The Board proposes the rule amendments to update rule language and revise the incorporated forms.

 

DEPARTMENT OF HEALTH

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

RULE NOS.:RULE TITLES:

64B4-3.001Application for Licensure for Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Applicants

64B4-3.0075Provisional Licensure

64B4-3.0085Intern Registration

64B4-3.009Limited Licenses

64B4-3.010Marriage and Family Therapy Dual Licensure

PURPOSE AND EFFECT: The Board proposes the rule amendments to update rule language and revise the incorporated forms.

SUMMARY: To update rule language and the applications.

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: 456.013, 456.015, 491.004(5) , 491.0046 FS.

LAW IMPLEMENTED: 456.013, 456.015, 456.0635, 491.0045, 491.0046, 491.005, 491.0057, 491.006, 491.0065 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:

 

64B4-3.001 Application for Licensure for Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Applicants.

Every applicant for licensure as a clinical social worker, marriage and family therapist or mental health counselor shall submit to the Board a completed application on Form DH-MQA 1174, Application for Licensure as a Clinical Social Worker, Marriage & Family Therapist or Mental Health Counselor by Examination (revised 7/202011/18), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- 10300, or the web at http://www.floridasmentalhealthprofessions.gov/resources. The application shall be accompanied with the application fee and the initial licensure fee.

(1) through (2) No change.

Rulemaking Authority 491.004(5) FS. Law Implemented 456.013, 456.0635, 491.005, 491.006, 491.0065 FS. History–New 7-6-88, Amended 1-28-91, 11-3-92, Formerly 21CC-3.001, 61F4-3.001, Amended 11-13-96, Formerly 59P-3.001, Amended 6-8-09, 2-24-10, 4-4-13, 5-12-16, 9-1-16, 8-7-18, 3-18-19,                        .

 

64B4-3.0075 Provisional Licensure.

(1) No change.

(2) An applicant seeking a provisional license must submit a completed application to the Board on Form DH-MQA 1176, Application for Provisional Licensure Application as a Clinical Social Worker, Marriage& Family Therapist, or Mental Health Counselor (Revised 7/202011/18), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-          10291, or the Board office at 4052 Bald Cypress Way, Bin C-08, Tallahassee, Florida 32399-3258. The application shall be accompanied by the application fee specified in rule 64B4-4.014, F.A.C., which is non-refundable.

(3) No change.

Rulemaking Authority 456.013, 491.004(5), 491.0046 FS. Law Implemented 456.013, 456.0635, 491.0046 FS. History–New 6-8-09, Amended 2-13-17, 2-27-19,                        .

 

64B4-3.0085 Intern Registration

(1) An individual who intends to practice in Florida to satisfy the post-master’s experience must register as an intern by submitting a completed application to the Board on Form DH-MQA 1175, Application for Licensure as a Registered Intern for Clinical Social Work, Marriage & Family Therapy or Mental Health Counseling Intern Registration Application (Revised 07/2011/18), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- 10293, or the web at www.floridasmentalhealthprofessions.gov/resources. The application shall be accompanied by the application fee specified in rule 64B4-4.015, F.A.C., which is non-refundable.

(2) through (3) No change.

(4) Experience obtained under the supervision of a the new qualified supervisor will not count toward completion of the experience requirement until the registered intern has received board approval of the their new qualified supervisor.

(5) A registered intern must complete all hours associated with their clinical practicum, either through their graduate program or under the supervision of a qualified supervisor, before any hours completed toward the registered intern’s experience requirement may be counted.

(6) Form HD5044-MQA, Supervision Plan Form for Registered Clinical Social Work Interns (Revised 02/20), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- , or on the web at www.floridasmentalhealthprofessions.gov/resources, may be submitted by a qualified supervisor as an acceptable supervision plan for meeting the clinical practicum hours required for licensure if not otherwise satisfied by the individuals’ graduate program.

(7) Form HD5046-MQA, Graduate-Level Practicum, Internship, or Field Experience Verification Form – Clinical Social Work (Revised 02/20), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- , or on the web at www.floridasmentalhealthprofessions.gov/resources, must be submitted by a qualified supervisor on behalf of the Clinical Social Work registered intern upon completion of the practicum, internship, or field work required for licensure when not satisfied by the individuals’ graduate program.

