  assess, diagnose, treat, and prevent emotional and mental
   57  disorders and dysfunctions (whether cognitive, affective, or
   58  behavioral), sexual dysfunction, behavioral disorders,
   59  alcoholism, or substance abuse. The practice of clinical social
   60  work may also include clinical research into more effective
   61  psychotherapeutic modalities for the treatment and prevention of
   62  such conditions.
   63         (c) The terms “diagnose” and “treat,” as used in this
   64  chapter, when considered in isolation or in conjunction with the
   65  rules of the board, may not be construed to permit the
   66  performance of any act which clinical social workers are not
   67  educated and trained to perform, including, but not limited to,
   68  admitting persons to hospitals for treatment of the foregoing
   69  conditions, treating persons in hospitals without medical
   70  supervision, prescribing medicinal drugs as defined in chapter
   71  465, authorizing clinical laboratory procedures, or radiological
   72  procedures, or use of electroconvulsive therapy. In addition,
   73  this definition may not be construed to permit any person
   74  licensed, provisionally licensed, registered, or certified
   75  pursuant to this chapter to describe or label any test, report,
   76  or procedure as “psychological,” except to relate specifically
   77  to the definition of practice authorized in this subsection.
   78         (12)(9) The term “practice of marriage and family therapy”
   79  means the use of scientific and applied marriage and family
   80  theories, methods, and procedures for the purpose of describing,
   81  evaluating, and modifying marital, family, and individual
   82  behavior, within the context of marital and family systems,
   83  including the context of marital formation and dissolution, and
   84  is based on marriage and family systems theory, marriage and
   85  family development, human development, normal and abnormal
   86  behavior, psychopathology, human sexuality, and
   87  psychotherapeutic and marriage and family therapy theories and
   88  techniques. The practice of marriage and family therapy includes
   89  methods of a psychological nature used to evaluate, assess,
   90  diagnose, treat, and prevent emotional and mental disorders or
   91  dysfunctions (whether cognitive, affective, or behavioral),
   92  sexual dysfunction, behavioral disorders, alcoholism, and
   93  substance abuse. The practice of marriage and family therapy
   94  includes, but is not limited to, marriage and family therapy,
   95  psychotherapy, including behavioral family therapy,
   96  hypnotherapy, and sex therapy. The practice of marriage and
   97  family therapy also includes counseling, behavior modification,
   98  consultation, client-centered advocacy, crisis intervention, and
   99  the provision of needed information and education to clients,
  100  when using methods of a psychological nature to evaluate,
  101  assess, diagnose, treat, and prevent emotional and mental
  102  disorders and dysfunctions (whether cognitive, affective, or
  103  behavioral), sexual dysfunction, behavioral disorders,
  104  alcoholism, or substance abuse. The practice of marriage and
  105  family therapy may also include clinical research into more
  106  effective psychotherapeutic modalities for the treatment and
  107  prevention of such conditions.
  108         (c) The terms “diagnose” and “treat,” as used in this
  109  chapter, when considered in isolation or in conjunction with the
  110  rules of the board, may not be construed to permit the
  111  performance of any act that marriage and family therapists are
  112  not educated and trained to perform, including, but not limited
  113  to, admitting persons to hospitals for treatment of the
  114  foregoing conditions, treating persons in hospitals without
  115  medical supervision, prescribing medicinal drugs as defined in
  116  chapter 465, authorizing clinical laboratory procedures or
  117  radiological procedures or the use of electroconvulsive therapy.
  118  In addition, this definition may not be construed to permit any
  119  person licensed, provisionally licensed, registered, or
  120  certified pursuant to this chapter to describe or label any
  121  test, report, or procedure as “psychological,” except to relate
  122  specifically to the definition of practice authorized in this
  123  subsection.
