SB 358 — Mental Health Professionals

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 As used in this compact, the term:

(2) “Adverse action” means any administrative, civil, or criminalPage action6 authorized by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice, such as revocation, suspension, probation, monitoring of the47 licensee,CODING: limitation on the licensee’s practice, issuance of a cease and desist action, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice.

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Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 criminal action authorized by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, issuance of a cease and desist action, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice.

(a) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, Pageif 7required ofby 60state CODING:law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction;

or (b) Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety, regardless of whether the licensed Page 7 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 ifprofessional requiredcounselor by state law, has reasonbeen tonotified believeand ishad notan groundlessopportunity and,to ifrespond. proved true, would indicate more than a minor infraction;

or (b) Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety, regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

Such impairment may include, but is not limited to, alcohol or drug dependence, mental health conditions, and neurological or Pagephysical 8conditions. of 60 CODING:

(13) “Investigative information” means information, records, or documents received or generated by a professional counseling licensing board pursuant to an investigation.

(14) “Jurisprudence requirement,” if required by a member state, means the assessment of an individual’s knowledge of the Page 8 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 physicallaws conditions.and rules governing the practice of professional counseling in a state.

(13) “Investigative information” means information, records, or documents received or generated by a professional counseling licensing board pursuant to an investigation.

(14) “Jurisprudence requirement,” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

(21) “Remote state” means a member state, other than the home state, where a licensee is exercising or seeking to Pageexercise 9the ofprivilege 60to CODING:practice.

(22) “Rule” means a regulation adopted by the commission which has the force of law.

(23) “Single state license” means a licensed professional counselor license issued by a member state which authorizes practice only within the issuing state and does not include a Page 9 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 exercise the privilege to practice.practice in any other member state.

(22) “Rule” means a regulation adopted by the commission which has the force of law.

(23) “Single state license” means a licensed professional counselor license issued by a member state which authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 1.

6.Page 10 of 47 CODING:

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Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 6.

These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal Pagerecords. 11 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 records.

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Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 2.

However, the single state license granted to these individuals may not be recognized as Pagegranting 12a ofprivilege 60to CODING:practice professional counseling under the compact in any other member state.

(5) Nothing in this compact affects the requirements established by a member state for the issuance of a single state license.

(6) A professional counselor license issued by a home state Page 12 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 grantingto a privilegeresident of that state must be recognized by each member state as authorizing that licensed professional counselor to practice professional counselingcounseling, under thea compactprivilege into anypractice, otherin each member state.

(5) Nothing in this compact affects the requirements established by a member state for the issuance of a single state license.

(6) A professional counselor license issued by a home state to a resident of that state must be recognized by each member state as authorizing that licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.

Page(h) 13Meet ofany 60jurisprudence CODING:requirements established by the remote state in which the licensee is seeking a privilege to practice.

(i) Report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within 30 days after the action is taken.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (h)(2) MeetThe anyprivilege jurisprudenceto requirementspractice establishedis byvalid until the remoteexpiration statedate inof which the licenseehome isstate seekinglicense. a privilege to practice.

(i) Report to the commission any adverse action, encumbrance, or restriction on a license taken by any nonmember state within 30 days after the action is taken.

(2) The privilege to practice is valid until the expiration date of the home state license.

(6) If a home state license is encumbered, a licensee loses the privilege to practice in any remote state until both of the Pagefollowing 14conditions ofare 60met: CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 following conditions are met:

(7) Once an encumbered license in the licensee’s home state isPage restored14 to good standing, the licensee may obtain a privilege to practice in any remote state if he or she meets the requirements of subsection47 (1).CODING:

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Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 is restored to good standing, the licensee may obtain a privilege to practice in any remote state if he or she meets the requirements of subsection (1).

(2) If a licensed professional counselor changes his or her primary state of residence by moving between two member states, then the licensed professional counselor must file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules Page 15 of 6047 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (2) If a licensed professional counselor changes his or her primary state of residence by moving between two member states, then the licensed professional counselor must file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the commission.

(5) Notwithstanding any other provision of the compact, if the licensed professional counselor does not meet the criteria in article IV, the new home state may apply its own requirements Pagefor 16issuing ofa 60new CODING:single state license.

(6) The licensed professional counselor must pay all applicable fees to the new home state in order to be issued a new home state license for purposes of the compact.

(7) If a licensed professional counselor changes his or her primary state of residence by moving from a member state to a Page 16 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 fornonmember issuingstate or from a nonmember state to a member state, the new state’s own criteria apply for issuance of a single state license.license in the new state.

(6) The licensed professional counselor must pay all applicable fees to the new home state in order to be issued a new home state license for purposes of the compact.

