Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 700
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00764A-23                                           2023700__
                      A bill to be entitled                      
       An act relating to mental health professionals;
       amending s. 491.003, F.S.; revising definitions;
       amending s. 491.0045, F.S.; reclassifying intern
       registrations as associate licenses for the
       professions of clinical social work, marriage and
       family therapy, and mental health counseling; amending
       s. 491.005, F.S.; conforming provisions to changes
       made by the act; deleting the requirement that a
       licensed mental health professional be present on the
       premises when registered interns are providing
       clinical services in a private practice setting;
       amending ss. 491.007, 491.009, 491.012, 491.014, and
       491.0149, F.S.; conforming provisions to changes made
       by the act; amending s. 916.115, F.S.; revising
       qualification requirements for experts appointed in
       certain criminal proceedings related to the mental
       condition of a defendant; amending s. 1002.394, F.S.;
       revising the purposes for which certain funds awarded
       under the Family Empowerment Scholarship Program may
       be used; amending s. 414.065, F.S.; conforming a
       cross-reference; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Present subsections (5) through (14), (15),
(16), and (17) of section 491.003, Florida Statutes, are
redesignated as subsections (8) through (17), (5), (6), and (7),
respectively, and paragraph (c) of present subsection (8),
paragraph (c) of present subsection (9), paragraph (c) of
present subsection (10), and present subsections (15), (16), and
(17) are amended, to read:
       491.003 Definitions.—As used in this chapter:
       (11)(8) The “practice of clinical social work” is defined
as the use of scientific and applied knowledge, theories, and
methods for the purpose of describing, preventing, evaluating,
and treating individual, couple, marital, family, or group
behavior, based on the person-in-situation perspective of
psychosocial development, normal and abnormal behavior,
psychopathology, unconscious motivation, interpersonal
relationships, environmental stress, differential assessment,
differential planning, and data gathering. The purpose of such
services is the prevention and treatment of undesired behavior
and enhancement of mental health. The practice of clinical
social work includes methods of a psychological nature used to
evaluate, assess, diagnose, treat, and prevent emotional and
mental disorders and dysfunctions (whether cognitive, affective,
or behavioral), sexual dysfunction, behavioral disorders,
alcoholism, and substance abuse. The practice of clinical social
work includes, but is not limited to, psychotherapy,
hypnotherapy, and sex therapy. The practice of clinical social
work also includes counseling, behavior modification,
consultation, client-centered advocacy, crisis intervention, and
the provision of needed information and education to clients,
when using methods of a psychological nature to evaluate,
assess, diagnose, treat, and prevent emotional and mental
disorders and dysfunctions (whether cognitive, affective, or
behavioral), sexual dysfunction, behavioral disorders,
alcoholism, or substance abuse. The practice of clinical social
work may also include clinical research into more effective
psychotherapeutic modalities for the treatment and prevention of
such conditions.
       (c) The terms “diagnose” and “treat,” as used in this
chapter, when considered in isolation or in conjunction with the
rules of the board, may not be construed to permit the
performance of any act which clinical social workers are not
educated and trained to perform, including, but not limited to,
admitting persons to hospitals for treatment of the foregoing
conditions, treating persons in hospitals without medical
supervision, prescribing medicinal drugs as defined in chapter
465, authorizing clinical laboratory procedures, or radiological
procedures, or use of electroconvulsive therapy. In addition,
this definition may not be construed to permit any person
licensed, provisionally licensed, registered, or certified
pursuant to this chapter to describe or label any test, report,
or procedure as “psychological,” except to relate specifically
to the definition of practice authorized in this subsection.
