The proposed rule amendment is intended to clarify the requirements for becoming a qualified supervisor.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-2.0025Definition of "Qualified Supervisor"

PURPOSE AND EFFECT: The proposed rule amendment is intended to clarify the requirements for becoming a qualified supervisor.

SUMMARY: To update rule language on qualified supervisors.

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), 491.005(1)(c), (3)(c), (4)(c) FS.

LAW IMPLEMENTED: 491.005(1)(c), (3)(c), (4)(c) 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: Kimberly Marshall, 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:

 

64B4-2.0025 Definition of “Qualified Supervisor” Definitions and Duties.

(1) No Change.

(2) A “qualified supervisor” for marriage and family therapy as specified in Section 491.005(3)(c), F.S., means a licensed marriage and family therapist with at least five of experience or the equivalent who meets the qualifications specified in Rule 64B4-21.007, F.A.C.

(3) No Change.

(4) Form DH-MQA 5049, Qualified Supervisor Statement Instructions and Form (Revised 11/2021), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-________, or on the web www.floridasmentalhealthprofessions.gov/resources, must be submitted by all qualified supervisors prior to initiation of any supervision in Florida for registered interns.

(5) In addition to the requirements found in Rule 64B4-2.002, F.A.C,  a qualified supervisor shall:

(a) Provide the Board with a signed and dated letter which may be submitted electronically and which states the supervisor has agreed to provide the intern or applicant with supervision while a registered intern;

(b) Not commence supervision until the qualified supervisor confirms Board approval, registration status, and receipt of an approval letter from the Board office for each intern under supervision;

(c) Ensure that at all times the qualified supervisor and the intern act within their established scopes of practice providing the appropriate standard of care for each client of the intern;

(d) Report any violations of the scope of practice, standard of care, or any laws or rules directly to the Board within seven (7) days of the knowledge of such violation;

(e) Document a minimum of date, duration, and participants of all supervision sessions which shall be completed and signed, or otherwise verified, by the qualified supervisor no later than twenty-four (24) hours after each session;

(f) Ensure compliance with all continuing education requirements for both the qualified supervisor and the intern and provide updates to the intern on all changes to applicable laws and rules;

(g) Submit supervision hours to the Board within seven (7) days after the conclusion of supervision using form DH-MQA 1181, “Verification of Clinical Experience” which is incorporated in rule 64B4-3.0015, F.A.C.;

(h) Be available upon request of the Board to appear, to submit additional documentation, or to submit additional information regarding the intern’s performance during supervision.;

(i) Terminate the supervision relationship if the qualified supervisor is unable to adequately provide supervision; and

(j) Notify the Board within seven (7) days of the termination of the supervision relationship for any reason.

(6) Failure to comply with any of the requirements or duties by a qualified supervisor shall be considered a violation of section 456.072(1)(k), F.S., for discipline purposes. 

(7) The supervisor is deemed to have acted within the appropriate scope of practice while providing supervision to an intern by maintaining and following a written policy which requires that the supervisor:

(a) Enter into a supervision contract with the intern, covering expectations, meetings, and cost;

(b) Provide training and feedback throughout the supervision process;

(c) Educate and update interns on their profession’s Code of Ethics;

(d) Describe ethical, legal, and regulatory issues of supervision, including documentation of the supervisory sessions;

(e) Emphasize the importance of providing assessments and using techniques which are sensitive to the individual client’s needs, including the client’s cultural background;

(f) Serve as a mentor and role model for professional conduct as well as self-care;

(g) Demonstrate the ethical, legal, and regulatory issues of teletherapy;

(h) Set clear personal and professional boundries; and

(i) Educate interns about personal versus professional self;

Rulemaking Authority 491.004(5), 491.005(1)(c), (3)(c), (4)(c) FS. Law Implemented 491.005(1)(c), (3)(c), (4)(c) FS. History–New 12-16-96, Formerly 59P-2.0025,_______________.

 

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: November 4, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 21, 2022