(7) If a licensed professional counselor changes his or her primary state of residence by moving from a member state to a nonmember state or from a nonmember state to a member state, the new state’s own criteria apply for issuance of a single state license in the new state.

ARTICLE VII COMPACT PRIVILEGE TO PRACTICE TELEHEALTH (1) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with article III and under rules adopted by the commission, to practice professional counseling in any member state through telehealth under a privilege to practice as provided in the Page 17 of 6047 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH (1) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with article III and under rules adopted by the commission, to practice professional counseling in any member state through telehealth under a privilege to practice as provided in the compact and rules adopted by the commission.

The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence is Pagelocated. 18 of 60 CODING:

(2) Only the home state has the power to take adverse action against a licensed professional counselor’s license issued by the home state.

(3) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct Page 18 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 located.received from a member state as it would if the conduct had occurred within the home state.

(2) Only the home state has the power to take adverse action against a licensed professional counselor’s license issued by the home state.

(3) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state.

(7)(a) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate Pagewith 19other ofmember 60states CODING:in joint investigations of licensees.

(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(8) If adverse action is taken by the home state against the license of a professional counselor, the licensed Page 19 of 47 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 withprofessional counselor’s privilege to practice in all other member states inmust jointbe investigationsdeactivated ofuntil licensees.all encumbrances have been removed from the home state license.

(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

(8) If adverse action is taken by the home state against the license of a professional counselor, the licensed professional counselor’s privilege to practice in all other member states must be deactivated until all encumbrances have been removed from the home state license.

Page(b) 20Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of 60competent CODING:jurisdiction where the principal office of the commission is located.

The commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (b)(c) VenueNothing isin proper, and judicial proceedings by or against the commissioncompact shallmay be broughtconstrued solelyto andbe exclusively in a courtwaiver of competentsovereign jurisdictionimmunity. where the principal office of the commission is located.

The commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings.

(c) Nothing in the compact may be construed to be a waiver of sovereign immunity.

The bylaws may provide for delegates’ participation in meetings by telephone or other means of Pagecommunication. 21 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 communication.

(b) All meetings must be open to the public, and public noticePage 21 of meetings47 mustCODING: be given in the same manner as required under the rulemaking provisions in article XI.

(c)Words Thestricken commissionare ordeletions; the executive committee of the commission may convene in a closed nonpublic meeting if the chair of the commission declares the specific reasons it is necessary to close the meeting or a portion thereof in a document that is a public record and held by the commission and announces at a public meeting that, in connection with the performance of the commission’s duties, it is necessary that the commission discuss:

words underlined are additions.

Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 notice of meetings must be given in the same manner as required under the rulemaking provisions in article XI.

(c) The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss any of the following:

PendingNoncompliance litigationof to which the commission is presently a partymember beforestate awith courtits orobligations administrativeunder agencythe incompact. accordance with s.

286.011(8).

NegotiationThe ofemployment, contractscompensation, underdiscipline, competitiveor solicitationother asmatters, providedpractices, inor s.procedures related to specific employees, or other matters related to the commission’s internal personnel practices and procedures.

286.0113(2).

DisclosureCurrent, ofthreatened, trade secrets or commercialreasonably oranticipated financiallitigation. information that is privileged or confidential.

RecordsNegotiation madeof exemptcontracts underfor thisthe section.purchase, lease, or sale of goods, services, or real estate.

MattersAccusing specificallyany exemptedperson fromof disclosurea bycrime federal or memberformally statecensuring law.any person.

(d)6. If a meeting, or portion of a meeting, is closed under this subsection, the commission’s legal counsel or designee must certify that the meeting may be closed and must reference each Page 22 of 60 CODING:

Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7.

Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy.

8.

Disclosure of investigative records compiled for law enforcement purposes.

9.

Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 relevant10. exempting provision.

Matters specifically exempted from disclosure by federal or member state law.

(d) If a meeting, or portion of a meeting, is closed under this subsection, the commission’s legal counsel or designee must certify that the meeting may be closed and must reference each relevant exempting provision.

(h)Page Borrow,23 accept, or contract for services of personnel,47 including,CODING: but not limited to, employees of a member state.

(i) Hire employees and elect or appoint officers;

fix compensation for, define duties of, and grant appropriate authority to such employees and officers to carry out the Page 23 of 60 CODING:

Florida Senate - 2022 CS for CSSB 358 588-01039-22 2022358c1 (h) Borrow, accept, or contract for SBservices 358of 576-03555-22personnel, 2022358c2including, purposesbut not limited to, employees of thea compact;member state.

