Ordinance 024-1979
AI1ENDED
ORDINANCE NO. 24 -1979
AN ORDINANCE RELATING TO THE PRACTICE OF PSY-
CHOLOGY IN 110NROE COUNTY, FLORIDA, PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREHENTS TO
OBTAIN A PROFESSIONAL CERTIFICATE; PROVIDING
FOR CERTIFICATION OF PERSONS REGULATED UNDER
PRIOR LAWS; PROVIDING FOR RENEWAL OF CERTIFI-
CATES; PROVIDING FOR EXEHPTIONS; PROVIDING
FOR PENALTIES; PROVIDING FOR CONSTRUCTION AS
TO CERTIFIED PERSON'S AUTHORITY TO PRACTICE
HEDICINE; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COl1l1ISSIONERS OF
110NROE COUNTY, FLORIDA:
Section 1.
SHORT TITLE
1.01 This Ordinance shall be known and cited as the
"l1onroe County Psychological Practice Ordinance."
Section 2.
LEGISLATIVE FINDINGS
2.01 The Board of County Commissioners of 110nroe County
finds and declares that the practice of psychology in 110nroe County
affects the public health, safety, and welfare and is to be subj ect
to regulation and control in the public interest to protect the
public of 110nroe County from the unauthorized and unqualified prac-
tice of psychology.
Section 3.
USE OF TITLE "PSYCHOLOGISTS"
3.01 Only a person certified under this Ordinance shall
be authorized to use the title "Psychologist" or to describe his
services by use of the words "Psychologist", "Psychology" or
"Psychological", in connection with his practice.
Section 4.
PROFESSIONAL CERTIFICATE
4.01 It shall be unlawful for anyone to practice psy-
chology in 110nroe County without first procuring a professional
certificate in accordance with the provisions of this Ordinance.
Section 5,.
DEFINITIONS AND APPLICATIONS
5.01 A person represents himself to be a psychologist
when he holds himself out to the public by any title or description
Page 1 of 8 Pages
APPROVEt) ON
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PAGE~__.
of services incorporating the word "Psychology", "Psychologist"
or "Psychological", or offers to render or renders psychological
services to individuals, groups, organizations, or the public.
5.02 The practice of psychology and the rendering of
psychological services within the meaning of this Ordinance is de-
fined as rendering to individuals, groups, organizations, or the
public any service involving the application of principles, methods,
and procedures of understanding, predicting and influencing be-
havior. Included are the principles pertaining to learning, per-
ception, lnotivation, thinking, emotion, and interpersonal relation-
ships.
5.03 Psychologists, certified under this Ordinance may,
within the limits of their individual competence and preparation,
apply the methods and procedures of interviewing and counseling and
the methods and procedures of constructing, administering and in-
terpreting tests of mental abilities, aptitudes, interests, atti-
tudes, personality characteristics, and motivations. The applica-
tion of such principles, methods and procedures includes, but is
not restricted to, psychological diagnostic assessment, prevention
and amelioration of adjustment problems and behavioral disorders
of individuals and groups, psychological hypnosis, educational and
vocational counseling, personnel selection of management development,
evaluation and planning for effective work and learning situations,
advertising and market research, the resolution of interpersonal
and social conflict, lecturing on or teaching of psychology, and
the design and conduct of psychological research.
5.04 Nothing in this Ordinance shall be construed to
limit or obstruct the practice of other recognized businesses and
professions or to prevent qualified members of other professional
groups from doing work of a psychological nature consistent with
their training and with any code of ethics of their respective
professions designed for the protection of the public if they do not
hold themselves out to the public by any title or description in-
corporating the words "Psychological", "Psychologist" or "Psychol-
ogy".
Page 2 of 8 Pages
2.'-f..)
,Section 6.
REQUIREMENTS FOR A PROFESSIONAL CERTIFICATE
6.01 To qualify for a professional certificate as a
psychologist, an applicant shall fulfill the following requirements:
(1) Application: The applicant shall file with the
County Administrator of Monroe County an application
together with an application fee of Fifty Dollars
($50.00). Those persons meeting the qualifications
under Section 9.01 hereof, shall be exempt from pay-
ment of any original application fee.
(2) Good Moral Character: The applicant shall submit
to the County Administrator three (3) letters of
recommendation from psychologists who are certified
by Monroe County or licensed or certified by some
other county er municipality in the State of Florida
or some other state or its counties or municipalities,
whose academic and experience requirements are equiva-
lent to or higher than the requirements of this
Ordinance. Said letters shall attest to the good
moral character of the applicant, and shall show
proof or documentation that the attesting psychol-
ogist is appropriately licensed or certified.
(3) Educational Requirements: The application must have
received a doctoral degree with a major in psychology
or psychology related field from a university or pro-
fessional school that has a program approved by the
American Psychological Association, or has been
accredited by any of the following regional accredit-
ing organizations, and submit evidence of same to
the County Administrator:
(a) Program approval by the American Psychological
Association.