(8) Form HD5045-MQA, Graduate-Level Practicum, Internship, or Field Experience Verification Form – Marriage and Family Therapy (Revised 02/20),  hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-  , or on the web at www.floridasmentalhealthprofessions.gov/resources, must be submitted by a qualified supervisor on behalf of the Marriage and Family Therapist registered intern upon completion of the practicum, internship, or field work required for licensure when not satisfied by the individuals’ graduate program.

(9) Form HD5047-MQA, Graduate-Level Practicum, Internship, or Field Experience Verification Form – Mental Health Counseling (Revised 02/20), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref- , or on the web at www.floridasmentalhealthprofessions.gov/resources, must be submitted by a qualified supervisor on behalf of the Mental Health Counseling registered intern upon completion of the practicum, internship, or field work required for licensure when not satisfied by the individual’s graduate program.

(10) An “emergency or hardship case” pursuant to s. 491.0045(6), F.S., means that a circumstance or circumstances exist or existed that substantially relate to the ability to complete the internship requirements.  The circumstance or circumstances must be beyond the registered intern’s control and be of such duration to have eliminated the ability of the Registered Intern to complete their internship requirements within the timeframe established pursuant to s. 491.0045(6), F.S. Failure to pass the exam does not meet the requirements of an emergency or hardship case.

(11) No later than 90 days prior to the expiration of the internship registration, the Registered Intern shall submit, in writing, a request to the Board for an exception to the requirements of s. 491.0045(6), F.S., with all documents necessary to demonstrate the emergency or hardship case experienced by the Registered Intern.  Upon establishment of an emergency or hardship case, as determined by the Board, the Board shall issue the Registered Intern a one-time exception by granting an extension of the Registered Intern’s registration status for up to 24 months from the date of the initial registration expiration.  The Board shall determine the length of the extension and no further exceptions or extensions are authorized by s. 491.0045, F.S. 

Rulemaking Authority 491.004(5) FS. Law Implemented 456.013, 456.0635, 491.0045, 491.005 FS. History–New 6-8-09, Amended 2-24-10, 10-17-10, 4-4-13, 2-9-16, 6-7-16, 9-1-16, 2-27-19,_____________ .

 

64B4-3.009 Limited Licenses.

(1) No change.

(2) Any person desiring to obtain a limited license shall submit a completed application to the Board on Form DH-MQA 1178, Application for Limited Licensure as a Clinical Social Worker, Marriage & Family Therapist or Mental Health Counselor (Revised 07/202011/18), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-          10294, or the Board’s website at http://www.floridasmentalhealthprofessions.gov/resources. The application shall be accompanied by the documents required by section 456.015(2), F.S., and a fee of $25 unless the applicant provides a notarized statement from the employer stating that the applicant will not receive monetary compensation for service involving the practice of his profession.

(3) No change.

Rulemaking Authority 456.015 FS. Law Implemented 456.013, 456.015, 456.0635 FS. History–New 11-13-96, Formerly 59P-3.009, Amended 6-8-09, 3-11-10, 5-12-16, 9-1-16, 2-27-19,                    .

 

64B4-3.010 Marriage and Family Therapy Dual Licensure.

Any psychologist licensed under chapter 490, F.S., clinical social worker or mental health counselor licensed under this chapter or any advanced registered nurse practitioner certified under section 464.012, F.S., and determined by the Board of Nursing to be a specialist in psychiatric mental health, desiring to obtain licensure as a marriage and family therapist shall submit a completed application to the Board on Form DH-MQA 1177, Marriage and Family Therapy Dual Licensure Application for Dual Licensure as a Marriage and Family Therapist (Revised 02/2011/18), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-  10292, or the Board’s website at http://www.floridasmentalhealthprofessions.gov/resources. The application shall be accompanied with the application fee and the initial active status license fee specified in rule 64B4-4.002, F.A.C.

Rulemaking Authority 491.004(5) FS. Law Implemented 456.013, 491.0057, 456.0635 FS. History–New 6-8-09, Amended 2-24-10, 5-12-16, 9-1-16, 2-27-19,                      .

 

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: June 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 24, 2020