(i) Hire employees and elect or appoint officers;

fix compensation for, define duties of, and grant appropriate authority to such employees and officers to carry out the purposes of the compact;

(p) Provide information to, receive information from, and cooperatePage with24 lawof enforcement47 agencies.CODING:

(q) Establish and elect an executive committee.

(r) Perform any other function that may be necessary or appropriate to achieve the purposes of the compact and is consistent with the state regulation of professional counseling Page 24 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 licensurecooperate andwith practice.law enforcement agencies.

(q) Establish and elect an executive committee.

(r) Perform any other function that may be necessary or appropriate to achieve the purposes of the compact and is consistent with the state regulation of professional counseling licensure and practice.

Monitor compact compliance of member states and provide compliancePage reports25 toof the47 commission.CODING:

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Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 compliance reports to the commission.

(6) FINANCING OF THE COMMISSION.— Page(a) 25The commission shall pay, or provide for the payment of, the reasonable expenses of 60its CODING:establishment, organization, and ongoing activities.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 (a) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

However, all receipts and disbursements of funds handled by the commission must be auditedPage annually26 by a certified or licensed public accountant, and the report of the47 auditCODING: must be included in and become part of the annual report of the commission.

(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.— (a) The members, officers, executive director, employees, Page 26 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 andaudited representativesannually ofby thea commissioncertified areor immunelicensed frompublic suitaccountant, and liability,the eitherreport personally or in their official capacity, for any claim for damage to or loss of propertythe oraudit personalmust injurybe orincluded otherin civiland liabilitybecome causedpart by or arising out of any actual or alleged act, error, or omission that occurred, or that the personannual againstreport whomof the claimcommission. is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities.

(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.— (a) The members, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities.

(c) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, Page 27 of 6047 CODING:

Florida Senate - 2022 CS for CSSB 358 588-01039-22 2022358c1 of the commission for SBthe 358amount 576-03555-22of 2022358c2any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(f)Page Current28 significantof investigative47 information.CODING:

(g) Other information that may facilitate the administration of the compact, as determined by the rules of the commission.

(3) Investigative information pertaining to a licensee in Page 28 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 any(f) memberCurrent statesignificant mayinvestigative beinformation. made available only to other member states.

(g) Other information that may facilitate the administration of the compact, as determined by the rules of the commission.

(3) Investigative information pertaining to a licensee in any member state may be made available only to other member states.

(2) The commission shall exercise its rulemaking powers pursuantPage to29 theof criteria47 setCODING: forth in this article and the rules adopted thereunder.

Rules and amendments become binding as of the date specified in each rule or amendment.

(3) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the Page 29 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 samepursuant manner used to adopt the compactcriteria withinset 4forth yearsin afterthis thearticle dateand of adoption of the rule,rules suchadopted rulethereunder. does not have further force and effect in any member state.

Rules and amendments become binding as of the date specified in each rule or amendment.

(3) If a majority of the legislatures of the member states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years after the date of adoption of the rule, such rule does not have further force and effect in any member state.

and (d) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearingPage and30 anyof written47 comments.CODING:

(7) Before adoption of a proposed rule, the commission must allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.

(8) The commission shall grant an opportunity for a public Page 30 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 hearing beforeand itany adoptswritten acomments. rule or an amendment if a hearing is requested by:

(7) Before adoption of a proposed rule, the commission must allow persons to submit written data, facts, opinions, and arguments, which must be made available to the public.

(8) The commission shall grant an opportunity for a public hearing before it adopts a rule or an amendment if a hearing is requested by:

Rules may be grouped at hearings required byPage this31 section for the convenience of the47 commission.CODING:

(10) If the commission does not receive a written notice of intent to attend the public hearing by interested parties, the commission may proceed with adoption of the proposed rule without a public hearing.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (11)by Followingthis thesection scheduledfor hearing date, or by the closeconvenience of business on the scheduledcommission. hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

(10) If the commission does not receive a written notice of intent to attend the public hearing by interested parties, the commission may proceed with adoption of the proposed rule without a public hearing.

(11) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

(14) The commission or an authorized committee of the commissionPage may32 direct revisions to a previously adopted rule or amendment for purposes of correcting47 typographicalCODING: errors, errors in format, errors in consistency, or grammatical errors.

Public notice of any revision must be posted on the website of the commission.

Revisions are subject to challenge by any person Page 32 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 forcommission may direct revisions to a periodpreviously adopted rule or amendment for purposes of 30correcting daystypographical aftererrors, posting.errors in format, errors in consistency, or grammatical errors.

Public notice of any revision must be posted on the website of the commission.

Revisions are subject to challenge by any person for a period of 30 days after posting.