(b) New England Association of Schools and Colleges.
(c) Middle States Association of Colleges and Second-
ary Schools.
(d) North Central Association of Colleges and Second-
ary Schools.
(e) Northwest Association of Secondary and Higher
Schools.
(f) Southern Association of Colleges and Schools.
(g) Western Association of Schools and Colleges;
and
(4) Experience Requirements: The applicant must have at
least two (2) years or four thousand (4,000) hours
full-time experience in the field of psychology, in
association with, or under the supervision of, a
psychologist meeting the academic and experience re-
quirements of this Ordinance. The experience require-
ment may be met by work performed on or off the
premises of the supervising psychologist. No more
than two thousand (2,000) hours of this experience
may be pre-doctoral in satisfying the experience
required. This experience requirement shall be satis-
fied upon presentation to the County Administrator
of a signed, notarized statement by the associated
or supervisory psychologist.
Page 3 of 8 Pages
2.~~
Section 7. PROFESSIONAL CERTIFICATES
7.01 If an applicant satisfies the County Administrator
that he has satisfied those requirements listed under Section 6
hereof, he shall be granted a professional certificate under the
seal of the County Administrator, which certificate shall be evidence
of his right to practice psychology in Monroe County.
Section 8. CERTIFICATE TO BE DISPLAYED
8.01 Each person to whom a professional certificate is
issued shall keep the certificate conspicuously displayed in his
office or place of business and shall, whenever required, exhibit
the certificate to any member or authorized representative of the
Board of County Commissioners or the County Administrator. From the
effective date of this Ordinance no occupational license shall be
issued by Monroe County or any municipality in Monroe County to any
person to practice psychology in Monroe County unless the applicant
therefor shall first exhibit to such licensing official a current
professiotlal certificate issued by the County Administrator showing
the applicant is qualified in all regards to practice psychology in
accordance with the terms of this Ordinance.
Section 9. PERSONS REGULATED UNDER PRIOR LAWS
9.01 All persons heretofore licensed as psychologists
in Florida according to the provisions of former Chapter 490, Florida
Statutes, as existing on June 30, 1979, who can submit proof of such
license current for the year in which application for a professional
certificate is made to the County Administrator shall be entitled to
the automatic issuance of a professional certificate without comply-
ing with the requirements of Section 6 hereof and subject to the
provisions of Section 10 hereof.
9.02 Any person heretofore practicing as a psychologist
in Monroe County as a result of obtaining an occupational license
from the Monroe County Tax Collector or any other licensing authority
shall not be entitled to a professional certificate under this Ordi-
nance until he has satisfied the requirements of Section 6.
,Page 4 of 8 Pages
2.. 'is
Section 10.
RENEWAL OF CERTIFICATES
10.01
Every person hereafter duly certified to practice
psychology shall, on or before January 1st of each year, apply to
the County Administrator for a professional certificate upon a form
to be furnished by the County Administrator and shall pay at that
time a rerlewa1 fee of Fifty Dollars ($50.00). The professional
certificate of any psychologist who fails or neglects to renew his
certificate by January 1st of any year as required herein shall be
automatically suspended until such time as the psychologist shall
register and pay the regular annual fee plus a delinquency fee of
Twenty Dollars ($20.00) for each year or fraction thereof that he
fails to register.
Section 11.
EXEMPTIONS
11.01
Nothing in this Ordinance shall be construed to
restrict or prevent activities of a psychological nature on the
part of:
(1) Psychologists who are salaried employees of accredited
academic institutions, governmental agencies, and
research institutions if such employees are perform-
ing those duties for which they were hired and are
performing those duties solely within the confines
of such organization.
(2) Psychologists who are salaried employees of accredited
academic institutions, governmental agencies, and
reserach institutions who consult, offer their find-
ings, or provide scientific information to other such
accredited academic institutions, governmental agen-
cies, and research institutions for a fee, monetary
or otherwise. Such persons may also offer lectures
to the public for a fee, monetary or otherwiSe. How-
ever, psychologists who are salaried employees of
accredited academic institutions, governmental agen-
cies, or research institutions must .be certified
under the provisions of this Ordinance if they are
providing psychological services to the public for
considerations over and above the salary that they
receive for the performance of their regular duties
with such organizations.
11.02 Nothing in this Ordinance shall be construed as
restricting the activities and services of a graduate student or
psychological intern in psychology pursuing a course of study leading
to a gradtlate degree in psychology at a college or university and
working in a training center if these activities and services con-
stitute a part of a supervised course of study and such persons are
Page 5 of 8 Pages
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designated by such title as "psychological intern", "psychological
trainee", or other such title clearly indicating the training status
appropriate to his level of training. The term "psychological
intern", however, shall be reserved for persons enrolled in a
doctoral program in psychology in a college or university.
