PCS for HB 1565 (2021) — An act relating to the Department of Health
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- 2021 3093 Professions Public Health Subcommittee Proposed Committee Bills Pcbs Fn Pcs For
Summary
A Florida House of Representatives proposed committee substitute, PCS for HB 1565 (2021), an act relating to the Department of Health, printed in 41 pages with strike-and-underline coding. The bill amends s. 381.0045, F.S., on the department's targeted outreach program for high-risk pregnant women, including women who have HIV. It revises chiropractic physician licensing under s. 460.406, F.S., grounds for nurse discipline under s. 464.018, F.S., and midwifery definitions and approved midwifery program standards under ss. 467.003 and 467.009, F.S. Its title also lists changes to orthotist and prosthetist, clinical laboratory director, psychologist and clinical social worker, marriage and family therapist and mental health counselor licensing. The final section provides that the act takes effect July 1, 2021.
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“PCS for HB 1565 (2021) — An act relating to the Department of Health.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3093-professions-public-health-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1565/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1565 2021
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.0045, F.S.; revising the purpose of the
4 department's targeted outreach program for certain
5 pregnant women; requiring the department to encourage
6 high-risk pregnant women of unknown status to be
7 tested for sexually transmissible diseases; requiring
8 the department to provide specified information to
9 pregnant women who have human immunodeficiency virus
10 (HIV); requiring the department to link women with
11 mental health services when available; requiring the
12 department to educate pregnant women who have HIV on
13 certain information; requiring the department to
14 provide, for a specified purpose, continued oversight
15 of newborns exposed to HIV; amending s. 460.406, F.S.;
16 revising provisions related to chiropractic physician
17 licensing; amending s. 464.018, F.S.; revising grounds
18 for disciplinary action against licensed nurses;
19 amending s. 467.003, F.S.; revising and defining
20 terms; amending s. 467.009, F.S.; revising provisions
21 related to approved midwifery programs; amending s.
22 467.011, F.S.; revising provisions relating to
23 licensure of midwives; amending s. 467.0125, F.S.;
24 revising provisions relating to licensure by
25 endorsement of midwives; revising requirements for
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26 temporary certificates to practice midwifery in this
27 state; amending s. 467.205, F.S.; revising provisions
28 relating to approval, continued monitoring,
29 probationary status, provisional approval, and
30 approval rescission of midwifery programs; amending s.
31 468.803, F.S.; revising provisions related to
32 orthotist and prosthetist registration, examination,
33 and licensing; amending 483.824, F.S.; revising
34 educational requirements for clinical laboratory
35 directors; amending s. 490.003, F.S.; defining the
36 terms "doctoral degree from an American Psychological
37 Association accredited program" and "doctoral degree
38 in psychology"; amending ss. 490.005 and 490.0051,
39 F.S.; revising education requirements for psychologist
40 licensing and provisional licensing, respectively;
41 amending s. 491.005, F.S.; revising licensing
42 requirements for clinical social workers, marriage and
43 family therapists, and mental health counselors;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsections (2) and (3) of section 381.0045,
49 Florida Statutes, are amended to read:
50 381.0045 Targeted outreach for pregnant women.—
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51 (2) It is the purpose of this section to establish a
52 targeted outreach program for high-risk pregnant women who may
53 not seek proper prenatal care, who suffer from substance abuse
54 or mental health problems, or who have are infected with human
55 immunodeficiency virus (HIV), and to provide these women with
56 links to much needed services and information.
57 (3) The department shall:
58 (a) Conduct outreach programs through contracts with,
59 grants to, or other working relationships with persons or
60 entities where the target population is likely to be found.
61 (b) Provide outreach that is peer-based, culturally
62 sensitive, and performed in a nonjudgmental manner.
63 (c) Encourage high-risk pregnant women of unknown status
64 to be tested for HIV and other sexually transmissible diseases
65 as specified by department rule.
66 (d) Educate women not receiving prenatal care as to the
67 benefits of such care.
68 (e) Provide HIV-infected pregnant women who have HIV with
69 information on the need for antiretroviral medication for their
70 newborn, their medication options, and how they can access the
71 medication after their discharge from the hospital so they can
72 make an informed decision about the use of Zidovudine (AZT).
73 (f) Link women with substance abuse treatment and mental
74 health services, when available, and act as a liaison with
75 Healthy Start coalitions, children's medical services, Ryan
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76 White-funded providers, and other services of the Department of
77 Health.
78 (g) Educate pregnant women who have HIV on the importance
79 of engaging in and continuing HIV care.
80 (h) Provide continued oversight of to HIV-exposed newborns
81 exposed to HIV to determine the newborn's final HIV status and
82 ensure continued linkage to care if the newborn is diagnosed
83 with HIV.
84 Section 2. Subsection (1) of section 460.406, Florida
85 Statutes, is amended to read:
86 460.406 Licensure by examination.—
87 (1) Any person desiring to be licensed as a chiropractic
88 physician must apply to the department to take the licensure
89 examination. There shall be an application fee set by the board
90 not to exceed $100 which shall be nonrefundable. There shall
91 also be an examination fee not to exceed $500 plus the actual
92 per applicant cost to the department for purchase of portions of
93 the examination from the National Board of Chiropractic
94 Examiners or a similar national organization, which may be
95 refundable if the applicant is found ineligible to take the
96 examination. The department shall examine each applicant who the
97 board certifies has met all of the following criteria:
98 (a) Completed the application form and remitted the
99 appropriate fee.
100 (b) Submitted proof satisfactory to the department that he
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101 or she is not less than 18 years of age.
102 (c) Submitted proof satisfactory to the department that he
103 or she is a graduate of a chiropractic college which is
104 accredited by or has status with the Council on Chiropractic
105 Education or its predecessor agency. However, any applicant who
106 is a graduate of a chiropractic college that was initially
107 accredited by the Council on Chiropractic Education in 1995, who
108 graduated from such college within the 4 years immediately
109 preceding such accreditation, and who is otherwise qualified is
110 shall be eligible to take the examination. An No application for
111 a license to practice chiropractic medicine may not shall be
112 denied solely because the applicant is a graduate of a
113 chiropractic college that subscribes to one philosophy of
114 chiropractic medicine as distinguished from another.
