To clarify education necessary prior to licensure.

 

DEPARTMENT OF HEALTH

Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

RULE NO.:RULE TITLE:

64B4-3.0035Demonstrating Knowledge of Laws and Rules for Licensure

PURPOSE AND EFFECT: To clarify education necessary prior to licensure.

SUMMARY: To clarify education necessary prior to licensure.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 491.004(5), 491.005(1)(e), 491.0065 FS.

LAW IMPLEMENTED: 491.005(1)(e) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashleigh Irving, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258, or by email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial rewording of Rule 64B4-3.0035. follows. See Florida Administrative Code for present text.)

64B4-3.0035 Continuing education courses required prior to licensure.Demonstrating Knowledge of Laws and Rules for Licensure.

(1) An applicant for licensure in Clinical Social Work, Marriage and Family Therapy or Mental Health Counseling shall provide proof of the folowing prior to licensure:

(a) Completion of a Law and Rules approved course consisting of a minimum of eight (8) hours which shall include the following subject areas:

1. Chapter 456, Part II, F.S., (Regulation of Professions and Occupations, General Provisions)

2. Chapter 90.503, F.S., (Psychotherapist-Patient Privilege)

3. Chapter 394, F.S., (Part I Florida Mental Health Act)

4. Chapter 397, F.S. (Substance Abuse Services)

5. Chapters 415 and 39, F.S., (Protection from Abuse, Neglect and Exploitation)

6. Chapter 491, F.S., (Clinical, Counseling and Psychotherapy Services)

7. Division 64B4, F.A.C., (Rules of the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling)

(b) Completion of HIV/AIDS education as required by Section 491.0065, F.S.

(2) The Laws and Rules course:

(a) Must provide integration of the above subject areas into the competencies required for clinical practice and must include interactive discussion of clinical case examples applying the laws and rules that govern the appropriate clinical practice.

(b) Must include a testing mechanism on which a passing score of 80 percent must be obtained by the attendee prior to issuing credit. Upon successful completion of the course, the applicant shall submit a copy of the certificate of completion to the Board.

(c) May be offered and conducted on-line but must comply with all aspects of this rule.

(d) Offered by a Board approved laws and rules course provider shall qualify for continuing education credit even if the provider is not an approved continuing education provider pursuant to rule 64B4-6.004, F.A.C.

(3) HIV/AIDS education as required by Section 491.0065, F.S.:

(a) Must meet one of the requirements of subsection 64B4-6.0021(1), F.A.C., and which provide a minimum of three hours of HIV/AIDS education, including education on protocols and procedures applicable to HIV counseling, testing, reporting and partner notification, or

(b) Must be approved by the Department of Health pursuant to Section 381.0038, F.S.

(c) May be completed within six-month of filing the application if the applicant submits an affidavit with the application showing good cause for the six-month extension. Good cause may be shown by presenting proof of personal illness or illness involving a close relative or a person for whom the applicant has care-giving responsibility or where the applicant can demonstrate economic technological or legal hardship that relates to the ability to perform or  successfully complete the course requirement.

(d) May be met if the applicant holds an additional license concurrent with a license under 491 and can show proof of having completed a board-approved course on HIV/AIDS for the purpose of relicensure or recertification for the additional license.

(4) For purposes of this rule, an hour is defined as a 60-minute clock hour in which there is no less than 50 minutes of uninterrupted instruction.

(5) Laws and rules courses may be offered and conducted on-line but must comply with all aspects of this rule. Such courses must include real time (contemporaneous) interactive discussions as required by subsection (2) of this rule.

Rulemaking Authority 491.004(5), 491.005(1)(e), 491.0065 FS. Law Implemented 491.005(1)(e) FS. History–New 12-28-99, Amended 8-9-00, 10-16-03, 10-7-12, 6-30-15,_____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2023