11. 03
Nothing in this Ordinance shall be construed as
restricting a psychologist who meets the following criteria from
another state or county of this state from offering his psychological
services in this cou~ty for no more than thirty (30) days in any
calendar year. The psychologist must:
(1) Be licensed or certified in another county of this
state, in another state or territory of the United
States, or in a foreign country or province whose
standards at the date of his certification or
license, in the opinion of the Board of County
Commissioners of Monroe County, are equivalent to
or higher than the requirements of this Ordinance,
or
(2) Meet the training and experience requirements stated
under Section 6 hereof and reside in another county
of this state, state or territory of the United
States, or a foreign country or province which does
not grant a certification or license to psychologists,
or
(3) Have been granted a diploma of the American Board
of Professional Psychology.
11.04 Nothing in this Ordinance shall be construed as
restricting the use of the term "social psychologist" by any person
who has been graduated with a doctoral degree in sociology or social
psychology from an educational institution having a program approved
by the fu~erican Psychological Association or accredited in accordance
with Section 6 of this Ordinance offering courses in sociology or
social psychology. However, if such a "social psychologist" offers
psychological services or holds himself out to the public as prac-
ticing psychology as defined in this Ordinance, he must be certified
under the provisions of this Ordinance.
Section 12.
PENALTIES
12.01
Any person guilty of engaging in the advertising
or rendering of his services as described in Section 5 hereof with-
out obtaining a professional certificate, or who shall obtain any
Page 6 of 8 Pages
~?
such professional certificate by fraud, deceit, or who shall other-
wise violate any provision of this Ordinance, shall be deemed guilty
of the second degree
of a misdemeanor land shall be punished by law. If such violation be
continuing, each day's violation shall be a separate offense.
Section 13.
CONSTRUCTION AS TO CERTIFIED PERSON'S
AUTHORITY TO PRACTICE MEDICINE
13.01
Nothing contained in this Ordinance shall be con-
strued to permit a certified person hereunder to engage in the
practice of medicine as defined in Chapter 458 of the Florida
Statutes.
Section 14.
SEVERABILITY
14.01
If any section, sentence, clause or phrase of this
Ordinance is: ,held to be invalid or uncons ti tutional by any Court of
competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
Section 15.
INCLUSION IN CODE
15.01
It is the intention of the Board of County Commis-
sioners that the provisions of this Ordinance shall not become and
not be made a part of the Monroe County Code; and that the sections
of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "section", "article", or such other
appropriate word or phrase in order to accomplish such intentions.
Section 16.
EFFECTIVE DATE
16.01
This Ordinance shall take effect immediately upon
receipt of official notice from the Office of the Secretary of
State of the State of Florida that this Ordinance has been filed
with said Office.
Attest,/' ", / ~
/ ,', /
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" / er
BOARD OF COUNTY COMMISSIONERS OF
MONROE CO<<k::A
By ( , 1<.-1 /' -Al/!f-"'-. --
C~a'frman -'
(Seal)
Page 7 of 8 Pages
2..\{8
ADOPTED: September 25, 1979
FILED WITH DEPARTMENT OF STATE: October I, 1979
EFFECTIVE:
1 O-~-'l'\
BY
Page 8 of 8 Pages
'-~9
OLO..;! ~,\.f~'1'1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, September 11, 1979, at 10:00 A.M. at the Marathon
Branch Courthouse, Marathon, Monroe County, Florida, and
on Tuesday, September 2S, 1979, at 10:00 A.M. at the Commis-
sioners Conference Room, Fleming Street, Key West, Florida,
the Board of County Commissionwrs ~f Monroe County, Florida,
intends to consider tha adoption of the following County
Ordinance:
ORDINANCE NO.
-1979
AN ORDINANCE RELATING TO THE PRACTICE OF PSY-
CHOLOGY IN MONROE COUNTY, FLORIDA, PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS TO
OBTAIN A PROFESSIONAL CERTIFICATE; PROVIDING
FOR CERTIFICATION OF PERSONS REGULATED UNDER
PRIOR LAWS; PROVIDING FOR RENEWAL OF CERTIFI~
CATES; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR PENALTIES; PROVIDING FOR CONSTRUCTION AS
TO CERTIFIED PERSON'S AUTHORITY TO PRACTICE
MEDICINE; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE CODE; AND PROVIDING
AN EFFECTIVE DATE.
DATED at Key West, Florida, this lSth day of August,
A.D. 1979.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida.
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida.
(SEAL)
Publish:
Tuesday, August 21, 1979
Please mail statement to:
Ralph W. White
Clerk
Post Office Box 1680
Key West, Florida 33040
Please mail proof of
publication to:
Michael H. Cates, Esq.
