Florida Senate - 2022 SB 358 By Senator Rodriguez 39-00389A-22 2022358__ Page 1 of 46 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to the Professional Counselors 2 Licensure Compact; creating s. 491.017, F.S.; creating 3 the Professional Counselors Licensure Compact; 4 providing purposes and objectives; defining terms; 5 specifying requirements for state participation in the 6 compact; specifying duties of member states; 7 authorizing member states to charge a fee for granting 8 a privilege to practice under the compact; specifying 9 that that compact does not affect an individual’s 10 ability to apply for, and a member state’s ability to 11 grant, a single state license pursuant to the laws of 12 that state; providing construction; providing for 13 recognition of the privilege to practice licensed 14 professional counseling in member states; specifying 15 criteria a licensed professional counselor must meet 16 for the privilege to practice under the compact; 17 providing for the expiration and renewal of the 18 privilege to practice; providing construction; 19 specifying that a licensee with a privilege to 20 practice in a remote state must adhere to the laws and 21 rules of that state; authorizing member states to act 22 on a licensee’s privilege to practice under certain 23 circumstances; specifying the consequences and 24 parameters of practice for a licensee whose privilege 25 to practice has been acted on or whose home state 26 license is encumbered; specifying that a licensed 27 professional counselor may hold a home state license 28 in only one member state at a time; specifying 29

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 2 of 46 CODING: Words stricken are deletions; words underlined are additions. requirements and procedures for changing a home state 30 license designation; providing construction; 31 authorizing active duty military personnel or their 32 spouses to keep their home state designation during 33 active duty; specifying how such individuals may 34 subsequently change their home state license 35 designation; providing for the recognition of the 36 practice of professional counseling through telehealth 37 in member states; specifying that licensees must 38 adhere to the laws and rules of the remote state in 39 which they provide professional counseling through 40 telehealth; authorizing member states to take adverse 41 actions against licensees and issue subpoenas for 42 hearings and investigations under certain 43 circumstances; providing requirements and procedures 44 for adverse action; authorizing member states to 45 engage in joint investigations under certain 46 circumstances; providing that a licensee’s privilege 47 to practice must be deactivated in all member states 48 for the duration of an encumbrance imposed by the 49 licensee’s home state; providing for notice to the 50 data system and the licensee’s home state of any 51 adverse action taken against a licensee; providing 52 construction; establishing the Counseling Compact 53 Commission; providing for the jurisdiction and venue 54 for court proceedings; providing construction; 55 providing for membership, meetings, and powers of the 56 commission; specifying powers and duties of the 57 commission’s executive committee; providing for the 58

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 3 of 46 CODING: Words stricken are deletions; words underlined are additions. financing of the commission; providing commission 59 members, officers, executive directors, employees, and 60 representatives immunity from civil liability under 61 certain circumstances; providing exceptions; requiring 62 the commission to defend the commission’s members, 63 officers, executive directors, employees, and 64 representative in civil actions under certain 65 circumstances; providing construction; requiring the 66 commission to indemnify and hold harmless such 67 individuals for any settlement or judgment obtained in 68 such actions under certain circumstances; providing 69 for the development of the data system, reporting 70 procedures, and the exchange of specified information 71 between member states; requiring the commission to 72 notify member states of any adverse action taken 73 against a licensee or applicant for licensure; 74 authorizing member states to designate as confidential 75 information provided to the data system; requiring the 76 commission to remove information from the data system 77 under certain circumstances; providing rulemaking 78 procedures for the commission; providing for member 79 state enforcement of the compact; specifying that the 80 compact and commission rules have standing as 81 statutory law in member states; specifying that the 82 commission is entitled to receive notice of process, 83 and has standing to intervene, in certain judicial and 84 administrative proceedings; rendering certain 85 judgments and orders void as to the commission, the 86 compact, or commission rules under certain 87

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 4 of 46 CODING: Words stricken are deletions; words underlined are additions. circumstances; providing for defaults and termination 88 of compact membership; providing procedures for the 89 resolution of certain disputes; providing for 90 commission enforcement of the compact; providing for 91 remedies; providing construction; providing for 92 implementation of, withdrawal from, and amendment to 93 the compact; providing construction; specifying that 94 licensees practicing in a remote state under the 95 compact must adhere to the laws and rules of the 96 remote state; providing construction; specifying that 97 the compact, commission rules, and commission actions 98 are binding on member states; providing construction 99 and severability; amending s. 456.073, F.S.; requiring 100 the Department of Health to report certain 101 investigative information to the data system; amending 102 s. 456.076, F.S.; requiring monitoring contracts for 103 impaired practitioners participating in treatment 104 programs to contain certain terms; amending s. 105 491.004, F.S.; requiring the Board of Clinical Social 106 Work, Marriage and Family Therapy, and Mental Health 107 Counseling to appoint an individual to serve as the 108 state’s delegate on the commission; amending ss. 109 491.005 and 491.006, F.S.; exempting certain persons 110 from licensure requirements; amending s. 491.009, 111 F.S.; authorizing certain disciplinary action under 112 the compact for specified prohibited acts; amending s. 113 768.28, F.S.; designating the state delegate and other 114 members or employees of the commission as state agents 115 for the purpose of applying waivers of sovereign 116

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 5 of 46 CODING: Words stricken are deletions; words underlined are additions. immunity; requiring the commission to pay certain 117 claims or judgments; authorizing the commission to 118 maintain insurance coverage to pay such claims or 119 judgments; providing an effective date. 120 121 Be It Enacted by the Legislature of the State of Florida: 122 123

Section

Section 491.017, Florida Statutes, is created to 124 read: 125 491.017 Professional Counselors Licensure Compact.—The 126 Professional Counselors Licensure Compact is hereby enacted and 127 entered into by this state with all other jurisdictions legally 128 joining therein in the form substantially as follows: 129 130

ARTICLE I 131 PURPOSE 132 The compact is designed to achieve the following purposes 133 and objectives: 134

(1) Facilitate interstate practice of licensed professional 135 counseling to increase public access to professional counseling 136 services by providing for the mutual recognition of other member 137 state licenses. 138

(2) Enhance the member states’ ability to protect the 139 public’s health and safety. 140

(3) Encourage the cooperation of member states in 141 regulating multistate practice of licensed professional 142 counselors. 143

(4) Support spouses of relocating active duty military 144 personnel. 145

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(5) Facilitate the exchange of information between member 146 states regarding licensure, investigations, adverse actions, and 147 disciplinary history of licensed professional counselors. 148

(6) Allow for the use of telehealth technology to 149 facilitate increased access to professional counseling services. 150

(7) Support the uniformity of professional counseling 151 licensure requirements throughout member states to promote 152 public safety and public health benefits. 153

(8) Provide member states with the authority to hold a 154 licensed professional counselor accountable for meeting all 155 state practice laws in the state in which the client is located 156 at the time care is rendered through the mutual recognition of 157 member state licenses. 158

(9) Eliminate the necessity for licensed professional 159 counselors to hold licenses in multiple states and provide 160 opportunities for interstate practice by licensed professional 161 counselors who meet uniform licensure requirements. 162 163