       (12)(9) The term “practice of marriage and family therapy”
means the use of scientific and applied marriage and family
theories, methods, and procedures for the purpose of describing,
evaluating, and modifying marital, family, and individual
behavior, within the context of marital and family systems,
including the context of marital formation and dissolution, and
is based on marriage and family systems theory, marriage and
family development, human development, normal and abnormal
behavior, psychopathology, human sexuality, and
psychotherapeutic and marriage and family therapy theories and
techniques. The practice of marriage and family therapy includes
methods of a psychological nature used to evaluate, assess,
diagnose, treat, and prevent emotional and mental disorders or
dysfunctions (whether cognitive, affective, or behavioral),
sexual dysfunction, behavioral disorders, alcoholism, and
substance abuse. The practice of marriage and family therapy
includes, but is not limited to, marriage and family therapy,
psychotherapy, including behavioral family therapy,
hypnotherapy, and sex therapy. The practice of marriage and
family therapy also includes counseling, behavior modification,
consultation, client-centered advocacy, crisis intervention, and
the provision of needed information and education to clients,
when using methods of a psychological nature to evaluate,
assess, diagnose, treat, and prevent emotional and mental
disorders and dysfunctions (whether cognitive, affective, or
behavioral), sexual dysfunction, behavioral disorders,
alcoholism, or substance abuse. The practice of marriage and
family therapy may also include clinical research into more
effective psychotherapeutic modalities for the treatment and
prevention of such conditions.
       (c) The terms “diagnose” and “treat,” as used in this
chapter, when considered in isolation or in conjunction with the
rules of the board, may not be construed to permit the
performance of any act that marriage and family therapists are
not educated and trained to perform, including, but not limited
to, admitting persons to hospitals for treatment of the
foregoing conditions, treating persons in hospitals without
medical supervision, prescribing medicinal drugs as defined in
chapter 465, authorizing clinical laboratory procedures or
radiological procedures or the use of electroconvulsive therapy.
In addition, this definition may not be construed to permit any
person licensed, provisionally licensed, registered, or
certified pursuant to this chapter to describe or label any
test, report, or procedure as “psychological,” except to relate
specifically to the definition of practice authorized in this
subsection.
       (13)(10) The term “practice of mental health counseling”
means the use of scientific and applied behavioral science
theories, methods, and techniques for the purpose of describing,
preventing, and treating undesired behavior and enhancing mental
health and human development and is based on the person-in
situation perspectives derived from research and theory in
personality, family, group, and organizational dynamics and
development, career planning, cultural diversity, human growth
and development, human sexuality, normal and abnormal behavior,
psychopathology, psychotherapy, and rehabilitation. The practice
of mental health counseling includes methods of a psychological
nature used to evaluate, assess, diagnose, and treat emotional
and mental dysfunctions or disorders, whether cognitive,
affective, or behavioral, interpersonal relationships, sexual
dysfunction, alcoholism, and substance abuse. The practice of
mental health counseling includes, but is not limited to,
psychotherapy, hypnotherapy, and sex therapy. The practice of
mental health counseling also includes counseling, behavior
modification, consultation, client-centered advocacy, crisis
intervention, and the provision of needed information and
education to clients, when using methods of a psychological
nature to evaluate, assess, diagnose, treat, and prevent
emotional and mental disorders and dysfunctions (whether
cognitive, affective, or behavioral), behavioral disorders,
sexual dysfunction, alcoholism, or substance abuse. The practice
of mental health counseling may also include clinical research
into more effective psychotherapeutic modalities for the
treatment and prevention of such conditions.
       (c) The terms “diagnose” and “treat,” as used in this
chapter, when considered in isolation or in conjunction with any
provision of the rules of the board, may not be construed to
permit the performance of any act that mental health counselors
are not educated and trained to perform, including, but not
limited to, admitting persons to hospitals for treatment of the
foregoing conditions, treating persons in hospitals without
medical supervision, prescribing medicinal drugs as defined in
chapter 465, authorizing clinical laboratory procedures or
radiological procedures, or the use of electroconvulsive
therapy. In addition, this definition may not be construed to
permit any person licensed, provisionally licensed, registered,
or certified pursuant to this chapter to describe or label any
test, report, or procedure as “psychological,” except to relate
specifically to the definition of practice authorized in this
subsection.
       (5)(15) “Licensed associate Registered clinical social
worker intern” means a person licensed registered under this
chapter who is completing the postgraduate clinical social work
experience requirement specified in s. 491.005(1)(c).
       (6)(16) “Licensed associate Registered marriage and family
therapist intern” means a person licensed registered under this
chapter who is completing the post-master’s clinical experience
requirement specified in s. 491.005(3)(c).
       (7)(17) “Licensed associate Registered mental health
counselor intern” means a person licensed registered under this
chapter who is completing the post-master’s clinical experience
requirement specified in s. 491.005(4)(c).