115 (d)1. For an applicant who has matriculated in a
116 chiropractic college before prior to July 2, 1990, completed at
117 least 2 years of residence college work, consisting of a minimum
118 of one-half the work acceptable for a bachelor's degree granted
119 on the basis of a 4-year period of study, in a college or
120 university accredited by an institutional accrediting agency
121 recognized and approved by the United States Department of
122 Education. However, before prior to being certified by the board
123 to sit for the examination, each applicant who has matriculated
124 in a chiropractic college after July 1, 1990, must shall have
125 been granted a bachelor's degree, based upon 4 academic years of
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126 study, by a college or university accredited by an institutional
127 a regional accrediting agency which is a member of the
128 Commission on Recognition of Postsecondary Accreditation.
129 2. Effective July 1, 2000, completed, before prior to
130 matriculation in a chiropractic college, at least 3 years of
131 residence college work, consisting of a minimum of 90 semester
132 hours leading to a bachelor's degree in a liberal arts college
133 or university accredited by an institutional accrediting agency
134 recognized and approved by the United States Department of
135 Education. However, before prior to being certified by the board
136 to sit for the examination, each applicant who has matriculated
137 in a chiropractic college after July 1, 2000, must shall have
138 been granted a bachelor's degree from an institution holding
139 accreditation for that degree from an institutional a regional
140 accrediting agency which is recognized by the United States
141 Department of Education. The applicant's chiropractic degree
142 must consist of credits earned in the chiropractic program and
143 may not include academic credit for courses from the bachelor's
144 degree.
145 (e) Successfully completed the National Board of
146 Chiropractic Examiners certification examination in parts I, II,
147 III, and IV, and the physiotherapy examination of the National
148 Board of Chiropractic Examiners, with a score approved by the
149 board.
150 (f) Submitted to the department a set of fingerprints on a
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151 form and under procedures specified by the department, along
152 with payment in an amount equal to the costs incurred by the
153 Department of Health for the criminal background check of the
154 applicant.
155
156 The board may require an applicant who graduated from an
157 institution accredited by the Council on Chiropractic Education
158 more than 10 years before the date of application to the board
159 to take the National Board of Chiropractic Examiners Special
160 Purposes Examination for Chiropractic, or its equivalent, as
161 determined by the board. The board shall establish by rule a
162 passing score.
163 Section 3. Paragraph (e) of subsection (1) of section
164 464.018, Florida Statutes, is amended to read:
165 464.018 Disciplinary actions.—
166 (1) The following acts constitute grounds for denial of a
167 license or disciplinary action, as specified in ss. 456.072(2)
168 and 464.0095:
169 (e) Having been found guilty of, regardless of
170 adjudication, or entered a plea of nolo contendere or guilty to,
171 regardless of adjudication, any offense prohibited under s.
172 435.04 or similar statute of another jurisdiction; or having
173 committed an act which constitutes domestic violence as defined
174 in s. 741.28.
175 Section 4. Present subsections (13) and (14) of section
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176 467.003, Florida Statutes, are redesignated as subsections (14)
177 and (15), respectively, a new subsection (13) is added to that
178 section, and subsections (1) and (12) of that section are
179 amended, to read:
180 467.003 Definitions.—As used in this chapter, unless the
181 context otherwise requires:
182 (1) "Approved midwifery program" means a midwifery school
183 or a midwifery training program that which is approved by the
184 department pursuant to s. 467.205.
185 (12) "Preceptor" means a physician licensed under chapter
186 458 or chapter 459, a licensed midwife licensed under this
187 chapter, or a certified nurse midwife licensed under chapter
188 464, who has a minimum of 3 years' professional experience, and
189 who directs, teaches, supervises, and evaluates the learning
190 experiences of a the student midwife as part of an approved
191 midwifery program.
192 (13) "Prelicensure course" means a course of study,
193 offered by an approved midwifery program and approved by the
194 department, which an applicant for licensure must complete
195 before a license may be issued and which provides instruction in
196 the laws and rules of this state and demonstrates the student's
197 competency to practice midwifery under this chapter.
198 Section 5. Section 467.009, Florida Statutes, is amended
199 to read:
200 467.009 Approved midwifery programs; education and
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201 training requirements.—
202 (1) The department shall adopt standards for approved
203 midwifery programs which must include, but need not be limited
204 to, standards for all of the following:
205 (a) . The standards shall encompass Clinical and classroom
206 instruction in all aspects of prenatal, intrapartal, and
207 postpartal care, including all of the following:
208 1. Obstetrics.;
209 2. Neonatal pediatrics.;
210 3. Basic sciences.;
211 4. Female reproductive anatomy and physiology.;
212 5. Behavioral sciences.;
213 6. Childbirth education.;
214 7. Community care.;
215 8. Epidemiology.;
216 9. Genetics.;
217 10. Embryology.;
218 11. Neonatology.;
219 12. Applied pharmacology.;
220 13. The medical and legal aspects of midwifery.;
221 14. Gynecology and women's health.;
222 15. Family planning.;
223 16. Nutrition during pregnancy and lactation.;
224 17. Breastfeeding.; and
225 18. Basic nursing skills; and any other instruction
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226 determined by the department and council to be necessary.
227 (b) The standards shall incorporate the Core competencies,
228 incorporating those established by the American College of Nurse
229 Midwives and the Midwives Alliance of North America, including
230 knowledge, skills, and professional behavior in all of the
231 following areas:
232 1. Primary management, collaborative management, referral,
233 and medical consultation.;
234 2. Antepartal, intrapartal, postpartal, and neonatal
235 care.;
236 3. Family planning and gynecological care.;
237 4. Common complications.; and
238 5. Professional responsibilities.
239 (c) Noncurricular The standards shall include
240 noncurriculum matters under this section, including, but not
241 limited to, staffing and teacher qualifications.