ARTICLE II 164

DEFINITIONS 165 As used in this compact, the term: 166 (1) “Active duty military” means full-time duty status in 167 the active uniformed service of the United States, including, 168 but not limited to, members of the National Guard and Reserve on 169 active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211. 170 (2) “Adverse action” means any administrative, civil, or 171 criminal action authorized by a state’s laws which is imposed by 172 a licensing board or other authority against a licensed 173 professional counselor, including actions against an 174

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 7 of 46 CODING: Words stricken are deletions; words underlined are additions. individual’s license or privilege to practice, such as 175 revocation, suspension, probation, monitoring of the licensee, 176 limitation on the licensee’s practice, issuance of a cease and 177 desist action, or any other encumbrance on licensure affecting a 178 licensed professional counselor’s authorization to practice. 179 (3) “Alternative program” means a nondisciplinary 180 monitoring or practice remediation process approved by a 181 professional counseling licensing board to address impaired 182 practitioners. 183 (4) “Continuing education” means a requirement, as a 184 condition of license renewal, to participate in or complete 185 educational and professional activities relevant to the 186 licensee’s practice or area of work. 187 (5) “Counseling Compact Commission” or “commission” means 188 the national administrative body whose membership consists of 189 all states that have enacted the compact. 190 (6) “Current significant investigative information” means: 191 (

a) Investigative information that a licensing board, after 192 a preliminary inquiry that includes notification and an 193 opportunity for the licensed professional counselor to respond, 194 if required by state law, has reason to believe is not 195 groundless and, if proved true, would indicate more than a minor 196 infraction; or 197 (

b) Investigative information that indicates that the 198 licensed professional counselor represents an immediate threat 199 to public health and safety, regardless of whether the licensed 200 professional counselor has been notified and had an opportunity 201 to respond. 202 (7) “Data system” means a repository of information about 203

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 8 of 46 CODING: Words stricken are deletions; words underlined are additions. licensees, including, but not limited to, information relating 204 to continuing education, examinations, licensure statuses, 205 investigations, the privilege to practice, and adverse actions. 206 (8) “Encumbered license” means a license in which an 207 adverse action restricts the practice of licensed professional 208 counseling by the licensee and said adverse action has been 209 reported to the National Practitioner Data Bank. 210 (9) “Encumbrance” means a revocation or suspension of, or 211 any limitation on, the full and unrestricted practice of 212 licensed professional counseling by a licensing board. 213 (10) “Executive committee” means a group of directors 214 elected or appointed to act on behalf of, and within the powers 215 granted to them by, the commission. 216 (11) “Home state” means the member state that is the 217 licensee’s primary state of residence. 218 (12) “Impaired practitioner” means an individual who has a 219 condition that may impair his or her ability to safely practice 220 as a licensed professional counselor without intervention.

Such 221 impairment may include, but is not limited to, alcohol or drug 222 dependence, mental health conditions, and neurological or 223 physical conditions. 224 (13) “Investigative information” means information, 225 records, or documents received or generated by a professional 226 counseling licensing board pursuant to an investigation. 227 (14) “Jurisprudence requirement,” if required by a member 228 state, means the assessment of an individual’s knowledge of the 229 laws and rules governing the practice of professional counseling 230 in a state. 231 (15) “Licensed professional counselor” means a mental 232

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chapter 491 or a counselor 233 licensed by a member state, regardless of the title used by that 234 state, to independently assess, diagnose, and treat behavioral 235 health conditions. 236 (16) “Licensee” means an individual who currently holds an 237 authorization from the state to practice as a licensed 238 professional counselor. 239 (17) “Licensing board” means the agency of a state, or 240 equivalent, that is responsible for the licensing and regulation 241 of licensed professional counselors. 242 (18) “Member state” means a state that has enacted the 243 compact. 244 (19) “Privilege to practice” means a legal authorization, 245 which is equivalent to a license, authorizing the practice of 246 professional counseling in a remote state. 247 (20) “Professional counseling” means the assessment, 248 diagnosis, and treatment of behavioral health conditions by a 249 licensed professional counselor. 250 (21) “Remote state” means a member state, other than the 251 home state, where a licensee is exercising or seeking to 252 exercise the privilege to practice. 253 (22) “Rule” means a regulation adopted by the commission 254 which has the force of law. 255 (23) “Single state license” means a licensed professional 256 counselor license issued by a member state which authorizes 257 practice only within the issuing state and does not include a 258 privilege to practice in any other member state. 259 (24) “State” means any state, commonwealth, district, or 260 territory of the United States of America which regulates the 261

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 10 of 46 CODING: Words stricken are deletions; words underlined are additions. practice of professional counseling. 262 (25) “Telehealth” means the application of 263 telecommunication technology to deliver professional counseling 264 services remotely to assess, diagnose, and treat behavioral 265 health conditions. 266 (26) “Unencumbered license” means a license that authorizes 267 a licensed professional counselor to engage in the full and 268 unrestricted practice of professional counseling. 269 270

ARTICLE III 271 STATE PARTICIPATION 272

(1) To participate in the compact, a state must currently 273 do all of the following: 274 (

a) License and regulate licensed professional counselors. 275 (

b) Require licensees to pass a nationally recognized exam 276 approved by the commission. 277 (

c) Require licensees to have a 60 semester hour, or 90 278 quarter hour, master’s degree in counseling or 60 semester 279 hours, or 90 quarter hours, of graduate coursework including all 280 of the following topic areas: 281 1. Professional counseling orientation and ethical 282 practice. 283 2. Social and cultural diversity. 284 3. Human growth and development. 285 4. Career development. 286 5. Counseling and helping relationships. 287 6. Group counseling and group work. 288 7. Diagnosis, assessment, testing, and treatment. 289 8. Research and program evaluation. 290

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 11 of 46 CODING: Words stricken are deletions; words underlined are additions. 9. Other areas as determined by the commission. 291 (

d) Require licensees to complete a supervised postgraduate 292 professional experience as defined by the commission. 293 (

e) Have a mechanism in place for receiving and 294 investigating complaints about licensees. 295

(2) A member state shall do all of the following: 296 (

a) Participate fully in the commission’s data system, 297 including using the commission’s unique identifier as defined in 298 rules adopted by the commission. 299 (

b) Notify the commission, in compliance with the terms of 300 the compact and rules adopted by the commission, of any adverse 301 action or the availability of investigative information 302 regarding a licensee. 303 (

c) Implement or utilize procedures for considering the 304 criminal history records of applicants for an initial privilege 305 to practice. These procedures must include the submission of 306 fingerprints or other biometric-based information by applicants 307 for the purpose of obtaining an applicant’s criminal history 308 record information from the Federal Bureau of Investigation and 309 the agency responsible for retaining that state’s criminal 310 records. 311 1.

