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Darlene Silvernail, PhD, LMHC, CAP

FMHCA President 

DocSilvernail@aol.com  

July 2013 -2014
Board of Directors

 

Past President 

Carlos Zalaquett, Ph.D., LMHC 

carlosz@usf.edu   

 

President Elect 

Kelly Holladay, MS, NCC, LMHC, Doctoral Student
kholladay@flmhca.org

 

Treasurer 

Norman Hoffman, PhD, EdD, LMHC, LMFT
nhoffman@flmhca.org

 

Secretary

Kathie Erwin, PhD, LMHC

kerwin@flmhca.org

 

Parliamentarian 

Frank Hannah, MS, LMHC

fhannah@flmhca.org

 

Member-at-Large

Scott Laurence, MEd, PhD, LMHC

slaurence@flmhca.org

 

Member-at-Large

Michael Holler, MA, NCC, CFMHE, CCCE, LMHC, QCS

mholler@flmhca.org 

 

Member-at-Large

Joe Skelly, MS, LMHC

jskelly@flmhca.org

 

Member-at-Large

Michael Zelewa, LMHC, MAC, PA

mzelewa@flmhca.org

 

Newsletter Editor

Darlene Silvernail, PhD, LMHC, CAP

dsilvernail@flmhca.org

 

Administrator

Nancy Montgomery

Professional Administrator

admin@flmhca.com
FMHCA's Mission... 

The Mission of the Florida Mental Health Counselors Association is to advance the profession of clinical mental health counseling through intentional and strength-based advocacy, networking, professional development, legislative efforts, public education, and the promotion of positive mental health for our communities.

  

FMHCA Officers 2013-2014

 

A Letter from the President

 

Hello and welcome! I am so excited to report that we have been busy, busy, busy over the summer months and we already have so many new changes to be thankful for!

 

First and foremost, I want to extend a heartfelt thanks to each and every one of you who have reached out to volunteer on FMHCA's Committees this year. Wow, what a response we have had! I have said it before and I will say it again - FMHCA can only be as strong as its membership. Thanksfully, we have some pretty strong members! Thanks to our new and improved website, you can now view a complete list of FMCHA Committees, their descriptions, goals, and members.

 

Did you catch that part about our new and improved website? That's right - the world is constantly changing and FMHCA strives to change right along with it. Many long hours have gone into making a more appealing, easier to navigate website for FMHCA members to enjoy. I want to thank the team who worked so hard on this project - I love the results and I hope that you will as well!

 

So it's that time of year again - time to start planning next year's Annual FMHCA Conference!   Believe it or not the process is already underway. The theme for our 2015 Conference is Psychotherapy and the Brain. There have been so many exciting advances in our understanding of the brain in recent years - this promises to be a fascinating and educational conference! You can find more information here.


We're also excited to announce that comedian Mark Lundholm has been invited to kick off our event and get your brain relaxed and happy! Mark is well known for his honest and compelling stories of surviving addiction - find out more about Mark's show, here.  

Now, if you've been interested in volunteering with FLMHCA and just didn't know how or where to get started there is always help needed on the Conference Planning Committee! Contact Kelley Holladay to volunteer.

 

In other news, several FMHCA members attended AMHCAs 2014 Annual Conference: Thriving in a New Era of Healthcare Reform. They attended Leadership Training designed to support and assist chapters in addressing their individual needs as well as benefit from interacting with other chapters. This interaction not only strengthened each chapter but also strengthened the connection with the national organization. Florida will take on some key goals this year to build a strong presence, with a primary goal of creating Florida chapters that are resilient to the challenges of a changing healthcare landscape.  

 

Finally, I wanted to take a moment to recognize two FMHCA members who recently received outstanding recognition for their efforts from our parent organization, AMHCA.

 

Our President-elect, Kelley Holladay, is the winner of AMHCA's 2014 Travel Scholarship Award due to her outstanding graduate student work. Ms. Holladay is a doctoral student at the University of Central Florida, where she is the practicum coordinator of their Community Counseling and Research Clinic. Ms. Holladay's work with FMHCA has been so valuable and we are truly happy for her.

 

AMHCA also recognized Mr. Ellsworth "Tony" Williams with AMHCA's Outstanding Community Service Award.   Mr. Williams is a United States Military veteran who brings his empathy and expertise to our service men and women. His work for and with our veterans has truly been exemplary and we commend him on his achievement.  