242 (2) An approved midwifery program must offer shall include
243 a course of study and clinical training for a minimum of 3 years
244 which incorporates all of the standards, curriculum guidelines,
245 and educational objectives provided in this section and the
246 rules adopted hereunder.
247 (3) An approved midwifery program may reduce If the
248 applicant is a registered nurse or a licensed practical nurse or
249 has previous nursing or midwifery education, the required period
250 of training may be reduced to the extent of the student's
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251 applicant's qualifications as a registered nurse or licensed
252 practical nurse or based on prior completion of equivalent
253 nursing or midwifery education, as determined under rules
254 adopted by the department rule. In no case shall the training be
255 reduced to a period of less than 2 years.
256 (4)(3) An approved midwifery program may accept students
257 who To be accepted into an approved midwifery program, an
258 applicant shall have both:
259 (a) A high school diploma or its equivalent.
260 (b) Taken three college-level credits each of math and
261 English or demonstrated competencies in communication and
262 computation.
263 (5)(4) As part of its course of study, an approved
264 midwifery program must require clinical training that includes
265 all of the following:
266 (a) A student midwife, during training, shall undertake,
267 under the supervision of a preceptor, The care of 50 women in
268 each of the prenatal, intrapartal, and postpartal periods under
269 the supervision of a preceptor., but The same women need not be
270 seen through all three periods.
271 (b)(5) Observation of The student midwife shall observe an
272 additional 25 women in the intrapartal period before qualifying
273 for a license.
274 (6) Clinical The training required under this section must
275 include all of the following:
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276 (a) shall include Training in either hospitals, or
277 alternative birth settings, or both.
278 (b) A requirement that students demonstrate competency in
279 the assessment of and differentiation, with particular emphasis
280 on learning the ability to differentiate between low-risk
281 pregnancies and high-risk pregnancies.
282 (7) A hospital or birthing center receiving public funds
283 shall be required to provide student midwives access to observe
284 labor, delivery, and postpartal procedures, provided the woman
285 in labor has given informed consent. The Department of Health
286 shall assist in facilitating access to hospital training for
287 approved midwifery programs.
288 (8)(7) The Department of Education shall adopt curricular
289 frameworks for midwifery programs conducted within public
290 educational institutions under pursuant to this section.
291 (8) Nonpublic educational institutions that conduct
292 approved midwifery programs shall be accredited by a member of
293 the Commission on Recognition of Postsecondary Accreditation and
294 shall be licensed by the Commission for Independent Education.
295 Section 6. Section 467.011, Florida Statutes, is amended
296 to read:
297 467.011 Licensed midwives; qualifications; examination
298 Licensure by examination.—
299 (1) The department shall administer an examination to test
300 the proficiency of applicants in the core competencies required
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301 to practice midwifery as specified in s. 467.009.
302 (2) The department shall develop, publish, and make
303 available to interested parties at a reasonable cost a
304 bibliography and guide for the examination.
305 (3) The department shall issue a license to practice
306 midwifery to an applicant who meets all of the following
307 criteria:
308 (1) Demonstrates that he or she has graduated from one of
309 the following:
310 (a) An approved midwifery program.
311 (b) A medical or midwifery program offered in another
312 state, jurisdiction, territory, or country whose graduation
313 requirements were equivalent to or exceeded those required by s.
314 467.009 and the rules adopted thereunder at the time of
315 graduation.
316 (2) Demonstrates that he or she has and successfully
317 completed a prelicensure course offered by an approved midwifery
318 program. Students graduating from an approved midwifery program
319 may meet this requirement by showing that the content
320 requirements for the prelicensure course were covered as part of
321 their course of study.
322 (3) Submits an application for licensure on a form
323 approved by the department and pays the appropriate fee.
324 (4) Demonstrates that he or she has received a passing
325 score on an the examination specified by the department, upon
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326 payment of the required licensure fee.
327 Section 7. Section 467.0125, Florida Statutes, is amended
328 to read:
329 467.0125 Licensed midwives; qualifications; Licensure by
330 endorsement; temporary certificates.—
331 (1) The department shall issue a license by endorsement to
332 practice midwifery to an applicant who, upon applying to the
333 department, demonstrates to the department that she or he meets
334 all of the following criteria:
335 (a)1. Holds a valid certificate or diploma from a foreign
336 institution of medicine or midwifery or from a midwifery program
337 offered in another state, bearing the seal of the institution or
338 otherwise authenticated, which renders the individual eligible
339 to practice midwifery in the country or state in which it was
340 issued, provided the requirements therefor are deemed by the
341 department to be substantially equivalent to, or to exceed,
342 those established under this chapter and rules adopted under
343 this chapter, and submits therewith a certified translation of
344 the foreign certificate or diploma; or
345 2. Holds an active, unencumbered a valid certificate or
346 license to practice midwifery in another state, jurisdiction, or
347 territory issued by that state, provided the licensing
348 requirements of that state, jurisdiction, or territory at the
349 time the license was issued were therefor are deemed by the
350 department to be substantially equivalent to, or exceeded to
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351 exceed, those established under this chapter and the rules
352 adopted thereunder under this chapter.
353 (b) Has successfully completed a 4-month prelicensure
354 course conducted by an approved midwifery program and has
355 submitted documentation to the department of successful
356 completion.
357 (c) Submits an application for licensure on a form
358 approved by the department and pays the appropriate fee Has
359 successfully passed the licensed midwifery examination.
360 (2) The department may issue a temporary certificate to
361 practice in areas of critical need to an applicant any midwife
362 who is qualifying for a midwifery license licensure by
363 endorsement under subsection (1) who meets all of the following
364 criteria, with the following restrictions:
365 (a) Submits an application for a temporary certificate on
366 a form approved by the department and pays the appropriate fee,
367 which may not exceed $50 and is in addition to the fee required
368 for licensure by endorsement under subsection (1);
369 (b) Specifies on the application that he or she will The
370 Department of Health shall determine the areas of critical need,
371 and the midwife so certified shall practice only in one or more
372 of the following locations:
373 1. A county health department;
374 2. A correctional facility;
375 3. A Department of Veterans' Affairs clinic;
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376 4. A community health center funded by s. 329, s. 330, or
377 s. 340 of the United States Public Health Service Act; or
378 5. Any other agency or institution that is approved by the
379 State Surgeon General and provides health care to meet the needs
380 of an underserved population in this state; and those specific
381 areas,
382 (c) Will practice only under the supervision auspices of a
383 physician licensed under pursuant to chapter 458 or chapter 459,
384 a certified nurse midwife licensed under pursuant to part I of
385 chapter 464, or a midwife licensed under this chapter, who has a
386 minimum of 3 years' professional experience.
