Bill Text: FL S0818 | 2021 | Regular Session | Comm Sub
Bill Title: Mental Health Professionals
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Rules [S0818 Detail]
Download: Florida-2021-S0818-Comm_Sub.html
Florida Senate - 2021 CS for SB 818 By the Committee on Criminal Justice; and Senator Burgess 591-03567A-21 2021818c1 1 A bill to be entitled 2 An act relating to mental health professionals; 3 amending s. 491.005, F.S.; revising education 4 requirements for licensure by examination as a 5 marriage and family therapist; requiring a licensed 6 mental health professional to be accessible by 7 telephone or other electronic means when a registered 8 intern is providing services through telehealth; 9 deleting a requirement that a licensed mental health 10 professional be on the premises when a registered 11 intern is providing clinical services in a private 12 setting; requiring the Board of Clinical Social Work, 13 Marriage and Family Therapy, and Mental Health 14 Counseling, rather than the Department of Health, to 15 designate a certain examination required for licensure 16 as a marriage and family therapist; deleting a 17 requirement that a licensed mental health professional 18 be on the premises when a registered intern is 19 providing clinical services in a private practice 20 setting; amending s. 916.115, F.S.; authorizing courts 21 to appoint mental health professionals licensed under 22 ch. 491, F.S., as experts in criminal cases; providing 23 an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (3) and paragraph (c) of subsection 28 (4) of section 491.005, Florida Statutes, are amended to read: 29 491.005 Licensure by examination.— 30 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of 31 documentation and payment of a fee not to exceed $200, as set by 32 board rule, plus the actual cost of the purchase of the 33 examination from the Association of Marital and Family Therapy 34 Regulatory Board, or similar national organization, the 35 department shall issue a license as a marriage and family 36 therapist to an applicant who the board certifies has met the 37 following criteria: 38 (a)HasSubmitted an application and paid the appropriate 39 fee. 40 (b)1. Obtained one of the following: 41 a. A minimum of a master’s degree in marriage and family 42 therapy from a program accredited by the Commission on 43 Accreditation for Marriage and Family Therapy Education. 44 b. A minimum of a master’s degree with a major emphasis in 45 marriage and family therapy or a closely related field from a 46 university program accredited by the Council for Accreditation 47 of Counseling and Related Educational Programs and graduate 48 courses approved by the board. 49 c. A minimum of a master’s degree with an emphasis in 50 marriage and family therapy or a closely related field, with a 51 degree conferred date before July 1, 2026, from an 52 institutionally accredited college or university and graduate 53 course approved by the boardHas a minimum of a master’s degree54with major emphasis in marriage and family therapy or a closely55related field from a program accredited by the Commission on56Accreditation for Marriage and Family Therapy Education or from57a Florida university program accredited by the Council for58Accreditation of Counseling and Related Educational Programs and59graduate courses approved by the Board of Clinical Social Work,60Marriage and Family Therapy, and Mental Health Counseling. 61 2. If the course title that appears on the applicant’s 62 transcript does not clearly identify the content of the 63 coursework, the applicant shall provide additional 64 documentation, including, but not limited to, a syllabus or 65 catalog description published for the course. The required 66 master’s degree must have been received in an institution of 67 higher education that, at the time the applicant graduated, was 68 fully accredited by an institutionala regionalaccrediting body 69 recognized by the Commission on Recognition of Postsecondary 70 Accreditation or publicly recognized as a member in good 71 standing with the Association of Universities and Colleges of 72 Canada, or an institution of higher education located outside 73 the United States and Canada which, at the time the applicant 74 was enrolled and at the time the applicant graduated, maintained 75 a standard of training substantially equivalent to the standards 76 of training of those institutions in the United States which are 77 accredited by an institutionala regionalaccrediting body 78 recognized by the Commission on Recognition of Postsecondary 79 Accreditation. Such foreign education and training must have 80 been received in an institution or program of higher education 81 officially recognized by the government of the country in which 82 it is located as an institution or program to train students to 83 practice as professional marriage and family therapists or 84 psychotherapists. The applicant has the burden of establishing 85 that the requirements of this provision have been met, and the 86 board shall require documentation, such as an evaluation by a 87 foreign equivalency determination service, as evidence that the 88 applicant’s graduate degree program and education were 89 equivalent to an accredited program in this country. An 90 applicant with a master’s degree from a program that did not 91 emphasize marriage and family therapy may complete the 92 coursework requirement in a training institution fully 93 accredited by the Commission on Accreditation for Marriage and 94 Family Therapy Education recognized by the United States 95 Department of Education. 