  124         (13)(10) The term “practice of mental health counseling”
  125  means the use of scientific and applied behavioral science
  126  theories, methods, and techniques for the purpose of describing,
  127  preventing, and treating undesired behavior and enhancing mental
  128  health and human development and is based on the person-in
  129  situation perspectives derived from research and theory in
  130  personality, family, group, and organizational dynamics and
  131  development, career planning, cultural diversity, human growth
  132  and development, human sexuality, normal and abnormal behavior,
  133  psychopathology, psychotherapy, and rehabilitation. The practice
  134  of mental health counseling includes methods of a psychological
  135  nature used to evaluate, assess, diagnose, and treat emotional
  136  and mental dysfunctions or disorders, whether cognitive,
  137  affective, or behavioral, interpersonal relationships, sexual
  138  dysfunction, alcoholism, and substance abuse. The practice of
  139  mental health counseling includes, but is not limited to,
  140  psychotherapy, hypnotherapy, and sex therapy. The practice of
  141  mental health counseling also includes counseling, behavior
  142  modification, consultation, client-centered advocacy, crisis
  143  intervention, and the provision of needed information and
  144  education to clients, when using methods of a psychological
  145  nature to evaluate, assess, diagnose, treat, and prevent
  146  emotional and mental disorders and dysfunctions (whether
  147  cognitive, affective, or behavioral), behavioral disorders,
  148  sexual dysfunction, alcoholism, or substance abuse. The practice
  149  of mental health counseling may also include clinical research
  150  into more effective psychotherapeutic modalities for the
  151  treatment and prevention of such conditions.
  152         (c) The terms “diagnose” and “treat,” as used in this
  153  chapter, when considered in isolation or in conjunction with any
  154  provision of the rules of the board, may not be construed to
  155  permit the performance of any act that mental health counselors
  156  are not educated and trained to perform, including, but not
  157  limited to, admitting persons to hospitals for treatment of the
  158  foregoing conditions, treating persons in hospitals without
  159  medical supervision, prescribing medicinal drugs as defined in
  160  chapter 465, authorizing clinical laboratory procedures or
  161  radiological procedures, or the use of electroconvulsive
  162  therapy. In addition, this definition may not be construed to
  163  permit any person licensed, provisionally licensed, registered,
  164  or certified pursuant to this chapter to describe or label any
  165  test, report, or procedure as “psychological,” except to relate
  166  specifically to the definition of practice authorized in this
  167  subsection.
  168         (5)(15) “Licensed associate Registered clinical social
  169  worker intern” means a person licensed registered under this
  170  chapter who is completing the postgraduate clinical social work
  171  experience requirement specified in s. 491.005(1)(c).
  172         (6)(16) “Licensed associate Registered marriage and family
  173  therapist intern” means a person licensed registered under this
  174  chapter who is completing the post-master’s clinical experience
  175  requirement specified in s. 491.005(3)(c).
  176         (7)(17) “Licensed associate Registered mental health
  177  counselor intern” means a person licensed registered under this
  178  chapter who is completing the post-master’s clinical experience
  179  requirement specified in s. 491.005(4)(c).
  180         Section 2. Section 491.0045, Florida Statutes, is amended
  181  to read:
  182         491.0045 Associate license Intern registration;
  183  requirements.—
  184         (1) An individual who has not satisfied the postgraduate or
  185  post-master’s level experience requirements, as specified in s.
  186  491.005(1)(c), (3)(c), or (4)(c), must apply for an associate
  187  license register as an intern in the profession for which he or
  188  she is seeking full licensure before commencing the post
  189  master’s experience requirement or an individual who intends to
  190  satisfy part of the required graduate-level practicum,
  191  internship, or field experience, outside the academic arena for
  192  any profession, and must apply for an associate license register
  193  as an intern in the profession for which he or she is seeking
  194  full licensure before commencing the practicum, internship, or
  195  field experience.
  196         (2) The department shall license register as an associate a
  197  clinical social worker intern, associate marriage and family
  198  therapist intern, or associate mental health counselor intern
  199  each applicant who the board certifies has:
  200         (a) Completed the application form and remitted a
  201  nonrefundable application fee not to exceed $200, as set by
  202  board rule;
  203         (b)1. Completed the education requirements as specified in
  204  s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
  205  he or she is applying for licensure, if needed; and
  206         2. Submitted an acceptable supervision plan, as determined
  207  by the board, for meeting the practicum, internship, or field
  208  work required for licensure that was not satisfied in his or her
  209  graduate program.
  210         (c) Identified a qualified supervisor.
  211         (3) An individual licensed as an associate registered under
  212  this section must remain under supervision while practicing
  213  under associate licensure registered intern status.