 

Darlene Silvernail

President of FMHCA 

DSilvernail@FLMHCA.org 

 

While attending Leadership in Seattle during AMHCA's annual conference, efforts were put forth to spread the work about our upcoming Florida conference. Presently, the theme is "Psychotherapy and the Brain." The Call for Presenters has just been released with a variety of themes encompassing clinical information and techniques to help advance the profession. Dynamic approaches are sought to make this conference both informative and exciting. ACA Codes of Ethics (2014, p. 8) state that "Counselors actively participate in local, state, and national associations that foster the development and improvement of counseling." Involvement at the state level can occur through several avenues. For those interested, there is still room to join the conference committee. Please email KHolladay@FLMHCA.org for more information, and/or to submit your conference proposal.

 


Kelley Holladay, MS, NCC, LMHC
President-Elect

Dodgin' Bullets - The FMHCA Way 

By Joe P. Skelly, M.S., L.M.H.C.
President of Emerald Coast Mental Health Counselors Association (ECMHCA)
Member At Large, Florida Mental Health Counselors Association (FMHCA) 

 

As practitioners in our heavily military Florida know, TRICARE Management Authority (TMA) had determined that LMHC's who had not met the criteria for TCMHC (TRICARE Certified Mental Health Counselor) by December 31, 2014, were due to be disenfranchised completely from the military insurance system. This mostly affected older practitioners who had passed the PCE (Professional Counselor Exam), the NCE (National Counselors Exam), or had not graduated from a CACREP accredited school - although CACREP wasn't even afloat back in the day when these clinicians got licensed. The end result of this was to exclude many of the practitioners - younger, older and often the most seasoned - who had not met the TMA requirements.

The affects would have been grievous.
But we've just dodged a bullet. 

Steve Giunta, President of AMHCA, has been working closely with us in FMHCA and ECMHCA on the whole Army/Air Force/TRICARE/CACREP/NBCC Gordian Knot and t
he time frame has been changed from prior to January 1, 2015, to prior to January 1, 2017. This is welcome news for many of you who had not yet qualified as TCMHC's. As I interpret this, it means that those of you who haven't qualified can still file for TRICARE reimbursement just as before - with Physician's oversight - and will now be termed Supervised Mental Health Counselors (SMHC) until the expiration of this extension on December 31, 2016. If you've qualified as a TCMHC, you no longer need physician oversight; you have now been officially baptized by TMA. (See the completed regulations listed in the Federal Register at the following link: https://www.federalregister.gov/articles/2014/07/17/2014-16702/tricare-certified-mental-health-counselorsutm_campaign=email+a+friend&utm_medium=email&utm_source=federalregister.gov

So, basically, we got handed 2 more years to continue to straighten out a system that all too often penalizes and marginalizes the very practitioners with the most experience treating (or having been in) the military. 

Sheesh.

We are continuing to work assiduously on this and I still have the E-mails of so many of you who are in that disenfranchised position. Don't give up hope; just keep on humpin' for the next 2.5 years and hope that we're successful with some diabolically ethical new strategies we're concocting with AMHCA leadership, as well as our grass roots efforts, like with our local Congressional representatives. 

We just bought us some time and I think we got em' on the run.

 

===============================================

Don't forget to check the website
by mid July for a call for presenters!


********

Conference volunteers are needed!

If you're interested, please email Kelly Holladay.

===============================================

Legislative Summary 

By Corinne Mixon, Florida Statewide Lobbyist for FMHCA

 

The Florida Mental Health Counselors Association saw successful outcomes from the 2014 Florida Legislative Session. Florida's Mental Health Budget, which falls completely under the Department of Children, Families and Elder Affairs, remained consistent with the 2013 allocations. Significant cuts to this budget were proposed during the 2013 legislative session, but the budget crisis was averted. No such threat existed this year.

By the numbers, fewer bills passed during the 2014 legislative session than any time in the past decade. Lawmakers passed 264 bills in the 60-day legislative session that ended Friday, the fewest since at least 2001. That's 22 percent less than the 10-year average of 338 bills passed per year for 2004-2013. Of the 264 bills passed, many were local resolutions, license plate adoptions and declarations. Very few health care related bills passed. Unfortunately, the FMCA priority bill, relating to placing a five-year cap on internships, was among the many bills that died in the committee process. Nevertheless, the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling has informally reported that an increased number of long-term interns are taking steps toward full licensure as a result of the bill being filled, regardless of its passage. This is excellent news!