387 (3) The department may issue a temporary certificate under
388 this section with the following restrictions:
389 (a) A requirement that a temporary certificateholder
390 practice only in areas of critical need. The State Surgeon
391 General shall determine the areas of critical need, which Such
392 areas shall include, but are not be limited to, health
393 professional shortage areas designated by the United States
394 Department of Health and Human Services.
395 (b) A requirement that if a temporary certificateholder's
396 practice area ceases to be an area of critical need, within 30
397 days after such change the certificateholder must either:
398 1. Report a new practice area of critical need to the
399 department; or
400 2. Voluntarily relinquish the temporary certificate.
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401 (c) The department shall review a temporary
402 certificateholder's practice at least annually to determine
403 whether the certificateholder is meeting the requirements of
404 subsections (2) and (3) and the rules adopted thereunder. If the
405 department determines that a certificateholder is not meeting
406 these requirements, the department must revoke the temporary
407 certificate.
408 (d) A temporary certificate issued under this section is
409 shall be valid only as long as an area for which it is issued
410 remains an area of critical need, but no longer than 2 years,
411 and is shall not be renewable.
412 (c) The department may administer an abbreviated oral
413 examination to determine the midwife's competency, but no
414 written regular examination shall be necessary.
415 (d) The department shall not issue a temporary certificate
416 to any midwife who is under investigation in another state for
417 an act which would constitute a violation of this chapter until
418 such time as the investigation is complete, at which time the
419 provisions of this section shall apply.
420 (e) The department shall review the practice under a
421 temporary certificate at least annually to ascertain that the
422 minimum requirements of the midwifery rules promulgated under
423 this chapter are being met. If it is determined that the minimum
424 requirements are not being met, the department shall immediately
425 revoke the temporary certificate.
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426 (f) The fee for a temporary certificate shall not exceed
427 $50 and shall be in addition to the fee required for licensure.
428 Section 8. Section 467.205, Florida Statutes, is amended
429 to read:
430 467.205 Approval of midwifery programs.—
431 (1) The department shall approve an accredited or state-
432 licensed public or private institution seeking to provide
433 midwifery education and training as an approved midwifery
434 program in this state if the institution meets all of the
435 following criteria:
436 (a) Submits an application for approval on a form approved
437 by the department.
438 (b) Demonstrates to the department's satisfaction that the
439 proposed midwifery program complies with s. 467.009 and the
440 rules adopted thereunder.
441 (c) For a private institution, demonstrates its
442 accreditation by a member of the Council for Higher Education
443 Accreditation and its licensing or provisional licensing by the
444 Commission for Independent Education An organization desiring to
445 conduct an approved program for the education of midwives shall
446 apply to the department and submit such evidence as may be
447 required to show that it complies with s. 467.009 and with the
448 rules of the department. Any accredited or state-licensed
449 institution of higher learning, public or private, may provide
450 midwifery education and training.
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451 (2) The department shall adopt rules regarding educational
452 objectives, faculty qualifications, curriculum guidelines,
453 administrative procedures, and other training requirements as
454 are necessary to ensure that approved programs graduate midwives
455 competent to practice under this chapter.
456 (3) The department shall survey each organization applying
457 for approval. If the department is satisfied that the program
458 meets the requirements of s. 467.009 and rules adopted pursuant
459 to that section, it shall approve the program.
460 (2)(4) The department shall, at least once every 3 years,
461 certify whether each approved midwifery program is currently
462 compliant, and has maintained compliance, complies with the
463 requirements of standards developed under s. 467.009 and the
464 rules adopted thereunder.
465 (3)(5) If the department finds that an approved midwifery
466 program is not in compliance with the requirements of s. 467.009
467 or the rules adopted thereunder, or has lost its accreditation
468 status, the department must provide its finding to the program
469 in writing and no longer meets the required standards, it may
470 place the program on probationary status for a specified period
471 of time, which may not exceed 3 years until such time as the
472 standards are restored.
473 (4) If a program on probationary status does not come into
474 compliance with the requirements of s. 467.009 or the rules
475 adopted thereunder, or regain its accreditation status, as
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476 applicable, within the period specified by the department fails
477 to correct these conditions within a specified period of time,
478 the department may rescind the program's approval.
479 (5) A Any program that has having its approval rescinded
480 has shall have the right to reapply for approval.
481 (6) The department may grant provisional approval of a new
482 program seeking accreditation status, for a period not to exceed
483 5 years, provided that all other requirements of this section
484 are met.
485 (7) The department may rescind provisional approval of a
486 program that fails to the meet the requirements of s. 467.009,
487 this section, or the rules adopted thereunder, in accordance
488 with procedures provided in subsections (3) and (4) may be
489 granted pending the licensure results of the first graduating
490 class.
491 Section 9. Subsections (2), (3), and (4) and paragraphs
492 (a) and (b) of subsection (5) of section 468.803, Florida
493 Statutes, are amended to read:
494 468.803 License, registration, and examination
495 requirements.—
496 (2) An applicant for registration, examination, or
497 licensure must apply to the department on a form prescribed by
498 the board for consideration of board approval. Each initial
499 applicant shall submit a set of fingerprints to the department
500 on a form and under procedures specified by the department,
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501 along with payment in an amount equal to the costs incurred by
502 the department for state and national criminal history checks of
503 the applicant. The department shall submit the fingerprints
504 provided by an applicant to the Department of Law Enforcement
505 for a statewide criminal history check, and the Department of
506 Law Enforcement shall forward the fingerprints to the Federal
507 Bureau of Investigation for a national criminal history check of
508 the applicant. The board shall screen the results to determine
509 if an applicant meets licensure requirements. The board shall
510 consider for examination, registration, or licensure each
511 applicant who the board verifies:
512 (a) Has submitted the completed application and completed
513 the fingerprinting requirements fingerprint forms and has paid
514 the applicable application fee, not to exceed $500, and the cost
515 of the state and national criminal history checks. The
516 application fee is and cost of the criminal history checks shall
517 be nonrefundable;
518 (b) Is of good moral character;
519 (c) Is 18 years of age or older; and
520 (d) Has completed the appropriate educational preparation.