  214         (4) An individual who fails to comply with this section may
  215  not be granted a full license under this chapter, and any time
  216  spent by the individual completing the experience requirement as
  217  specified in s. 491.005(1)(c), (3)(c), or (4)(c) before being
  218  issued an associate license registering as an intern does not
  219  count toward completion of the requirement.
  220         (5) An associate license intern registration is valid for 5
  221  years.
  222         (6) A registration issued on or before March 31, 2017,
  223  expires March 31, 2022, and may not be renewed or reissued. Any
  224  intern registration issued after March 31, 2017, but before July
  225  1, 2023, under former s. 491.0045, Florida Statutes 2022,
  226  expires 60 months after the date it is issued. Any associate
  227  license issued on or after July 1, 2023, expires 60 months after
  228  the date it is issued. The board may make a one-time exception
  229  to the requirements of this subsection in emergency or hardship
  230  cases, as defined by board rule, if the candidate has passed the
  231  theory and practice examination described in s. 491.005(1)(d),
  232  (3)(d), and (4)(d).
  233         (7) An individual who has held a provisional license issued
  234  by the board may not apply for an associate license intern
  235  registration in the same profession.
  236         Section 3. Paragraph (c) of subsection (1), paragraph (c)
  237  of subsection (3), and paragraph (c) of subsection (4) of
  238  section 491.005, Florida Statutes, are amended to read:
  239         491.005 Licensure by examination.—
  240         (1) CLINICAL SOCIAL WORK.—Upon verification of
  241  documentation and payment of a fee not to exceed $200, as set by
  242  board rule, the department shall issue a license as a clinical
  243  social worker to an applicant whom the board certifies has met
  244  all of the following criteria:
  245         (c) Completed at least 2 years of clinical social work
  246  experience, which took place subsequent to completion of a
  247  graduate degree in social work at an institution meeting the
  248  accreditation requirements of this section, under the
  249  supervision of a licensed clinical social worker or the
  250  equivalent who is a qualified supervisor as determined by the
  251  board. An individual who intends to practice in Florida to
  252  satisfy clinical experience requirements must register pursuant
  253  to s. 491.0045 before commencing practice. If the applicant’s
  254  graduate program was not a program which emphasized direct
  255  clinical patient or client health care services as described in
  256  subparagraph (b)2., the supervised experience requirement must
  257  take place after the applicant has completed a minimum of 15
  258  semester hours or 22 quarter hours of the coursework required. A
  259  doctoral internship may be applied toward the clinical social
  260  work experience requirement. A licensed mental health
  261  professional must be on the premises when clinical services are
  262  provided by a registered intern in a private practice setting.
  263         (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
  264  documentation and payment of a fee not to exceed $200, as set by
  265  board rule, the department shall issue a license as a marriage
  266  and family therapist to an applicant whom the board certifies
  267  has met all of the following criteria:
  268         (c) Completed at least 2 years of clinical experience
  269  during which 50 percent of the applicant’s clients were
  270  receiving marriage and family therapy services, which must be at
  271  the post-master’s level under the supervision of a licensed
  272  marriage and family therapist with at least 5 years of
  273  experience, or the equivalent, who is a qualified supervisor as
  274  determined by the board. An individual who intends to practice
  275  in Florida to satisfy the clinical experience requirements must
  276  register pursuant to s. 491.0045 before commencing practice. If
  277  a graduate has a master’s degree with a major emphasis in
  278  marriage and family therapy or a closely related field which did
  279  not include all of the coursework required by paragraph (b),
  280  credit for the post-master’s level clinical experience may not
  281  commence until the applicant has completed a minimum of 10 of
  282  the courses required by paragraph (b), as determined by the
  283  board, and at least 6 semester hours or 9 quarter hours of the
  284  course credits must have been completed in the area of marriage
  285  and family systems, theories, or techniques. Within the 2 years
  286  of required experience, the applicant shall provide direct
  287  individual, group, or family therapy and counseling to cases
  288  including those involving unmarried dyads, married couples,
  289  separating and divorcing couples, and family groups that include
  290  children. A doctoral internship may be applied toward the
  291  clinical experience requirement. A licensed mental health
  292  professional must be on the premises when clinical services are
  293  provided by a registered intern in a private practice setting.
