Florida Statue 491 and Rule 64B4

This term paper involves a review of Florida Statue 491 and Rule 64B4. This is the statue that
sets the rules, regulations, and guidelines for the profession of mental health counseling (as well
as social work and marriage and family therapy). It is the law that sets the standards for
licensure. These rules illustrate minimal legal standards of practice similar to those set in many
states. If you live or plan to practice as a mental health counselor in a state other than Florida,
you can choose to write this paper on the laws of your state (I recommend this!). DUE: Week 6
on Sunday, 11:59 PM, EST. Grading: Students can receive up to 6 points for this term paper
based on content, own writing (not cutting/pasting or copying the rules; must re-write each
section on your own words), inclusion of all 25 sections (23 from FS 491 and two from 64B4)
with clear headings, and an introduction, conclusion, and reference list. No APA style of writing
required. No page limit required, single or double spaced, make sure you clearly use the statues
headings as your headings.
In particular, your task is to read law FS 491 in its entirety and sections 2 and 31 of Rule 64B4
(only sections 2 & 31), and write a paper summarizing each section in your own words (easy
enough!). In other words, you will become familiar with 23 components of FS 491 (there are 26
sections but do not cover the 3 sections that are specifically for social workers: .0145, .015, and
.016) and 2 component of Rule 64B4 (2 and 31). Also, even if social workers and marriage and
family therapists are mentioned in FS 491, you do not need to write about these professions.
Rewrite and summarize, in your own words, each of the 23 components + the 2 from the Rule in
your paper (you should have 25 sections altogether). Include a short introduction and a
conclusion to your paper sharing your thoughts/reactions to these regulations. CUTTING
AND PASTING IS CHEATING (see Student Code of Conduct at the end of this syllabus).
This paper should not exceed 13 pages. The 13-page maximum does not include the title and
reference pages, meaning that the body of your paper cannot exceed 13 pages (the body of the
paper should be between 9-13 pages). NO ABSTRACT IS REQUIRED. Points will be deducted
for papers that exceed the page limit or are not organized as required (you must use
subtitles/headings so that I can give you credit for all 25 sections summarized; if the paper is
written in paragraph form without sub-titles, points will be deducted). Please remember that you
are re- 20 writing the law in your own words – work that is almost identical (word by word) to
what is written in the regulations will not be graded. The source for your paper is the Department
of Heath web page http://floridasmentalhealthprofessions.gov/resources/ . Your two references
are Rule 64B4 and FS 491. From this resource page, scroll down and click on Florida Statutes
and Administrative Codes. There you will find links to FS Chapter 491 and Administrative Code
64B4. Click on each individual code to read it.

The Florida Statutes and Administrative Codes presents the set of statutes that outline the regulations, rules as well as the prerequisite guidelines for the entire profession involved in counselling in the bigger field of mental health. In addition, the statutes present the guidance and counselling programs associated with marriages, families and the social workers. In other words, the statutes provide the required bare minimums for the licensure of the professionals associated with the mental health of these sections of Florida as a whole. The Florida Statutes and Administrative Codes come in such statutes as Florida Statue 491 and Rule 64B4. This paper presents a review of these statutes. Furthermore, the paper presents the review in the form of sections (25 in number) with 23 among them coming from Statute 491 and 2 from Rule 64B4.

Section 1: 491.002 Intent; the legislature has it that a society has the potential of becoming complex which is associated with the fact that the physical survival has equal importance as the emotional survival of the members of the society. As such, for it to be possible to maintain the safety, welfare and the safety of the members of a society, the legislature must avail communication for these members or those acting on their behalf. This will encourage the much needed clinical, psychotherapy or counselling services among other services of a psychological form.

