Mental‑health association urges board to consider rule limiting release of raw test data; board requests further research

Representatives of the Florida Mental Health Counselor Association (FMHCA) asked the board to consider a rule that would restrict release of raw test data — defined as test protocols, test questions, assessment notes and answer sheets — except when records are released to another mental‑health professional or ordered by a court.

Dr. Aaron Norton and association representatives said a psychologist rule (citation: 64B19‑18.004 subpart 3) has been effective in clarifying expectations for psychologists responding to subpoenas or requests for records and would be similarly useful for licenses under this board. FMHCA representatives cited federal and ethics considerations including the American Counseling Association’s ethics language and trade‑secret considerations under HIPAA as supportive rationales.

Board counsel raised legal and policy questions: whether the board has clear rulemaking authority to adopt such a restriction for the professions under its jurisdiction and whether the board should become involved in matters tied to subpoenas and litigation. Counsel recommended further legal research and consultation with national bodies before drafting rule language.

The board did not take action on the proposal and asked staff and counsel to research statutory authority and potential unintended consequences before placing the matter on a future agenda.

Why it matters: Rules that limit release of raw test materials can affect how licensees respond to subpoenas, client requests and inter‑professional record transfers, and could intersect with federal privacy law and publisher copyright/licensing terms.

Sources: Public comment and counsel remarks at the meeting.