(c) The commission is entitled to receive service of processPage in33 anyof judicial47 orCODING: administrative proceeding specified in paragraph (b) and has standing to intervene in such a proceeding for all purposes.

Failure to provide service of process to the commission renders a judgment or an order void as to the commission, the compact, or adopted rules.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (2)process DEFAULT,in TECHNICALany ASSISTANCE,judicial ANDor TERMINATION.—administrative (a)proceeding Ifspecified thein commissionparagraph determines(b) thatand ahas memberstanding stateto hasintervene defaulted in thesuch performancea ofproceeding itsfor obligationsall orpurposes. responsibilities under the compact or adopted rules, the commission must:

Failure to provide service of process to the commission renders a judgment or an order void as to the commission, the compact, or adopted rules.

(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.— (a) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact or adopted rules, the commission must:

(d)Page A34 member state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination,47 includingCODING: obligations that extend beyond the effective date of termination.

(e) The commission may not bear any costs related to a Page 34 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (d) A member state that ishas foundbeen toterminated beis inresponsible defaultfor orall thatassessments, hasobligations, beenand terminatedliabilities fromincurred through the compact,effective unlessdate agreedof upontermination, inincluding writingobligations betweenthat theextend commissionbeyond and the defaultingeffective memberdate state.of termination.

(e) The commission may not bear any costs related to a member state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting member state.

(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliancePage with35 theof compact47 andCODING: its adopted rules and bylaws.

The relief sought may include both injunctive relief and damages.

If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney fees.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (c)compliance Thewith remediesthe undercompact thisand articleits areadopted notrules theand exclusivebylaws. remedies to the commission.

The relief sought may include both injunctive relief and damages.

If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney fees.

(c) The remedies under this article are not the exclusive remedies to the commission.

(b)Page Withdrawal36 does not affect the continuing requirement of the47 withdrawingCODING: state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of the compact before the effective date of withdrawal.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (4)(b) TheWithdrawal compactdoes may not beaffect construedthe tocontinuing invalidaterequirement orof preventthe anywithdrawing state’s professional counseling licensurelicensing agreementboard orto othercomply cooperativewith arrangementthe betweeninvestigative aand memberadverse stateaction andreporting arequirements nonmemberof statethe whichcompact doesbefore notthe conflicteffective withdate theof compact.withdrawal.

(4) The compact may not be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state which does not conflict with the compact.

(6)Page If37 any provision of the47 compactCODING: exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 ARTICLE(6) XVIf CONSTRUCTIONany ANDprovision SEVERABILITYof Thethe compact mustexceeds bethe liberallyconstitutional construedlimits soimposed ason the legislature of any member state, the provision shall be ineffective to effectuatethe extent of the purposesconflict thereof.with the constitutional provision in question in that member state.

ARTICLE XV CONSTRUCTION AND SEVERABILITY The compact must be liberally construed so as to effectuate the purposes thereof.

119.07(1) until 10 days after probable cause has been foundPage to38 exist by the probable cause panel or by the department, or until the regulated professional or subject of the47 investigationCODING: waives his or her privilege of confidentiality, whichever occurs first.

The department shall report any significant investigation information relating to a nurse Page 38 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 holdingfound ato multistateexist licenseby tothe probable cause panel or by the coordinateddepartment, licensureor informationuntil systemthe pursuantregulated toprofessional s.or subject of the investigation waives his or her privilege of confidentiality, whichever occurs first.

The department shall report any significant investigation information relating to a nurse holding a multistate license to the coordinated licensure information system pursuant to s.

491.017491.017. instead of this subsection.

Subsection (5) of section 456.076, Florida Statutes,Page is39 amendedof to47 read:CODING:

456.076 Impaired practitioner programs.— (5) A consultant shall enter into a participant contract with an impaired practitioner and shall establish the terms of Page 39 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 monitoringStatutes, andis shallamended includeto theread: terms in a participant contract.

456.076 Impaired practitioner programs.— (5) A consultant shall enter into a participant contract with an impaired practitioner and shall establish the terms of monitoring and shall include the terms in a participant contract.

491.017, the terms of the monitoring contract must include the impaired practitioner’s withdrawal from all practice under the compactcompact. in this state.

Effective July 1, 2022, subsections (14), (15), and (16) of section 491.003, Florida Statutes, are amended to read:

491.003 Definitions.—As used in this chapter:

(14) “Registered associate clinical social worker intern” means a person registered under this chapter who is completing the postgraduate clinical social work experience requirement specified in s.

491.005(1)(c).

(15) “Registered associate marriage and family therapist intern” means a person registered under this chapter who is completing the post-master’s clinical experience requirement specified in s.

