Florida State Statutes and the Licensed Mental Health Professional

            The Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling was established by the state to license clinical social workers, marriage and family therapists, and mental health counselors who practice in the state of Florida.   Eight chapters in the Florida State Statutes (FSS) that cover Licensed Mental Health Counselors (LMHC)  ("Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling » Licensed Mental Health Counselor - Licensing, Renewals & Information," 2015).

            FSS 491.003(9) explains the definition of mental health counseling.  Mental health counseling uses scientific and applied behavioral science theories, methods and techniques to describe, prevent and treat undesired behavior.  It also improves mental health and human development and is based on perspectives gained through research and theory in personality, family, group, and organizational dynamics.  The practice includes psychotherapy, counseling, behavior modification, consultation, crisis intervention among other types of therapy ("Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling » Licensed Mental Health Counselor - Licensing, Renewals & Information," 2015).

            FSS 491.0147 explains confidentiality and privileged communications involving persons licensed or certified in the state of Florida.  This section explains that any communication between a person who is licensed or certified in the state and his or her patient or client is confidential.  This confidentiality may be waived when the licensed or certified person is a defendant in a civil, criminal or disciplinary action that arises from a complaint filed by a client, when the client waives confidentiality in writing, or if the licensed or certified person believes there is a clear and immediate probability that the client is in physical harm or could cause harm to themselves, others, or society.  The licensed or certified person may only disclose this information to the potential victim, family member, law enforcement, or other applicable authorities ("Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling » Licensed Mental Health Counselor - Licensing, Renewals & Information," 2015).

            FSS 397.311(26) provides a definition for qualified professionals.  Qualified professionals in the state are physicians, physician assistants, and advanced registered nurse practitioners having a specialty in psychiatry.  The Certified Addiction Professional (CAP) is a certification that is recognized in the state for substance abuse professionals, and is also a qualified professional.  The CAP has to undergo a lengthy certification process that requires training and experience in several domains.  The CAP must hold a minimum of a bachelor’s degree, and recently Florida has also introduced a master’s level CAP (MCAP) for CAPs who hold a master’s degree ("Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling » Licensed Mental Health Counselor - Licensing, Renewals & Information," 2015).

            The website for the Florida Board of Clinical Social Work, Marriage, & Family Therapy and Mental Health Counseling is: http://floridasmentalhealthprofessions.gov/.

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Reference

Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling » Licensed Mental Health Counselor - Licensing, Renewals & Information. (2015). Retrieved from http://floridasmentalhealthprofessions.gov/licensing/licensed-mental-health-counselor/