Florida Statue 491 and Rule 64B4 Review

Introduction

There is always regulatory law for everything in the world, which are mostly developed under state governing bodies in which government engage countrywide or state level association in which the field professionals are involved, and they are regulating under government umbrella to oversee the regulation with regards to their field. Mostly in their working, they work on making rules for the field service provider, laws and defining their parameters of working and taking up the issue of the individual on board and handle it on behalf of the government. Also, they provide a license to the service provider to ensure its legal status and they are also having the right to take action against the service provider if they found in the field.

Same like in the Florida State there is Association for facilitating the field of psychological counselors in which social workers, marriage, family therapy and mental health counselors are provided with the license. Florida Board of Clinical social work, Marriage and mental health counseling was legislatively established to ensure everyone is fulfilling the requirement in mention practicing fields. The board is officially from the status of government responsible for monitoring, educating the workers with essential things, assuring transparency, and making out discipline for everything, licensing and ensuring best facilitation from the service provider to public and facilitating their complaints.

As in future, I want to be in the field of counseling; there are some mention laws which been asked to review are; FS 491 and 64B4 which are important to know before applying for the license appliance. For this, we are going to discuss some laws from both of the statues which will help us to understand the things to adopt, practice and avoid while you are going to pursue a professional career in psychological counseling.

            FS 491 which had some fresh addition in 2017 and we look up to this chapter 491 of Federal Statues in brief. It mostly focuses the Clinical, Counseling and Psychotherapy services. The chapter articles as follows:

1. 491-002 Intent

It defines the aim and purpose of regulating these services under law and order. As the world is moderating issues are rising on list day my day with physical health now mental health become the important status of health and services. This article focus on settling aims for making best provision public utilizing best professional and qualified people in the field where they could help the public with emotional survival. Also, it aims to remove the endangered and affecting tangible or intangible things from society to provide safety and welfare to people. It aims to create cooperation between the professional under one umbrella organization and assist public with their informed choices but with social responsibility.

1. 491-003 Definitions

It mostly differentiates between uses of the different definition in this chapter. There about seventeen terminologies are defined within brief with their sections. It defines just with the meaning of terms and able to differentiate during reading paper. For example, the Clinical social worker is one practicing clinical social work. Does it talk about who is who? It helps to know the differentiation between the different categorization of psychological service and which can be understood easily later on reading the chapter.

 

1. 491.004 Board of Clinical work, Marriage and Family therapy and Mental Health Counseling

This article defines the structure and composition of the board and their structure in which they are going to function and facilitate their service. A board will be composed of nine members who will be appointed from the order of government and been confirmed by the Senate formally. The six members should be license holder from the board and practice their field and facilitate the society with their services. In these members, two will be clinical social workers, marriage, and family therapists, two will be having a background of mental health counselors. The three members will be a citizen of states but having no link with the any of field and will function as per purpose. In this article their term for service also been highlighted in which three members will be serving for two years, 3 for three years and the other will be appointed for four years of tenure. The board is responsible to main the official headquarters in Tallahassee. They are also applied to the provision of Chapter 456 and shall adopt the rule of 120.536 and 120.54 to enforce the provision.

1. 491.005 intern registration; Requirements

It defines the facilitation of intern registration to pursue their learning in the practical field which is unique opportunities for a fresh graduate to learn in a good environment. There is 7 section with clauses also mentioned in it. In point what it defines the status of the license pursuer like they should be fresh graduate this, they will need to practice infield properly. In point two it defines the process of registration. In this, they have to identify a supervisor and have to submit their detail. The point 4 says that if anyone fails to do it, they will not be provided with a license under this chapter under different article provisions. The point 5 tell the validity of license which is five years and point 6 talks about the expiration process and terms and condition to be implied on the subject.

1. 491.0046 Provisional License requirements

It talks about the person applying for licensure and eligibility with the brief criteria with having 4 section and their clauses.  Point 1 highlight the eligible person applying for it in which it says a person should fulfill 491.005 with the endorsement of 491.006 in the term to provide services and they also need experience certification. Point 2 brief about the criteria which Is might close to the process of intern registration, in clause C of point 2 it defines different categories appliance procedure in with looking to academic side with theories and techniques. Point 3 explains a person should have worked with a licensed mental health professional and define already by the board. The license tenure is given, and it ended after two years of issued date which also cannot be applied for reissue.