Many other outcomes of the 2014 Florida Legislative Session were also positive. All bills that FMHCA opposed failed to pass, including a bill that would have created a state license for behavior analysis. FMHCA lobbied against this measure, which, at a minimum, needed to be significantly amended. Additionally, a measure to review how the state funds crisis stabilization units, which treat those in need of emergency mental health treatment, failed to pass. FMHCA opposed this bill in any form, but the original bill would have completely gutted the funding mechanism for crisis stabilization units.

Through the leadership of FMHCA Governmental Affairs Committee Chairman, Richard Chapman and the daily lobbying efforts of Mixon and Associates, FMHCA enjoyed a strong presence in Tallahassee. The entire Governmental Affairs Committee played an extremely active role in supporting FMHCA's legislative platform. Special thanks should be given to Lorrie McCann, Norman Hoffman, Sareet Taylor, Carlos Zalaquette, Louise Sutherland, Alder Allensworth, Valarie Hoppenworth and Darlene Silvernail.


There's Still Time to Join A FMHCA Committee!

 

As you may know, FMHCA has many different agendas being actively promoted and managed at any given time. How do we do this? Through the efforts of our committees, of course! FMHCA's Committees help us organize and meet our goals each year. In order for our committees to be successful, we need volunteers! Being a volunteer with FMHCA helps you stay abreast of current happenings and gives you a voice!

We are currently seeking willing Committee Chairpersons for the following committees:

  • Education, Training Standards & Continuing Education Committee
  • Military Service Committee

All of our committees are seeking energetic and creative members. In addition to the two above, choose from:

  • Ethics Committee
  • Research Committee  
  • Membership Committee
  • Graduate Student Committee
  • Interpersonal, Consumer, & Public Relations Committee
  • Legislative Committee
  • Finance Committee
  • Nominations and Elections Committee
  • Bylaws Committee
  • Government Relations
  • 2015 Annual Conference Planning Committee

Signing up is easy - first, please make sure that your membership with FMHCA is current and active. Then simply email silvernailserv@aol.com and we'll get you added to the committee of your choosing!


Eye on Florida Laws and Rules
Exemptions to Licensure
Catherine L. Waltz, PhD, LCSW

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 and concern about how this can happen and whether or not the practice is legal. The practice is legal under the following circumstances.

 

Our Practice Act, Florida Statute Chapter 491 addresses this matter directly in subsection 491.014 Exemptions. The first three points address the fact that our Practice Act cannot limit the practice of certain professionals (and religious related service providers) licensed under various other chapters as long as they do not present themselves to the public as licensed in one of our professions (Licensed Clinical Social Work, Licensed Marriage and Family Therapist or Licensed Mental Health Counselor) or use our protected titles as noted parenthetically above.

 

Then, the next section addresses the circumstances where individuals are not required to be licensed, provisionally licensed, registered, or certified under Chapter 491. They are:

  • employees of governmental agencies,
  • developmental disability facilities and programs,
  • a mental health, alcohol, or drug abuse facility operating under chapter 393, chapter 394, or chapter 397;
  • the statewide child care resource and referral network operating under s. 411.0101;
  • a child-placing or child-caring agency licensed pursuant to chapter 409;
  • a domestic violence center certified pursuant to chapter 39;
  • an accredited academic institution; or
  • a research institution

The statute further indicates that this exemption applies to the employee who is performing duties for which he or she was trained and hired solely within the confines of such agency, facility, or institution, so long as the employee is not held out to the public as a clinical social worker, mental health counselor, or marriage and family therapist. What this does is extend our 'title protection' but not the licensure requirement.

 

This statute also allows counseling services provided via:

  • private, nonprofit organizations which provide counseling services to children, youth and families
  • masters social work, marriage and family and counseling students
  • non-resident providers who are licensed in other states but provide services in Florida 15 days or less a month, and
  • behavior analysts

 

Despite the breadth of situational exemptions, all these counseling providers are bound by subsection 491.012 wherein our professional titles are identified and protected. Furthermore, they must meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the person is not qualified by training or experience. This section does not indicate where one might file a complaint alleging unprofessional or other problematic behavior. One could guess that there would be a complaint provision via a state contract for licensed facilities and programs or internal grievance or complaint procedures in other institutions. Of course, if the behavior is illegal (i.e., sexual misconduct with a client), one could file a police report.