521 (3) A person seeking to attain the orthotics or
522 prosthetics experience required for licensure in this state must
523 be approved by the board and registered as a resident by the
524 department. Although a registration may be held in both
525 disciplines, for independent registrations the board may not
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526 approve a second registration until at least 1 year after the
527 issuance of the first registration. Notwithstanding subsection
528 (2), a person who has been approved by the board and registered
529 by the department in one discipline may apply for registration
530 in the second discipline without an additional state or national
531 criminal history check during the period in which the first
532 registration is valid. Each independent registration or dual
533 registration is valid for 2 years after the date of issuance
534 unless otherwise revoked by the department upon recommendation
535 of the board. The board shall set a registration fee not to
536 exceed $500 to be paid by the applicant. A registration may be
537 renewed once by the department upon recommendation of the board
538 for a period no longer than 1 year, as such renewal is defined
539 by the board by rule. The renewal fee may not exceed one-half
540 the current registration fee. To be considered by the board for
541 approval of registration as a resident, the applicant must have
542 one of the following:
543 (a) A Bachelor of Science or higher-level postgraduate
544 degree in orthotics and prosthetics from an a regionally
545 accredited college or university recognized by the Commission on
546 Accreditation of Allied Health Education Programs.
547 (b) A minimum of a bachelor's degree from an
548 institutionally a regionally accredited college or university
549 and a certificate in orthotics or prosthetics from a program
550 recognized by the Commission on Accreditation of Allied Health
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551 Education Programs, or its equivalent, as determined by the
552 board.
553 (c) A minimum of a bachelor's degree from an
554 institutionally a regionally accredited college or university
555 and a dual certificate in both orthotics and prosthetics from
556 programs recognized by the Commission on Accreditation of Allied
557 Health Education Programs, or its equivalent, as determined by
558 the board.
559 (4) The department may develop and administer a state
560 examination for an orthotist or a prosthetist license, or the
561 board may approve the existing examination of a national
562 standards organization. The examination must be predicated on a
563 minimum of a baccalaureate-level education and formalized
564 specialized training in the appropriate field. Each examination
565 must demonstrate a minimum level of competence in basic
566 scientific knowledge, written problem solving, and practical
567 clinical patient management. The board shall require an
568 examination fee not to exceed the actual cost to the board in
569 developing, administering, and approving the examination, which
570 fee must be paid by the applicant. To be considered by the board
571 for examination, the applicant must have:
572 (a) For an examination in orthotics:
573 1. A Bachelor of Science or higher-level postgraduate
574 degree in orthotics and prosthetics from an institutionally a
575 regionally accredited college or university recognized by the
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576 Commission on Accreditation of Allied Health Education Programs
577 or, at a minimum, a bachelor's degree from an institutionally a
578 regionally accredited college or university and a certificate in
579 orthotics from a program recognized by the Commission on
580 Accreditation of Allied Health Education Programs, or its
581 equivalent, as determined by the board; and
582 2. An approved orthotics internship of 1 year of qualified
583 experience, as determined by the board, or an orthotic residency
584 or dual residency program recognized by the board.
585 (b) For an examination in prosthetics:
586 1. A Bachelor of Science or higher-level postgraduate
587 degree in orthotics and prosthetics from an institutionally a
588 regionally accredited college or university recognized by the
589 Commission on Accreditation of Allied Health Education Programs
590 or, at a minimum, a bachelor's degree from an institutionally a
591 regionally accredited college or university and a certificate in
592 prosthetics from a program recognized by the Commission on
593 Accreditation of Allied Health Education Programs, or its
594 equivalent, as determined by the board; and
595 2. An approved prosthetics internship of 1 year of
596 qualified experience, as determined by the board, or a
597 prosthetic residency or dual residency program recognized by the
598 board.
599 (5) In addition to the requirements in subsection (2), to
600 be licensed as:
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601 (a) An orthotist, the applicant must pay a license fee not
602 to exceed $500 and must have:
603 1. A Bachelor of Science or higher-level postgraduate
604 degree in Orthotics and Prosthetics from an institutionally a
605 regionally accredited college or university recognized by the
606 Commission on Accreditation of Allied Health Education Programs,
607 or a bachelor's degree from an institutionally accredited
608 college or university and with a certificate in orthotics from a
609 program recognized by the Commission on Accreditation of Allied
610 Health Education Programs, or its equivalent, as determined by
611 the board;
612 2. An approved appropriate internship of 1 year of
613 qualified experience, as determined by the board, or a residency
614 program recognized by the board;
615 3. Completed the mandatory courses; and
616 4. Passed the state orthotics examination or the board-
617 approved orthotics examination.
618 (b) A prosthetist, the applicant must pay a license fee
619 not to exceed $500 and must have:
620 1. A Bachelor of Science or higher-level postgraduate
621 degree in Orthotics and Prosthetics from an institutionally a
622 regionally accredited college or university recognized by the
623 Commission on Accreditation of Allied Health Education Programs,
624 or a bachelor's degree from an institutionally accredited
625 college or university and with a certificate in prosthetics from
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626 a program recognized by the Commission on Accreditation of
627 Allied Health Education Programs, or its equivalent, as
628 determined by the board;
629 2. An internship of 1 year of qualified experience, as
630 determined by the board, or a residency program recognized by
631 the board;
632 3. Completed the mandatory courses; and
633 4. Passed the state prosthetics examination or the board-
634 approved prosthetics examination.