1. 491.0057 Dual Licensure as marriage and family therapist

It defines the eligibility of a person who can have a dual license as a family therapist and marriage counselor and in which they can apply it but under the three sections which are demonstrated in the article. In section one it defines the validity of it in term of active license as a clinical social worker under chapter 490 and also having certification under 464.012 if the applicant is performing as a nurse practitioner and registered with the board of nursing in term of in psychiatric mental health. Point 2 states that validity of license should be equivalent for at least three years. In point 3 it bound applicant passing the department examination which is conducted according to their schedules for marriage and family therapy.

 

 

1. 491.006 licensure or certification by the endorsement

In this article, it explains the licensure endorsing and certification in that context. In this section 1 section says that whoever applying to the department with remitting the fees been mentioned can be facilitated in the way if they have some eligibilities which are shared in the clauses of Article 1. In this clause A demonstrated with manner designated through board rules and rules which governing the board and in clause B talk about the license, and it’s validity terms in which they have three years appliance work license in another state. Article 2 brief educational criteria are meeting in it and meet the chapter professional mentioned terms. Article 3 talks about the licensing examination and in article 4 extension 2 briefed that no one is eligible to endorse with certification or license if they are going through any trial in their jurisdiction till the investigation gets completed at which 491.009 get applied.

1. 491.0065 Requirement for instruction on HIV and AIDS

In this article under this chapter, it required from license applicant to have course certification on immunodeficiency course or if they haven’t done or on pending; they should up with the affidavit. Under which they will be provided with tenure of 6 months to complete requirement if they failed so they will not be facilitated with a license from the board.

1. 491.007 Renewal of license, registration or certificate

In this, there is full procedure been shared, and concerns are provided if someone goes for the renewal of their extension with the board in term of registration, certificate or license. In article 1 it says $250 is the permanent fee for renewal and should be exceeded anyway.  In section 2 it is defining terms which had to be fulfilled the requirement for applying to the renewal of license in which 25 classroom education should be per year while in this social worker subject is exempted from it for first certificate renewal. In section 3 it demonstrates about the intern license renewal in which it says that it should not get exceeded more than $100.

1. 491.008 Inactive status, reactivation of license and fees.

In this article, there are two sections in which it describes the license status and renewal if they are not provided. In article 1 it gives the place an option with giving submission of $50 fee for activating the inactive licensure. In section 1 clause brief if the person wants to reactive the license have to submit proceeding application with fulfilling all the requirements of education, background with paying $50 reactivation fees. Section 2 gives the opportunity to board to define rules and regulation regarding inactive or reactivation issues of license.

1. 491.0085 Continuing education and laws and rules courses; approval of providers, programs, and courses; proof of completion

In this article, there is brief talk and giving opportunity with rules for continuing education and rules of law to proceeding in it. Section 1 bound the licensure to get approval from the board before moving to take up the course or program or continuing education. In section 2 it gives a free hand to board to set fee not exceeding $200 for an applicant with as quality assurance trust fund to the board.  In section 3 it bound the person who is going to pursue continuing education or any kind of certification long term or short term had to submit the prove in the time been given to them by the department of the board. In section 4 is bound to follow all guideline in continuing or pursuing an education where be able for proof completion under the provision given in this chapter.

1. 491.009 Discipline

It is mandatory to be regulated because if you found against in term of any illegal define term under this article will lead you to the cancellation and termination of license and recognition from the board. In section one about 22 clauses been shared in which it is clearly mentioned to avoid making frauds, engaging non recognized person in the activity, misleading advertisement, failing to perform under this chapter provisions, filing duplicate or false records which mislead the board, sexual misconduct pursued under 491.0111, soliciting patients and many other degrees and dimensions been brief which could lead to their license cancellation. The violation of chapter 456 comes under thou in section 1. The article 2 give provision to the board if they apply penalty and renewal the license with implementing some terms and condition.

1. 491.0111 Sexual misconduct

Sexual misconduct by any licensure person under this chapter will be defined under rule while it is strictly prohibited in practice or profession.

1. 491.0112 Sexual misconduct by a psychotherapist; Penalties

In section 1 and two, its brief on the conductor either with a client or in a professional relationship will be punished under 775.082, and 775.083 whoever performs a third-degree action while a person performs secondary will be punished under 775.082. In this, the define terms are mentioned to clarify the person whoever commit will face section 1 or 2 under this article frame.