  294  
  295  For the purposes of dual licensure, the department shall license
  296  as a marriage and family therapist any person who meets the
  297  requirements of s. 491.0057. Fees for dual licensure may not
  298  exceed those stated in this subsection.
  299         (4) MENTAL HEALTH COUNSELING.—Upon verification of
  300  documentation and payment of a fee not to exceed $200, as set by
  301  board rule, the department shall issue a license as a mental
  302  health counselor to an applicant whom the board certifies has
  303  met all of the following criteria:
  304         (c) Completed at least 2 years of clinical experience in
  305  mental health counseling, which must be at the post-master’s
  306  level under the supervision of a licensed mental health
  307  counselor or the equivalent who is a qualified supervisor as
  308  determined by the board. An individual who intends to practice
  309  in Florida to satisfy the clinical experience requirements must
  310  register pursuant to s. 491.0045 before commencing practice. If
  311  a graduate has a master’s degree with a major related to the
  312  practice of mental health counseling which did not include all
  313  the coursework required under sub-subparagraphs (b)1.a. and b.,
  314  credit for the post-master’s level clinical experience may not
  315  commence until the applicant has completed a minimum of seven of
  316  the courses required under sub-subparagraphs (b)1.a. and b., as
  317  determined by the board, one of which must be a course in
  318  psychopathology or abnormal psychology. A doctoral internship
  319  may be applied toward the clinical experience requirement. A
  320  licensed mental health professional must be on the premises when
  321  clinical services are provided by a registered intern in a
  322  private practice setting.
  323         Section 4. Section 491.007, Florida Statutes, is amended to
  324  read:
  325         491.007 Renewal of license, registration, or certificate.—
  326         (1) The board or department shall prescribe by rule a
  327  method for the biennial renewal of licenses or certificates at a
  328  fee set by rule, not to exceed $250.
  329         (2) Each applicant for renewal shall present satisfactory
  330  evidence that, in the period since the license or certificate
  331  was issued, the applicant has completed continuing education
  332  requirements set by rule of the board or department. Not more
  333  than 25 classroom hours of continuing education per year shall
  334  be required. A certified master social worker is exempt from the
  335  continuing education requirements for the first renewal of the
  336  certificate.
  337         Section 5. Subsection (1) of section 491.009, Florida
  338  Statutes, is amended to read:
  339         491.009 Discipline.—
  340         (1) The following acts constitute grounds for denial of a
  341  license or disciplinary action, as specified in s. 456.072(2) or
  342  s. 491.017:
  343         (a) Attempting to obtain, obtaining, or renewing a license,
  344  registration, or certificate under this chapter by bribery or
  345  fraudulent misrepresentation or through an error of the board or
  346  the department.
  347         (b) Having a license, registration, or certificate to
  348  practice a comparable profession revoked, suspended, or
  349  otherwise acted against, including the denial of certification
  350  or licensure by another state, territory, or country.
  351         (c) Being convicted or found guilty of, regardless of
  352  adjudication, or having entered a plea of nolo contendere to, a
  353  crime in any jurisdiction which directly relates to the practice
  354  of his or her profession or the ability to practice his or her
  355  profession. However, in the case of a plea of nolo contendere,
  356  the board shall allow the person who is the subject of the
  357  disciplinary proceeding to present evidence in mitigation
  358  relevant to the underlying charges and circumstances surrounding
  359  the plea.
  360         (d) False, deceptive, or misleading advertising or
  361  obtaining a fee or other thing of value on the representation
  362  that beneficial results from any treatment will be guaranteed.
  363         (e) Advertising, practicing, or attempting to practice
  364  under a name other than one’s own.
  365         (f) Maintaining a professional association with any person
  366  who the applicant, licensee, registered intern, or
  367  certificateholder knows, or has reason to believe, is in
  368  violation of this chapter or of a rule of the department or the
  369  board.
  370         (g) Knowingly aiding, assisting, procuring, or advising any
  371  nonlicensed, nonregistered, or noncertified person to hold
  372  himself or herself out as licensed, registered, or certified
  373  under this chapter.
  374         (h) Failing to perform any statutory or legal obligation
  375  placed upon a person licensed, registered, or certified under
  376  this chapter.