635 Section 10. Section 483.824, Florida Statutes, is amended
636 to read:
637 483.824 Qualifications of clinical laboratory director.—A
638 clinical laboratory director must have 4 years of clinical
639 laboratory experience with 2 years of experience in the
640 specialty to be directed or be nationally board certified in the
641 specialty to be directed, and must meet one of the following
642 requirements:
643 (1) Be a physician licensed under chapter 458 or chapter
644 459;
645 (2) Hold an earned doctoral degree in a chemical,
646 physical, or biological science from an a regionally accredited
647 institution and maintain national certification requirements
648 equal to those required by the federal Health Care Financing
649 Administration; or
650 (3) For the subspecialty of oral pathology, be a physician
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651 licensed under chapter 458 or chapter 459 or a dentist licensed
652 under chapter 466.
653 Section 11. Subsection (3) of section 490.003, Florida
654 Statutes, is amended to read:
655 490.003 Definitions.—As used in this chapter:
656 (3)(a) "Doctoral degree from an American Psychological
657 Association accredited program" means Effective July 1, 1999,
658 "doctoral-level psychological education" and "doctoral degree in
659 psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in
660 psychology from a psychology program at an educational
661 institution that, at the time the applicant was enrolled and
662 graduated:
663 1.(a) Had institutional accreditation from an agency
664 recognized and approved by the United States Department of
665 Education or was recognized as a member in good standing with
666 the Association of Universities and Colleges of Canada; and
667 2.(b) Had programmatic accreditation from the American
668 Psychological Association.
669 (b) "Doctoral degree in psychology" means a Psy.D., an
670 Ed.D. in psychology, or a Ph.D. in psychology from a psychology
671 program at an educational institution that, at the time the
672 applicant was enrolled and graduated, had institutional
673 accreditation from an agency recognized and approved by the
674 United States Department of Education or was recognized as a
675 member in good standing with the Association of Universities and
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676 Colleges of Canada.
677 Section 12. Subsection (1) of section 490.005, Florida
678 Statutes, is amended to read:
679 490.005 Licensure by examination.—
680 (1) Any person desiring to be licensed as a psychologist
681 shall apply to the department to take the licensure examination.
682 The department shall license each applicant who the board
683 certifies has met all of the following requirements:
684 (a) Completed the application form and remitted a
685 nonrefundable application fee not to exceed $500 and an
686 examination fee set by the board sufficient to cover the actual
687 per applicant cost to the department for development, purchase,
688 and administration of the examination, but not to exceed $500.
689 (b) Submitted proof satisfactory to the board that the
690 applicant has received:
691 1. A doctoral degree from an American Psychological
692 Association accredited program Doctoral-level psychological
693 education; or
694 2. The equivalent of a doctoral degree from an American
695 Psychological Association accredited program doctoral-level
696 psychological education, as defined in s. 490.003(3), from a
697 program at a school or university located outside the United
698 States of America which was officially recognized by the
699 government of the country in which it is located as an
700 institution or program to train students to practice
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701 professional psychology. The applicant has the burden of
702 establishing that this requirement has been met.
703 (c) Had at least 2 years or 4,000 hours of experience in
704 the field of psychology in association with or under the
705 supervision of a licensed psychologist meeting the academic and
706 experience requirements of this chapter or the equivalent as
707 determined by the board. The experience requirement may be met
708 by work performed on or off the premises of the supervising
709 psychologist if the off-premises work is not the independent,
710 private practice rendering of psychological services that does
711 not have a psychologist as a member of the group actually
712 rendering psychological services on the premises.
713 (d) Passed the examination. However, an applicant who has
714 obtained a passing score, as established by the board by rule,
715 on the psychology licensure examination designated by the board
716 as the national licensure examination need only pass the Florida
717 law and rules portion of the examination.
718 Section 13. Subsection (1) of section 490.0051, Florida
719 Statutes, is amended to read:
720 490.0051 Provisional licensure; requirements.—
721 (1) The department shall issue a provisional psychology
722 license to each applicant who the board certifies has:
723 (a) Completed the application form and remitted a
724 nonrefundable application fee not to exceed $250, as set by
725 board rule.
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726 (b) Earned a doctoral degree from an American
727 Psychological Association accredited program in psychology as
728 defined in s. 490.003(3).
729 (c) Met any additional requirements established by board
730 rule.
731 Section 14. Subsections (1), (3), and (4) of section
732 491.005, Florida Statutes, are amended to read:
733 491.005 Licensure by examination.—
734 (1) CLINICAL SOCIAL WORK.—Upon verification of
735 documentation and payment of a fee not to exceed $200, as set by
736 board rule, plus the actual per applicant cost to the department
737 for purchase of the examination from the American Association of
738 State Social Worker's Boards or a similar national organization,
739 the department shall issue a license as a clinical social worker
740 to an applicant who the board certifies has met all of the
741 following criteria:
742 (a) Has Submitted an application and paid the appropriate
743 fee.
744 (b)1. Has Received a doctoral degree in social work from a
745 graduate school of social work which at the time the applicant
746 graduated was accredited by an accrediting agency recognized by
747 the United States Department of Education or has received a
748 master's degree in social work from a graduate school of social
749 work which at the time the applicant graduated:
750 a. Was accredited by the Council on Social Work Education;
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751 b. Was accredited by the Canadian Association of Schools
752 of Social Work; or
753 c. Has been determined to have been a program equivalent
754 to programs approved by the Council on Social Work Education by
755 the Foreign Equivalency Determination Service of the Council on
756 Social Work Education. An applicant who graduated from a program
757 at a university or college outside of the United States or
758 Canada must present documentation of the equivalency
759 determination from the council in order to qualify.
760 2. The applicant's graduate program must have emphasized
761 direct clinical patient or client health care services,
762 including, but not limited to, coursework in clinical social
763 work, psychiatric social work, medical social work, social
764 casework, psychotherapy, or group therapy. The applicant's
765 graduate program must have included all of the following
766 coursework:
767 a. A supervised field placement which was part of the
768 applicant's advanced concentration in direct practice, during
769 which the applicant provided clinical services directly to
770 clients.
