I have seen this discussion come up often lately, and so I am inspired to write this post. There are many practitioners who believe that interns cannot be in private practice in the state of Florida. They would be wrong.
This is not meant to be an exhaustive list, but I have outlined here some very common questions interns have.
Presence of Mental Health Professional
Back in April of 2013 I contacted Dee Ramer, Regulatory Supervisor for the Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling (henceforth referred to as the “491 Board”). Ms Ramer specified that as long as a mental health professional is present at all times, interns can have their own private practice.
What is a “mental health professional” as defined by the 491 Board?
64B4-2.006 Definition of “Mental Health Professional”.
“Mental health professional” as used in Sections 491.005(1)(c), (3)(c), (4)(c), and 491.0046(3), Florida Statutes, is defined as a psychotherapist licensed under Chapter 491, a psychologist licensed under Chapter 490, a psychiatrist licensed under Chapter 458 or 459, Florida Statutes, who is certified by the American Board of Psychiatry and Neurology; or an advanced registered nurse practitioner certified under Section 464.012, Florida Statutes, and who is certified by a board approved national certification organization pursuant to Rule 64B9-4.002, F.A.C.”
Proper Use of Title
Interns, regardless of practice setting, must clearly state that they are interns. The titles “Registered Mental Health Counselor Intern,” or “Registered Marriage and Family Therapist Intern,” or “Registered Clinical Social Worker Intern” must be used as such. Please see the 491 Board’s definitions for more information.
It is very important not to mislead clients. The public does not understand the finer distinctions in our titles. Therefore, Using misleading initials such as LMHCi may cause clients to believe you are a licensed practitioner, which is not only illegal but unethical. It is also not recommended to abbreviate your intern title, i.e. “RMHCI.” Again, the public is not clear on what this means.
This becomes particularly important in private practice, because in your marketing efforts (yes, you can market yourself! Just not as a licensed person) you may end up using the terms “counseling” or “psychotherapy.” Your intern title, fully spelled out, should be prominently displayed on any marketing material. For example, putting “Registered Mental Health Counseling Intern” at the top of all of your material would clearly communicate to future clients that you are not yet licensed.
Incorporation
Whether or not to incorporate is a financial decision, not a legal or ethical one. Consult with your accountant and/or financial advisor to decide how best to proceed. The 491 Board does not care if you are an S Corp, an LLC, or not incorporated at all. What the 491 Board does care about is that you have proper supervision, liability insurance, and the presence of a mental health professional. Therefore, it is not necessary to incorporate in order to start seeing clients in private practice, but it may be to your advantage. If you do decide to incorporate, you may want to consider registering a DBA name (“doing business as”).
Business Licenses
You will need to register yourself as a business in the county you are doing business in. There may be additional business licenses if you also fall within the range of city limits. This is not a 491 Board requirement, but rather a legal requirement from the state of Florida.
Yours in the Joy of Knowledge,
Dr. Barb LoFrisco
