Published on: 13085899. Jeremy S. Gaies; The Notice of Petition for Declaratory Statement was published in Volume 38, No. 92, of the December 17, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on January 25, 2013. The Petitioner requested the Board’s interpretation of Rule 64B19-19.003, Florida Administrative Code, regarding the maintenance and retention of records when a psychologist is independently contracting with a psychology practice.
The Board’s Order, filed on March 19, 2013, denies the declaratory statement. The Board determined the Petition is requesting for clarification of the statutory provision and rules to determine conduct that has already occurred. This type of clarification is not appropriate for determination by declaratory statement. Furthermore, it is the Board’s opinion that section 490.148, F.S., and rules 64B19-19.003, 64B19-19.005, and 64B19-19.006, F.A.C. are not ambiguous and declines to clarify the statute and rules.
Published on: 13085123. Harris L. Friedman, Ph. D.,; The Notice of Petition for Variance and Waiver was published in Volume 38, No. 95, of the December 20, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on January 25, 2013. The Petitioner was seeking a permanent variance or waiver of Rule 64B19-13.003(1)(d), Florida Administrative Code, with regards to the requirement that licensees must attend Workshop/Seminars offered by providers approved by the American Psychological Association or any of its affiliates, or providers approved by the Board for continuing psychological education credit.
The Board=s Order, filed on February 15, 2013, grants the Petition for Variance or Waiver. The Petitioner has demonstrated that the Petition for Variance and Waiver was in substantial compliance with the provisions of Section 120.542, Florida Statutes, and Chapter 28-104, Florida Administrative Code. Petitioner has demonstrated that he meets the purpose of the underlying statute. Further, Petitioner has demonstrated that application of the rule would cause a substantial hardship and would violate the principles of fairness.
Published on: 12393416. Jeremy S. Gaies, Psy.D.; and whether a licensed Psychologist is responsible for maintenance and retention of psychological records, and whether he has a right to receive those records upon leaving the practice at which he provided clinical services.