Section 491.003 Definitions: First, the board as used is the Board of Clinical Social Work, Family and Marriage Therapy as well as the mental health counselling. Second, a clinical social worker is an individual license under this section to perform the clinical social Work. Third, the clinical social work experience is the period within which one is provided with such clinical social work services as diagnosis, treatment and assessment of clients; half of which is the provision of counselling and psychotherapy services. Four, the department as used is the department of Social Health. Fifth, the family and Marriage Therapists is an individual who has been licensed under this section to perform family and marriage therapy. Six, a mental health counsellor is the person licensed under this section to perform mental health counselling. Seventh, the performance of social work could be defined as the utilization of applied and scientific methods, theories and knowledge for the sole purpose of preventing, assessing, treating or describing of an individual, a group and/or a family on the basis of their psychological development, abnormal or normal behavior, unconscious motivation, environmental stress, interpersonal relationship, differential planning, data gathering and psychopathology.

Section 3 491.004 Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling: First, the board has created the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling that will have nine members chosen by the governor and approved by the senate. Second, part (a). Six among the members will be licensed under this chapter as follows: two members will be performing the clinical social work, two will be performing the family and marriage therapy and two members will be performing mental health counselling and part (b). The remaining three members will be the citizens of the state without any professionalism in the whatsoever in the said fields. Third, no later than 1^st January, 1988 the governor shall appoint the nine members as follows: Three members to serve for two years, three to serve for three years and three for four years.

Fourth, as the terms of the initial appointees expire the governor shall choose their successors to serve for a period not exceeding four years who shall serve until their successors are chose as well. Fifth, pursuant to such clauses as 120.536(1) and 120.54, the board shall enact rules that to enforce and implement the provisions stated in this chapter. Six, all the practical provisions stated in chapter 456 with regards to the activities associated with the regulatory boards will be applicable to the board. Seven, the board will maintain the official headquarters at Tallahassee.

Section 4: 491.0045 Intern registration; requirements. —

Section 1: A professional without the prerequisite qualifications with regards to the experience they ought to have gained having attained the master’s; level of education as defined in the sections 491.005(1)(c), (3)(c), or (4)(c), must ensure that they make the registration of internship in the professions for which they intend to apply license before officially commencing seeking the experience requirement in the post-masters’ level. This condition also applies to an individual who have may have the intentions of satisfying part of the internship, field experience or the required grade practicum, without the academic arena for any profession and should register as an intern in the profession for which they seek to apply license before staring their field experience, internship and/ or the grade practicum.

Section 2: The department will make the registration of with regards to clinical social workers intern, family and marriage therapists intern and or the mental health counselor on the condition that they satisfy the following bare minimums: –

(a). They should complete the filling of the application form of and remit the non-refundable fee not exceeding $200 according to the ruling of the board.

(b).1. They should complete the education requirements as stated in the section 491.005(1)(c), (3)(c), or (4)(c) for the profession they seek to apply license.

2.They should submit a palatable supervision plan as it may be determined by the board for meeting the internship, the field experience and the grade practicum required for the licensure that may not have been met in their graduate program

3: An individual who have been registered under this section ought to remain within the custody of their supervisor for as long as they are practicing under the specified internship status.

4.In a case where an individual fails to comply with the registration dictates of this section will not be granted license and any time spent in intended completion of the required experience will not count towards the completion of the required as entrenched in the section 491.005(1)(c), (3)(c), or (4)(c).

5.An internship registration is only valid for a term nor exceeding 5 years.

6.A registration procured before or on 31^st March, 2017 will have outlived its expiry date by 31^st March, 2022 and cannot be reissued. Any registration done after 31^st March, 2017 will expire within 60 months after this date. Any subsequent registration may not be procured unless the individual in question has the qualifications that satisfies the requirements as described in the section 491.005(1)(d), (3)(d), and (4)(d).

7.An individual with a professional license given by the board may not need to apply for the registration of the internship in their chose profession.