96 (c)HasHad at least 2 years of clinical experience during 97 which 50 percent of the applicant’s clients were receiving 98 marriage and family therapy services, which must have beenbeat 99 the post-master’s level under the supervision of a licensed 100 marriage and family therapist with at least 5 years of 101 experience, or the equivalent, who is a qualified supervisor as 102 determined by the board. An individual who intends to practice 103 in Florida to satisfy the clinical experience requirements must 104 register pursuant to s. 491.0045 before commencing practice. If 105 a graduate has a master’s degree with a major emphasis in 106 marriage and family therapy or a closely related field which did 107 not include all of the coursework required by paragraph (b), 108 credit for the post-master’s level clinical experience may not 109 commence until the applicant has completed a minimum of 10 of 110 the courses required by paragraph (b), as determined by the 111 board, and at least 6 semester hours or 9 quarter hours of the 112 course credits must have been completed in the area of marriage 113 and family systems, theories, or techniques. Within the 2 years 114 of required experience, the applicant mustshallprovide direct 115 individual, group, or family therapy and counseling to cases 116 including those involving unmarried dyads, married couples, 117 separating and divorcing couples, and family groups that include 118 children. A doctoral internship may be applied toward the 119 clinical experience requirement. When a registered intern is 120 providing clinical services through telehealth, a licensed 121 mental health professional must be accessible by telephone or 122 other electronic meansA licensed mental health professional123must be on the premises when clinical services are provided by a124registered intern in a private practice setting. 125 (d)HasPassed a theory and practice examination designated 126 by board ruleprovided by the department. 127 (e)HasDemonstrated, in a manner designated by board rule, 128 knowledge of the laws and rules governing the practice of 129 clinical social work, marriage and family therapy, and mental 130 health counseling. 131 132 For the purposes of dual licensure, the department shall license 133 as a marriage and family therapist any person who meets the 134 requirements of s. 491.0057. Fees for dual licensure may not 135 exceed those stated in this subsection. 136 (4) MENTAL HEALTH COUNSELING.—Upon verification of 137 documentation and payment of a fee not to exceed $200, as set by 138 board rule, plus the actual per applicant cost of purchase of 139 the examination from the National Board for Certified Counselors 140 or its successor organization, the department shall issue a 141 license as a mental health counselor to an applicant who the 142 board certifies: 143 (c) Has had at least 2 years of clinical experience in 144 mental health counseling, which must be at the post-master’s 145 level under the supervision of a licensed mental health 146 counselor or the equivalent who is a qualified supervisor as 147 determined by the board. An individual who intends to practice 148 in Florida to satisfy the clinical experience requirements must 149 register pursuant to s. 491.0045 before commencing practice. If 150 a graduate has a master’s degree with a major related to the 151 practice of mental health counseling which did not include all 152 the coursework required under sub-subparagraphs (b)1.a. and b., 153 credit for the post-master’s level clinical experience may not 154 commence until the applicant has completed a minimum of seven of 155 the courses required under sub-subparagraphs (b)1.a. and b., as 156 determined by the board, one of which must be a course in 157 psychopathology or abnormal psychology. A doctoral internship 158 may be applied toward the clinical experience requirement.A159licensed mental health professional must be on the premises when160clinical services are provided by a registered intern in a161private practice setting.162 Section 2. Paragraph (a) of subsection (1) of section 163 916.115, Florida Statutes, is amended to read: 164 916.115 Appointment of experts.— 165 (1) The court shall appoint no more than three experts to 166 determine the mental condition of a defendant in a criminal 167 case, including competency to proceed, insanity, involuntary 168 placement, and treatment. The experts may evaluate the defendant 169 in jail or in another appropriate local facility or in a 170 facility of the Department of Corrections. 171 (a) To the extent possible, the appointed experts shall 172 have completed forensic evaluator training approved by the 173 department, and each shall be a psychiatrist or a physician 174 licensed under chapter 458 or chapter 459, alicensed175 psychologist licensed under chapter 490, or a mental health 176 professional licensed under chapter 491physician. 177 Section 3. This act shall take effect July 1, 2021.