771 b. Completion of 24 semester hours or 32 quarter hours in
772 theory of human behavior and practice methods as courses in
773 clinically oriented services, including a minimum of one course
774 in psychopathology, and no more than one course in research,
775 taken in a school of social work accredited or approved pursuant
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776 to subparagraph 1.
777 3. If the course title which appears on the applicant's
778 transcript does not clearly identify the content of the
779 coursework, the applicant shall be required to provide
780 additional documentation, including, but not limited to, a
781 syllabus or catalog description published for the course.
782 (c) Has Had at least 2 years of clinical social work
783 experience, which took place subsequent to completion of a
784 graduate degree in social work at an institution meeting the
785 accreditation requirements of this section, under the
786 supervision of a licensed clinical social worker or the
787 equivalent who is a qualified supervisor as determined by the
788 board. An individual who intends to practice in Florida to
789 satisfy clinical experience requirements must register pursuant
790 to s. 491.0045 before commencing practice. If the applicant's
791 graduate program was not a program which emphasized direct
792 clinical patient or client health care services as described in
793 subparagraph (b)2., the supervised experience requirement must
794 take place after the applicant has completed a minimum of 15
795 semester hours or 22 quarter hours of the coursework required. A
796 doctoral internship may be applied toward the clinical social
797 work experience requirement. A licensed mental health
798 professional must be on the premises when clinical services are
799 provided by a registered intern in a private practice setting.
800 (d) Has Passed a theory and practice examination
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801 designated by board rule provided by the department for this
802 purpose.
803 (e) Has Demonstrated, in a manner designated by rule of
804 the board, knowledge of the laws and rules governing the
805 practice of clinical social work, marriage and family therapy,
806 and mental health counseling.
807 (3) MARRIAGE AND FAMILY THERAPY.—Upon verification of
808 documentation and payment of a fee not to exceed $200, as set by
809 board rule, plus the actual cost of the purchase of the
810 examination from the Association of Marital and Family Therapy
811 Regulatory Board, or similar national organization, the
812 department shall issue a license as a marriage and family
813 therapist to an applicant who the board certifies has met all of
814 the following criteria:
815 (a) Has Submitted an application and paid the appropriate
816 fee.
817 (b)1. Obtained one of the following:
818 a. Has A minimum of a master's degree with major emphasis
819 in marriage and family therapy or a closely related field from a
820 program accredited by the Commission on Accreditation for
821 Marriage and Family Therapy Education or from a Florida
822 university program accredited by the Council for Accreditation
823 of Counseling and Related Educational Programs.
824 b. A minimum of a master's degree with an emphasis in
825 marriage and family therapy with a degree conferred date before
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826 July 1, 2026, from an institutionally accredited college or
827 university that is not yet accredited by the Commission on
828 Accreditation for Marriage and Family Therapy Education or the
829 Council for Accreditation of Counseling and Related Educational
830 Programs.
831 2. Completed and graduate courses approved by the Board of
832 Clinical Social Work, Marriage and Family Therapy, and Mental
833 Health Counseling.
834
835 If the course title that appears on the applicant's transcript
836 does not clearly identify the content of the coursework, the
837 applicant shall provide additional documentation, including, but
838 not limited to, a syllabus or catalog description published for
839 the course. The required master's degree must have been received
840 in an institution of higher education that, at the time the
841 applicant graduated, was fully accredited by an institutional a
842 regional accrediting body recognized by the Commission on
843 Recognition of Postsecondary Accreditation or publicly
844 recognized as a member in good standing with the Association of
845 Universities and Colleges of Canada, or an institution of higher
846 education located outside the United States and Canada which, at
847 the time the applicant was enrolled and at the time the
848 applicant graduated, maintained a standard of training
849 substantially equivalent to the standards of training of those
850 institutions in the United States which are accredited by an
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851 institutional a regional accrediting body recognized by the
852 Commission on Recognition of Postsecondary Accreditation. Such
853 foreign education and training must have been received in an
854 institution or program of higher education officially recognized
855 by the government of the country in which it is located as an
856 institution or program to train students to practice as
857 professional marriage and family therapists or psychotherapists.
858 The applicant has the burden of establishing that the
859 requirements of this provision have been met, and the board
860 shall require documentation, such as an evaluation by a foreign
861 equivalency determination service, as evidence that the
862 applicant's graduate degree program and education were
863 equivalent to an accredited program in this country. An
864 applicant with a master's degree from a program that did not
865 emphasize marriage and family therapy may complete the
866 coursework requirement in a training institution fully
867 accredited by the Commission on Accreditation for Marriage and
868 Family Therapy Education recognized by the United States
869 Department of Education.
870 (c) Has Had at least 2 years of clinical experience during
871 which 50 percent of the applicant's clients were receiving
872 marriage and family therapy services, which must have been be at
873 the post-master's level under the supervision of a licensed
874 marriage and family therapist with at least 5 years of
875 experience, or the equivalent, who is a qualified supervisor as
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876 determined by the board. An individual who intends to practice
877 in Florida to satisfy the clinical experience requirements must
878 register pursuant to s. 491.0045 before commencing practice. If
879 a graduate has a master's degree with a major emphasis in
880 marriage and family therapy or a closely related field which did
881 not include all of the coursework required by paragraph (b),
882 credit for the post-master's level clinical experience may not
883 commence until the applicant has completed a minimum of 10 of
884 the courses required by paragraph (b), as determined by the
885 board, and at least 6 semester hours or 9 quarter hours of the
886 course credits must have been completed in the area of marriage
887 and family systems, theories, or techniques. Within the 2 years
888 of required experience, the applicant must shall provide direct
889 individual, group, or family therapy and counseling to cases
890 including those involving unmarried dyads, married couples,
891 separating and divorcing couples, and family groups that include
892 children. A doctoral internship may be applied toward the
893 clinical experience requirement. A licensed mental health
894 professional must be on the premises when clinical services are
895 provided by a registered intern in a private practice setting.