  377         (i) Willfully making or filing a false report or record;
  378  failing to file a report or record required by state or federal
  379  law; willfully impeding or obstructing the filing of a report or
  380  record; or inducing another person to make or file a false
  381  report or record or to impede or obstruct the filing of a report
  382  or record. Such report or record includes only a report or
  383  record which requires the signature of a person licensed,
  384  registered, or certified under this chapter.
  385         (j) Paying a kickback, rebate, bonus, or other remuneration
  386  for receiving a patient or client, or receiving a kickback,
  387  rebate, bonus, or other remuneration for referring a patient or
  388  client to another provider of mental health care services or to
  389  a provider of health care services or goods; referring a patient
  390  or client to oneself for services on a fee-paid basis when those
  391  services are already being paid for by some other public or
  392  private entity; or entering into a reciprocal referral
  393  agreement.
  394         (k) Committing any act upon a patient or client which would
  395  constitute sexual battery or which would constitute sexual
  396  misconduct as defined pursuant to s. 491.0111.
  397         (l) Making misleading, deceptive, untrue, or fraudulent
  398  representations in the practice of any profession licensed,
  399  registered, or certified under this chapter.
  400         (m) Soliciting patients or clients personally, or through
  401  an agent, through the use of fraud, intimidation, undue
  402  influence, or a form of overreaching or vexatious conduct.
  403         (n) Failing to make available to a patient or client, upon
  404  written request, copies of tests, reports, or documents in the
  405  possession or under the control of the licensee, registered
  406  intern, or certificateholder which have been prepared for and
  407  paid for by the patient or client.
  408         (o) Failing to respond within 30 days to a written
  409  communication from the department or the board concerning any
  410  investigation by the department or the board, or failing to make
  411  available any relevant records with respect to any investigation
  412  about the licensee’s, registered intern’s, or
  413  certificateholder’s conduct or background.
  414         (p) Being unable to practice the profession for which he or
  415  she is licensed, registered, or certified under this chapter
  416  with reasonable skill or competence as a result of any mental or
  417  physical condition or by reason of illness; drunkenness; or
  418  excessive use of drugs, narcotics, chemicals, or any other
  419  substance. In enforcing this paragraph, upon a finding by the
  420  State Surgeon General, the State Surgeon General’s designee, or
  421  the board that probable cause exists to believe that the
  422  licensee, registered intern, or certificateholder is unable to
  423  practice the profession because of the reasons stated in this
  424  paragraph, the department shall have the authority to compel a
  425  licensee, registered intern, or certificateholder to submit to a
  426  mental or physical examination by psychologists, physicians, or
  427  other licensees under this chapter, designated by the department
  428  or board. If the licensee, registered intern, or
  429  certificateholder refuses to comply with such order, the
  430  department’s order directing the examination may be enforced by
  431  filing a petition for enforcement in the circuit court in the
  432  circuit in which the licensee, registered intern, or
  433  certificateholder resides or does business. The licensee,
  434  registered intern, or certificateholder against whom the
  435  petition is filed may not be named or identified by initials in
  436  any public court records or documents, and the proceedings shall
  437  be closed to the public. The department shall be entitled to the
  438  summary procedure provided in s. 51.011. A licensee, registered
  439  intern, or certificateholder affected under this paragraph shall
  440  at reasonable intervals be afforded an opportunity to
  441  demonstrate that he or she can resume the competent practice for
  442  which he or she is licensed, registered, or certified with
  443  reasonable skill and safety to patients.
  444         (q) Performing any treatment or prescribing any therapy
  445  which, by the prevailing standards of the mental health
  446  professions in the community, would constitute experimentation
  447  on human subjects, without first obtaining full, informed, and
  448  written consent.
  449         (r) Failing to meet the minimum standards of performance in
  450  professional activities when measured against generally
  451  prevailing peer performance, including the undertaking of
  452  activities for which the licensee, registered intern, or
  453  certificateholder is not qualified by training or experience.
  454         (s) Delegating professional responsibilities to a person
  455  who the licensee, registered intern, or certificateholder knows
  456  or has reason to know is not qualified by training or experience
  457  to perform such responsibilities.