 

- 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 prevention and a specialist in domestic violence. http://www.drwaltz.com/contact-us-2 

 

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 information (and any other) when deciding upon a course of action.

 

Call To Action 
By Lorrie McCann, LMHC, CT

 

 

Tip O'Neill said, "All politics is local." Those words were true in 1935 and they are true today. Just ask Eric Cantor (R-VA) House Majority Leader who lost the primary election according to a 6/11/14 NY Times article because he forgot his base.

 

As voters we matter and what we have to say can change the course of an election. Right now there is legislation in the House (HR 3662) and Senate (S562) that if passed will allow us to be Medicare Providers. Becoming Medicare Providers is critical for the future of our profession. It is important because we live in Florida, the state with the highest percentage is seniors in the nation. We cannot serve this population without Medicare Provider status. Even more importantly, we risk being left out of insurance panels all together if we are not Medicare Providers. To improve outcomes and reduce costs the Affordable Care Act promotes seamless care. Consequently, insurance companies will seek providers who can care for all their members. If a panel has two candidates submitting provider applications one who can care for clients under 65 and those over 65 and the other is limited to clients under 65, which one do you think will be approved?

 

Let your voice be heard!! Contact your legislators and ask them to support our cause. Go to www.amhca.org select the tab Advocacy under Professional and Student section.

And...join the FMCHA Government Relations Committee. Be part of FMHCA's efforts to advocate for LMHC's full inclusion in the community of mental healthcare providers. For more information contact Lorrie McCann, LMHC at ldmctor@aol.com 

 

 

Transition from ICD-9 to ICD-10  

Codes delayed another year!

By Tamara McKlveen

 

On January 16, 2009, the Department of Health and Human Services published the final regulation (45 CFR 162.1002) that adopted the ICD-10-CM and ICD-10 PCS code sets as HIPAA standards. This rule required the use of the ICD-10 code sets in all HIPAA transactions. The compliance date published in the original ruling was October 1, 2013. So, the ICD-10 code sets were supposed to have been used in transactions with services dates on or after October 1, 2014.

 

That ruling was just extended. On April 1, 2014, the Protecting Access to Medicare Act of 2014 (PAMA) (Pub. L. No. 113-93) was enacted. This act said that the Secretary may not adopt ICD-10 code sets prior to October 1, 2015. It is expected that an interim final rule will soon be released which will include a new compliance date; the rule would require HIPAA covered entities to continue to use ICD-9-CM through September 30, 2015 and transition to ICD-10 beginning October 1, 2015. (CMS.gov, 2014).  

 

This is a great example of how legislation continually changes - staying current is crucial to your success! You can continue to track ICD-9 to ICD-10 transition legislation either with email updates or by following them on twitter 

. For now, it appears that you have a little more time to transition from ICD-9 to ICD-10, but don't procrastinate - 2015 will be here before you know it.      

  


 

Find Out More About the Basics in the Road to 10
To find out more about ICD-10 basics and beyond-including how to build an action plan, update your processes, and test your readiness-check out the Road to 10 resource for small medical practices, available at cms.gov/ICD-10.


Keep Up to Date on ICD-10
Visit the CMS ICD-10 website for the latest news and resources to help you prepare. Sign up for CMS ICD-10 Industry Email Updates.
You must be using Version 5010 HIPAA standards in order to conduct electronic transactions with ICD-10. The earlier, Version 4010 HIPAA standards cannot accommodate the longer ICD-10 codes.

 

 

 

Want to be more active in FMHCA?   

An Open Request for Volunteers

 

 

We need you !!!

 

Do you want to take a more active role in FMHCA?  Consider volunteering to serve on one of the following committees:

  • The Government Relations Committee
  • The Educational, Training Standards, and Continuing Education Committee
  • The Membership Committee
  • The Graduate Student Committee
  • The Interpersonal and Consumer Relations Committee
  • The Public Relations Committee
  • The Research Committee
  • The Military Service Committee
  • The Ethics Committee
  • 2015 Conference planning committee

Please contact Dr. Darlene Silvernail at docsilvernail@aol.com     

 



We believe that compassion is a circle of care in which clients, peers, families and professionals join hands. Healing takes place within that circle. Our culture is strong in building external family systems and supports. Clients, alumni and our staff come together to celebrate the joys of living a sober and clean lifestyle. This means when treatment ends our relationship doesn't. As long as you remain committed to recovery, come back whenever you need us.