491.005(3)(c).

(16) “Registered associate mental health counselor intern” means a person registered under this chapter who is completing the post-master’s clinical experience requirement specified in s.

491.005(4)(c).

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 Section 5.

Section 6.5.

Effective upon this act becoming a law, subsection (6) of section 491.0045, Florida Statutes, is amended to read:

491.0045 Intern registration;

requirements.— (6) A registration issued on or before March 31, 2017, expires March 31, 2022, and may not be renewed or reissued.

Any registration issued after March 31, 2017, 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).

Section 7.

491.005 Licensure by examination.— (6) EXEMPTION.—A person licensed as a mentalclinical healthsocial counselorworker, inmarriage anotherand statefamily whotherapist, isor practicingmental underhealth thePage Professional40 Counselorsof Licensure47 CompactCODING: pursuant to s.

491.017, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

Section 8.

Subsection (3) is added to section 491.006, Florida Statutes, to read:

Page 41 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 491.006 Licensure or certification by endorsement.— (3) A person licensed as a mental health counselor in another state who is practicing under the Professional Counselors Licensure Compact pursuant to s.

Section 9.6.

Subsection (3) is added to section 491.006, Florida Statutes, to read:

491.006 Licensure or certification by endorsement.— (3) A person licensed as a clinical social worker, marriage and family therapist, or mental health counselor in another state who is practicing under the Professional Counselors Licensure Compact pursuant to s.

491.017, and only within the scope provided therein, is exempt from the licensure requirements of this section, as applicable.

Section 7.

(c) Being convicted or found guilty of, regardless of adjudication, or having entered a plea of nolo contendere to, a crimePage in41 any jurisdiction which directly relates to the practice of his47 orCODING: her profession or the ability to practice his or her profession.

However, in the case of a plea of nolo contendere, the board shall allow the person who is the subject of the disciplinary proceeding to present evidence in mitigation relevant to the underlying charges and circumstances surrounding the plea.

Page 42 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 (d)crime False,in deceptive,any orjurisdiction misleadingwhich advertisingdirectly orrelates obtainingto athe feepractice orof otherhis thingor ofher valueprofession onor the representationability thatto beneficialpractice resultshis fromor anyher treatmentprofession. will be guaranteed.

However, in the case of a plea of nolo contendere, the board shall allow the person who is the subject of the disciplinary proceeding to present evidence in mitigation relevant to the underlying charges and circumstances surrounding the plea.

(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.

or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report orPage record.42 of 47 CODING:

Such report or record includes only a report or record which requires the signature of a person licensed, registered, or certified under this chapter.

(j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to another provider of mental health care services or to Page 43 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 a provider of health care services or goods;record.

Such report or record includes only a report or record which requires the signature of a person licensed, registered, or certified under this chapter.

(j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to another provider of mental health care services or to a provider of health care services or goods;

(o) Failing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make availablePage any43 relevantof records47 withCODING: respect to any investigation about the licensee’s, registered intern’s, or certificateholder’s conduct or background.

(p) Being unable to practice the profession for which he or she is licensed, registered, or certified under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness;

drunkenness;

or Page 44 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 excessiveavailable useany ofrelevant drugs,records narcotics,with chemicals,respect orto any otherinvestigation substance.about the licensee’s, registered intern’s, or certificateholder’s conduct or background.

(p) Being unable to practice the profession for which he or she is licensed, registered, or certified under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness;

drunkenness;

or excessive use of drugs, narcotics, chemicals, or any other substance.

A licensee, registered intern, or certificateholder affected under thisPage paragraph44 shallof at47 reasonableCODING: intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice for which he or she is licensed, registered, or certified with reasonable skill and safety to patients.

(q) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community, would constitute experimentation Page 45 of 60 CODING:

Florida Senate - 2022 CS for CSSB 358 588-01039-22 2022358c1 this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice for SBwhich 358he 576-03555-22or 2022358c2she onis humanlicensed, subjects,registered, withoutor firstcertified obtainingwith full,reasonable informed,skill and writtensafety consent.to patients.

(q) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

(w) Violating any provision of this chapter or chapter 456, orPage any45 rulesof adopted47 pursuantCODING: thereto.

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words underlined are additions.

Florida Senate - 2022 CS for SB 358 588-01039-22 2022358c1 or any rules adopted pursuant thereto.

(b) The board may take adverse action against a clinical social worker’s, a marriage and family therapist’s, or a mental Pagehealth 46counselor’s ofprivilege 60to CODING:practice under the Professional Counselors Licensure Compact pursuant to s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 health counselor’s privilege to practice under the Professional Counselors Licensure Compact pursuant to s.

