Florida board suspends one counselor, revokes multiple licenses after disciplinary hearings

The Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling on Jan. 31, 2025 took disciplinary action in a series of enforcement matters, vacating one earlier final order, granting a rehearing, and imposing fines, suspensions and revocations across multiple licensees.

The board vacated a previously issued final order against Yanet De La Tejera, LMHC, and agreed to rehear penalty. Colleen Nolan, presenting for the Department of Health prosecution services, told the board the department was “amenable to the board granting the petition and conducting another informal hearing.” After argument and further evidence and briefing, the board adopted the administrative findings and concluded De La Tejera had been properly served and that the Department’s allegations established a violation tied to the respondent’s termination from the Medicaid program under Florida law. The board imposed an administrative fine of $5,000, ordered payment within one year, and imposed a minimum two-year suspension. The suspension may be lifted thereafter if De La Tejera petitions and proves she is eligible to participate in the Agency for Healthcare Administration Medicaid program; the board also ordered costs of $2,175.10 to be paid within one year. Board members voted unanimously on the final penalty.

The department’s complaint against De La Tejera relied on the fact that she was terminated from the state Medicaid program (cited in the record as section 409.913, Florida Statutes). Defense counsel argued the termination was at-will and that the Department’s use of that termination as an aggravating factor deprived the respondent of an opportunity to address underlying facts; the board debated whether making reinstatement to Medicaid a condition of lifting suspension would create a practical catch-22. The board settled on a minimum two-year suspension plus the eligibility-based reinstatement path to preserve a measurable route back to licensure.

Votes at a glance

- Yanet De La Tejera (LMHC): Findings adopted; administrative fine $5,000 payable within 1 year; suspension no less than 2 years with ability to petition for reinstatement upon proof of eligibility to participate in the Agency for Healthcare Administration Medicaid program; costs $2,175.10 due within 1 year. (Motion passed unanimously.)

- Brenda Laverne McLeod (telehealth LMHC registration): Board accepted investigative report and revoked Florida telehealth registration for failure to maintain an active out-of-state license (Michigan license expired). Costs: $468.52; the board set payment within six months. (Motion passed unanimously.)

- Kevin Thomas Moser (LMHC): Department alleged continuing practice while license delinquent and presented patient communications raising public-safety concerns. Board accepted the investigative report, imposed an administrative fine of $1,000 (due within 1 year) and revoked the license. Costs: $4,497.46 due within 1 year. (Motion passed unanimously.)

- Gary D. Tookes (LCSW): Following a jury conviction on multiple felony counts involving minors, the department requested revocation. The board ordered revocation (respondent is serving a life sentence); prosecution waived fines and fees. (Motion passed unanimously.)

- Laura Kalin (LCSW) — three separate matters: The board found three independent violations involving inappropriate requests for or acceptance of money from patients and inappropriate messaging. For each case the board adopted the findings, assessed a $500 administrative fine (each payable within 1 year), ordered permanent revocation in each matter, and assessed costs as follows: Case 202236087 — costs $4,801.48; Case 202238400 — costs $4,618.49; Case 202335140 — costs $2,118.37 (all costs ordered payable within 1 year). (Motions passed unanimously.)

- Voluntary relinquishments: The board accepted voluntary relinquishments submitted by Kara Orduno and Elena Hatzakos. (Accepted unanimously.)

What the board relied on

Prosecutors repeatedly anchored discipline to discrete statutory or regulatory triggers in the Department’s administrative complaints — most commonly the fact of termination from a Medicaid program (cited in the hearing as a basis under Florida law) or convictions in criminal proceedings that the Department argued created a danger to the public. The board frequently invoked the “danger to the public” aggravator from the Florida Administrative Code (cited during the meeting as Rule 64B4-5.001(3)(a) / 64B4-5.0013(a) in the record for several revocations).

Meeting context and next steps

Prosecution services briefed the board on caseload status, reporting about 114 active cases in the unit’s inventory and 37 cases older than a year that remain on probable-cause agendas; the board authorized continued prosecution of older cases. Several motions at the meeting were unanimous. Affected licensees may pursue subsequent administrative petitions or court review where applicable; in cases where the board tied a suspension to Medicaid eligibility, the board noted respondents may petition for reinstatement once they can demonstrate eligibility.

Quotes

“This penalty recommendation is within the guidelines,” Colleen Nolan said when presenting the Department’s recommended sanction for De La Tejera, adding that suspension “until [the respondent is] in good standing with ACA’s Medicaid program” is consistent with the disciplinary framework the Department relied upon.

Defense counsel for De La Tejera described the Department’s termination of her Medicaid contract as an opaque, at-will administrative decision and urged the board to afford the respondent a path back to practice rather than an open-ended barrier. The board ultimately imposed a time-limited suspension plus a defined petition path.

Why this matters

The board’s orders affect individual clinicians’ ability to practice in Florida and, in some cases, their ability to contract with Medicaid. Several decisions turned on the relationship between licensing discipline and enrollment or eligibility in Medicaid programs — an area board members and counsel debated at length because of practical effects on a suspended licensee’s ability to regain Medicaid participation.

For patients and clinics, the actions underscore the board’s continued focus on boundary violations, billing/credentialing-related issues and any facts that prosecutors argue create a danger to the public. The Department of Health will publish final orders and timelines for appeals where applicable; respondents retain rights to petition or seek judicial review under statute.