Is Scientology Auditor Nayyirah Tiviva Mohammad breaking FL law by delivering Mental Health Therapy?

Discussion in 'News and Current Events' started by COS and NOI News, Aug 14, 2020.

  1. Is Scientology Auditor Nation of Islam Sister Nayyirah Tiviva Mohammad violating Florida law by offering or delivering "Mental Health Therapy" without a license?

    The question is not rhetorical. I do not know the answer. I am simply raising the issue

    Sister Nayyirah Tiviva Muhammad's "Repair of the Black Family" website states that she is offering "Mental Health Therapy" for $125 for five hours.


    Sister Nayyirah Tiviva Muhammad resides in Florida and Repair of the Black Family is a Florida not for profit corporation.


    Regarding the first possible violation of the law, Florida Statute 491.012(1)(k) provides that it is unlawful to practice "mental health counseling" without a license:

    "491.012 Violations; penalty; injunction.—

    (1) It is unlawful and a violation of this chapter for any person to:

    * * *

    (k) Practice mental health counseling in this state for compensation, unless the person holds a valid, active license to practice mental health counseling issued pursuant to this chapter or is an intern registered pursuant to s. 491.0045."

    Section 491.003 defines the “practice of mental health counseling”:

    "(9) The “practice of mental health counseling” is defined as the use of scientific and applied behavioral science theories, methods, and techniques for the purpose of describing, preventing, and treating undesired behavior and enhancing mental health and human development and is based on the person-in-situation perspectives derived from research and theory in personality, family, group, and organizational dynamics and development, career planning, cultural diversity, human growth and development, human sexuality, normal and abnormal behavior, psychopathology, psychotherapy, and rehabilitation. The practice of mental health counseling includes methods of a psychological nature used to evaluate, assess, diagnose, and treat emotional and mental dysfunctions or disorders (whether cognitive, affective, or behavioral), behavioral disorders, interpersonal relationships, sexual dysfunction, alcoholism, and substance abuse. The practice of mental health counseling includes, but is not limited to, psychotherapy, hypnotherapy, and sex therapy. The practice of mental health counseling also includes counseling, behavior modification, consultation, client-centered advocacy, crisis intervention, and the provision of needed information and education to clients, when using methods of a psychological nature to evaluate, assess, diagnose, treat, and prevent emotional and mental disorders and dysfunctions (whether cognitive, affective, or behavioral), behavioral disorders, sexual dysfunction, alcoholism, or substance abuse. The practice of mental health counseling may also include clinical research into more effective psychotherapeutic modalities for the treatment and prevention of such conditions.

    (a) Mental health counseling may be rendered to individuals, including individuals affected by the termination of marriage, and to couples, families, groups, organizations, and communities.

    (b) The use of specific methods, techniques, or modalities within the practice of mental health counseling is restricted to mental health counselors appropriately trained in the use of such methods, techniques, or modalities.

    (c) The terms “diagnose” and “treat,” as used in this chapter, when considered in isolation or in conjunction with any provision of the rules of the board, shall not be construed to permit the performance of any act which mental health counselors are not educated and trained to perform, including, but not limited to, admitting persons to hospitals for treatment of the foregoing conditions, treating persons in hospitals without medical supervision, prescribing medicinal drugs as defined in chapter 465, authorizing clinical laboratory procedures pursuant to chapter 483, or radiological procedures, or use of electroconvulsive therapy. In addition, this definition shall not be construed to permit any person licensed, provisionally licensed, registered, or certified pursuant to this chapter to describe or label any test, report, or procedure as “psychological,” except to relate specifically to the definition of practice authorized in this subsection.

    (d) The definition of “mental health counseling” contained in this subsection includes all services offered directly to the general public or through organizations, whether public or private, and applies whether payment is requested or received for services rendered."

    If Sister Nayyirah Tiviva Muhammad is not providing "mental health counseling," then what is she providing?


    Regarding a possible second separate or additional possible offense, Section 491.012(2) provides:

    "491.012 Violations; penalty; injunction.—

    (2) It is unlawful and a violation of this chapter for any person to describe her or his services using the following terms or any derivative thereof, unless such person holds a valid, active license under this chapter or chapter 490, or is certified under s. 464.012 as an advanced registered nurse practitioner who has been determined by the Board of Nursing as a specialist in psychiatric mental health and the use of such terms is within the scope of her or his practice based on education, training, and licensure:

    (a) “Psychotherapy.”

    (b) “Sex therapy.”

    (c) “Sex counseling.”

    (d) “Clinical social work.”

    (e) “Psychiatric social work.”

    (f) “Marriage and family therapy.”

    (g) “Marriage and family counseling.”

    (h) “Marriage counseling.”

    (i) “Family counseling.”

    (j) “Mental health counseling.”


    Concerning a third possible separate or additional offense, Section 491.012(1)(c) provides:

    "491.012 Violations; penalty; injunction.—

    (1) It is unlawful and a violation of this chapter for any person to:

    * * *

    (c) Use the following titles or any combination thereof, unless she or he holds a valid, active license as a mental health counselor issued pursuant to this chapter:

    1. “Licensed mental health counselor.”

    2. “Mental health counselor.”

    3. “Mental health therapist.”

    4. “Mental health consultant.”"


    Sections 491.012(3) and (4) set forth the penalties:

    "(3) Any person who violates any provision of subsection (1) or subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

    (4) The department may institute appropriate judicial proceedings to enjoin violation of this section."
  2. Incredulicide Member

    Backups of the pages:

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