SB203: Bill Text

SB203,38,2 457.26 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the appropriate section of the examining board may reprimand a certificate credential holder or deny, limit, suspend or revoke a certificate credential under this chapter if it finds that the applicant or certificate credential holder has done any of the following:

SB203,38,4 (a) Made a material misstatement in an application for a certificate credential or for renewal of a certificate credential.

SB203,38,8 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of social work, advanced practice social work, independent social work, clinical social work, clinical marriage and family therapy or clinical professional counseling.

SB203, s. 108 Section 108. 457.26 (2) (e) of the statutes is amended to read:

SB203,38,13 457.26 (2) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced social work, advanced practice social work, independent social work, clinical social work, clinical marriage and family therapy or clinical professional counseling while his or her ability to practice was impaired by alcohol or other drugs.

SB203, s. 109 Section 109. 457.26 (2) (f) of the statutes is amended to read:

SB203,38,17 457.26 (2) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 457.03 (2) (1) (b), (be), (bm) or (bs).

SB203, s. 110 Section 110. 457.26 (2) (g) of the statutes is amended to read:

SB203,38,24 457.26 (2) (g) Performed social work, advanced practice social work or independent social work services in violation of the rules promulgated under s. 457.03 (2) (1) (b) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, clinical marriage and family therapy or clinical professional counseling which evidences a lack of knowledge or ability to apply professional principles or skills.

SB203, s. 111 Section 111. 895.70 (1) (e) of the statutes is amended to read:

SB203,39,4 895.70 (1) (e) "Therapist" means a physician, psychologist, social worker, clinical marriage and family therapist, clinical professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

SB203, s. 112 Section 112. 905.04 (1) (bm) of the statutes is amended to read:

SB203,39,9 905.04 (1) (bm) "Marriage and family therapist" means an individual who is certified licensed as a clinical marriage and family therapist under ch. 457 or an individual reasonably believed by the patient to be a clinical marriage and family therapist.

SB203, s. 113 Section 113. 905.04 (1) (dm) of the statutes is amended to read:

SB203,39,13 905.04 (1) (dm) "Professional counselor" means an individual who is certified licensed as a professional counselor under ch. 457 or an individual reasonably believed by the patient to be a professional counselor.

SB203, s. 114 Section 114. 940.22 (1) (i) of the statutes is amended to read:

SB203,39,18 940.22 (1) (i) "Therapist" means a physician, psychologist, social worker, clinical marriage and family therapist, clinical professional counselor, nurse, chemical dependency counselor, member of the clergy or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy.

SB203, s. 115 Section 115. Nonstatutory provisions.

SB203,39,20 (1) Definitions. In this Section:

SB203,39,21 (a) "Department" means the department of regulation and licensing.

SB203,39,23 (b) "Examining board" means the social work, marriage and family therapy and professional counseling examining board.

SB203,39,25 (2) Examining board membership. Notwithstanding section 15.405 (7c) (a), (am) and (b) of the statutes, as affected by this act:

SB203,40,4 (a) A member of the examining board who was appointed on or before the effective date of this paragraph may continue to serve as a member of the examining board until the end of his or her appointed term, except for a member whose appointed term expires on or before January 1, 2002.

SB203,40,9 (b) The secretary of the department shall assign the public members of the examining board who were appointed on or before the effective date of this paragraph for terms that expire after January 1, 2002, to serve on either the certification or the licensure section of the examining board, except for one public member who shall be assigned to serve on both sections.

SB203,40,10 (3) Transitional provisions.

SB203,40,16 (a) Duties of examining board sections. Notwithstanding sections 457.08 (4) (intro.), (b), (c) (intro.), 1., 2. and 3. and (d), 457.09 (1) (intro.), (a), (c) and (d), 457.10 (intro.), (2) (intro.), (3) (intro.), (a), (b) and (c) and (4), 457.12 (intro.), (2), (3) (intro.), (a) (intro.), 1., 2. and 3., (b) (intro.), 1., 2. and 3. and (4), 457.13 (1) (intro.), (a) and (d), 457.14 and 457.15 (1) (a), (b), (c) and (d), (2) and (3) of the statutes, as affected by this act, on the effective date of this paragraph:

SB203,40,21 1. The licensure section of the examining board shall grant a clinical social worker license under section 457.08 (4) of the statutes, as affected by this act, to any person who holds a valid independent clinical social worker certificate that was granted by the social worker section of the examining board before the effective date of this subdivision.

SB203,41,7 2. The certification section of the examining board shall grant a social worker training permit under section 457.09 (1) of the statutes, as affected by this act, to any person who holds a valid social worker training certificate that was granted by the social worker section of the examining board before the effective date of this subdivision. Notwithstanding section 457.09 (3) (a) and (b) of the statutes, as affected by this act, a social worker training permit granted under this subdivision is valid for 24 months beginning after the date on which the social worker section of the examining board granted the social worker training certificate to the person or until the date on which the person receives the results of the examination that he or she has taken under section 457.09 (5) (a) of the statutes, as affected by this act, whichever occurs first.

SB203,41,12 3. The licensure section of the examining board shall grant a clinical marriage and family therapist license under section 457.10 of the statutes, as affected by this act, to any person who holds a valid marriage and family therapist certificate that was granted by the marriage and family therapy section of the examining board before the effective date of this subdivision.

SB203,41,17 4. The licensure section of the examining board shall grant a clinical professional counselor license under section 457.12 of the statutes, as affected by this act, to any person who holds a valid professional counselor certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision.

SB203,42,3 5. The licensure counselor section of the examining board shall grant a clinical professional counselor training permit under section 457.13 (1) of the statutes, as affected by this act, to any person who holds a valid professional counselor training certificate that was granted by the professional counselor section of the examining board before the effective date of this subdivision. Notwithstanding section 457.13 (2) of the statutes, as affected by this act, a professional counselor training permit granted pursuant to this subdivision is valid for 24 months beginning after the date on which the professional counselor section of the examining board granted the professional counselor training certificate or until the date on which the person ceases to be employed in a position specified under section 457.13 (1) (d) of the statutes, whichever occurs first.

SB203,42,13 6. The licensure section of the examining board shall grant a temporary clinical social worker, clinical marriage and family therapist or clinical professional counselor license under section 457.14 of the statutes, as affected by this act, to any person who holds a valid temporary independent clinical social worker, marriage and family therapist or professional counselor certificate that was granted by a section of the examining board before the effective date of this subdivision. A temporary license granted pursuant to this subdivision is valid only for the period of time designated by the section of the examining board for the temporary certificate granted to the person. If the temporary certificate was renewed once by the section, the temporary license may not be renewed.

SB203,42,19 7. The licensure section of the examining board shall grant a reciprocal clinical social worker, clinical marriage and family therapist or clinical professional counselor license under section 457.15 of the statutes, as affected by this act, to any person who holds a valid reciprocal independent clinical social worker, marriage and family therapist or professional counselor certificate granted by a section of the examining board before the effective date of this subdivision.

SB203,42,22 (b) Duty of department. The department shall issue a certificate of licensure under section 457.20 (1) of the statutes, as affected by this act, to any person who is granted a license under paragraph (a ).

SB203, s. 116 Section 116. Effective date.

SB203,43,2 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB203,43,3 (End)