The proposed rule amendment is intended to update the rule language.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-7.0081Requirements to be a Qualified Practitioner for Completing Risk Assessments and Treatment of Sexual Offenders.

PURPOSE AND EFFECT: The proposed rule amendment is intended to update the rule language.

SUMMARY: To update the rule language.

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, based upon the expertise and experience of its members, 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), 947.005(10), (11), 948.001(10) FS.

LAW IMPLEMENTED: 947.1405(7)(a)5., 948.001(10), (11), 948.30(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: Janet Hartman, 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B4-7.0081 Requirements to be a Qualified Practitioner for Completing Risk Assessments and Treatment of Sexual Offenders.

(1) Licensees employed or contracted as Behavioral Specialists for the Florida Department of Corrections (DOC) and credentialed to conduct screenings and counseling for sexual offenses disorders; or approved by the United States Probation Office to complete risk assessments and treat sexual offenders; or who were a clinical member of the Association for the Treatment of Sexual Abusers (ATSA) or the Florida Association for the Treatment of Sexual Abusers (FATSA), on or before June 30, 2010, shall be deemed to be qualified practitioners.

(2) For the purposes of this section:

(a) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders.

(b) “Persons who have committed sex offenses” means persons who have been ordered or referred to a qualified practitioner for assessment or treatment due to an allegation of or a conviction for a sexually based criminal or delinquent act.

(3)(2) In order to be a qualified practitioner for completing risk assessments and/or providing treatment for persons who have committed sex offenses sexual offenders, one must hold an active license as a clinical social worker, marriage and family therapist, or mental health counselor under Chapter 491, F.S.

(4)(3) A qualified practitioner under this rule shall possess 4060 hours of post degree graduate coursework and/or post degree continuing education in all of the following core areas with a minimum of three (3) hours per area:

(a) Etiological Etiology theories of sexual deviance, criminality, and aggression;

(b) Evidence-based Evaluation/risk assessment instruments specifically designed for persons who have committed sex offenses, which utilize static and dynamic risk factors associated with recidivism, as well as measures of treatment progress (6 hours required) and treatment of adult and adolescent sexual offenders that have established scientific bases;

(c) Evaluation, /risk assessment, and treatment of specialized populations of persons who have sexually offended sexual offenders;

(d) Empirically informed psycho-physiological testing and interventions specific to persons who have sexually offended, such as plethysmograph, polygraphy, pupillometry, eye tracking, measures of sexual interest, pharmacological treatments, and/or other validated practices Physiological measures of sexual arousal;

(e) DSM differential diagnoses for paraphilic disorders, personality disorders, and co-morbid disorders Sexual offender and current DSM diagnosis;

(f) Safety planning for use of the Internet, and/or other new technologies which allow access to sexual material or simulation of sexual activities, and /Family Safety planning related to contact with children;

(g) Report writing of psychosexual assessments and treatment plans, risk assessments, safety plans, treatment progress assessments, and/or other clinical documentation;

(h) Legal and ethical issues in the evaluation and treatment of persons who have sexually offended sexual offenders;

(i) Understanding the role of early trauma, the intergenerational cycle of abuse, other environmental, social, and neurobiological factors that contribute to the development of sexually abusive behaviors, and trauma-informed practices Co-morbidity and substance abuse issues; and,

(j) Evidence-informed treatments designed for use with persons who have sexually offended; and Relapse prevention.

(k) Impact of sexually abusive behaviors on victims.

(5)(4) Have documented 2,000 hours of post degree experience in the evaluation and treatment of sexual offenders.

(a) through (b) No change.

(6)(5) Effective April 1, 2021, aA qualified practitioner under this rule must complete 20 hours of board approved biennial continuing education each reporting period in any of the areas listed in subsection (4) above the assessment, evaluation and treatment of sexual offenders; relapse prevention; experience and training in working with victims; and related legal and ethical issues.

Rulemaking Authority 491.004(5), 947.005(10), (11), 948.001(10) FS Law Implemented 947.1405(7)(a)5., 948.001(10), (11), 948.30(1)(e) FS. History–New 4-18-12, Amended 7-19-17,_______________.

 

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 6, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2020