Frequently Asked Questions (FAQs) About Forensic Mental Health Evaluation and/or the Certified Forensic Mental Health Evaluator (CFMHE) Credential

1. Can counselors, social workers, and marriage and family therapists conduct forensic mental health evaluations, or are only psychologists and psychiatrists allowed to conduct them?
   
2. Do I have to be a Certified Forensic Mental Health Evaluator (CFMHE) to conduct forensic mental health evaluations? (i.e., "Will this credential enable me to provide valuations in my State?")
3. Can licensed counselors, social workers, and marriage and family therapists administer and interpret psychological tests?
4. If I have a history of disciplinary action from a licensure board in a mental health profession, am I eligible for the Certified Forensic Mental Health Evaluator (CFMHE) credential?
5. Does my training and/or experience count towards the 40 hours of forensic training and/or experience required for the CFMHE credential?

Can counselors, social workers, and marriage and family therapists conduct forensic mental health evaluations, or are only psychologists and psychiatrists allowed to conduct them?

However, some states and jurisdictions restrict counselors, social workers, and marriage and family therapists from conducting certain types of forensic mental health evaluations in certain contexts.  Laws, rules, and codes vary not only state-to-state but also across regional jurisdictions within the same state.   For example, in Florida, 916.115, F.S. provides that only psychologists, psychiatrists, and physicians may be appointed by the courts to offer expert witness testimony and conduct certain types of forensic evaluations (e.g., criminal responsibility, competency, and civil commitment) in criminal cases.  However, that statute does not regulate who attorneys may hire to conduct evaluations, the types of professionals who may offer evaluations and testimony in civil and family court cases (e.g., child custody/parenting evaluations, guardianship evaluations, personal injury cases, disability evaluations, etc.), nor court appointments for a variety of other forensic evaluations in criminal cases (e.g., violent potential, substance use, downward departure, etc.).  Consequently, licensed counselors, social workers, and marriage and family therapists often conduct those types of evaluations, illustrating the complexity of this question. 

As a national board, it would not be possible for NBFE’s personnel to be fully aware of all laws and rules in every jurisdiction throughout the country, which are numerous and changing.  Ultimately, it is the responsibility of each practitioner to become knowledgeable of their scope of practice as it relates to forensic mental health evaluation in their respective jurisdictions.

Here are a few resources that a licensed professional can use to try to verify the qualifications in his or her jurisdiction for various types of forensic evaluations:

1. Search NBFE’s Map of Evaluators to locate and contact an evaluator in a specific jurisdiction and ask him or her questions about qualifications in that jurisdiction. 
2. Individuals who have applied for the CFMHE credential have access to NBFE’s Member Forum, a resource that can be used to post a question to other evaluators about qualifications in a particular region.
3. Contact the court of a specific jurisdiction and inquire about the qualifications of forensic evaluators.
4. Contact a state or local chapter of a professional association (e.g., AMHCA or ACA for counselors, NASW for social workers, AAMFT for marriage and family therapists) and inquire about any restrictions in the scope of practice for a particular profession in a particular region.
5. Contact a profession's state licensure board to inquire about any limitations on the scope of practice as related to forensic mental health evaluation.  

Do I have to be a Certified Forensic Mental Health Evaluator (CFMHE) to conduct forensic mental health evaluations?  (i.e., "Will this credential enable me to provide evaluations in my state?")

NBFE is a national board, and our CFMHE credential is a national credential.  Our certification workshops are designed to benefit mental health professionals interested in forensic evaluation, regardless of the state in which they practice.

We are not aware of any state or jurisdiction in the United States that requires forensic evaluators to possess the CFMHE credential or any other specific certification.  However, under the two most common standards in the United States, the Frye and Daubert standards, an expert witness must be able to convince attorneys, legal stakeholders, and, most importantly, judges that he or she is a qualified professional.  

How does a professional accomplish this?  In addition to one's education and license as a mental health professional, the CFMHE credential is an excellent means to demonstrate expert status.  NBFE is a reputable national board officially recognized and endorsed by the American Mental Health Counselors Association and several other state and regional associations, is an Approved Continuing Education Provider (ACEP) by the National Board for Certified Counselors (NBCC), and is approved by the American Psychological Association (APA) to sponsor continuing education for psychologists. NBFE's certification process includes verification of a professional’s license to diagnose and treat mental disorders, moral/ethical character, and clinical skills.  CFMHEs have submitted verification of at least 40 hours of forensic mental health experience and/or training, have passed a written examination on forensic mental health evaluation, have demonstrated the ability to write a quality forensic evaluation report using a standardized process, and have successfully defended an evaluation/forensic report before a panel of peers who are experienced forensic evaluators.  Such a vetting process makes it much more challenging for attorneys to allege that an individual is not qualified and/or competent to conduct forensic mental health evaluations.  

Ultimately, it is the responsibility of each individual mental health professional to determine whether they meet the requirements established by various government authorities (e.g., federal and state laws, local ordinances, procedural codes, board rules, etc.) for conducting forensic evaluations in their respective jurisdictions.  Prospective applicants are encouraged to contact their state licensure boards or association chapters for additional guidance on laws and rules applicable to forensic evaluations.  They may also wish to contact their judicial circuit for information on qualifications required to be appointed by the court as an evaluator in a specific jurisdiction.  If a forensic evaluator is affiliated with NBFE, they can also use the member forum to post a question about qualifications in a specific state.  