A member state must fully implement a criminal 312 background check requirement, within a timeframe established by 313 rule, by receiving the results of the Federal Bureau of 314 Investigation record search and shall use the results in making 315 licensure decisions. 316 2. Communication between a member state and the commission 317 and among member states regarding the verification of 318 eligibility for licensure through the compact may not include 319

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 12 of 46 CODING: Words stricken are deletions; words underlined are additions. any information received from the Federal Bureau of 320 Investigation relating to a federal criminal records check 321 performed by a member state under Public Law 92-544. 322 (

d) Comply with the rules adopted by the commission. 323 (

e) Require an applicant to obtain or retain a license in 324 the home state and meet the home state’s qualifications for 325 licensure or renewal of licensure, as well as all other 326 applicable state laws. 327 (

f) Grant the privilege to practice to a licensee holding a 328 valid unencumbered license in another member state in accordance 329 with the terms of the compact and rules adopted by the 330 commission. 331 (

g) Provide for the attendance of the state’s commissioner 332 at the commission meetings. 333

(3) Member states may charge a fee for granting the 334 privilege to practice. 335

(4) Individuals not residing in a member state may continue 336 to apply for a member state’s single state license as provided 337 under the laws of each member state. However, the single state 338 license granted to these individuals may not be recognized as 339 granting a privilege to practice professional counseling under 340 the compact in any other member state. 341

(5) Nothing in this compact affects the requirements 342 established by a member state for the issuance of a single state 343 license. 344

(6) A professional counselor license issued by a home state 345 to a resident of that state must be recognized by each member 346 state as authorizing that licensed professional counselor to 347 practice professional counseling, under a privilege to practice, 348

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 13 of 46 CODING: Words stricken are deletions; words underlined are additions. in each member state. 349 350

ARTICLE IV 351 PRIVILEGE TO PRACTICE 352

(1) To exercise the privilege to practice under the terms 353 and provisions of the compact, the licensee must meet all of the 354 following criteria: 355 (

a) Hold a license in the home state. 356 (

b) Have a valid United States Social Security Number or 357 national provider identifier. 358 (

c) Be eligible for a privilege to practice in any member 359 state in accordance with subsections (4), (7), and (8). 360 (

d) Have not had any encumbrance or restriction against any 361 license or privilege to practice within the preceding 2 years. 362 (

e) Notify the commission that the licensee is seeking the 363 privilege to practice within a remote state. 364 (

f) Pay any applicable fees, including any state fee, for 365 the privilege to practice. 366 (

g) Meet any continuing education requirements established 367 by the home state. 368 (

h) Meet any jurisprudence requirements established by the 369 remote state in which the licensee is seeking a privilege to 370 practice. 371 (

i) Report to the commission any adverse action, 372 encumbrance, or restriction on a license taken by any nonmember 373 state within 30 days after the action is taken. 374

(2) The privilege to practice is valid until the expiration 375 date of the home state license. The licensee must continue to 376 meet the criteria specified in subsection (1) to renew the 377

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 14 of 46 CODING: Words stricken are deletions; words underlined are additions. privilege to practice in the remote state. 378

(3) For purposes of the compact, the practice of 379 professional counseling occurs in the state where the client is 380 located at the time of the counseling services. The compact does 381 not affect the regulatory authority of states to protect public 382 health and safety through their own system of state licensure. 383

(4) A licensee providing professional counseling in a 384 remote state under the privilege to practice must adhere to the 385 laws and regulations of the remote state. 386

(5) A licensee providing professional counseling services 387 in a remote state is subject to that state’s regulatory 388 authority. A remote state may, in accordance with due process 389 and that state’s laws, remove a licensee’s privilege to practice 390 in the remote state for a specified period of time, impose 391 fines, or take any other action necessary to protect the health 392 and safety of its residents. The licensee may be ineligible for 393 a privilege to practice in any member state until the specific 394 time for removal has passed and all fines are paid. 395

(6) If a home state license is encumbered, a licensee loses 396 the privilege to practice in any remote state until both of the 397 following conditions are met: 398 (

a) The home state license is no longer encumbered. 399 (

b) The licensee has not had any encumbrance or restriction 400 against any license or privilege to practice within the 401 preceding 2 years. 402

(7) Once an encumbered license in the licensee’s home state 403 is restored to good standing, the licensee may obtain a 404 privilege to practice in any remote state if he or she meets the 405 requirements of subsection (1). 406

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(8) If a licensee’s privilege to practice in any remote 407 state is removed, the individual may lose the privilege to 408 practice in all other remote states until all of the following 409 conditions are met: 410 (

a) The specified period of time for which the privilege to 411 practice was removed has ended. 412 (

b) The licensee has paid all fines imposed. 413 (

c) The licensee has not had any encumbrance or restriction 414 against any license or privilege to practice within the 415 preceding 2 years. 416

(9) Once the requirements of subsection (8) have been met, 417 the licensee may obtain a privilege to practice in a remote 418 state if he or she meets the requirements in subsection (1). 419 420

ARTICLE V 421 OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO 422 PRACTICE 423

(1) A licensed professional counselor may hold a home state 424 license, which allows for a privilege to practice in other 425 member states, in only one member state at a time. 426

(2) If a licensed professional counselor changes his or her 427 primary state of residence by moving between two member states, 428 then the licensed professional counselor must file an 429 application for obtaining a new home state license based on a 430 privilege to practice, pay all applicable fees, and notify the 431 current and new home state in accordance with applicable rules 432 adopted by the commission. 433

(3) Upon receipt of an application for obtaining a new home 434 state license based on a privilege to practice, the new home 435

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 16 of 46 CODING: Words stricken are deletions; words underlined are additions. state must verify that the licensed professional counselor meets 436 the criteria outlined in

article IV through the data system. The 437 new home state does not need to seek primary source verification 438 for information obtained from the data system, except for the 439 following: 440 (

a) A Federal Bureau of Investigation fingerprint-based 441 criminal background check, if not previously performed or 442 updated pursuant to applicable rules adopted by the commission 443 in accordance with Public Law 92-544; 444 (

b) Any other criminal background check as required by the 445 new home state; and 446 (

c) Proof of completion of any requisite jurisprudence 447 requirements of the new home state. 448

(4) The former home state shall convert the former home 449 state license into a privilege to practice once the new home 450 state has activated the new home state license in accordance 451 with applicable rules adopted by the commission. 452

(5) Notwithstanding any other provision of the compact, if 453 the licensed professional counselor does not meet the criteria 454 in

article IV, the new home state may apply its own requirements 455 for issuing a new single state license. 456

(6) The licensed professional counselor must pay all 457 applicable fees to the new home state in order to be issued a 458 new home state license for purposes of the compact. 459

(7) If a licensed professional counselor changes his or her 460 primary state of residence by moving from a member state to a 461 nonmember state or from a nonmember state to a member state, the 462 new state’s own criteria apply for issuance of a single state 463 license in the new state. 464

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(8) The compact does not interfere with a licensee’s 465 ability to hold a single state license in multiple states. 466 However, for the purposes of the compact, a licensee may have 467 only one home state license. 468

(9) The compact does not affect the requirements 469 established by a member state for the issuance of a single state 470 license. 471 472

ARTICLE VI 473 ACTIVE DUTY MILITARY PERSONNEL AND THEIR SPOUSES 474 Active duty military personnel, or their spouse, shall 475 designate a home state where the individual has a current 476 license in good standing. The individual may retain the home 477 state license designation during the period the service member 478 is on active duty. Subsequent to designating a home state, the 479 individual may change his or her home state only through 480 application for licensure in the new state or through the 481 process outlined in

article V. 482 483

ARTICLE VII 484 COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 485

(1) Member states shall recognize the right of a licensed 486 professional counselor, licensed by a home state in accordance 487 with

article III and under rules adopted by the commission, to 488 practice professional counseling in any member state through 489 telehealth under a privilege to practice as provided in the 490 compact and rules adopted by the commission. 491

(2) A licensee providing professional counseling services 492 in a remote state through telehealth under the privilege to 493

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ARTICLE VIII 496 ADVERSE ACTIONS 497

(1) In addition to the other powers conferred by state law, 498 a remote state has the authority, in accordance with existing 499 state due process law, to do any of the following: 500 (

a) Take adverse action against a licensed professional 501 counselor’s privilege to practice within that member state. 502 (

b) Issue subpoenas for both hearings and investigations 503 that require the attendance and testimony of witnesses or the 504 production of evidence. Subpoenas issued by a licensing board in 505 a member state for the attendance and testimony of witnesses or 506 the production of evidence from another member state must be 507 enforced in the latter state by any court of competent 508 jurisdiction, according to the practice and procedure of that 509 court applicable to subpoenas issued in proceedings pending 510 before it.

