Entail – verb – inˈtāl, enˈtāl/

  1. involve (something) as a necessary or inevitable part or consequence.
    “a situation that entails considerable risks”

Rule 64B4-3.008(1) requires that a Registered Interns “…continue in supervision …until until he or she is in receipt of a license to practice the profession for which he or she has applied or a letter from the Department stating he or she is licensed, even if the two (2) year post-masters supervision requirement has been satisfied.”

That rule seems clear, right?  But, what about someone who has a Qualified Supervisor and who fails to report other clinical services he/she provides?  What are the additional (unspecified) risks entailed?

Rule 64B4-3.008(1) was recently used in a disciplinary action against a Registered Marriage and Family Therapy Intern following a complaint to the Board.  The infraction was the provision of couple’s counseling outside of her work for her employer to the parents of children that were being seen as a part of her employment.  The Registered Intern appears to have had regular supervisory sessions with her Qualified Supervisor.  However, the Administrative Complaint suggests that she didn’t disclose this outside work to her Qualified Supervisor and was, therefore, providing clinical services without proper supervision.  It isn’t clear whether or not the Registered Intern billed and received payment from the couple for their counseling services above and beyond her salary as an employee.

Registered Interns should notify their Qualified Supervisor(s) about any additional clinical services that they provide or desire to provide.  In this process of disclosure they protect themselves, their clients, the supervisory relationship and probably their employment.  Qualified Supervisors would do well to ask their supervisees about their interest in providing outside services and determine whether or not there are conflicts of interest involved.  The Qualified Supervisor can determine whether or not he/she wants to assume responsibility for ‘extra work’ and advise the Registered Intern to secure additional supervision from an additional Qualified Supervisor whenever outside/extra services are deemed appropriate and properly provided and documented according to the law.

– Catherine L. Waltz, PhD, is an adjunct professor in the graduate program of the School of Social Work, Barry University.  She is a continuing education provider in the state of Florida providing courses on professional ethics, laws and rules, supervision, mental health error preventionlegalscales and a specialist in domestic violence.
http://drwaltz.corecommerce.com/Workshops-At-A-Glance-15.html 

The educational commentaries provided by Dr. Waltz do not constitute a legal opinion.  If legal advice is needed, it is recommended that contact be made with an attorney qualified in the jurisdiction in which you practice or is applicable to your case.  We recommend that you use your knowledge of the law and your code of ethics in conjunction with this and any other information when deciding upon your course of action.

{ 0 comments }

As hard as it might be to believe it really isn’t okay to borrow money from a client.  For me that is an obvious breech of our fiduciary relationship with our clients.  I think we all know that committing fraud or conspiring to commit fraud through insurance, Medicare and Medicaid billing isn’t okay either.  Again, we know that sexually inappropriate behaviors are also prohibited.

So, why in the past several months have multiple clinicians been disciple for these actions?  I’d say it is because they took the risk, got caught in their deceit and were held accountable for their impropriety.

What are the risks and or costs of these violations? In one case the possible actions of the Department of Health to discipline a licensee for having borrowed tens of thousands of dollars from a client and failing to repay the funds include permanent revocation or suspension of Respondent’s license included: restriction of practice, imposition of an administrative fine, issuance of a reprimand, placement of the Respondent on probation, corrective action, refund of fees billed or collected, remedial education and/or any other relief that the Board deems appropriate.  The final settlement included a one year suspension of license.  At the end of suspension, all elements of probation as outlined in the laws and rules would become effective and the completion of a 3-day ethics and boundary course must be completed within the first year of probation.  In a typical probationary process the probationer must attend weekly supervision with a Board approved supervisor, quarterly reports submitted by the probationer and the supervisor, and all client records are reviewed.  Usually there is a fine of ~$2,500 and payment of the costs of the investigation.  The other specifics for this case were not noted in the Board’s meeting minutes and are not yet posted online.  My summary doesn’t include the costs of legal representation for responding to this complaint and the agony of anxiety related to being notified of the investigation and all that entails.  Wouldn’t you agree that the costs far outweigh any possible benefit such a loan would offer?