  458         (t) Violating a rule relating to the regulation of the
  459  profession or a lawful order of the department or the board
  460  previously entered in a disciplinary hearing.
  461         (u) Failure of the licensee, registered intern, or
  462  certificateholder to maintain in confidence a communication made
  463  by a patient or client in the context of such services, except
  464  as provided in s. 491.0147.
  465         (v) Making public statements which are derived from test
  466  data, client contacts, or behavioral research and which identify
  467  or damage research subjects or clients.
  468         (w) Violating any provision of this chapter or chapter 456,
  469  or any rules adopted pursuant thereto.
  470         Section 6. Paragraphs (i) through (l) of subsection (1) of
  471  section 491.012, Florida Statutes, are amended to read:
  472         491.012 Violations; penalty; injunction.—
  473         (1) It is unlawful and a violation of this chapter for any
  474  person to:
  475         (i) Practice clinical social work in this state for
  476  compensation, unless the person holds a valid, active license to
  477  practice clinical social work issued pursuant to this chapter or
  478  is an associate clinical social worker licensed intern
  479  registered pursuant to s. 491.0045.
  480         (j) Practice marriage and family therapy in this state for
  481  compensation, unless the person holds a valid, active license to
  482  practice marriage and family therapy issued pursuant to this
  483  chapter or is an associate marriage and family therapist
  484  licensed intern registered pursuant to s. 491.0045.
  485         (k) Practice mental health counseling in this state for
  486  compensation, unless the person holds a valid, active license to
  487  practice mental health counseling issued pursuant to this
  488  chapter or is an associate mental health counselor licensed
  489  intern registered pursuant to s. 491.0045.
  490         (l) Use the following titles or any combination thereof,
  491  unless he or she holds a valid associate license registration as
  492  an intern issued under pursuant to this chapter:
  493         1. “Licensed associate Registered clinical social worker
  494  intern.”
  495         2. “Licensed associate Registered marriage and family
  496  therapist intern.”
  497         3. “Licensed associate Registered mental health counselor
  498  intern.”
  499         Section 7. Subsections (1), (2), and (4) of section
  500  491.014, Florida Statutes, are amended to read:
  501         491.014 Exemptions.—
  502         (1) No provision of this chapter shall be construed to
  503  limit the practice of physicians licensed pursuant to chapter
  504  458 or chapter 459, or psychologists licensed pursuant to
  505  chapter 490, so long as they do not unlawfully hold themselves
  506  out to the public as possessing a license, provisional license,
  507  registration, or certificate issued pursuant to this chapter or
  508  use a professional title protected by this chapter.
  509         (2) No provision of this chapter shall be construed to
  510  limit the practice of nursing, school psychology, psychology, or
  511  occupational therapy, or to prevent qualified members of other
  512  professions from doing work of a nature consistent with their
  513  training and licensure, so long as they do not hold themselves
  514  out to the public as possessing a license, provisional license,
  515  registration, or certificate issued pursuant to this chapter or
  516  use a title protected by this chapter.
  517         (4) No person shall be required to be licensed,
  518  provisionally licensed, registered, or certified under this
  519  chapter who:
  520         (a) Is a salaried employee of a government agency; a
  521  developmental disability facility or program; a mental health,
  522  alcohol, or drug abuse facility operating under chapter 393,
  523  chapter 394, or chapter 397; the statewide child care resource
  524  and referral network operating under s. 1002.92; a child-placing
  525  or child-caring agency licensed pursuant to chapter 409; a
  526  domestic violence center certified pursuant to chapter 39; an
  527  accredited academic institution; or a research institution, if
  528  such employee is performing duties for which he or she was
  529  trained and hired solely within the confines of such agency,
  530  facility, or institution, so long as the employee is not held
  531  out to the public as a clinical social worker, mental health
  532  counselor, or marriage and family therapist.
  533         (b) Is a salaried employee of a private, nonprofit
  534  organization providing counseling services to children, youth,
  535  and families, if such services are provided for no charge, if
  536  such employee is performing duties for which he or she was
  537  trained and hired, so long as the employee is not held out to
  538  the public as a clinical social worker, mental health counselor,
  539  or marriage and family therapist.
