FL Board Meeting Notes 12-12-25

Hi everyone,

As per usual, here are the notes from the most recent board meeting that was held 12/12. This meeting was PACKED with stuff so lots to report here. As usual, no personal names or identifying information will be given for disciplinary proceedings. You are free to look up any of the publicly available information to review, however, through the board meetings page: https://floridasmentalhealthprofessions.gov/meeting.../ Just be sure to select “past events” since it is slightly different since the board website changed.

Rules Discussion

• Rule 64B4-2.003- Modifications to reflect a change on who is not allowed to QS someone (spouse, parent, family member, etc. due to CoI) to also include ex-spouses. Was passed. You can no longer use an ex-spouse as your QS and you can no longer supervise your ex-spouse.

• Rule 64B4-20.002- Verification of clinical experience form change. It is not being completed properly per board; require that this form be submitted complete and accurate and that QS’ respond to any request by board staff for clarification with the form within 7 days.

• Rule 64B4-2.002- What does “on premises” mean in the statute requiring a registered intern in private practice having a licensed provider “on premises”? Modification would define “on premises” to include a licensed mental health professional being on site either via immediate synchronous video or physically in-person. This is a huge change and will shift things quite a bit for registered interns practicing. This will STILL include the telehealth safety plan being required. The attorney is not sure this change will pass muster so not sure if it will actually happen. Board members reiterate the importance of “being available” to their registered interns. Considering adding more specifics to the admin code around Qualified Supervisor duties. The board decided to table this change for now and schedule an additional discussion to fully clarify all of the different codes prior to making this change. DO NOT START DOING THIS YET. The board does appear willing to have discussions about this change, though. It would also not require a statute change, which has failed in legislature for multiple years.

• Various forms related to the Counseling Compact were discussed, making changes in preparation to officially start the Compact. Multiple forms around Licensure by Examination has changed to include the option of applying for the Compact when applying for Licensure for the first time. The health/legal disclosure form has added to do a home state assigning through the Compact. There is also a Compact Eligibility page that asks a series of questions. When selecting FL as a home state, you must prove residency. Home state declaration application is for CURRENT licensees who wish to select Florida as their home state so they can participate and then apply in other states. The Privilege Holder to Home State application allows Compact clinicians who move to Florida from another Home State can apply to get a full Florida licensure after moving. This is not a blatant “you get a license” it’s just a streamlined application by Endorsement, essentially. Multiple clarifications and amendments were made to the forms to better clarify language.

• Rule 64B4-5.007- Citations- a previous meeting made an amendment to the violations with respect to the recently passed Overpayment Refund statute. It is now listed as a minor violation in the board admin code. Remember, you have 30 days of refunding a patient for an overpayment when you find out you’ve collected too much money from them.

• Rule 64B4-31.010, Florida Administrative Code – Course Content- Changes from different admin codes required graduates to come from CACREP and MPCAC accredited programs. For institutions actively attempting CACREP/MPCAC accreditation, it can take up to 2 years to get approved. Changes would allow the definition of "accredited by CACREP/MPCAC” to include “pre-approved” programs that are actively trying to finalize accreditation to be allowed. The changes proposed do not necessarily stop the 2 year wait period; board attorney advised to have the board reach out to the governing bodies for CACREP and MPCAC to look into this more.

• Rule Challenge- a case brought forward to the board challenging a DOAH case. Board attorney felt it helpful to bring to light to the importance of Rule 64B4-10.003 regarding requiring 2 years no contact with ex-patients prior to establishing any kind of sexual relationship with them. Board agreed to not hold discussion on it at this time.

• Rule 64B4-10.003, Florida Administrative Code – Psychotherapist-Client Relationship- Changes made to what is defined by “client” in this admin code to state that a person is considered a client until psychotherapy services are terminated. Therefore, if you do not “discharge” your patients they are still your patients and the 2 year rule does not start until you do. The board does not view kindly at all on people who develop any kind of secondary relationship with a patient within that 2 year time frame. A previous psychology board admin rule was overruled as unconstitutional in court for an “indefinite” timeframe in not having a relationship- it was more about the fact that there was a set timeframe irrespective of the length of treatment time. DO NOT HAVE SEX WITH YOUR CLIENTS, GET MARRIED TO YOUR CLIENTS, LIVE WITH YOUR CLIENTS, ETC. THERE’S LITERALLY BILLIONS OF OTHER PEOPLE IN THIS WORLD.

Disciplinary Proceedings

• Please do not dose your patients your medications. Even if they are on the same medication and dosage.

• Neglect of a minor is just as reportable as abuse- providers are just as liable for reporting neglect as abuse. The particular case in reference to this is a very interesting listen to. Please give it a listen to learn more.

• Couples counseling is indeed psychotherapy, and thus needs the appropriate consents on file and documentation kept. As a repeat, at minimum, you need the following documentation:

  • Demographics sheet (names, addresses, contact information, emergency contact, etc.)

  • BPSA

  • Progress Notes for each DOS

  • Invoices for each DOS

  • Treatment Plan and Reviews

  • This is non-negotiable.

• More multiple relationship problems- please do not accept vehicles from your patients. If you previously have a relationship with someone, do not make them a patient and see them in psychotherapy.

• Honesty is the best policy when you are showing you are doing your best to stay within the legally required guidelines for reporting convictions. There was a case whose state recommended punishment was lowered because the person showed they were doing what they could to stay within the guidelines and also accepted responsibility for their actions. Remember, the board are people too.

General Notes

• 115 current cases as of Nov 2025. 22 cases are over 1 year old. 1 case is older than 4 years.

• COUNSELING COMPACT UPDATES: Arizona and Minnesota are currently live in the Compact. Florida is in its final stages prior to Florida launching. The board just has to review and approve final forms to apply for the Compact and the information that has been shared between states. See above in the Rules Discussion for the specifics on the forms. They are looking to be the THIRD state launching, so it should be any time now! The previous concerns about data transmission were handled.

• Please, please, please- if you are a registered intern getting your hours done, make sure you have that QS letter submitted. Multiple people going up asking for a variance for hours because the person they were getting hours under wasn’t approved by the board. Board approval letters are now specifying what QS is being approved for the intern and board staff are working on getting QS’ assignments listed on the MQA- still encountering problems with implementing that.

• Board is reiterating again that Qualified Supervisors are dropping the ball on various administrative things- getting letters approved, logging supervision hours, communicating regularly with the board, etc. Please be sure that, as a QS and as a supervisee, that you are staying consistent and keeping up with all paperwork and documenting all hours appropriately.

• A petition for declaratory statement was requested defining what a “private practice” is based on statute. Board attorney feels that the current definition of private practice is sufficient enough. Board denied petition for statement, noting that “private practice” cannot really be defined clinically. Board is looking at the “on premises” idea at the January meeting (which will be hosted online!)

• When going in front of the board for answering positively on health or legal questions for a license, ensure that you have all the relevant supporting medical documentation, be honest about what you are doing to ensure your health and safety to the public, and follow all recommendations from the board. There’s been a few sketchier application attempts; to avoid having to go back in front of them it is helpful to come fully prepared.

The next board meeting is ONLINE and is scheduled for Jan 8th, 2026. You can find a link to it here: https://floridasmentalhealthprofessions.gov/.../general.../ You can hop on via Microsoft Teams.

Aaaand that’s it for now! Any questions, feel free to post them here in the comments.