1. 491.012 Violation, Penalty and Injunction

In this section 1 clarifies all with mentioning of absolute terms whoever will violate will be treated under this chapter provision. In article 2 it clarifies the point of using different terms been elaborated for under this chapter to be used for violating and harming another person physically or verbally. It gives all open power to the board to take action against the person in term of a judicial proceeding in violating this chapter misconduct provision.

 

1. 491.014 Exemptions

In this, it defines that board cannot limit the practice of physician in section 1, while in section 2 it allows the religious counselor to carry out their practices in their streams under which no one required the license for it. Some of them like students are allowed to work with think tanks and research institute if they are hired solely by the open agency. Also in Non- Profit organization, they are allowed to work. The exemption according to the section 7 does not apply to the board license holder, and in article 8 it briefs out all the terms to be fulfilled, and the license people are not exempted.

1. 490.0141 Practice of Hypnosis

It is crucial and facing bans in many countries while this article defines it defines the eligibility of a person who can do it. It is not valid to do till there is no other option left for the therapist to control the mind of the other and to shift their destabilize condition.

1. 491.0143 Practice of sex therapy

Under this article, it defines who can define their self as a sex therapist, and that person needs to meet the demand of board under chapter provision with establishing qualification, in which board referring is important with criteria of diagnosis and patient facilitation.

1. 491.0144 The practice of juvenile sexual offender therapy

In this article, it defines the provision of treating sexual offender should be clear under the board criteria and chapter provision with meeting all kinds of qualifications a provided in 490.0145. The board has an open hand to determine the qualification while they are bound to follow all the booklets and handbooks been given by board for treating the patient.

1. 491.0145 Certified master social worker

The department has an authority of certificating a person with a master social worker under this article we are defined with the conditions which are based on six sections. In section one it explains the fee procedure and determining the amount of not exceeding $250, and they are bound to give board exam within 60 days with according to schedule. In section 2 it prescribes the documentation which had to be submitted regarding qualification and their practical working with different kind of social service organization been written with their objective names in the section. Section 3 determines the experience tenure of the applicant; section 4 allows a person having degree and experience out of the United States can apply for it and section 4,5 and 6 describing the detail of the other articles.

1. 491.0184 Record

This article bounds all of licensure to keep record of their clients and patients according to define structure of the boards and shall be maintained perpetually and periodically.

1. 491.016 Social work; use of title

In this article there is brief explanation of social worker dimension and their boundaries with regards to their practices and where they can use the title. About 4 sections in this article briefs for it. It talks about the education of social worker, their equivalencies.

1. 491.0149 Display of license, use of professional title on the promotion material

The article bound practitioners to display their certification and license in the premise where they work or deal the client. Their abbreviations are define which they can use for their promotions, display of publicity material and contact material.

64B4

64B4-1 Organization

64B4 article 1 briefly talks about the organization under which it has 3 more sections which defines the working and behavior of the board. Under 64B4.007 other business involving the board in which meetings criteria and different title schedule of meetings are discussed under 456.011 section, also it brief about the legislative development and attendance criteria’s internal or during an event. In 64B4-1.0075 talks about board attendance meeting which also bound members under rule to attend meetings compulsory which while conditions been shared in which they can leave the meeting. 64B4-1.015 public comment defines if public people comment criteria and when they have say and while if they are invited in public comment they can speak but dimensionless their subject and do not making any favoritism in this concern.

64B4-9 Client records

In this article the section 64B4-9.001 clears out the requirement for clinical records for all licensure to any field, in it all are bound to maintain data of 7 years and to up that file they have to make last call to the client. If someone stop there service in their field they should inform board so they could give advertisement to newspaper and inform people. But they have to retain the record for 2 years which they have practiced and patients they consulted after they can hand it over to board or forward if they have chosen their doctor. If termination is due to death after 4 week of the death license record will be disposed. In 64B4-9.002 it defines the different terms which are been used in first clause.

Conclusion

The Florida Board of Clinical social work, marriage and Family therapy and Mental health counseling is practicing properly also giving an excellent opportunity to the students to avail as an intern in legal form. While there is need of developing their social work side which is looking bit ignored and had to make strict legislation regarding them.