Bill Text: FL S0700 | 2023 | Regular Session | Introduced
Bill Title: Mental Health Professionals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-05-05 - Died in Health Policy [S0700 Detail]
Download: Florida-2023-S0700-Introduced.html
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.
