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  • 17 Jun 2020 9:00 AM | John Davis (Administrator)

    Take a look at what our state organization is doing right now. Thank you especially to Laura Giraldo, LMHC for helping us get our workshops running online statewide. A giant shout out goes to Aaron Norton, LMHC our current president for an awesome workshop just now on tele-health.

    DOWNLOAD THE FULL NEWSLETTER

  • 9 Sep 2019 9:00 AM | John Davis (Administrator)

    MICHAEL G . HOLLER, MA, NCC, CFMHE, CCCE, CCMHC, LMHC

    Many, if not all of us received a notice on or about June 28th of this year regarding  the legislative update on SB 1418, informing us that a we now are required, as persons licensed or certified under chapter 491, F.S., to notify law enforcement if a patient or client communicates a specific threat to cause serious bodily injury or death to an identified or a readily available person .

    394.4615 F.S. has been amended as follows:

    Clinical records; confidentiality.—

    (3) Information from the clinical record may be released in the following circumstances:

    (a) When a patient has communicated to a service provider a specific threat to cause serious bodily injury or death to an identified or a readily available person, if the service provider reasonably believes, or should reasonably believe according to the standards of his or her profession, that the patient has the apparent intent and ability to imminently or immediately carry out such threat . When such communication has been made, the administrator may authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the patient . states “When a patient has communicated to a service provider a specific threat to cause serious bodily injury or death to an identified or a readily available person, if the service provider reasonably believes, or should reasonably believe according to the standards of his or her profession, that the patient has the apparent intent and ability to imminently or immediately carry out such threat . When such communication has been made, the administrator may authorize the release of sufficient information to provide adequate warning to the person threatened with harm by the patient.”

    Additionally, 491.0147 states that any communication between any person licensed or certified under this chapter and her or his patient or client is confidential.  However, this statute has been amended as follows:

    491.0147 (1) (c) Confidentiality and privileged communications .

    (1) This privilege may be waived under the following conditions:

    (c) When a patient or client has communicated to the person licensed or certified under this chapter a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter makes a clinical judgment that the patient or client has the apparent intent and ability to imminently or immediately carry out such threat, and the person licensed or certified under this chapter communicates the information to the potential victim . A disclosure of confidential communications by a person licensed or certified under this chapter when communicating a threat pursuant to this subsection may not be the basis of any legal action or criminal or civil liability against such person .

    So F.S. 491.0147 (1) (c) gives us permission to waive confidentiality under these circumstances.  But F.S. 394.4615 (3) (a) requires us to do so.  Most of us are aware of the famous case of Tarasoff v . Regents of University of California.  Essentially, this our own version of Tarasoff.

    MICHAEL G. HOLLER, MA, NCC, CFMHE, CCCE, CCMHC, LMHC

    Licensed Mental Health Counselor #3670, State of Florida
    National Certified Counselor #29912
    Certified Clinical Mental Health Counselor #476234
    Certified Forensic Mental Health Evaluator, #000049
    Florida Supreme Court Certified Family & County Mediator, #15533CF
    Certified Child Custody Evaluator #618
    Qualified Parenting Coordinator
    Qualified Clinical Supervisor
    Past President & Ethics Committee Chair, Florida Mental Health Counselors Association (FMHCA)
    michaelholler.com
    305-393-1230

  • 16 Jul 2019 9:00 AM | John Davis (Administrator)

    There is a lot going on at the state level and beyond.  Welcome to Aaron Norton, LMHC our incoming president of FMHCA.  He’s already doing a great job and has an aggressive agenda.  Check out the July Newsletter .

    DOWNLOAD THE FULL NEWSLETTER
  • 21 Apr 2019 9:00 AM | John Davis (Administrator)

    Much is happening at the state level, including legislation that will soon affect your practice.  Check out the April newsletter here.

    DOWNLOAD THE FULL NEWSLETTER

  • 1 Mar 2019 7:00 AM | John Davis (Administrator)

    Check out the latest news and information from the state level!  Here’s the latest:

    DOWNLOAD THE FULL NEWSLETTER

  • 6 Oct 2018 11:08 AM | John Davis (Administrator)

    Stay current with news from Florida Mental Health Counselor’s Assn! Join us at the Orlando convention in 2019. Details are in this edition !

    Download the Full Newsletter

  • 29 Jul 2018 11:10 AM | John Davis (Administrator)


    Check out the latest news from Florida Mental Health Counselor’s Association’s July newsletter!

    Download the Full Newsletter


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