Frequently Asked Questions

June 2026. The board is set to meet in March 2026 to discuss whether to implement any parts of the order into administrative code or cancel.

If you are working in private practice, a licensed therapist must be in the same location as an intern during their psychotherapy sessions, but it does not have to be the intern’s Qualified Supervisor.

No, as long as a licensed person is at the same location as the intern during the entire time the intern is practicing psychotherapy.

Florida statutes do not explicitly define a “site supervisor” but it may be interpreted as a licensed clinician who is on site while the intern is practicing psychotherapy. A qualified supervisor has gone through an educational process including being registered through the Board.

Yes, you can. If you see more than one, then you must designate each amount of hours done under each Qualified Supervisor. It does not accelerate your required hours in the minimum timeframe.

The regulations do not specify that longer sessions can be counted, but it does specify that you cannot shorten the 100 week duration.

No, you cannot ethically or legally practice psychotherapy in any setting including an agency until you are a Registered Mental Health Intern. You can have non-clinical jobs in an agency.

Sessions do not need to be recorded but a detailed record of the session needs to be kept, including date, duration, format (1:1 or group) and the supervisor needs to sign each note. It is important to keep the records up to date because of the numerous situations that a supervisor died or became unavailable.

Registered Interns may be able to engage in supervisory billing with their immediate employment supervisor. Please have the supervisor check each insurance to verify this. Registered Interns themselves cannot have their own contracts. The only companies that currently allow supervisory billing in the state of FL are FL BCBS, Cigna/Evernorth, and Aetna.

Registered Interns must use their full title in professional settings, especially in documentation, advertising, and when presenting themselves to clients.

As a licensed mental health counselor in Florida, responding to a subpoena requires careful consideration of both legal obligations and client confidentiality. Here's a structured approach to guide you: Understand the nature of the subpoena. Types of Subpoenas: Subpoena Duces Tecum: Requests the production of documents or records. Subpoena Ad Testificandum: Requires you to provide oral testimony. Issuing Authority: Determine whether the subpoena is issued by a court, an attorney, or a governmental agency. Verify the Validity of the Subpoena: Ensure the subpoena is properly issued and served in accordance with Florida law. Florida Rule of Civil Procedure 1.410 outlines the requirements for issuing and serving subpoenas. This is very important-you MUST respond to every subpoena in writing. HOWEVER, if there was no signed release of information from the client, you cannot acknowledge in your response that they are or are not a client. If you do not respond at all, you can be held in contempt of court. You can contact the client to see if they want you to release the records, and if they do, they must sign a ROI. This is a sample letter that you can use if no release was sent. It was originally written by a former member of the Florida Board and has also been approved by two attorneys who work with mental health counselors. Disclaimer: We are not attorneys and this should not be taken as legal advice. We recommend you consult with an attorney when dealing with legal matters.

If a Florida mental health counselor receives a court order from a judge to release records, the counselor must follow specific steps while ensuring compliance with legal and ethical obligations: Verify the Court Order, Legality and Validity. Ensure the court order is valid. It should come from a court with jurisdiction over the case and properly signed by the judge. If you have any doubts about the authenticity or jurisdiction, consult with legal counsel before taking further action. A court order signed by a judge does not need a ROI to obtain records, but it is advisable that you consult an attorney to find out what information needs to be sent. You must provide the records unless to do so would potentially cause harm to the client. If that is the case, please consult an attorney and statutes to find out the process for denying. Sometimes a treatment summary will suffice. Disclaimer: We are not attorneys and this should not be taken as legal advice. We recommend you consult with an attorney when dealing with legal matters.

In Florida, mental health providers are required to maintain client records for a minimum of seven years after the last contact with the client. Regarding fees for providing copies of these records, the fee structure outlined in Rule 64B8-10.003 is as follows: For the first 25 pages: $1.00 per page For pages 26 through 50: $0.25 per page For pages 51 and above: $0.15 per page Additionally, a reasonable clerical fee may be charged for the time spent locating and copying the records. These are for physical records, not electronic. Disclaimer: We are not attorneys and this should not be taken as legal advice. We recommend you consult with an attorney when dealing with legal matters.

In Florida, mental health providers are not explicitly regulated by statute regarding the fees they can charge clients for attending court proceedings. Unlike some healthcare providers, there is no state-mandated fee schedule for court appearances. However, mental health providers often establish their own fees for court-related services, which may include court preparation or time spent reviewing records and preparing testimony. Court appearance: Time spent attending court sessions. Depositions: Time spent providing sworn out-of-court testimony. For example, some counselors charge a flat fee for court appearances, such as $1,500 per appearance, and additional hourly rates for preparation and depositions. While these fees are not mandated by state law, they should be reasonable and reflect the actual time and expenses incurred by the counselor. It is advisable for counselors to clearly outline their fees in their intake service agreements and to inform clients of any potential charges related to court involvement. Disclaimer: We are not attorneys and this should not be taken as legal advice. We recommend you consult with an attorney when dealing with legal matters.