Legal Advisor
SOS Whitehead Street
Key West, Florida 33040
z..SO
PROOF OF PUBLICATION
Thrb 3,* g 1.:` tZ . ,
. Published Daily
• ' Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) Si"
•
Before the undersigned authority personally appeared . . . — . ..
M.A... 01ivie.ne , who on oath says that he '. _ .
Pub.].ishAn of• The Key West Citizen,
daily newspaper published at Key West in Monroe County, Florid ; .:th .
the attached copy of advertisement, being a
Not of Intention to Consider _Adoption of__ ___
. in the matter of County, Ordinance,
•`NOTICE OF INTENT'IONUC .
ySIDER« ' >, o
--.. ADOPTION OF COUI1tYORD�SIANCE' •
•
t, NOTICE IS HEREBY GIVEN t0
WHOM IT MAY CONCERN that on
Tuesday,September 11,1979,.et 10:00
a.m. at the Marathon Branch Cour•i
• thouse,:Marathon,.Monroe County,
Florida,and On Tuesday,Septer,bee 25,
1979, at 10:00 a.m.`at the Com-
•
!,missionerss Conference Room,Fleming
• ,Street Key West,Florida,the Board of '
• -County Commissioners Of Monroe
County,Florida,Intends to consider•fhe'
adoption of the,following-County Or
. • 'dinance: •
' -ORDINANCE NO.1979
AN ORDINANCE. RELATING TO
. THE PRACTICE OF PSYCHOLOGY IN
MONROE COUNTY; 'FLORIDA,
PROVIDING FOR DEFINITIONS:
PROVIDING FOR REQUIREMENTS I
•
TO OBTAIN A PROFESSIONAL
•CERTIFICATE:;PROVIDING FOR.
- -. . .CERTIFICATION OFF PERSONS i
'REGULATED•UNDER-PRIOR LAWS
PROVIDING FOR REN.EWAL'OF:
!CERTIFICATES:, PROVIDING 'FOR
EXEMPTIONS: PROVIDING FOR
PENALTIES:-'PROVIDI-NG FOR;
.CONSTRUCTION AS TO CERTIFIED,
..7.7s ubiished in said newspaper in the issues of 1PERSONS AUTHORITY TO PRAC`
PRICE MEDIINE: PROVIDING FOR
SEVERABILITY: PROVIDING FOR
_ INCLUSION IN THE CODE: AND
• . ' ' Aug. 21, 1979 PROVIDING AN,EFFECTIVE.DATE, .'
•
DATED at Key West,FL,this 1S day of
. AUgust,A.D.,1979.: •
. RALPH W. '•'H1TE
• Clerk of the Circuit Court
of Monroe.County, Florida,.
' Af fiant, 'further'says that' the••said The `Key West c ' and exbfficio clerk of ttie
news a er ublished at KeyWest in;'s'aid Monroe Count,. ' Boarti of County'Commisstonerss
p p p , of Anonroe,county, Florida.
that the`•said newspaper has heretofore:bean continuous_Ausust 21,1979.
in said Monroe County, Florida, each day (except Satli�-a ; -41:i.,l . •
Oren entered as second class mail matter at the ^. office in 'r
� st, in said Monroe'County, • Florida, for a period of one ye1rs< 1::.:,_
preceeding the.first publication of 'the attached copy of adve e: .s
nt; and affiant further'says that he has neither paid nor ,.r. -,o,c
.r•.y' person, firm or corporation any discount, rebate, comm3n L_;:
L efund for''the .purpose of securing this advertisement for ,,:.al °_:°
:.n the sadd newspaper.' •
• i,.Tt ai Romp"at 1'
c;v,=Rr e:....,- h. 14 JULY1019 +
t CAM. ‘�"S°A. ' 1EXPIRES
ti N`a• I p���
•
• Sworn to and bscribed before me this . . . . . :L. . . . . . . . - > . . . . . . . .
`.yr of . .7. . . ... . . . , A.D. 197
- ef2e,..7::& • ••-•p
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;g;et:rdarg of $ltme
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488.3680
GEOIlGE FIIlESTO'iE
SECAETAHY OF STATE
October 4, 1979
Honorable Ralph W. White
Clerk of Circuit Court
MOnrOE! County
500 Whitehead Street
Key West, Florida 33040
Attent:ion: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pu~suant to the provisi6ns of Section 125.66, Florida Statutes,
this will acknowledge:
VX<
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
October 1, 1979
Monroe
79-23 & 79-24
2. Receipt of
relative to:
(a)
which we have numbered
(b)
which we have numbered
County Ordinance/s
County No.
County No.
?,-
(/
We have filed this/these Ordinance/s in this office
October 4. 1979.
4.
The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
NK/mb
Cordially, . _ ~
~::JU~ ~;;~7 )
(qrs.) Nanc,y' Kavanaugh// /'
(nief, ~reau of Laws'/
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