Can licensed counselors, social workers, and marriage and family therapists administer and interpret psychological tests?

NBFE’s position is that all mental health professionals, whether counselors, social workers, marriage and family therapists, psychologists, or psychiatrists, who are licensed in their states to independently diagnose and treat mental disorders and who have appropriate training and competence to administer and interpret psychological tests, should be able to do so.  This is a common position in the mental health field.  

For example, the American Counseling Association, the American Mental Health Counselors Association, the National Board for Certified Counselors, and the Council for Accreditation of Counseling and Related Educational Programs have taken similar positions on whether administering and interpreting psychological tests falls within the scope of practice of clinical mental health counselors.  Counselors, social workers, and marriage and family therapists typically meet the requirements of psychological test distributors, and most state licensure boards do not place restrictions on their ability to administer and interpret psychological tests so long as the individual professional is appropriately trained (visit https://nbfe.net/Fair-Access-to-Tests for supporting documentation).  

However, a small number of states restrict certain testing privileges for certain types of mental health professionals.  As a national certification board that is not a state government regulatory agency, NBFE cannot attest to the current scope of practice, which often changes, for every profession in every state.  Ultimately, it is the responsibility of each licensed professional to be knowledgeable of his or her scope of practice in his or her respective state.  

If I have a history of disciplinary action from a licensure board in a mental health profession, am I eligible for the Certified Forensic Mental Health Evaluator (CFMHE) credential?

NBFE does not have a blanket policy that prohibits applicants from eligibility for the CFMHE credential solely because they have a history of disciplinary action on file.  Instead, NBFE makes eligibility determinations on a case-by-case basis, after considering the facts available regarding the disciplinary action.  Per NBFE Policy No. 001(2)(c), NBFE reserves the right to determine an applicant ineligible for the CFMHE credential if "the background information and/or professional references reveal potential breaches of law, duty, ethics, and best practices in the field."  

In addition to providing verification of an active/current license to practice and submitting three reference letters from colleagues attesting to their moral/ethical character, applicants are required to answer the following questions when completing their application for certification:

1. Have you ever been convicted of a felony?
2. Have you ever been found liable for or settled a malpractice complaint?
3. Have you ever been charged with an ethics or conduct violation that resulted in an adverse decision or action?
4. Have you ever been known by another name?  If "yes," please provide the name(s).

Depending on the applicant's responses to the above questions and other information obtained during the application process, the NBFE administrative team may ask the applicant to provide additional information and/or may obtain public records (e.g., public record of disciplinary action on file from a licensure board) related to disclosed incidents.  After the applicant's application has been finalized and submitted, the administrative team will review the information and provide a report to the NBFE Board of Directors (BOD), which will consider factors including (but not limited to) the nature and number of the disclosed incident(s), the findings and conclusions of any regulatory bodies involved in the incident(s), the time that has lapsed since the incident(s), whether any current restrictions are in place concerning the applicant's license to practice, what has changed with the applicant since the date(s) of the incident(s), etc.  The BOD will then render a decision as to whether the applicant is eligible for certification.   Application/certification fees are not refundable for applicants who are determined ineligible for the CFMHE credential.

Does my training and/or experience count towards the 40 hours of forensic training and/or experience required for the CFMHE credential?

One of the requirements to be awarded the Certified Forensic Mental Health Evaluator (CFMHE) credential is "a minimum of 40 hours of forensic mental health-related training and/or experience."  Please note that:

1. All applicants will obtain 12 of those 40 hours at no additional cost, as NBFE's certification fee includes an 8-hour forensic evaluation workshop, 2-hour training on the use of artificial intelligence (AI) in forensic evaluation, and 2-hour training on handling depositions, leaving a remaining 28 hours of training/experience to be completed. 
2. The remaining 28 hours of training and/or experience can be retroactive, meaning that experience and training completed prior to applying for the CFMHE credential may be counted.

Experience and training are defined as follows:

• Experience: Applicants may count hours spent (a) conducting forensic mental health evaluations towards the remaining 28-hour requirement, provided that case numbers can be provided in the application for certification, and/or (b) conducting formal research in forensic mental health that resulted in publication in one or more peer-reviewed academic/scientific journals.  NBFE uses the American Counseling Association's definition of "forensic evaluation," which is "the process of forming professional opinions for court or other legal proceedings, based on professional knowledge and expertise, and supported by appropriate data."  Therefore, if an applicant has conducted one or more evaluations for the purpose of offering opinions to courts or other legal proceedings, those hours may be counted toward the experiential requirement, including hours spent interviewing examinees and collaterals, testifying in court, writing reports, and conducting record reviews.  If an applicant wishes to use hours conducting formal research in forensic mental health, then details related to that research, including a copy of relevant publication(s), must be provided in the application. 
• Training: "Training" consists of clock hours of training with providers that are approved by continuing education authorities commonly recognized within healthcare occupations (e.g., American Association of Marriage and Family Therapy, American Medical Association, American Mental Health Counselors Association, American Psychological Association, Commission on Rehabilitation Counselor Certification, National Association of Social Workers, etc.) and that are forensic mental health-related. Examples of forensic mental health-related topics include working with sexual offenders, domestic violence, expert witness, ethical issues in forensic evaluation, DSM updates, family law, introduction to essentials of forensic assessment, child custody evaluations, assessment in personal injury, malingering, competency to stand trial, civil commitment, juvenile justice, administering and interpreting psychological tests, and conducting substance use evaluations.