The issuing authority shall pay any witness fees, 511 travel expenses, mileage, and other fees required by the service 512 statutes of the state in which the witnesses or evidence is 513 located. 514

(2) Only the home state has the power to take adverse 515 action against a licensed professional counselor’s license 516 issued by the home state. 517

(3) For purposes of taking adverse action, the home state 518 shall give the same priority and effect to reported conduct 519 received from a member state as it would if the conduct had 520 occurred within the home state. The home state shall apply its 521 own state laws to determine appropriate action in such cases. 522

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(4) The home state shall complete any pending 523 investigations of a licensed professional counselor who changes 524 primary state of residence during the course of the 525 investigations. The home state may also take appropriate action 526 and shall promptly report the conclusions of the investigations 527 to the administrator of the data system. The administrator of 528 the data system shall promptly notify the new home state of any 529 adverse actions. 530

(5) A member state, if authorized by state law, may recover 531 from the affected licensed professional counselor the costs of 532 investigations and dispositions of any cases resulting from 533 adverse action taken against that licensed professional 534 counselor. 535

(6) A member state may take adverse action against a 536 licensed professional counselor based on the factual findings of 537 a remote state, provided that the member state follows its own 538 statutory procedures for taking adverse action. 539 (7)(

a) In addition to the authority granted to a member 540 state by its respective professional counseling practice act or 541 other applicable state law, any member state may participate 542 with other member states in joint investigations of licensees. 543 (

b) Member states shall share any investigative, 544 litigation, or compliance materials in furtherance of any joint 545 or individual investigation initiated under the compact. 546

(8) If adverse action is taken by the home state against 547 the license of a professional counselor, the licensed 548 professional counselor’s privilege to practice in all other 549 member states must be deactivated until all encumbrances have 550 been removed from the home state license. All home state 551

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(9) If a member state takes adverse action, it must 557 promptly notify the administrator of the data system. The 558 administrator shall promptly notify the licensee’s home state of 559 any adverse actions by remote states. 560

(10) Nothing in the compact overrides a member state’s 561 decision to allow a licensed professional counselor to 562 participate in an alternative program in lieu of adverse action. 563 564

ARTICLE IX 565 ESTABLISHMENT OF COUNSELING COMPACT COMMISSION 566

(1) COMMISSION CREATED.—The compact member states hereby 567 create and establish a joint public agency known as the 568 Counseling Compact Commission. 569 (

a) The commission is an instrumentality of the compact 570 states. 571 (

b) Venue is proper, and judicial proceedings by or against 572 the commission shall be brought solely and exclusively in a 573 court of competent jurisdiction where the principal office of 574 the commission is located. The commission may waive venue and 575 jurisdictional defenses to the extent that it adopts or consents 576 to participate in alternative dispute resolution proceedings. 577 (

c) Nothing in the compact may be construed to be a waiver 578 of sovereign immunity. 579

(2) MEMBERSHIP.— 580

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a) The commission shall consist of one voting delegate, 581 appointed by each member state’s licensing board. The 582 commission, by rule, shall establish a term of office for 583 delegates and may establish term limits. 584 (

b) The delegate must be either: 585 1. A current member of the licensing board at the time of 586 appointment, who is a licensed professional counselor or public 587 member; or 588 2. An administrator of the licensing board. 589 (

c) A delegate may be removed or suspended from office as 590 provided by the law of the state from which the delegate is 591 appointed. 592 (

d) The member state licensing board must fill any vacancy 593 occurring on the commission within 60 days. 594 (

e) Each delegate is entitled to one vote with regard to 595 the adoption of rules and creation of bylaws and shall otherwise 596 participate in the business and affairs of the commission. 597 (

f) A delegate shall vote in person or by such other means 598 as provided in the bylaws. The bylaws may provide for delegates’ 599 participation in meetings by telephone or other means of 600 communication. 601

(3) MEETINGS OF THE COMMISSION.— 602 (

a) The commission shall meet at least once during each 603 calendar year. Additional meetings must be held as set forth in 604 the bylaws. 605 (

b) All meetings must be open to the public, and public 606 notice of meetings must be given in the same manner as required 607 under the rulemaking provisions in

article XI. 608 (

c) The commission or the executive committee or other 609

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e) The commission shall keep minutes that fully and 642 clearly describe all matters discussed in a meeting and shall 643 provide a full and accurate

summary of actions taken, and the 644 reasons therefore, including a description of the views 645 expressed. All documents considered in connection with an action 646 must be identified in such minutes. All minutes and documents of 647 a closed meeting must remain under seal, subject to release by a 648 majority vote of the commission or order of a court of competent 649 jurisdiction. 650

(4) POWERS.—The commission may do any of the following: 651 (

a) Establish the fiscal year of the commission. 652 (

b) Establish bylaws. 653 (

c) Maintain its financial records in accordance with the 654 bylaws. 655 (

d) Meet and take actions that are consistent with the 656 compact and bylaws. 657 (

e) Adopt rules that are binding to the extent and in the 658 manner provided for in the compact. 659 (

f) Initiate and prosecute legal proceedings or actions in 660 the name of the commission, provided that the standing of any 661 state licensing board to sue or be sued under applicable law is 662 not affected. 663 (

g) Purchase and maintain insurance and bonds. 664 (

h) Borrow, accept, or contract for services of personnel, 665 including, but not limited to, employees of a member state. 666 (

i) Hire employees and elect or appoint officers; fix 667

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(6) FINANCING OF THE COMMISSION.— 727 (

a) The commission shall pay, or provide for the payment 728 of, the reasonable expenses of its establishment, organization, 729 and ongoing activities. 730 (

b) The commission may accept any appropriate revenue 731 sources, donations, or grants of money, equipment, supplies, 732 materials, or services. 733 (

c) The commission may levy and collect an annual 734 assessment from each member state or impose fees on other 735 parties to cover the cost of the operations and activities of 736 the commission and its staff. Such assessments and fees must be 737 in a total amount sufficient to cover its annual budget as 738 approved each year for which revenue is not provided by other 739 sources. The aggregate annual assessment amount must be 740 allocated based on a formula to be determined by the commission, 741 which shall adopt a rule binding on all member states. 742 (

d) The commission may not incur obligations of any kind 743 before securing the funds adequate to meet the same; nor may the 744 commission pledge the credit of any of the member states, except 745 by and with the authority of the member state. 746 (

e) The commission shall keep accurate accounts of all 747 receipts and disbursements. The receipts and disbursements of 748 the commission are subject to the audit and accounting 749 procedures established under its bylaws. However, all receipts 750 and disbursements of funds handled by the commission must be 751 audited annually by a certified or licensed public accountant, 752 and the report of the audit must be included in and become

part 753 of the annual report of the commission. 754

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(7) QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.— 755 (

a) The members, officers, executive director, employees, 756 and representatives of the commission are immune from suit and 757 liability, either personally or in their official capacity, for 758 any claim for damage to or loss of property or personal injury 759 or other civil liability caused by or arising out of any actual 760 or alleged act, error, or omission that occurred, or that the 761 person against whom the claim is made had a reasonable basis for 762 believing occurred, within the scope of commission employment, 763 duties, or responsibilities.

