Chapter 491 — Chapter 491
28 sections in this chapter.
Fla. Stat. § 491.002 Intent
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The Legislature finds that as society becomes increasingly complex, emotional survival is equal in importance to physical survival. Therefore, in order to preserve the health, safety, and welfare of the public, the Legislature must provide privileged communication for members of …
Fla. Stat. § 491.003 Definitions
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As used in this chapter:(1) “Board” means the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling.(2) “Clinical social worker” means a person licensed under this chapter to practice clinical social work.(3) “Clinical social work experience” is…
Fla. Stat. § 491.004 Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling
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(1) There is created within the department the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling composed of nine members appointed by the Governor and confirmed by the Senate.(2)(a) Six members of the board shall be persons licensed under t…
Fla. Stat. § 491.0045 Intern registration; requirements
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1(1) An individual who has not satisfied the postgraduate or post-master’s level experience requirements, as specified in s. 491.005(1)(c), (3)(c), or (4)(c), must register as an intern in the profession for which he or she is seeking licensure before commencing the post-master’s…
Fla. Stat. § 491.0046 Provisional license; requirements
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(1) An individual applying for licensure by examination who has satisfied the clinical experience requirements of s. 491.005 or an individual applying for licensure by endorsement pursuant to s. 491.006 intending to provide clinical social work, marriage and family therapy, or me…
Fla. Stat. § 491.005 Licensure by examination
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1(1) CLINICAL SOCIAL WORK.—Upon verification of documentation and payment of a fee not to exceed $200, as set by board rule, the department shall issue a license as a clinical social worker to an applicant whom the board certifies has met all of the following criteria:(a) Submitt…
Fla. Stat. § 491.0057 Dual licensure as a marriage and family therapist
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The department shall license as a marriage and family therapist any person who demonstrates to the board that he or she:(1) Holds a valid, active license as a psychologist under chapter 490 or as a clinical social worker or mental health counselor under this chapter, or is licens…
Fla. Stat. § 491.006 Licensure or certification by endorsement
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1(1) The department shall license or grant a certificate to a person in a profession regulated by this chapter who, upon applying to the department and remitting the appropriate fee, demonstrates to the board that he or she meets the requirements for licensure by endorsement unde…
Fla. Stat. § 491.0065 Requirement for instruction on HIV and AIDS
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The board shall require, as a condition of granting a license under this chapter, that an applicant making initial application for licensure complete an education course acceptable to the board on human immunodeficiency virus and acquired immune deficiency syndrome. An applicant …
Fla. Stat. § 491.007 Renewal of license, registration, or certificate
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(1) The board or department shall prescribe by rule a method for the biennial renewal of licenses or certificates at a fee set by rule, not to exceed $250.(2) Each applicant for renewal shall present satisfactory evidence that, in the period since the license or certificate was i…
Fla. Stat. § 491.008 Inactive status; reactivation of licenses; fees
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(1) Inactive status is the licensure status that results when a licensee has applied to be placed on inactive status and has paid a $50 fee to the department.(a) An inactive license may be renewed biennially for $50 per biennium.(b) An inactive license may be reactivated by submi…
Fla. Stat. § 491.0085 Continuing education and laws and rules courses; approval of providers, programs, and courses; proof of completion
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(1) Continuing education providers, programs, and courses and laws and rules courses and their providers and programs shall be approved by the department or the board.(2) The department or the board has the authority to set a fee not to exceed $200 for each applicant who applies …
Fla. Stat. § 491.009 Discipline
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(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2) or s. 491.017:(a) Attempting to obtain, obtaining, or renewing a license, registration, or certificate under this chapter by bribery or fraudulent misrepresenta…
Fla. Stat. § 491.0111 Sexual misconduct
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Sexual misconduct by any person licensed or certified under this chapter, in the practice of her or his profession, is prohibited. Sexual misconduct shall be defined by rule.
Fla. Stat. § 491.0112 Sexual misconduct by a psychotherapist; penalties
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(1) Any psychotherapist who commits sexual misconduct with a client, or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.08…
Fla. Stat. § 491.012 Violations; penalty; injunction
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(1) It is unlawful and a violation of this chapter for any person to:(a) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a clinical social worker issued pursuant to this chapter:1. “Licensed clinical social worker.”2. “Clinic…
Fla. Stat. § 491.014 Exemptions
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(1) No provision of this chapter shall be construed to limit the practice of physicians licensed pursuant to chapter 458 or chapter 459, or psychologists licensed pursuant to chapter 490, so long as they do not unlawfully hold themselves out to the public as possessing a license,…
Fla. Stat. § 491.0141 Practice of hypnosis
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A person licensed under this chapter who is qualified as determined by the board may practice hypnosis as defined in s. 485.003(1). The provisions of this chapter may not be interpreted to limit or affect the right of any person qualified pursuant to chapter 485 to practice hypno…
Fla. Stat. § 491.0143 Practice of sex therapy
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Only a person licensed by this chapter who meets the qualifications set by the board may hold herself or himself out as a sex therapist. The board shall define these qualifications by rule. In establishing these qualifications, the board may refer to the sexual disorder and sexua…
Fla. Stat. § 491.0144 The practice of juvenile sexual offender therapy
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Only a person licensed by this chapter who meets the qualifications set by the board may hold himself or herself out as a juvenile sexual offender therapist, except as provided in s. 490.0145. These qualifications shall be determined by the board. The board shall require training…
Fla. Stat. § 491.0145 Certified master social worker
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The department may certify an applicant for a designation as a certified master social worker upon the following conditions:(1) The applicant completes an application to be provided by the department and pays a nonrefundable fee not to exceed $250 to be established by rule of the…
Fla. Stat. § 491.0147 Confidentiality and privileged communications
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Any communication between any person licensed or certified under this chapter and her or his patient or client is confidential.(1) This privilege may be waived under the following conditions:(a) When the person licensed or certified under this chapter is a party defendant to a ci…
Fla. Stat. § 491.0148 Records
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Each psychotherapist who provides services as defined in this chapter shall maintain records. The board may adopt rules defining the minimum requirements for records and reports, including content, length of time records shall be maintained, and transfer of either the records or …
Fla. Stat. § 491.0149 Display of license; use of professional title on promotional materials
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(1)(a) A person licensed under this chapter as a clinical social worker, marriage and family therapist, or mental health counselor, or certified as a master social worker shall conspicuously display the valid license issued by the department or a true copy thereof at each locatio…
Fla. Stat. § 491.015 Duties of the department as to certified master social workers
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(1) All functions reserved to boards under chapter 456 shall be exercised by the department with respect to the regulation of certified master social workers and in a manner consistent with the exercise of its regulatory functions.(2) The department shall adopt rules to implement…
Fla. Stat. § 491.016 Social work; use of title
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(1) A social worker is not authorized to conduct clinical social work without obtaining and possessing a license or certification issued pursuant to this chapter.(2) It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person, f…
Fla. Stat. § 491.017 Professional Counselors Licensure Compact
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The Professional Counselors Licensure Compact is hereby enacted and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:ARTICLE IPURPOSEThe compact is designed to achieve the following purposes and objectives:(1) Fa…
Fla. Stat. § 491.018 Professional Counselors Licensure Compact; public records and meetings exemptions
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(1) A counselor’s personal identifying information, other than the counselor’s name, licensure status, or licensure number, obtained from the data system, as described in Article X of s. 491.017, and held by the department or the Board of Clinical Social Work, Marriage and Family…