456.072(2) if the clinical social worker, marriage and family therapist, or mental health counselor commits an act specified in subsection (1) or s.

Section 10.8.

The commission shall pay any claims or judgments pursuant toPage this46 sectionof and47 mayCODING: maintain insurance coverage to pay any such claims or judgments.

Section 11.

The Department of Health shall notify the Division of Law Revision upon enactment of the Professional Counselors Licensure Compact into law by 10 states.

Section 12.

Effective July 1, 2022, section 491.0045, Florida Statutes, as amended by this act, is amended to read:

491.0045 Associate Intern registration;

requirements.— (1) An individual who has not satisfied the postgraduate or Page 47 of 60 CODING:

Florida Senate - 2022 CS for CS for SB 358 576-03555-22588-01039-22 2022358c22022358c1 post-master’sto levelthis experiencesection requirements,and asmay specifiedmaintain ininsurance s.coverage to pay any such claims or judgments.

491.005(1)(c),Section (3)(c),9. or (4)(c), must register as an associate intern in the profession for which he or she is seeking licensure before commencing the post-master’s experience requirement or an individual who intends to satisfy part of the required graduate-level practicum, associateship internship, or field experience, outside the academic arena for any profession, and must register as an associate intern in the profession for which he or she is seeking licensure before commencing the practicum, associateship internship, or field experience.

(2) The departmentDepartment shallof registerHealth asshall annotify associatethe aDivision clinicalof socialLaw workerRevision intern,upon associateenactment marriageof andthe familyProfessional therapistCounselors intern,Licensure orCompact associateinto mentallaw healthby counselor10 internstates. each applicant who the board certifies has:

(a)Section Completed10. the application form and remitted a nonrefundable application fee not to exceed $200, as set by board rule;

(b)1.This act shall take effect upon enactment of the Professional Counselors Licensure Compact into law by 10 states.

CompletedPage the47 educationof requirements47 asCODING: 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, associateship 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 registered under this section must remain under supervision while practicing under registered associate intern status.

(4) An individual who fails to comply with this section may Page 48 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 not be granted a 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 registering as an associate intern does not count toward completion of the requirement.

(5) An associate 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 registration issued after March 31, 2017, 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.

(7) An individual who has held a provisional license issued by the board may not apply for an associate intern registration in the same profession.

Section 13.

Effective July 1, 2022, paragraph (c) of subsection (1), paragraph (c) of subsection (3), and paragraphs (b) and (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, plus the actual per applicant cost to the department for purchase of the examination from the American Association of State Social Worker’s Boards or a similar national organization, the department shall issue a license as a clinical social worker to an applicant who the board certifies:

(c) Has had at least 2 years of clinical social work experience, which took place subsequent to completion of a Page 49 of 60 CODING:

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words underlined are additions.

Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 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 associateship 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 associate 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, plus the actual cost of the purchase of the examination from the Association of Marital and Family Therapy Regulatory Board, or similar national organization, the department shall issue a license as a marriage and family therapist to an applicant who the board certifies:

(c) Has had 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 Page 50 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 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 closely related field which did not include all of the coursework required by paragraph (b), credit for the post-master’s level clinical experience may not commence until the applicant has completed a minimum of 10 of the courses required by paragraph (b), as determined by the board, and at least 6 semester hours or 9 quarter hours of the course credits must have been completed in the area of marriage and family systems, theories, or techniques.

Within the 2 years of required experience, the applicant shall provide direct individual, group, or family therapy and counseling to cases including those involving unmarried dyads, married couples, separating and divorcing couples, and family groups that include children.

A doctoral associateship internship may be applied toward the clinical experience requirement.

A licensed mental health professional must be on the premises when clinical services are provided by a registered associate intern in a private practice setting.

For the purposes of dual licensure, the department shall license as a marriage and family therapist any person who meets the requirements of s.

491.0057.

Fees for dual licensure may not exceed those stated in this subsection.

(4) MENTAL HEALTH COUNSELING.—Upon verification of documentation and payment of a fee not to exceed $200, as set by Page 51 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 board rule, plus the actual per applicant cost of purchase of the examination from the National Board for Certified Counselors or its successor organization, the department shall issue a license as a mental health counselor to an applicant who the board certifies:

(b)1.

Has a minimum of an earned master’s degree from a mental health counseling program accredited by the Council for the Accreditation of Counseling and Related Educational Programs which consists of at least 60 semester hours or 80 quarter hours of clinical and didactic instruction, including a course in human sexuality and a course in substance abuse.