This paragraph may not be construed 764 to protect any such person from suit or liability for any 765 damage, loss, injury, or liability caused by the intentional or 766 willful or wanton misconduct of that person. 767 (

b) The commission shall defend any member, officer, 768 executive director, employee, or representative of the 769 commission in any civil action seeking to impose liability 770 arising out of any actual or alleged act, error, or omission 771 that occurred, or that the person against whom the claim is made 772 had a reasonable basis for believing occurred, within the scope 773 of commission employment, duties, or responsibilities, provided 774 that the actual or alleged act, error, or omission did not 775 result from that person’s intentional or willful or wanton 776 misconduct. This paragraph may not be construed to prohibit that 777 person from retaining his or her own counsel. 778 (

c) The commission shall indemnify and hold harmless any 779 member, officer, executive director, employee, or representative 780 of the commission for the amount of any settlement or judgment 781 obtained against that person arising out of any actual or 782 alleged act, error, or omission that occurred, or that such 783

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 28 of 46 CODING: Words stricken are deletions; words underlined are additions. person had a reasonable basis for believing occurred, within the 784 scope of commission employment, duties, or responsibilities, 785 provided that the actual or alleged act, error, or omission did 786 not result from the intentional or willful or wanton misconduct 787 of that person. 788 789

ARTICLE X 790 DATA SYSTEM 791

(1) The commission shall provide for the development, 792 operation, and maintenance of a coordinated database and 793 reporting system containing licensure, adverse action, and 794 investigative information on all licensed professional 795 counselors in member states. 796

(2) Notwithstanding any other provision of state law to the 797 contrary, a member state shall submit a uniform data set to the 798 data system on all licensees to whom the compact is applicable, 799 as required by the rules of the commission, including all of the 800 following: 801 (

a) Identifying information. 802 (

b) Licensure data. 803 (

c) Adverse actions against a license or privilege to 804 practice. 805 (

d) Nonconfidential information related to alternative 806 program participation. 807 (

e) Any denial of application for licensure and the reason 808 for such denial. 809 (

f) Current significant investigative information. 810 (

g) Other information that may facilitate the 811 administration of the compact, as determined by the rules of the 812

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 29 of 46 CODING: Words stricken are deletions; words underlined are additions. commission. 813

(3) Investigative information pertaining to a licensee in 814 any member state may be made available only to other member 815 states. 816

(4) The commission shall promptly notify all member states 817 of any adverse action taken against a licensee or an individual 818 applying for a license. Adverse action information pertaining to 819 a licensee in any member state must be made available to any 820 other member state. 821

(5) Member states reporting information to the data system 822 may designate information that may not be shared with the public 823 without the express permission of the reporting state. 824

(6) Any information submitted to the data system which is 825 subsequently required to be expunged by the laws of the member 826 state reporting the information must be removed from the data 827 system. 828 829

ARTICLE XI 830 RULEMAKING 831

(1) The commission shall adopt reasonable rules to 832 effectively and efficiently achieve the purposes of the compact. 833 If, however, the commission exercises its rulemaking authority 834 in a manner that is beyond the scope of the purposes of the 835 compact, or the powers granted hereunder, then such an action by 836 the commission is invalid and has no force or effect. 837

(2) The commission shall exercise its rulemaking powers 838 pursuant to the criteria set forth in this

article and the rules 839 adopted thereunder. Rules and amendments become binding as of 840 the date specified in each rule or amendment. 841

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(3) If a majority of the legislatures of the member states 842 rejects a rule by enactment of a statute or resolution in the 843 same manner used to adopt the compact within 4 years after the 844 date of adoption of the rule, such rule does not have further 845 force and effect in any member state. 846

(4) Rules or amendments to the rules must be adopted at a 847 regular or special meeting of the commission. 848

(5) Before adoption of a final rule by the commission, and 849 at least 30 days in advance of the meeting at which the rule 850 will be considered and voted upon, the commission shall file a 851 notice of proposed rulemaking: 852 (

a) On the website of the commission or other publicly 853 accessible platform; and 854 (

b) On the website of each member state’s professional 855 counseling licensing board or other publicly accessible platform 856 or in the publication in which each state would otherwise 857 publish proposed rules. 858

(6) The notice of proposed rulemaking must include: 859 (

a) The proposed time, date, and location of the meeting in 860 which the rule will be considered and voted upon; 861 (

b) The text of the proposed rule or amendment and the 862 reason for the proposed rule; 863 (

c) A request for comments on the proposed rule from any 864 interested person; and 865 (

d) The manner in which interested persons may submit 866 notice to the commission of their intention to attend the public 867 hearing and any written comments. 868

(7) Before adoption of a proposed rule, the commission must 869 allow persons to submit written data, facts, opinions, and 870

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(8) The commission shall grant an opportunity for a public 872 hearing before it adopts a rule or an amendment if a hearing is 873 requested by: 874 (

a) At least 25 persons who submit comments independently 875 of each other; 876 (

b) A state or federal governmental subdivision or agency; 877 or 878 (

c) An association that has at least 25 members. 879

(9) If a hearing is held on the proposed rule or amendment, 880 the commission must publish the place, time, and date of the 881 scheduled public hearing. If the hearing is held through 882 electronic means, the commission must publish the mechanism for 883 access to the electronic hearing. 884 (

a) All persons wishing to be heard at the hearing must 885 notify the executive director of the commission or other 886 designated member in writing of their desire to appear and 887 testify at the hearing at least 5 business days before the 888 scheduled date of the hearing. 889 (

b) Hearings must be conducted in a manner providing each 890 person who wishes to comment a fair and reasonable opportunity 891 to comment orally or in writing. 892 (

c) All hearings must be recorded. A copy of the recording 893 must be made available on request. 894 (

d) This

section may not be construed to require a separate 895 hearing on each rule. Rules may be grouped at hearings required 896 by this

section for the convenience of the commission. 897

(10) If the commission does not receive a written notice of 898 intent to attend the public hearing by interested parties, the 899

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 32 of 46 CODING: Words stricken are deletions; words underlined are additions. commission may proceed with adoption of the proposed rule 900 without a public hearing. 901

(11) Following the scheduled hearing date, or by the close 902 of business on the scheduled hearing date if the hearing was not 903 held, the commission shall consider all written and oral 904 comments received. 905