896 (d) Has Passed a theory and practice examination
897 designated by board rule provided by the department.
898 (e) Has Demonstrated, in a manner designated by board
899 rule, knowledge of the laws and rules governing the practice of
900 clinical social work, marriage and family therapy, and mental
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901 health counseling.
902
903 For the purposes of dual licensure, the department shall license
904 as a marriage and family therapist any person who meets the
905 requirements of s. 491.0057. Fees for dual licensure may not
906 exceed those stated in this subsection.
907 (4) MENTAL HEALTH COUNSELING.—Upon verification of
908 documentation and payment of a fee not to exceed $200, as set by
909 board rule, plus the actual per applicant cost of purchase of
910 the examination from the National Board for Certified Counselors
911 or its successor organization, the department shall issue a
912 license as a mental health counselor to an applicant who the
913 board certifies has met all of the following criteria:
914 (a) Has Submitted an application and paid the appropriate
915 fee.
916 (b)1. Obtained Has a minimum of an earned master's degree
917 from a mental health counseling program accredited by the
918 Council for the Accreditation of Counseling and Related
919 Educational Programs which consists of at least 60 semester
920 hours or 80 quarter hours of clinical and didactic instruction,
921 including a course in human sexuality and a course in substance
922 abuse. If the master's degree is earned from a program related
923 to the practice of mental health counseling which is not
924 accredited by the Council for the Accreditation of Counseling
925 and Related Educational Programs, then the coursework and
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926 practicum, internship, or fieldwork must consist of at least 60
927 semester hours or 80 quarter hours and meet all of the following
928 requirements:
929 a. Thirty-three semester hours or 44 quarter hours of
930 graduate coursework, which must include a minimum of 3 semester
931 hours or 4 quarter hours of graduate-level coursework in each of
932 the following 11 content areas: counseling theories and
933 practice; human growth and development; diagnosis and treatment
934 of psychopathology; human sexuality; group theories and
935 practice; individual evaluation and assessment; career and
936 lifestyle assessment; research and program evaluation; social
937 and cultural foundations; substance abuse; and legal, ethical,
938 and professional standards issues in the practice of mental
939 health counseling. Courses in research, thesis or dissertation
940 work, practicums, internships, or fieldwork may not be applied
941 toward this requirement.
942 b. A minimum of 3 semester hours or 4 quarter hours of
943 graduate-level coursework addressing diagnostic processes,
944 including differential diagnosis and the use of the current
945 diagnostic tools, such as the current edition of the American
946 Psychiatric Association's Diagnostic and Statistical Manual of
947 Mental Disorders. The graduate program must have emphasized the
948 common core curricular experience.
949 c. The equivalent, as determined by the board, of at least
950 700 hours of university-sponsored supervised clinical practicum,
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951 internship, or field experience that includes at least 280 hours
952 of direct client services, as required in the accrediting
953 standards of the Council for Accreditation of Counseling and
954 Related Educational Programs for mental health counseling
955 programs. This experience may not be used to satisfy the post-
956 master's clinical experience requirement.
957 2. Has Provided additional documentation if a course title
958 that appears on the applicant's transcript does not clearly
959 identify the content of the coursework. The documentation must
960 include, but is not limited to, a syllabus or catalog
961 description published for the course.
962
963 Education and training in mental health counseling must have
964 been received in an institution of higher education that, at the
965 time the applicant graduated, was fully accredited by an
966 institutional a regional accrediting body recognized by the
967 Council for Higher Education Accreditation or its successor
968 organization or publicly recognized as a member in good standing
969 with the Association of Universities and Colleges of Canada, or
970 an institution of higher education located outside the United
971 States and Canada which, at the time the applicant was enrolled
972 and at the time the applicant graduated, maintained a standard
973 of training substantially equivalent to the standards of
974 training of those institutions in the United States which are
975 accredited by an institutional a regional accrediting body
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976 recognized by the Council for Higher Education Accreditation or
977 its successor organization. Such foreign education and training
978 must have been received in an institution or program of higher
979 education officially recognized by the government of the country
980 in which it is located as an institution or program to train
981 students to practice as mental health counselors. The applicant
982 has the burden of establishing that the requirements of this
983 provision have been met, and the board shall require
984 documentation, such as an evaluation by a foreign equivalency
985 determination service, as evidence that the applicant's graduate
986 degree program and education were equivalent to an accredited
987 program in this country. Beginning July 1, 2025, an applicant
988 must have a master's degree from a program that is accredited by
989 the Council for Accreditation of Counseling and Related
990 Educational Programs or the Master’s in Psychology and
991 Counseling Accreditation Council which consists of at least 60
992 semester hours or 80 quarter hours to apply for licensure under
993 this paragraph.
994 (c) Has Had at least 2 years of clinical experience in
995 mental health counseling, which must be at the post-master's
996 level under the supervision of a licensed mental health
997 counselor or the equivalent who is a qualified supervisor as
998 determined by the board. An individual who intends to practice
999 in Florida to satisfy the clinical experience requirements must
1000 register pursuant to s. 491.0045 before commencing practice. If
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1565 2021
1001 a graduate has a master's degree with a major related to the
1002 practice of mental health counseling which did not include all
1003 the coursework required under sub-subparagraphs (b)1.a. and b.,
1004 credit for the post-master's level clinical experience may not
1005 commence until the applicant has completed a minimum of seven of
1006 the courses required under sub-subparagraphs (b)1.a. and b., as
1007 determined by the board, one of which must be a course in
1008 psychopathology or abnormal psychology. A doctoral internship
1009 may be applied toward the clinical experience requirement. A
1010 licensed mental health professional must be on the premises when
1011 clinical services are provided by a registered intern in a
1012 private practice setting.
1013 (d) Has Passed a theory and practice examination
1014 designated by department rule provided by the department for
1015 this purpose.
1016 (e) Has Demonstrated, in a manner designated by board
1017 rule, knowledge of the laws and rules governing the practice of
1018 clinical social work, marriage and family therapy, and mental
1019 health counseling.
1020 Section 15. This act shall take effect July 1, 2021.
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