Total Recovery Now is grounded in the unshakable conviction that individuals, families and communities can recover from the diseases of alcoholism and addiction in all their forms when immersed in a compassionate yet disciplined environment that combines known medical models with innovative, dignified teaching methods leading to self-fulfillment, gainful employment and responsible social participation.

 

Recovery is a process that works best nested in a community of others committed to recovery. Take the message home and let the ripple effect bring new life to all our communities! Building a strong foundation is vital for long-term sobriety. Total Recovery Now would like to encourage you to participate in our aftercare and alumni programs.
Join the celebrations we'll continue to have. Join our recovery family for festivities like holiday ceremonies and annual awards that celebrate client and alumni milestones-whether it's a marriage, a job or a new addition to your family.

 

Call for more information call us at (561) 822.3620 or visit www.totalrecoverynow.com

 

This Week in Congress 

Under Great Pressure

By James K. Finley

Associate Executive Director/Director of Public Policy, AMHCA 

 


Congress plans to recess this Thursday and not return to the Capitol until September 8.
Members are under great pressure to complete a few high profile bills that will provide a
little political cover from their dearth of legislative accomplishments ahead of the November
election. Many items appear on their list for action this week, including completion of a bill
providing over $2.0 billion for the crisis of unaccompanied children at the border and House
consideration of the Republican resolution authorizing a lawsuit against the President for his
use of executive actions.

Department of Veterans Affairs
The Senate plans to vote on the confirmation of Robert McDonald as the new Secretary of
Veterans Affairs. McDonald will enter the VA job under great public and congressional
pressure to shake up the agency, including making sure veterans receive timely access to
mental health services. Last week AMHCA and our coalition of mental health counseling and
marriage and family professional groups met with key mental health staff with the VA.
AMHCA and others in our groups clearly tied the crisis in the availability of mental health
services for vets with the extremely slow pace of hiring members of our two professions.
Meanwhile, House and Senate negotiators are racing to reach agreement on legislation to
overhaul the Department and its waiting list problems. Both chambers have passed
legislation to expand veteran access to care from non-VA facilities and providers, but their
bills would not expand access to clinical mental health counselors. AMHCA and our coalition
partners continue to raise our voice in support of increased hiring in a number of key
congressional offices.

Government Funding
Federal agency operations will again shut down on October 1st, if Congress cannot approve
the agency spending bills necessary for basic program operations. So far the congressional
appropriations debate has moved at a snail's pace, but Congress may begin movement this
week on a short-term stopgap measure. Such a measure is known as a continuing resolution
a will carry agency program operations past the election and safely into the lame-duck
session. Passage of a continuing resolution in September when they return will be a top
priority, but it will not come easily. Some House conservatives may again attempt to hold up
government funding, particularly those emboldened after the defeat of House Majority
Leader Eric Cantor.
Become a FMHCA Member! 

FMHCA invites all mental health professionals to become a part of our organization so your voice can be heard and you can enjoy a strong network of professionals in our state.  There are two ways to join -- via our website or via the AMHCA website.

 

Clinical members may join both FMHCA and AMHCA with UNIFIED DUES of just $234.00.   To take advantage of dual membership, you must join through AMHCA.  Visit www.amhca.org and join online.

 

Others may join via www.flmhca.org by downloading a membership form and mailing it with your payment, or you may make a payment directly through our website.  Keep in mind we have a few membership options:

 

$96.00 Clinical - All LMHC's or CCMHC's

$80.00 Regular - All registered interns or non-licensed professionals

$40.00 Student - Full time graduate student

$40.00 Retired Clinicians - License Retired


Available Job Postings 

Special Note: Job postings for our newsletters must be submitted by the 25th of each month and we will run your posting for one month. Please submit your posting to docsilvernail@aol.com.

 


Detox inpatient seeking qualified  addiction professionals for New In-patient Detox Okeechobee Fla

Fax resumer 772-597-0063.   

 
 
  

  

Private Florida leasing firm seeks to place mental health clinicians, BHT's, medical directors, ARNP's , registered dietician's and qualified lic clinical supervisors. Please fax resume's to 561-642-3144 
  

 

 


 

 

 

If your FMHCA membership expired in July, we remind you to renew today by going to our membership page.

 


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