(12) The commission, by majority vote of all members, shall 906 take final action on the proposed rule and shall determine the 907 effective date of the rule based on the rulemaking record and 908 the full text of the rule. 909

(13) Upon determination that an emergency exists, the 910 commission may consider and adopt an emergency rule without 911 prior notice, opportunity for comment, or hearing, provided that 912 the usual rulemaking procedures provided in the compact and in 913 this

section are retroactively applied to the rule as soon as 914 reasonably possible, but no later than 90 days after the 915 effective date of the rule. For purposes of this subsection, an 916 emergency rule is one that must be adopted immediately in order 917 to: 918 (

a) Meet an imminent threat to public health, safety, or 919 welfare; 920 (

b) Prevent a loss of commission or member state funds; 921 (

c) Meet a deadline for the adoption of an administrative 922 rule established by federal law or rule; or 923 (

d) Protect public health and safety. 924

(14) The commission or an authorized committee of the 925 commission may direct revisions to a previously adopted rule or 926 amendment for purposes of correcting typographical errors, 927 errors in format, errors in consistency, or grammatical errors. 928

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 33 of 46 CODING: Words stricken are deletions; words underlined are additions. Public notice of any revision must be posted on the website of 929 the commission. Revisions are subject to challenge by any person 930 for a period of 30 days after posting. A revision may be 931 challenged only on grounds that the revision results in a 932 material change to a rule. A challenge must be made in writing 933 and delivered to the chair of the commission before the end of 934 the notice period.

If a challenge is not made, the revision 935 takes effect without further action. If a revision is 936 challenged, the revision may not take effect without the 937 approval of the commission. 938 939

ARTICLE XII 940 OVERSIGHT; DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION; 941 DISPUTE RESOLUTION; AND ENFORCEMENT 942

(1) OVERSIGHT.— 943 (

a) The executive, legislative, and judicial branches of 944 state government in each member state shall enforce the compact 945 and take all actions necessary and appropriate to effectuate the 946 compact’s purposes and intent. The compact and the rules adopted 947 thereunder have standing as statutory law. 948 (

b) All courts shall take judicial notice of the compact 949 and the rules in any judicial or administrative proceeding in a 950 member state pertaining to the subject matter of the compact 951 which may affect the powers, responsibilities, or actions of the 952 commission. 953 (

c) The commission is entitled to receive service of 954 process in any judicial or administrative proceeding specified 955 in paragraph (

b) and has standing to intervene in such a 956 proceeding for all purposes. Failure to provide service of 957

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 34 of 46 CODING: Words stricken are deletions; words underlined are additions. process to the commission renders a judgment or an order void as 958 to the commission, the compact, or adopted rules. 959

(2) DEFAULT, TECHNICAL ASSISTANCE, AND TERMINATION.— 960 (

a) If the commission determines that a member state has 961 defaulted in the performance of its obligations or 962 responsibilities under the compact or adopted rules, the 963 commission must: 964 1. Provide written notice to the defaulting state and other 965 member states of the nature of the default, the proposed means 966 of curing the default, and any other action to be taken by the 967 commission; and 968 2. Provide remedial training and specific technical 969 assistance regarding the default. 970 (

b) If a state in default fails to cure the default, the 971 defaulting state may be terminated from the compact upon an 972 affirmative vote of a majority of the member states, and all 973 rights, privileges, and benefits conferred by the compact are 974 terminated on the effective date of termination. A cure of the 975 default does not relieve the offending state of obligations or 976 liabilities incurred during the period of default. 977 (

c) Termination of membership in the compact may be imposed 978 only after all other means of securing compliance have been 979 exhausted. The commission shall submit a notice of intent to 980 suspend or terminate a defaulting member state to that state’s 981 governor, to the majority and minority leaders of that state’s 982 legislature, and to each member state. 983 (

d) A member state that has been terminated is responsible 984 for all assessments, obligations, and liabilities incurred 985 through the effective date of termination, including obligations 986

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 35 of 46 CODING: Words stricken are deletions; words underlined are additions. that extend beyond the effective date of termination. 987 (

e) The commission may not bear any costs related to a 988 member state that is found to be in default or that has been 989 terminated from the compact, unless agreed upon in writing 990 between the commission and the defaulting member state. 991 (

f) The defaulting member state may appeal the action of 992 the commission by petitioning the United States District Court 993 for the District of Columbia or the federal district where the 994 commission has its principal offices. The prevailing party must 995 be awarded all costs of such litigation, including reasonable 996 attorney fees. 997

(3) DISPUTE RESOLUTION.— 998 (

a) Upon request by a member state, the commission shall 999 attempt to resolve disputes related to the compact which arise 1000 among member states and between member and nonmember states. 1001 (

b) The commission shall adopt rules providing for both 1002 mediation and binding dispute resolution for disputes as 1003 appropriate. 1004

(4) ENFORCEMENT.— 1005 (

a) The commission, in the reasonable exercise of its 1006 discretion, shall enforce the provisions and rules of the 1007 compact. 1008 (

b) By majority vote, the commission may initiate legal 1009 action in the United States District Court for the District of 1010 Columbia or the federal district where the commission has its 1011 principal offices against a member state in default to enforce 1012 compliance with the compact and its adopted rules and bylaws. 1013 The relief sought may include both injunctive relief and 1014 damages. If judicial enforcement is necessary, the prevailing 1015

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c) The remedies under this

article are not the exclusive 1018 remedies to the commission. The commission may pursue any other 1019 remedies available under federal or state law. 1020 1021

ARTICLE XIII 1022 DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND 1023 ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT 1024

(1) The compact becomes effective on the date on which the 1025 compact is enacted into law in the 10th member state. The 1026 provisions that become effective at that time are limited to the 1027 powers granted to the commission relating to assembly and the 1028 adoption of rules. Thereafter, the commission shall meet and 1029 exercise rulemaking powers necessary for implementation and 1030 administration of the compact. 1031

(2) Any state that joins the compact subsequent to the 1032 commission’s initial adoption of the rules is subject to the 1033 rules as they exist on the date on which the compact becomes law 1034 in that state. Any rule that has been previously adopted by the 1035 commission has the full force and effect of law on the day the 1036 compact becomes law in that state. 1037

(3) Any member state may withdraw from the compact by 1038 enacting a statute repealing the compact. 1039 (

a) A member state’s withdrawal does not take effect until 1040 6 months after enactment of the repealing statute. 1041 (

b) Withdrawal does not affect the continuing requirement 1042 of the withdrawing state’s professional counseling licensing 1043 board to comply with the investigative and adverse action 1044

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 37 of 46 CODING: Words stricken are deletions; words underlined are additions. reporting requirements of the compact before the effective date 1045 of withdrawal. 1046

(4) The compact may not be construed to invalidate or 1047 prevent any professional counseling licensure agreement or other 1048 cooperative arrangement between a member state and a nonmember 1049 state which does not conflict with the compact. 1050

(5) The compact may be amended by the member states. An 1051 amendment to the compact is not effective and binding upon any 1052 member state until it is enacted into the laws of all member 1053 states. 1054

ARTICLE XIV 1055 BINDING EFFECT OF COMPACT AND OTHER LAWS 1056

(1) A licensee providing professional counseling services 1057 in a remote state under the privilege to practice shall adhere 1058 to the laws and regulations, including scope of practice, of the 1059 remote state. 1060

(2) The compact does not prevent the enforcement of any 1061 other law of a member state which is not inconsistent with the 1062 compact. 1063

(3) Any laws in a member state which conflict with the 1064 compact are superseded to the extent of the conflict. 1065

(4) Any lawful actions of the commission, including all 1066 rules and bylaws properly adopted by the commission, are binding 1067 on the member states. 1068

(5) All permissible agreements between the commission and 1069 the member states are binding in accordance with their terms. 1070

(6) If any provision of the compact exceeds the 1071 constitutional limits imposed on the legislature of any member 1072 state, the provision shall be ineffective to the extent of the 1073

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ARTICLE XV 1077 CONSTRUCTION AND SEVERABILITY 1078 The compact must be liberally construed so as to effectuate 1079 the purposes thereof.