If the master’s degree is earned from a program related to the practice of mental health counseling which is not accredited by the Council for the Accreditation of Counseling and Related Educational Programs, then the coursework and practicum, associateship internship, or fieldwork must consist of at least 60 semester hours or 80 quarter hours and meet all of the following requirements:

a.

Thirty-three semester hours or 44 quarter hours of graduate coursework, which must include a minimum of 3 semester hours or 4 quarter hours of graduate-level coursework in each of the following 11 content areas:

counseling theories and practice;

human growth and development;

diagnosis and treatment of psychopathology;

human sexuality;

group theories and practice;

individual evaluation and assessment;

career and lifestyle assessment;

research and program evaluation;

social and cultural foundations;

substance abuse;

and legal, ethical, and professional standards issues in the practice of mental health counseling.

Courses in research, thesis or dissertation Page 52 of 60 CODING:

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words underlined are additions.

Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 work, practicums, associateships internships, or fieldwork may not be applied toward this requirement.

b.

A minimum of 3 semester hours or 4 quarter hours of graduate-level coursework addressing diagnostic processes, including differential diagnosis and the use of the current diagnostic tools, such as the current edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders.

The graduate program must have emphasized the common core curricular experience.

c.

The equivalent, as determined by the board, of at least 700 hours of university-sponsored supervised clinical practicum, associateship internship, or field experience that includes at least 280 hours of direct client services, as required in the accrediting standards of the Council for Accreditation of Counseling and Related Educational Programs for mental health counseling programs.

This experience may not be used to satisfy the post-master’s clinical experience requirement.

2.

Has provided additional documentation if a course title that appears on the applicant’s transcript does not clearly identify the content of the coursework.

The documentation must include, but is not limited to, a syllabus or catalog description published for the course.

Education and training in mental health counseling must have been received in an institution of higher education that, at the time the applicant graduated, was fully accredited by a regional accrediting body recognized by the Council for Higher Education Accreditation or its successor organization or publicly recognized as a member in good standing with the Association of Page 53 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 Universities and Colleges of Canada, or an institution of higher education located outside the United States and Canada which, at the time the applicant was enrolled and at the time the applicant graduated, maintained a standard of training substantially equivalent to the standards of training of those institutions in the United States which are accredited by a regional accrediting body recognized by the Council for Higher Education Accreditation or its successor organization.

Such foreign education and training must have been received in an institution or program of higher education officially recognized by the government of the country in which it is located as an institution or program to train students to practice as mental health counselors.

The applicant has the burden of establishing that the requirements of this provision have been met, and the board shall require documentation, such as an evaluation by a foreign equivalency determination service, as evidence that the applicant’s graduate degree program and education were equivalent to an accredited program in this country.

Beginning July 1, 2025, an applicant must have a master’s degree from a program that is accredited by the Council for Accreditation of Counseling and Related Educational Programs which consists of at least 60 semester hours or 80 quarter hours to apply for licensure under this paragraph.

(c) Has had at least 2 years of clinical experience in mental health counseling, which must be at the post-master’s level under the supervision of a licensed mental health counselor 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 Page 54 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 register pursuant to s.

491.0045 before commencing practice.

If a graduate has a master’s degree with a major related to the practice of mental health counseling which did not include all the coursework required under sub-subparagraphs (b)1.a.

and b., credit for the post-master’s level clinical experience may not commence until the applicant has completed a minimum of seven of the courses required under sub-subparagraphs (b)1.a.

and b., as determined by the board, one of which must be a course in psychopathology or abnormal psychology.

A doctoral associateship internship may be applied toward the clinical experience requirement.

A licensed mental health professional must be on the premises when clinical services are provided by a registered associate intern in a private practice setting.

Section 14.

Effective July 1, 2022, paragraphs (f), (n), (o), (p), (r), (s), and (u) of subsection (1) of section 491.009, Florida Statutes, are amended to read:

491.009 Discipline.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s.

456.072(2):

(f) Maintaining a professional association with any person who the applicant, licensee, registered associate intern, or certificateholder knows, or has reason to believe, is in violation of this chapter or of a rule of the department or the board.

(n) Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee, registered associate intern, or certificateholder which have been prepared for and paid for by the patient or client.

Page 55 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 (o) Failing to respond within 30 days to a written communication from the department or the board concerning any investigation by the department or the board, or failing to make available any relevant records with respect to any investigation about the licensee’s, registered associate’s intern’s, or certificateholder’s conduct or background.

(p) Being unable to practice the profession for which he or she is licensed, registered, or certified under this chapter with reasonable skill or competence as a result of any mental or physical condition or by reason of illness;

drunkenness;

or excessive use of drugs, narcotics, chemicals, or any other substance.

