64B19-17.007. Mediation

The following offenses may be mediated if the offense meets the criteria of Section 456.078, F.S.:

(1) Violation of Sections 490.009(1)(d) and 456.072(1)(a), F.S. (for misleading advertisement).

(2) Violation of Sections 490.009(1)(h) and 456.072(1)(k), F.S. (for failing to explain to patient, or patient’s legal representative, the nature of evaluation and the confidentiality provisions in the practice setting; e.g., compulsory psychological examinations in forensic settings).

(3) Violation of Sections 490.009(1)(l) and 456.072(1)(m), F.S. (for misrepresenting credentials).

(4) Violation of Section 490.009(1)(n), F.S. (for failing to provide copies, which have been paid for, of a report of examination or treatment upon written request from the service user).

(5) Violation of Section 490.009(1)(r), F.S. (for the following allegations arising from a psychological evaluation):

(a) Failing to write a report consistent with referral questions.

(b) Failing to use appropriate diagnosis and procedure codes.

(c) Failing to perform a clinical examination, if indicated, independent of the testing process.

(d) Failing to terminate inpatient treatment upon request of patient or patient’s legal representative.

(6) Violation of Section 490.009(1)(u), F.S. (for failing to maintain in confidence a communication made by patient or client).

(7) Violation of Section 490.009(1)(v), F.S. (for making public statements that identify or damage research subjects or clients).

Specific Authority 456.078, 490.004(4), (5) FS. Law Implemented 456.078, 490.009(2)(h), (v), (w) FS. History–New 3-20-95, Formerly 59AA-18.009, 59AA-17.007, Amended 10-15-02, 12-27-04.