The provisions of the compact are 1080 severable, and if any phrase, clause, sentence, or provision of 1081 the compact is declared to be contrary to the constitution of 1082 any member state or of the United States or the applicability 1083 thereof to any government, agency, person, or circumstance is 1084 held invalid, the validity of the remainder of the compact and 1085 the applicability thereof to any government, agency, person, or 1086 circumstance is not affected thereby.

If the compact is held 1087 contrary to the constitution of any member state, the compact 1088 remains in full force and effect as to the remaining member 1089 states and in full force and effect as to the member state 1090 affected as to all severable matters. 1091

Section 2. Subsection (10) of

section 456.073, Florida 1092 Statutes, is amended to read: 1093 456.073 Disciplinary proceedings.—Disciplinary proceedings 1094 for each board shall be within the jurisdiction of the 1095 department. 1096

(10) The complaint and all information obtained pursuant to 1097 the investigation by the department are confidential and exempt 1098 from s. 119.07(1) until 10 days after probable cause has been 1099 found to exist by the probable cause panel or by the department, 1100 or until the regulated professional or subject of the 1101 investigation waives his or her privilege of confidentiality, 1102

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 39 of 46 CODING: Words stricken are deletions; words underlined are additions. whichever occurs first. The department shall report any 1103 significant investigation information relating to a nurse 1104 holding a multistate license to the coordinated licensure 1105 information system pursuant to s. 464.0095, and any significant 1106 investigatory information relating to a health care practitioner 1107 practicing under the Professional Counselors Licensure Compact 1108 to the data system pursuant to s. 491.017.

Upon completion of 1109 the investigation and a recommendation by the department to find 1110 probable cause, and pursuant to a written request by the subject 1111 or the subject’s attorney, the department shall provide the 1112 subject an opportunity to inspect the investigative file or, at 1113 the subject’s expense, forward to the subject a copy of the 1114 investigative file.

Notwithstanding s. 456.057, the subject may 1115 inspect or receive a copy of any expert witness report or 1116 patient record connected with the investigation if the subject 1117 agrees in writing to maintain the confidentiality of any 1118 information received under this subsection until 10 days after 1119 probable cause is found and to maintain the confidentiality of 1120 patient records pursuant to s. 456.057. The subject may file a 1121 written response to the information contained in the 1122 investigative file.

Such response must be filed within 20 days 1123 of mailing by the department, unless an extension of time has 1124 been granted by the department. This subsection does not 1125 prohibit the department from providing such information to any 1126 law enforcement agency or to any other regulatory agency. 1127

Section 3. Subsection (5) of

section 456.076, Florida 1128 Statutes, is amended to read: 1129 456.076 Impaired practitioner programs.— 1130

(5) A consultant shall enter into a participant contract 1131

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 40 of 46 CODING: Words stricken are deletions; words underlined are additions. with an impaired practitioner and shall establish the terms of 1132 monitoring and shall include the terms in a participant 1133 contract.

In establishing the terms of monitoring, the 1134 consultant may consider the recommendations of one or more 1135 approved evaluators, treatment programs, or treatment providers. 1136 A consultant may modify the terms of monitoring if the 1137 consultant concludes, through the course of monitoring, that 1138 extended, additional, or amended terms of monitoring are 1139 required for the protection of the health, safety, and welfare 1140 of the public.

If the impaired practitioner is a health care 1141 practitioner practicing under the Professional Counselors 1142 Licensure Compact pursuant to s. 491.017, the terms of the 1143 monitoring contract must include the impaired practitioner’s 1144 withdrawal from all practice under the compact. 1145

Section 4. Subsection (8) is added to

section 491.004, 1146 Florida Statutes, to read: 1147 491.004 Board of Clinical Social Work, Marriage and Family 1148 Therapy, and Mental Health Counseling.— 1149

(8) The board shall appoint an individual to serve as the 1150 state’s delegate on the Counseling Compact Commission, as 1151 required under s. 491.017. 1152

Section 5. Subsection (6) is added to

section 491.005, 1153 Florida Statutes, to read: 1154 491.005 Licensure by examination.— 1155

(6) EXEMPTION.—A person licensed as a clinical social 1156 worker, marriage and family therapist, or mental health 1157 counselor in another state who is practicing under the 1158 Professional Counselors Licensure Compact pursuant to s. 1159 491.017, and only within the scope provided therein, is exempt 1160

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Section 6. Subsection (3) is added to

section 491.006, 1162 Florida Statutes, to read: 1163 491.006 Licensure or certification by endorsement.— 1164

(3) A person licensed as a clinical social worker, marriage 1165 and family therapist, or mental health counselor in another 1166 state who is practicing under the Professional Counselors 1167 Licensure Compact pursuant to s. 491.017, and only within the 1168 scope provided therein, is exempt from the licensure 1169 requirements of this section, as applicable. 1170

Section

Section 491.009, Florida Statutes, is amended to 1171 read: 1172 491.009 Discipline.— 1173

(1) The following acts constitute grounds for denial of a 1174 license or disciplinary action, as specified in s. 456.072(2) or 1175 s. 491.017: 1176 (

a) Attempting to obtain, obtaining, or renewing a license, 1177 registration, or certificate under this

chapter by bribery or 1178 fraudulent misrepresentation or through an error of the board or 1179 the department. 1180 (

b) Having a license, registration, or certificate to 1181 practice a comparable profession revoked, suspended, or 1182 otherwise acted against, including the denial of certification 1183 or licensure by another state, territory, or country. 1184 (

c) Being convicted or found guilty of, regardless of 1185 adjudication, or having entered a plea of nolo contendere to, a 1186 crime in any jurisdiction which directly relates to the practice 1187 of his or her profession or the ability to practice his or her 1188 profession. However, in the case of a plea of nolo contendere, 1189