I’m not going to address the specifics of any other cases.  Rather, I’d like to refer you to your copy of the Florida Statute 491 and Rules 64B4.  You will find the parameters that guide the board in making their decisions upon hearing a case.  If you don’t have a current copy of the laws and rules feel free to contact me or the Board directly.  In the coming year consider taking a Renewal Laws and Rules course so that you learn the most up-to-date guidelines for licensure, supervision, disciplinary actions and more.

- Catherine L. Waltz, PhD, is an adjunct professor in the graduate program of the School of Social Work, Barry University.  She is a continuing education provider in the state of Florida providing courses on professional ethics, laws and rules, supervision, mental health error preventionlegalscales and a specialist in domestic violence.
http://drwaltz.corecommerce.com/Workshops-At-A-Glance-15.html 

The educational commentaries provided by Dr. Waltz do not constitute a legal opinion.  If legal advice is needed, it is recommended that contact be made with an attorney qualified in the jurisdiction in which you practice or is applicable to your case.  We recommend that you use your knowledge of the law and your code of ethics in conjunction with this and any other information when deciding upon your course of action.

{ 0 comments }

Is the new Pixar movie “Inside Out” a fair example of our internal struggles?

June 22, 2015

I have been intrigued by the implications of this movie since I saw the first trailer some time ago.  The new Pixar film “Inside Out” reminds me of the many conversations that I have had with clients over the past 30+ years.  So many clients talk about “that voice in my head” or “the committee” […]

Read the full article →

Fraud – What is it? What’s the harm?

February 8, 2015

By Catherine L. Waltz, PhD, LCSW June 16, 2014 revised February 9th, 2015 I have noticed a number of disciplinary cases involving some form of fraud in the minutes of the past quarter’s Board meetings.  These cases are another example of intentional deception to the detriment of some “other”.  The cases I reviewed were frauds […]

Read the full article →

Exemptions to Licensure

December 9, 2014

Exemptions to Licensure © Catherine L. Waltz, PhD, LCSW July 17, 2014 – Revised and Shared with Beginning Counselors of Florida on October 31, 2014 Frequently I am asked when providing continuing education on any of our required courses, “How do agencies (or programs) have unlicensed employees (or trainees) providing counseling services?”  There is confusion […]

Read the full article →

What Is Supposed to Happen in an Hour of Supervision?

November 19, 2014

Eye on Florida Laws and Rules What Is Supposed to Happen in an Hour of Supervision? © Catherine L. Waltz, PhD, LCSW November 19, 2014 Registered interns and licensed mental health professionals often want to know just what constitutes supervision.  Questions about supervision are posted online on Facebook and LinkedIn, emailed to me and sometimes […]

Read the full article →

IMPORTANT UPDATE! For: “I want to start a private practice. What do I need to know?”

October 30, 2014

© Catherine L. Waltz, PhD, LCSW October 29, 2014 This post updates the information previously posted on October 19th based on statutes that are in the process of being changed.  Registered Interns should read this commentary thoroughly.  The prior post has been edited and out-dated information deleted. I’m a Registered Intern; can I have a […]

Read the full article →

I want to start a private practice. What do I need to know?

October 21, 2014

© Catherine L. Waltz, PhD, LCSW October 19, 2014, revised October 29, 2014 I’ve been licensed and working for a while but I really want to be in private practice.  What do I need do first?  I’m a Registered Intern; can I have a private practice? These questions and others have been posed to me […]

Read the full article →

New Course in November – Grief and Mourning

September 29, 2014

Grief and Mourning: The Lessons and Gifts (c) Sherrill Valdes, LCSW New Workshop Offered  by New Trainer on: November 21st, 2014 – 8AM to 3:30PM – 6 CEUS No one is immune from loss. Everyone has experienced loss in their lives and most are aware of how it affected their feelings and behaviors as well […]

Read the full article →

Are you up-to-date with the current Florida Laws & Rules?

September 11, 2014

© Catherine L. Waltz, PhD, LCSW September 11, 2014 While preparing to provide the new Renewal Florida Laws & Rules course I found approximately 15 law changes since 2010.  I focus on those changes when providing the course.  But, I believe that I am going to have to change that process.  It may be necessary […]

Read the full article →