Florida Statutes 491.012 – Violations; penalty; injunction
Current as of: 2023 | Check for updates
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(1) It is unlawful and a violation of this chapter for any person to:
For details, see Fla. Stat. § 775.082(4)(a)
(a) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a clinical social worker issued pursuant to this chapter:
1. “Licensed clinical social worker.”
2. “Clinical social worker.”
3. “Licensed social worker.”
4. “Psychiatric social worker.”
5. “Psychosocial worker.”
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 491.012
- Board: means the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling. See Florida Statutes 491.003
- Clinical social worker: means a person licensed under this chapter to practice clinical social work. See Florida Statutes 491.003
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health. See Florida Statutes 491.003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Marriage and family therapist: means a person licensed under this chapter to practice marriage and family therapy. See Florida Statutes 491.003
- Mental health counselor: means a person licensed under this chapter to practice mental health counseling. See Florida Statutes 491.003
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Psychotherapist: means a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to this chapter. See Florida Statutes 491.003
- Social worker: means a person who has a bachelor's, master's, or doctoral degree in social work. See Florida Statutes 491.003
(b) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a marriage and family therapist issued pursuant to this chapter:
1. “Licensed marriage and family therapist.”
2. “Marriage and family therapist.”
3. “Marriage counselor.”
4. “Marriage consultant.”
5. “Family therapist.”
6. “Family counselor.”
7. “Family consultant.”
(c) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a mental health counselor issued pursuant to this chapter:
1. “Licensed mental health counselor.”
2. “Mental health counselor.”
3. “Mental health therapist.”
4. “Mental health consultant.”
(d) Use the terms psychotherapist, sex therapist, or juvenile sexual offender therapist unless such person is licensed pursuant to this chapter or chapter 490, or is licensed under s. 464.012 as an advanced practice registered nurse who has been determined by the Board of Nursing as a specialist in psychiatric mental health and the use of such terms is within the scope of her or his practice based on education, training, and licensure.
(e) Present as her or his own the clinical social work, marriage and family therapy, or mental health counseling license of another.
(f) Give false or forged evidence to the board or a member thereof for the purpose of obtaining a license.
(g) Use or attempt to use a license issued pursuant to this chapter which has been revoked or is under suspension.
(h) Knowingly conceal information relative to violations of this chapter.
(i) Practice clinical social work in this state for compensation, unless the person holds a valid, active license to practice clinical social work issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045.
(j) Practice marriage and family therapy in this state for compensation, unless the person holds a valid, active license to practice marriage and family therapy issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045.
(k) Practice mental health counseling in this state for compensation, unless the person holds a valid, active license to practice mental health counseling issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045.
(l) Use the following titles or any combination thereof, unless he or she holds a valid registration as an intern issued pursuant to this chapter:
1. “Registered clinical social worker intern.”
2. “Registered marriage and family therapist intern.”
3. “Registered mental health counselor intern.”
(m) Use the following titles or any combination thereof, unless he or she holds a valid provisional license issued pursuant to this chapter:
1. “Provisional clinical social worker licensee.”
2. “Provisional marriage and family therapist licensee.”
3. “Provisional mental health counselor licensee.”
(n) Practice juvenile sexual offender therapy in this state, as the practice is defined in s. 491.0144, for compensation, unless the person holds an active license issued under this chapter and meets the requirements to practice juvenile sexual offender therapy. An unlicensed person may be employed by a program operated by or under contract with the Department of Juvenile Justice or the Department of Children and Families if the program employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or supervises the treatment services.
(2) It is unlawful and a violation of this chapter for any person to describe her or his services using the following terms or any derivative thereof, unless such person holds a valid, active license under this chapter or chapter 490, or is licensed under s. 464.012 as an advanced practice registered nurse who has been determined by the Board of Nursing as a specialist in psychiatric mental health and the use of such terms is within the scope of her or his practice based on education, training, and licensure:
(a) “Psychotherapy.”
(b) “Sex therapy.”
(c) “Sex counseling.”
(d) “Clinical social work.”
(e) “Psychiatric social work.”
(f) “Marriage and family therapy.”
(g) “Marriage and family counseling.”
(h) “Marriage counseling.”
(i) “Family counseling.”
(j) “Mental health counseling.”
(3) Any person who violates any provision of subsection (1) or subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) The department may institute appropriate judicial proceedings to enjoin violation of this section.