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 42 of 46 CODING: Words stricken are deletions; words underlined are additions. the board shall allow the person who is the subject of the 1190 disciplinary proceeding to present evidence in mitigation 1191 relevant to the underlying charges and circumstances surrounding 1192 the plea. 1193 (

d) False, deceptive, or misleading advertising or 1194 obtaining a fee or other thing of value on the representation 1195 that beneficial results from any treatment will be guaranteed. 1196 (

e) Advertising, practicing, or attempting to practice 1197 under a name other than one’s own. 1198 (

f) Maintaining a professional association with any person 1199 who the applicant, licensee, registered intern, or 1200 certificateholder knows, or has reason to believe, is in 1201 violation of this

chapter or of a rule of the department or the 1202 board. 1203 (

g) Knowingly aiding, assisting, procuring, or advising any 1204 nonlicensed, nonregistered, or noncertified person to hold 1205 himself or herself out as licensed, registered, or certified 1206 under this chapter. 1207 (

h) Failing to perform any statutory or legal obligation 1208 placed upon a person licensed, registered, or certified under 1209 this chapter. 1210 (

i) Willfully making or filing a false report or record; 1211 failing to file a report or record required by state or federal 1212 law; willfully impeding or obstructing the filing of a report or 1213 record; or inducing another person to make or file a false 1214 report or record or to impede or obstruct the filing of a report 1215 or record. Such report or record includes only a report or 1216 record which requires the signature of a person licensed, 1217 registered, or certified under this chapter. 1218

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j) Paying a kickback, rebate, bonus, or other remuneration 1219 for receiving a patient or client, or receiving a kickback, 1220 rebate, bonus, or other remuneration for referring a patient or 1221 client to another provider of mental health care services or to 1222 a provider of health care services or goods; referring a patient 1223 or client to oneself for services on a fee-paid basis when those 1224 services are already being paid for by some other public or 1225 private entity; or entering into a reciprocal referral 1226 agreement. 1227 (

k) Committing any act upon a patient or client which would 1228 constitute sexual battery or which would constitute sexual 1229 misconduct as defined pursuant to s. 491.0111. 1230 (

l) Making misleading, deceptive, untrue, or fraudulent 1231 representations in the practice of any profession licensed, 1232 registered, or certified under this chapter. 1233 (

m) Soliciting patients or clients personally, or through 1234 an agent, through the use of fraud, intimidation, undue 1235 influence, or a form of overreaching or vexatious conduct. 1236 (

n) Failing to make available to a patient or client, upon 1237 written request, copies of tests, reports, or documents in the 1238 possession or under the control of the licensee, registered 1239 intern, or certificateholder which have been prepared for and 1240 paid for by the patient or client. 1241 (

o) Failing to respond within 30 days to a written 1242 communication from the department or the board concerning any 1243 investigation by the department or the board, or failing to make 1244 available any relevant records with respect to any investigation 1245 about the licensee’s, registered intern’s, or 1246 certificateholder’s conduct or background. 1247

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p) Being unable to practice the profession for which he or 1248 she is licensed, registered, or certified under this

chapter 1249 with reasonable skill or competence as a result of any mental or 1250 physical condition or by reason of illness; drunkenness; or 1251 excessive use of drugs, narcotics, chemicals, or any other 1252 substance.

In enforcing this paragraph, upon a finding by the 1253 State Surgeon General, the State Surgeon General’s designee, or 1254 the board that probable cause exists to believe that the 1255 licensee, registered intern, or certificateholder is unable to 1256 practice the profession because of the reasons stated in this 1257 paragraph, the department shall have the authority to compel a 1258 licensee, registered intern, or certificateholder to submit to a 1259 mental or physical examination by psychologists, physicians, or 1260 other licensees under this chapter, designated by the department 1261 or board.

If the licensee, registered intern, or 1262 certificateholder refuses to comply with such order, the 1263 department’s order directing the examination may be enforced by 1264 filing a petition for enforcement in the circuit court in the 1265 circuit in which the licensee, registered intern, or 1266 certificateholder resides or does business. The licensee, 1267 registered intern, or certificateholder against whom the 1268 petition is filed may shall not be named or identified by 1269 initials in any public court records or documents, and the 1270 proceedings shall be closed to the public.

The department shall 1271 be entitled to the

summary procedure provided in s. 51.011. A 1272 licensee, registered intern, or certificateholder affected under 1273 this paragraph shall at reasonable intervals be afforded an 1274 opportunity to demonstrate that he or she can resume the 1275 competent practice for which he or she is licensed, registered, 1276

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 45 of 46 CODING: Words stricken are deletions; words underlined are additions. or certified with reasonable skill and safety to patients. 1277 (

q) Performing any treatment or prescribing any therapy 1278 which, by the prevailing standards of the mental health 1279 professions in the community, would constitute experimentation 1280 on human subjects, without first obtaining full, informed, and 1281 written consent. 1282 (

r) Failing to meet the minimum standards of performance in 1283 professional activities when measured against generally 1284 prevailing peer performance, including the undertaking of 1285 activities for which the licensee, registered intern, or 1286 certificateholder is not qualified by training or experience. 1287 (

s) Delegating professional responsibilities to a person 1288 whom the licensee, registered intern, or certificateholder knows 1289 or has reason to know is not qualified by training or experience 1290 to perform such responsibilities. 1291 (

t) Violating a rule relating to the regulation of the 1292 profession or a lawful order of the department or the board 1293 previously entered in a disciplinary hearing. 1294 (

u) Failure of the licensee, registered intern, or 1295 certificateholder to maintain in confidence a communication made 1296 by a patient or client in the context of such services, except 1297 as provided in s. 491.0147. 1298 (

v) Making public statements which are derived from test 1299 data, client contacts, or behavioral research and which identify 1300 or damage research subjects or clients. 1301 (

w) Violating any provision of this

chapter or

chapter 456, 1302 or any rules adopted pursuant thereto. 1303 (2)(

a) The board or, in the case of certified master social 1304 workers, the department may enter an order denying licensure or 1305

Florida Senate - 2022 SB 358 39-00389A-22 2022358__ Page 46 of 46 CODING: Words stricken are deletions; words underlined are additions. imposing any of the penalties authorized in s. 456.072(2) 1306 against any applicant for licensure or any licensee who violates 1307 subsection (1) or s. 456.072(1). 1308 (

b) The board may take adverse action against a clinical 1309 social worker’s, a marriage and family therapist’s, or a mental 1310 health counselor’s privilege to practice under the Professional 1311 Counselors Licensure Compact pursuant to s. 491.017 and may 1312 impose any of the penalties in s. 456.072(2) if the clinical 1313 social worker, marriage and family therapist, or mental health 1314 counselor commits

an act specified in subsection (1) or s. 1315 456.072(1). 1316

Section 8. Paragraph (

h) is added to subsection (10) of 1317

section 768.28, Florida Statutes, to read: 1318 768.28 Waiver of sovereign immunity in tort actions; 1319 recovery limits; civil liability for damages caused during a 1320 riot; limitation on attorney fees; statute of limitations; 1321 exclusions; indemnification; risk management programs.— 1322 (10) 1323 (

h) For purposes of this section, the individual appointed 1324 under s. 491.004(8) as the state’s delegate on the Counseling 1325 Compact Commission, when serving in that capacity pursuant to s. 1326 491.017, and any administrator, officer, executive director, 1327 employee, or representative of the commission, when acting 1328 within the scope of his or her employment, duties, or 1329 responsibilities in this state, is considered an agent of the 1330 state. The commission shall pay any claims or judgments pursuant 1331 to this

section and may maintain insurance coverage to pay any 1332 such claims or judgments. 1333

Section 9. This act shall take effect July 1, 2022. 1334