  540         (c) Is a student providing services regulated under this
  541  chapter who is pursuing a course of study which leads to a
  542  degree in a profession regulated by this chapter, is providing
  543  services in a training setting, provided such services and
  544  associated activities constitute part of a supervised course of
  545  study, and is designated by the title “student intern.”
  546         (d) Is not a resident of this state but offers services in
  547  this state, provided:
  548         1. Such services are performed for no more than 15 days in
  549  any calendar year; and
  550         2. Such nonresident is licensed or certified to practice
  551  the services provided by a state or territory of the United
  552  States or by a foreign country or province.
  553         Section 8. Subsection (2) of section 491.0149, Florida
  554  Statutes, is amended to read:
  555         491.0149 Display of license; use of professional title on
  556  promotional materials.—
  557         (2)(a) A person licensed registered under this chapter as
  558  an associate a clinical social worker intern, associate marriage
  559  and family therapist intern, or associate mental health
  560  counselor intern shall conspicuously display the valid associate
  561  license registration issued by the department or a true copy
  562  thereof at each location at which the licensed associate
  563  registered intern is completing the experience requirements.
  564         (b) A licensed associate registered clinical social worker
  565  intern shall include the words “licensed associate registered
  566  clinical social worker intern,” a licensed associate registered
  567  marriage and family therapist intern shall include the words
  568  “licensed associate registered marriage and family therapist
  569  intern,” and a licensed associate registered mental health
  570  counselor intern shall include the words “licensed associate
  571  registered mental health counselor intern” on all promotional
  572  materials, including cards, brochures, stationery,
  573  advertisements, and signs, naming the licensed associate
  574  registered intern.
  575         Section 9. Paragraph (a) of subsection (1) of section
  576  916.115, Florida Statutes, is amended to read:
  577         916.115 Appointment of experts.—
  578         (1) The court shall appoint no more than three experts to
  579  determine the mental condition of a defendant in a criminal
  580  case, including competency to proceed, insanity, involuntary
  581  placement, and treatment. The experts may evaluate the defendant
  582  in jail or in another appropriate local facility or in a
  583  facility of the Department of Corrections.
  584         (a) To the extent possible, the appointed experts shall
  585  have completed forensic evaluator training approved by the
  586  department, and each shall be a psychiatrist or physician
  587  licensed under chapter 458 or chapter 459, a psychologist
  588  licensed under chapter 490, or a mental health professional
  589  licensed under chapter 491 psychologist, or physician.
  590         Section 10. Paragraph (b) of subsection (4) of section
  591  1002.394, Florida Statutes, is amended to read:
  592         1002.394 The Family Empowerment Scholarship Program.—
  593         (4) AUTHORIZED USES OF PROGRAM FUNDS.—
  594         (b) Program funds awarded to a student with a disability
  595  determined eligible pursuant to paragraph (3)(b) may be used for
  596  the following purposes:
  597         1. Instructional materials, including digital devices,
  598  digital periphery devices, and assistive technology devices that
  599  allow a student to access instruction or instructional content
  600  and training on the use of and maintenance agreements for these
  601  devices.
  602         2. Curriculum as defined in subsection (2).
  603         3. Specialized services by approved providers or by a
  604  hospital in this state which are selected by the parent. These
  605  specialized services may include, but are not limited to:
  606         a. Applied behavior analysis services as provided in ss.
  607  627.6686 and 641.31098.
  608         b. Services provided by speech-language pathologists as
  609  defined in s. 468.1125(8).
  610         c. Occupational therapy as defined in s. 468.203.
  611         d. Services provided by physical therapists as defined in
  612  s. 486.021(8).
  613         e. Services provided by listening and spoken language
  614  specialists and an appropriate acoustical environment for a
  615  child who has a hearing impairment, including deafness, and who
  616  has received an implant or assistive hearing device.
  617         f.Services provided by a mental health counselor as
  618  defined in s. 491.003.
  619         4. Tuition or fees associated with full-time or part-time
  620  enrollment in a home education program, an eligible private
  621  school, an eligible postsecondary educational institution or a
  622  program offered by the postsecondary educational institution, a
  623  private tutoring program authorized under s. 1002.43, a virtual
  624  program offered by a department-approved private online provider
  625  that meets the provider qualifications specified in s.