64B4-9.002 Definitions. Psychotherapy records are chronicles of a dynamic psychotherapeutic relationship and are to be accorded the dignity and respect due such a relationship. Psychotherapy is for the client and all records constructed shall respect the integrity and privacy of that relationship. (1) A psychotherapy report is a summary of information derived from the psychotherapy records which addresses a specific request as authorized by the client. (2) A psychotherapy record shall contain basic information about the client including name, address and telephone number, dates of therapy sessions, treatment plan and results achieved, diagnosis if applicable, and financial transactions between therapist and client including fees assessed and collected. A record shall also include notes or documentation of the client’s consent to all aspects of treatment, copies of all client authorizations for release of information, any legal forms pertaining to the client, and documentation of any contact the therapist has with other professionals regarding the client. (3) Regardless of who pays for the services of the psychotherapist, a client is that individual who, by virtue of private consultation with the psychotherapist, has reason to expect that the individual’s communication with the psychotherapist during that private consultation will remain confidential. Rulemaking Authority 491.004(5), 491.0148 FS. Law Implemented 491.0148 FS. History–New 12-11-91, Formerly 21CC-9.002, 61F4-9.002, 59P-9.002, Amended 2-11-98. https://www.flrules.org/gateway/RuleNo.asp?title=CLIENT%20RECORDS&ID=64B4-9.002

We are required to report unethical and unlicensed activity when someone is not practicing according to the law. Legal and Ethical Requirements in Florida: 1. Florida Law & Licensing Board (F.S. 491) The Florida Board of Clinical Social Work, Marriage & Family Therapy, and Mental Health Counseling regulates interns and licensed professionals. Florida law requires reporting of unethical, illegal, or incompetent behavior by mental health professionals, including registered interns. 2. Mandatory Reporting Obligations: LMHCs are required to report violations of professional and legal standards. If an intern is practicing without proper supervision, misrepresenting credentials, or engaging in unethical conduct, an LMHC must report this to the Florida Department of Health (DOH) or the licensing board. Failure to report could be considered an ethical violation for the LMHC. 3. Ethical Considerations (ACA Code of Ethics & Florida Rules) The ACA Code of Ethics and Florida Administrative Code (64B4-10) emphasize protecting the public and ensuring professional integrity. If an intern’s actions harm clients, violate ethical standards, or break laws, reporting is necessary. 4. How to Report? Reports can be made to the Florida Department of Health (DOH) or the Florida Board of Mental Health Counseling. The complaint process is typically confidential, and investigations follow legal procedures. How to File a Complaint: 1. Florida Department of Health (DOH) Complaint System: The DOH allows complaints to be filed anonymously. You can submit a complaint online, by mail, or by phone. If you choose to remain anonymous, provide as much detailed evidence as possible because investigators won’t be able to follow up with you for clarification. 2. Ways to Report: Online: Submit a complaint via the Florida Health Care Complaint Portal (flhealthcomplaint.gov). Phone: Call the DOH Consumer Services Unit at 1-850-488-0595. Mail: Send a complaint form to: Consumer Services Unit 4052 Bald Cypress Way, Bin C-75 Tallahassee, FL 32399-3260 3. What Information to Include? Person’s name and location of practice, detailed description of the violation (dates, actions, ethical/legal concerns), any supporting evidence (if available), important notes. Anonymous complaints are accepted, but they may be harder to investigate without sufficient details. If you provide contact information, investigators can follow up for clarification, but your identity can still be kept confidential upon request.

Yes, in Florida, only one parent is needed to give consent. It is helpful to know what the parenting plan says. If one parent objects, they will need to go back to court to amend the plan. An amendment to section 61.13(2)(b)3.a., Florida Statutes effective July 1, 2023, provides as a minimum requirement for a parenting plan approved by the court: If the court orders shared parental responsibility over health care decisions, either parent may consent to mental health treatment for the child unless state otherwise in the parenting plan. See CS for CS for SB 226 and Bill Analysis of the Committee on Rules. See Laws of Florida, Ch. 2023-213.

The state says you must follow the rules of wherever the client is physically located at time of session, irrespective of where they live. It depends on the laws and regulations of the location of the client at that time. You should also check with your malpractice insurance to find out if they will cover you. There is an app called Telemental Health Laws that you can add and it will assist you in finding the laws in other states. If it is out of the country, you will need to research that country’s laws or you can join a Facebook group called The Traveling Therapist to inquire there. The exception is military bases. If you have a signed military contract with Tricare and your liability insurance amended to allow for it, you can see military members overseas SO LONG AS they do session on a US military base. The federal govt. will cover your licensure in those circumstances. Government officials are not auto-included in that UNLESS they have the capability to meet on US base and you have the Tricare contract.

There are various pros and cons to each, and it is best to consult an accountant in deciding what is best for you. Here is a website that can explain the difference to help you decide: https://www.wolterskluwer.com/en/expert-insights/s-corp-vs-llc-differences-and-benefits#:~:text=Other%20differences%20between%20S%20corps,other%20members%20is%20often%20required. Please see out legal and accounting advice before you proceed with your decision.