Section 5: 491.0046 Provisional license; requirements. —

An individual who has satisfied the requirements of section 491.005 or one seeking a license to perform marriage and family therapy, mental health counselling or clinical social work in Florida must be licensed to perform in these professions.
The department will issue a tentative mental health counselling license, a family and marriage therapy license and clinical social work license to each candidate who the board has certified has: (a) Completed the application form and remitted the nonrefundable fee (not exceeding $ 100) as required by the board, (b) Earned a graduate degree in family and marriage therapy, mental counselling and clinical social work, (c) Has met these bare minimums of the course: a minimum of fifteen semester hours for the clinical social work according to section 491.005(1)(b)2.b., ten of the courses required in section 491.005(3)(b)1.a.-c for the family and marriage therapy and a minimum of the seven courses according to section 491.005(4)(b)1.a.-c.

Those with the provisional license should work under the auspices of a supervisor till they get a license as defined by the board.
The validation of the provisional license is 2 years after the issuance date.

Section 6: 491.005 Licensure by examination. —

1.Upon the verification an applicant of social work according to section 491.0046 of this chapter, the department shall issue a license to the applicant who the body certifies has: Handed in their application and paid the required fee and has had a doctorate degree and/or a master’s degree in social work from a recognized (by the United States Department of Education).

2.The graduated program of the applicant must have a direct emphasis on health services or clinical patients.

3.If the course title in the transcripts of the applicant does not reflect the required content of the course work, the applicant will provide additional documentation such as but not limited to syllabus and the catalog explanation of the course in Mental Health counselling, Family and Marriage Therapy and Mental Health Counselling.

Section 7:491.0057 Dual licensure as a marriage and family therapist

1.The department will license the services of an applicant who: holds a valid license as a psychologist or a clinical social or a mental health counsellor as described under chapter 490 worker and section 464.012 respectively.

2.Has held an active license for a period not below three years

3.Has passed a family and marriage therapy examination as given by the department.

Section 8: 491.006 Licensure or certification by endorsement. —

The department will license an individual in a profession after they have satisfied the board that they: (a) perform in the way dictated by the knowledge of law, the rules that govern clinical social work, marriage and family therapy and mental health counselling as well as the rules of the board, (b): (1) Hold a valid license in their profession in the last three years of the five years preceding their licensure, (2) meets the education requirements in their professions as dictated in this chapter, (3) has passed a licensing examination in this or any other state in their professions and (4) Holds a license in good conduct and has not be reported to be under any investigation or to have committed any action that would be tantamount to the violation of the this chapter.

Section 9: 491.0065 Requirement for instruction on HIV and AIDS

The board will require, as a bare minimum of the issuance of a license that a candidate making an initial application for license will complete the educational in a course (in human immunodeficiency virus and acquired immune deficiency syndrome) that is palatable to the board. An applicant who upon licensure has not taken such a course will be given six months to do the course having signed an affidavit of good cause.

Section 10: 491.007 Renewal of license, registration, or certificate. —

The board and/or the department will recommend for the biennial reissuance of the license at a fee not exceeding $250
Each candidate for the license renewal shall present credible evidence that in the wake of their licensure they have satisfactorily completed the continuing educational conditions as required by the board.
Department and/or the board shall recommend the biennial renewal of an internship registration at a fee not exceeding $100.

Section 11: 491.008 Inactive status; reactivation of licenses; fees. —

The inactive license status is when a license applies for the placement of the inactive status on their licenses and has paid a fee not exceeding $50; the status may be renewed biennially at a fee not exceeding $ 50 biennium and the license may be reactivated through the submission to this effect to the department.

2.The board may enact new rules that will regulate the inactivation and reactivation of a license.

Section 12: 491.009 Discipline. —

The following statutes are the basis for the denial of a licensure application: The attempt to obtain a license, a certificate, it’s renewal or registration through fraudulent means, having a certificate or a license for an outlawed profession in this or other states, being guilty for crimes related to one’s profession, ant deception that a certain treatment will bear results when one clients pay a fee through the backdoor