63N-1.0031. Qualifications of Mental Health Professionals

(1) Mental health services must be provided by a Licensed Mental Health Professional or a non-licensed Mental Health Clinical Staff Person who is working under the direct supervision of a Licensed Mental Health Professional.

(a) Licensed Mental Health Professionals. Each Licensed Mental Health Professional shall hold an active, valid license issued by the Florida Department of Health.

1. Psychiatrists. A Psychiatrist shall be a physician licensed pursuant to Chapter 458 or 459, F.S. who meets one of the following conditions:

a. Is board certified in Child and Adolescent Psychiatry or Psychiatry by the American Board of Psychiatry and Neurology; or

b. Is board eligible by virtue of having completed a training program in Psychiatry approved by the American Board of Psychiatry and Neurology for entrance into its certifying examination; or

c. Is board certified in Forensic Psychiatry by the American Board of Psychiatry and Neurology or the American Board of Forensic Psychiatry and has prior experience and training in psychiatric treatment with children or adolescents.

2. Licensed Psychologists shall be licensed pursuant to Section 490.005(1). F.S., and licensed school psychologists shall be licensed pursuant to Section 490.006, F.S.

3. Licensed Mental Health Counselors shall be licensed pursuant to Chapter 491, F.S.

4. Licensed Clinical Social Workers shall be licensed pursuant to Chapter 491, F.S.

5. Licensed Marriage and Family Therapists shall be licensed pursuant to Chapter 491, F.S.

6. Psychiatric Nurses shall be licensed registered nurses who have a master’s degree or a doctorate in psychiatric nursing and two years post-master’s clinical experience under the supervision of a physician; or shall be a licensed and certified psychiatric advanced registered nurse practitioner (ARNP) under Chapter 464, F.S., with a master’s degree or doctorate in psychiatric nursing or mental health nursing and two years post-master’s clinical experience under the supervision of a physician would meet this definition.

7. The Licensed Mental Health Professional’s license number, and a copy of an up-to-date clear and active license document must be on file in the facility or program.

(b) Non-Licensed Mental Health Clinical Staff.

1. A non-licensed Mental Health Clinical Staff Person providing mental health services in a DJJ facility or program must meet one of the qualifications in sub-subparagraphs a., through d., and meet the requirement in sub-subparagraph e., below:

a. Hold a master’s degree from an accredited university or college in the field of counseling, social work, psychology, or Related Human Services Field;

b. Hold a bachelor’s degree from an accredited university or college in the field of counseling, social work, psychology or Related Human Services Field and have two years clinical experience assessing, counseling and treating youths with serious emotional disturbance or substance abuse problems;

c. Hold a bachelor’s degree from an accredited university or college in the field of counseling, social work, psychology or Related Human Services Field and have 52 hours of training in the areas described in this section prior to working with youths. The 52 hours of training must include a minimum of 16 hours of documented clinical training in their duties and responsibilities. The non-licensed person must also receive training in mental disorders and substance-related disorders, counseling theory and techniques, group dynamics and group therapy, treatment planning and discharge planning for one year by a Mental Health Clinical Staff Person who holds a Master’s degree. Clinical training of the non-licensed person must cover, at a minimum, the following components: basic counseling skills, basic group therapy skills, treatment model and program philosophy, therapeutic milieu, behavior management, client rights, crisis intervention, early intervention and de-escalation, documentation requirements, normal and abnormal adolescent development and typical behavior problems.

d. If the non-licensed Mental Health Clinical Staff Person provides mental health services in a DJJ facility or program designated for Medicaid behavioral health services, the requirements for counselors set forth by the Agency for Health Care Administration (AHCA) are provided in the Florida Medicaid Community Behavioral Health Services Coverage and Limitations Handbook; and

e. A non-licensed person providing clinical, counseling or therapy services must meet the exemption criteria set forth in Sections 491.014(4) and 491.014 (8), F.S.

2. A Board Certified Behavior Analyst or Certified Behavior Analyst who is not a Licensed Mental Health Professional must meet the requirements in subparagraph 1., above in order to function as a non-licensed Mental Health Clinical Staff Person in a departmental facility or program.

3. A Board Certified Behavior Analyst or Certified Behavior Analyst who is not a Licensed Mental Health Professional must provide Behavior Analysis Services under the direct supervision of a Licensed Mental Health Professional in a departmental facility or program.

4. A copy of the non-licensed Mental Health Clinical Staff Person’s college transcript must be on file in the facility or program.

(2) Mental health services must be provided by Licensed Mental Health Professionals and Mental Health Clinical Staff Persons who have met the background screening requirements set forth in Section 985.644, F.S.

Rulemaking Authority 985.64(2) FS. Law Implemented 985.601(3)(a), 985.14(3)(a), 985.145(1), 985.18, 985.48(4), 985.64(2) FS. History–New 3-16-14.