Not necessarily. You may be able to avoid using your home address for your practice from home by doing one or more of the following: o Use a P.O. Box: Renting a P.O. Box from the U.S. Postal Service (USPS) o Virtual Office Services: Some companies offer virtual office services, which include a physical mailing address for your business. o Registered Agent Address: If you have formed an LLC or corporation, you can use the address of a registered agent as your business address. This service acts as a third party that handles legal documents and can be used for business correspondence. o Business Address Services: There are businesses that provide a professional address for a fee or you may be able to arrange to use the address of a trusted colleague. o Telehealth Platforms: Some telehealth platforms may offer a way to handle mail or communication in a way that keeps your personal address private. o Professional License Board Requirements: Make sure that whatever address you choose aligns with any legal or regulatory requirements for mental health professionals in your state. For example, the Florida Department of Health or similar agencies may require an address on file for licensure purposes, so be sure to comply with these rules. Do note: some insurance plans may require you to name a physical location. Be sure to research requirements for your insurance contracts before establishing or making any changes to an address on file.

There are no bests, but CPH https://cphins.com/counselor/ and HPSO www.hpso.com are the most common insurances used.

A business license is needed by most cities and counties. Please use a search for your city and county to determine how to apply. There are officials who may stop by your office to see if they are on display so it is best to put them where they can be seen.

As of January 1, 2024, mental health counselors (MHCs) and marriage and family therapists (MFTs) are eligible to provide services covered under Medicare Part B. If you prefer not to accept Medicare reimbursement, you must formally opt out to avoid potential penalties. Steps to Opt Out of Medicare: 1. Submit an Opt-Out Affidavit: Complete and submit an opt-out affidavit to the Medicare Administrative Contractor (MAC) for your jurisdiction (ours is First Coast Service Options). This affidavit indicates your decision to opt out of Medicare for a two-year period. 2. Enter into Private Contracts: After opting out, you must enter into private contracts with each Medicare beneficiary you serve. These contracts specify that the beneficiary agrees to pay you directly for services, and neither you nor the beneficiary will submit claims to Medicare for reimbursement. There is a very specific private pay form beneficiaries fill out, given by our MAC. Regulations and Considerations: Duration of Opt-Out: The opt-out status lasts for two years and automatically renews unless you inform the MAC within 30 days before the next two-year period begins that you wish to change your status. Eligibility: Providers in private practice can opt out of Medicare. Mental health professionals employed by hospitals, clinics, or other healthcare facilities may not have the option to opt out individually. Penalties for Non-Compliance: If you do not opt out and provide services to Medicare beneficiaries without submitting the required documentation, you may be subject to fines. It's essential to understand that opting out of Medicare means you cannot accept Medicare reimbursement for any services provided to Medicare beneficiaries during the opt-out period. Therefore, you must ensure that all your Medicare patients are aware of and agree to the private contract terms. For detailed guidance and the most current information, refer to the Centers for Medicare & Medicaid Services (CMS) resources or consult with a healthcare attorney.

The answer is generally yes, but it is a good idea to contact the company overseeing the request to verify if it is acceptable for an LMHC/LCSW/LMFT is sufficient.

Mental health providers are considered secondary providers for the sake of federal disability claims. A physician must be the primary initiator of a claim for disability for a client. When a client completes the initial part of the application and names providers, they may name you as a provider with helpful collateral information and that will allow the state to request records from you. You may complete the disability records request to assist a client in attaining disability.

Please note that there have been a number of people who have been reported to the Board for writing fraudulent ESA letters. If you are going to do so, please adhere to these requirements. In Florida, mental health counselors are authorized to write Emotional Support Animal (ESA) letters under specific conditions. To ensure compliance with state and federal regulations, counselors should adhere to the following guidelines: o Establish a Professional Relationship: Counselors must have a legitimate, ongoing therapeutic relationship with the client. This relationship should involve regular sessions where the counselor has personal knowledge of the client's mental health condition. The Fair Housing Act requires that the mental health professional has personal knowledge of the individual's disability and is acting within the scope of their practice to provide the supporting information. o Conduct a Thorough Evaluation: A comprehensive assessment of the client's mental health is essential. This evaluation should determine whether the client has a verifiable mental health condition that substantially limits one or more major life activities. The counselor should assess how the presence of an ESA would alleviate symptoms associated with the client's condition. o Provide Appropriate Documentation: If the counselor determines that an ESA is beneficial for the client, they should provide a letter that includes: The counselor's official letterhead. The counselor's license number and contact information. A statement confirming the client's mental health condition and the necessity of the ESA. The date of the evaluation and the counselor's signature. This documentation serves as evidence of the client's need for an ESA and should be updated annually to remain valid. o Adhere to Legal and Ethical Standards: Counselors must comply with both federal and Florida state laws regarding ESAs. Misrepresentation of an animal as an ESA is a violation and can lead to legal consequences. The Florida Department of Health emphasizes the importance of accurate and truthful documentation to prevent fraud.