In enforcing this paragraph, upon a finding by the State Surgeon General, the State Surgeon General’s designee, or the board that probable cause exists to believe that the licensee, registered associate intern, or certificateholder is unable to practice the profession because of the reasons stated in this paragraph, the department shall have the authority to compel a licensee, registered associate intern, or certificateholder to submit to a mental or physical examination by psychologists, physicians, or other licensees under this chapter, designated by the department or board.

If the licensee, registered associate intern, or certificateholder refuses to comply with such order, the department’s order directing the examination may be enforced by filing a petition for enforcement in the circuit court in the circuit in which the licensee, registered associate intern, or certificateholder resides or does business.

The licensee, registered associate intern, or certificateholder against whom the petition is filed may shall not be named or identified by initials in any public court Page 56 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 records or documents, and the proceedings must shall be closed to the public.

The department is shall be entitled to the summary procedure provided in s.

51.011.

A licensee, registered associate intern, or certificateholder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice for which he or she is licensed, registered, or certified with reasonable skill and safety to patients.

(r) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee, registered associate intern, or certificateholder is not qualified by training or experience.

(s) Delegating professional responsibilities to a person whom the licensee, registered associate intern, or certificateholder knows or has reason to know is not qualified by training or experience to perform such responsibilities.

(u) Failure of the licensee, registered associate intern, or certificateholder to maintain in confidence a communication made by a patient or client in the context of such services, except as provided in s.

491.0147.

Section 15.

Effective July 1, 2022, paragraphs (i), (j), (k), and (l) of subsection (1) of section 491.012, Florida Statutes, are amended to read:

491.012 Violations;

penalty;

injunction.— (1) It is unlawful and a violation of this chapter for any person to:

(i) Practice clinical social work in this state for compensation, unless the person holds a valid, active license to Page 57 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 practice clinical social work issued pursuant to this chapter or is an associate intern registered pursuant to s.

491.0045.

(j) Practice marriage and family therapy in this state for compensation, unless the person holds a valid, active license to practice marriage and family therapy issued pursuant to this chapter or is an associate intern registered pursuant to s.

491.0045.

(k) Practice mental health counseling in this state for compensation, unless the person holds a valid, active license to practice mental health counseling issued pursuant to this chapter or is an associate intern registered pursuant to s.

491.0045.

(l) Use the following titles or any combination thereof, unless he or she holds a valid registration as an associate intern issued pursuant to this chapter:

1.

“Registered associate clinical social worker intern.” 2.

“Registered associate marriage and family therapist intern.” 3.

“Registered associate mental health counselor intern.” Section 16.

Effective July 1, 2022, paragraph (c) of subsection (4) of section 491.014, Florida Statutes, is amended to read:

491.014 Exemptions.— (4) No person shall be required to be licensed, provisionally licensed, registered, or certified under this chapter who:

(c) Is a student providing services regulated under this chapter who is pursuing a course of study which leads to a degree in a profession regulated by this chapter, is providing Page 58 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 services in a training setting, provided such services and associated activities constitute part of a supervised course of study, and is designated by the title “student associate intern.” Section 17.

Effective July 1, 2022, subsection (3) of section 491.0145, Florida Statutes, is amended to read:

491.0145 Certified master social worker.—The department may certify an applicant for a designation as a certified master social worker upon the following conditions:

(3) The applicant has had at least 3 years’ experience, as defined by rule, including, but not limited to, clinical services or administrative activities as defined in subsection (2), 2 years of which must be at the post-master’s level under the supervision of a person who meets the education and experience requirements for certification as a certified master social worker, as defined by rule, or licensure as a clinical social worker under this chapter.

A doctoral associateship internship may be applied toward the supervision requirement.

Section 18.

Effective July 1, 2022, subsection (2) of section 491.0149, Florida Statutes, is amended to read:

491.0149 Display of license;

use of professional title on promotional materials.— (2)(a) A person registered under this chapter as an associate a clinical social worker intern, associate marriage and family therapist intern, or associate mental health counselor intern shall conspicuously display the valid registration issued by the department or a true copy thereof at each location at which the registered associate intern is completing the experience requirements.

Page 59 of 60 CODING:

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Florida Senate - 2022 CS for CS for SB 358 576-03555-22 2022358c2 (b) A registered associate clinical social worker intern shall include the words “registered associate clinical social worker intern,” a registered associate marriage and family therapist intern shall include the words “registered associate marriage and family therapist intern,” and a registered associate mental health counselor intern shall include the words “registered associate mental health counselor intern” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the registered associate intern.

Section 19.

Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect upon enactment of the Professional Counselors Licensure Compact into law by 10 states.

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