       Section 2. Section 491.0045, Florida Statutes, is amended
to read:
       491.0045 Associate license Intern registration;
requirements.—
       (1) An individual who has not satisfied the postgraduate or
post-master’s level experience requirements, as specified in s.
491.005(1)(c), (3)(c), or (4)(c), must apply for an associate
license register as an intern in the profession for which he or
she is seeking full licensure before commencing the post
master’s experience requirement or an individual who intends to
satisfy part of the required graduate-level practicum,
internship, or field experience, outside the academic arena for
any profession, and must apply for an associate license register
as an intern in the profession for which he or she is seeking
full licensure before commencing the practicum, internship, or
field experience.
       (2) The department shall license register as an associate a
clinical social worker intern, associate marriage and family
therapist intern, or associate mental health counselor intern
each applicant who the board certifies has:
       (a) Completed the application form and remitted a
nonrefundable application fee not to exceed $200, as set by
board rule;
       (b)1. Completed the education requirements as specified in
s. 491.005(1)(c), (3)(c), or (4)(c) for the profession for which
he or she is applying for licensure, if needed; and
       2. Submitted an acceptable supervision plan, as determined
by the board, for meeting the practicum, internship, or field
work required for licensure that was not satisfied in his or her
graduate program.
       (c) Identified a qualified supervisor.
       (3) An individual licensed as an associate registered under
this section must remain under supervision while practicing
under associate licensure registered intern status.
       (4) An individual who fails to comply with this section may
not be granted a full license under this chapter, and any time
spent by the individual completing the experience requirement as
specified in s. 491.005(1)(c), (3)(c), or (4)(c) before being
issued an associate license registering as an intern does not
count toward completion of the requirement.
       (5) An associate license intern registration is valid for 5
years.
       (6) A registration issued on or before March 31, 2017,
expires March 31, 2022, and may not be renewed or reissued. Any
intern registration issued after March 31, 2017, but before July
1, 2023, under former s. 491.0045, Florida Statutes 2022,
expires 60 months after the date it is issued. Any associate
license issued on or after July 1, 2023, expires 60 months after
the date it is issued. The board may make a one-time exception
to the requirements of this subsection in emergency or hardship
cases, as defined by board rule, if the candidate has passed the
theory and practice examination described in s. 491.005(1)(d),
(3)(d), and (4)(d).
       (7) An individual who has held a provisional license issued
by the board may not apply for an associate license intern
registration in the same profession.
       Section 3. Paragraph (c) of subsection (1), paragraph (c)
of subsection (3), and paragraph (c) of subsection (4) of
section 491.005, Florida Statutes, are amended to read:
       491.005 Licensure by examination.—
       (1) CLINICAL SOCIAL WORK.—Upon verification of
documentation and payment of a fee not to exceed $200, as set by
board rule, the department shall issue a license as a clinical
social worker to an applicant whom the board certifies has met
all of the following criteria:
       (c) Completed at least 2 years of clinical social work
experience, which took place subsequent to completion of a
graduate degree in social work at an institution meeting the
accreditation requirements of this section, under the
supervision of a licensed clinical social worker or the
equivalent who is a qualified supervisor as determined by the
board. An individual who intends to practice in Florida to
satisfy clinical experience requirements must register pursuant
to s. 491.0045 before commencing practice. If the applicant’s
graduate program was not a program which emphasized direct
clinical patient or client health care services as described in
subparagraph (b)2., the supervised experience requirement must
take place after the applicant has completed a minimum of 15
semester hours or 22 quarter hours of the coursework required. A
doctoral internship may be applied toward the clinical social
work experience requirement. A licensed mental health
professional must be on the premises when clinical services are
provided by a registered intern in a private practice setting.
       (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
documentation and payment of a fee not to exceed $200, as set by
board rule, the department shall issue a license as a marriage
and family therapist to an applicant whom the board certifies
has met all of the following criteria:
       (c) Completed at least 2 years of clinical experience
during which 50 percent of the applicant’s clients were
receiving marriage and family therapy services, which must be at
the post-master’s level under the supervision of a licensed
marriage and family therapist with at least 5 years of
experience, or the equivalent, who is a qualified supervisor as
determined by the board. An individual who intends to practice
in Florida to satisfy the clinical experience requirements must
register pursuant to s. 491.0045 before commencing practice. If
a graduate has a master’s degree with a major emphasis in
marriage and family therapy or a closel