491.0112 Sexual Misconduct By A Psychotherapist; Penalties. — (1) Any psychotherapist who commits sexual misconduct with a client, or former client when the professional relationship was terminated primarily for the purpose of engaging in sexual contact, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083; however, a second or subsequent offense is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or 775.084. (2) Any psychotherapist who violates subsection (1) by means of therapeutic deception commits a felony of the second degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) The giving of consent by the client to any such act shall not be a defense to these offenses. (4) For the purposes of this section: (a) The term “psychotherapist” means any person licensed pursuant to chapter 458, chapter 459, part I of chapter 464, chapter 490, or chapter 491, or any other person who provides or purports to provide treatment, diagnosis, assessment, evaluation, or counseling of mental or emotional illness, symptom, or condition. (b) “Therapeutic deception” means a representation to the client that sexual contact by the psychotherapist is consistent with or part of the treatment of the client. (c) “Sexual misconduct” means the oral, anal, or vaginal penetration of another by, or contact with, the sexual organ of another or the anal or vaginal penetration of another by any object. (d) “Client” means a person to whom the services of a psychotherapist are provided. 491.012 Violations; Penalty; Injunction. — (1) It is unlawful and a violation of this chapter for any person to: (a) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a clinical social worker issued pursuant to this chapter: 1. “Licensed clinical social worker.” 2. “Clinical social worker.” 3. “Licensed social worker.” 4. “Psychiatric social worker.” 5. “Psychosocial worker.” (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.” 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: 3. “Marriage counselor.” 4. “Marriage consultant.”
such time as the investigation is complete, at which time the provisions of s. 491.009 shall apply. 491.0065 Requirement for Instruction on HIV and AIDS. — The board shall require, as a condition of granting a license under this chapter, that an applicant making initial application for licensure complete an education course acceptable to the board on human immunodeficiency virus and acquired immune deficiency syndrome. An applicant who has not taken a course at the time of licensure shall, upon submission of an affidavit showing good cause, be allowed 6 months to complete this requirement. 491.007 Renewal of License, Registration, or Certificate. — (1) The board or department shall prescribe by rule a method for the biennial renewal of licenses or certificates at a fee set by rule, not to exceed $250. (2) Each applicant for renewal shall present satisfactory evidence that, in the period since the license or certificate was issued, the applicant has completed continuing education requirements set by rule of the board or department. Not more than 25 classroom hours of continuing education per year shall be required. A certified master social worker is exempt from the continuing education requirements for the first renewal of the certificate. 491.008 Inactive Status; Reactivation of Licenses; Fees. — (1) Inactive status is the licensure status that results when a licensee has applied to be placed on inactive status and has paid a $50 fee to the department. (a) An inactive license may be renewed biennially for $50 per biennium. (b) An inactive license may be reactivated by submitting an application to the department, completing the continuing education requirements, complying with any background investigation required, complying with other requirements prescribed by the board, and paying a $50 reactivation fee plus the current biennial renewal fee at the time of reactivation. (2) The board may adopt rules relating to inactive licenses and the reactivation of licenses. 491.0085 Continuing Education and Laws and Rules Courses; Approval of Providers, Programs, and Courses; Proof of Completion. — (1) Continuing education providers, programs, and courses and laws and rules courses and their providers and programs shall be approved by the department or the board. (2) The department or the board has the authority to set a fee not to exceed $200 for each applicant who applies for or renews provider status. Such fees shall be deposited into the Medical Quality Assurance Trust Fund. (3) Proof of completion of the required number of hours of continuing education and completion of the laws and rules course shall be submitted to the department or the board in the manner and time specified by rule and on forms provided by the department or the board. (4) The department or the board shall adopt rules and guidelines to administer and enforce the provisions of this section. 491.0111 Sexual Misconduct. — Sexual misconduct by any person licensed or certified under this chapter, in the practice of her or his profession, is prohibited. Sexual misconduct shall be defined by rule.
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