  626  1002.45(2)(a), the Florida Virtual School as a private paying
  627  student, or an approved online course offered pursuant to s.
  628  1003.499 or s. 1004.0961.
  629         5. Fees for nationally standardized, norm-referenced
  630  achievement tests, Advanced Placement Examinations, industry
  631  certification examinations, assessments related to postsecondary
  632  education, or other assessments.
  633         6. Contributions to the Stanley G. Tate Florida Prepaid
  634  College Program pursuant to s. 1009.98 or the Florida College
  635  Savings Program pursuant to s. 1009.981 for the benefit of the
  636  eligible student.
  637         7. Contracted services provided by a public school or
  638  school district, including classes. A student who receives
  639  services under a contract under this paragraph is not considered
  640  enrolled in a public school for eligibility purposes as
  641  specified in subsection (6).
  642         8. Tuition and fees for part-time tutoring services
  643  provided by a person who holds a valid Florida educator’s
  644  certificate pursuant to s. 1012.56, a person who holds an
  645  adjunct teaching certificate pursuant to s. 1012.57, a person
  646  who has a bachelor’s degree or a graduate degree in the subject
  647  area in which instruction is given, a person who has
  648  demonstrated a mastery of subject area knowledge pursuant to s.
  649  1012.56(5), or a person certified by a nationally or
  650  internationally recognized research-based training program as
  651  approved by the department. As used in this paragraph, the term
  652  “part-time tutoring services” does not qualify as regular school
  653  attendance as defined in s. 1003.01(13)(e).
  654         9. Fees for specialized summer education programs.
  655         10. Fees for specialized after-school education programs.
  656         11. Transition services provided by job coaches.
  657         12. Fees for an annual evaluation of educational progress
  658  by a state-certified teacher under s. 1002.41(1)(f), if this
  659  option is chosen for a home education student.
  660         13. Tuition and fees associated with programs offered by
  661  Voluntary Prekindergarten Education Program providers approved
  662  pursuant to s. 1002.55 and school readiness providers approved
  663  pursuant to s. 1002.88.
  664         14. Fees for services provided at a center that is a member
  665  of the Professional Association of Therapeutic Horsemanship
  666  International.
  667         15. Fees for services provided by a therapist who is
  668  certified by the Certification Board for Music Therapists or
  669  credentialed by the Art Therapy Credentials Board, Inc.
  670         Section 11. Paragraph (c) of subsection (4) of section
  671  414.065, Florida Statutes, is amended to read:
  672         414.065 Noncompliance with work requirements.—
  673         (4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.—Unless otherwise
  674  provided, the situations listed in this subsection shall
  675  constitute exceptions to the penalties for noncompliance with
  676  participation requirements, except that these situations do not
  677  constitute exceptions to the applicable time limit for receipt
  678  of temporary cash assistance:
  679         (c) Noncompliance related to treatment or remediation of
  680  past effects of domestic violence.—An individual who is
  681  determined to be unable to comply with the work requirements
  682  under this section due to mental or physical impairment related
  683  to past incidents of domestic violence may be exempt from work
  684  requirements, except that such individual shall comply with a
  685  plan that specifies alternative requirements that prepare the
  686  individual for self-sufficiency while providing for the safety
  687  of the individual and the individual’s dependents. A participant
  688  who is determined to be out of compliance with the alternative
  689  requirement plan shall be subject to the penalties under
  690  subsection (1). The plan must include counseling or a course of
  691  treatment necessary for the individual to resume participation.
  692  The need for treatment and the expected duration of such
  693  treatment must be verified by a physician licensed under chapter
  694  458 or chapter 459; a psychologist licensed under s. 490.005(1),
  695  s. 490.006, or the provision identified as s. 490.013(2) in s.
  696  1, chapter 81-235, Laws of Florida; a therapist as defined in s.
  697  491.003(2) or (10) (7); or a treatment professional who is
  698  registered under s. 39.905(1)(g), is authorized to maintain
  699  confidentiality under s. 90.5036(1)(d), and has a minimum of 2
  700  years’ experience at a certified domestic violence center. An
  701  exception granted under this paragraph does not automatically
  702  constitute an exception from the time limitations on benefits
  703  specified under s. 414.105.
  704         Section 12. This act shall take effect July 1, 2023.