The Board proposes the rule amendment to update and clarify disciplinary guidelines, violations, and offenses.
RULE NO.:RULE TITLE:
64B19-17.002Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to update and clarify disciplinary guidelines, violations, and offenses.
SUMMARY: Disciplinary Guidelines, violations, and offenses will be updated and clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 456.079, 490.004(4) FS.
LAW IMPLEMENTED: 456.072, 456.079, 490.009 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Psychology, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253; Allen.Hall@flhealth.gov.
THE FULL TEXT OF THE PROPOSED RULE IS:
Substantial rewording of Rule 64B19-17.002, F.A.C. follows: See Florida Administrative Code for present text.
64B19-17.002 Disciplinary Guidelines.
(1) When the Board finds that an applicant, a telehealth registrant, or a licensee has committed any of the acts set forth in Chapters 456 or 490, F.S., it may issue a final order imposing one or more of the penalties listed in section 456.072(2), or 456.47 F.S., as recommended in the following disciplinary guidelines. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of chapters 456 or 490, F.S. All penalties at the upper range of the sanctions set forth in the guidelines, e.g., suspension, revocation, etc., include lesser penalties, e.g., fine, continuing education, probation, or reprimand, which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety, and welfare. In addition to any other discipline imposed under these guidelines, the board shall assess costs relating to the investigation and prosecution of the case. Penalty ranges are shown as minimum and maximum guidelines as well as for first time single count violations and for multiple or repeated violations of the same statutory provision or the rules promulgated thereunder. The term license means any permit, registration, certificate, out-of-state telehealth provider registration, or license, including a provisional license, issued by the Department. The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, reprimand, suspension, and revocation. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.
(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees and permittees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.
VIOLATION
FLORIDA LICENSEE PENALTY RANGE
OUT-OF-STATE TELEHEALTH
PROVIDER PENALTY RANGE
FIRST OFFENSE
SUBSEQUENT OFFENSE(S)
FIRST OFFENSE
SUBSEQUENT OFFENSE
(a) Attempting to obtain, obtaining, or renewing a license by bribery or through an error of the board or department.
(Sections 490.009(1)(a) and 456.072(1)(h), F.S.)
If through fraudulent misrepresentation.
MIN: Two (2) year probation and a $1,000 fine, or in the case of an applicant denial of licensure;
MAX: Revocation and a $5,000 fine, or in the case of an applicant denial of licensure.
MIN: Revocation and a $10,000 fine, or in the case of an applicant denial of licensure;
MAX: Revocation and a $10,000 fine, or in the case of and applicant denial of licensure.
MIN: Revocation and a $5,000 fine, or denial of licensure;
MAX: Revocation and $10,000 fine, or denial of licensure.
MIN: Revocation and a $10,000 fine, or denial of licensure;
MAX: Revocation and a $10,000 fine, or denial of licensure.
MIN: Two (2) year probation, or in the case of an applicant, denial of registration;
MAX: Revocation, or in the case of an applicant, denial of registration.
MIN: Revocation, or in the case of an applicant denial of registration;
MAX: Revocation, or in the case of an applicant, denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
(b) License disciplined by another jurisdiction.
(Sections 490.009(1)(b) and 456.072(1)(f), F.S.)
MIN: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $1,000 fine;
MAX: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $5,000 fine.
MIN: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $5,000 fine.
MAX: Revocation and $10,000 fine.
MIN: Reprimand;
MAX: Discipline as similar as possible to the discipline imposed in the other jurisdiction.
MIN: Discipline as similar as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
(c) Criminal conviction relating to psychology.
(Sections 490.009(1)(c) and
MIN: Reprimand and $2,500 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(d) False, deceptive or misleading advertising.
(Sections 490.009(1)(d) and
If fraud or fraudulent misrepresentation.
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: $10,000 fine and one (1) year probation;
MAX: $10,000 fine and one (1) year suspension followed by two (2) years probation.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Two (2) year suspension and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Two (2) year suspension;
MAX: Revocation.
(e) Advertising, practicing, or attempting to practice under another name.
(Section 490.009(1)(e), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(f) Maintaining a wrongful professional association.
(Section 490.009(1)(f), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(g) Knowingly aiding, assisting, procuring, or advising a non-licensed person.
(Sections 490.009(1)(g) and
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(h) Failing to perform any statutory or legal obligation.
(Sections 490.009(1)(h) and
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(i) Willingly making or filing a false report, etc.
(Sections 409.009(1)(i) and 456.072(1)(l),
F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(j) Paying or receiving a kickback, etc.
(Section 490.009(1)(j), F.S.)
MIN: A refund of the fees paid by or on behalf of the patient and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: A refund of the fees paid by or on behalf of the patient, a two (2) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan including a refund of the fees paid by or on behalf of the patient.
MIN: Two (2) year suspension and a corrective action plan including a refund of the fees paid by or on behalf of the patient;
MAX: Revocation.
(k) Sexual misconduct or battery on a patient.
(Section 490.009(1)(k), and
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(l) Making misleading, deceptive or untrue representations. (Sections 409.009(1)(l) and
If fraud or fraudulent misrepresentations.
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(m) Soliciting through intimidation, undue influence, etc.
(Section 490.009(1)(m), F.S.)
If through fraud.
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $10,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $10,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation and a $10,000 fine;
MAX: Revocation and $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(n) Failing to provide records, etc.
(Section 490.009(1)(n), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: Reprimand, one (1) year probation, and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Reprimand and one (1) year suspension;
MAX: Revocation.
(o) Failing to respond to Department within 30 days, etc.
(Section 490.009(1)(o), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: Suspension until compliance and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan, to include at a minimum, compliance.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum compliance;
MAX: Revocation.
(p) Incompetence (mental or physical impairment), etc.
(Section 490.009(1)(p), and
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety and a $1,000 fine;
MAX: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine.
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonanble skill and safety.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: Revocation.
(q) Violating provisions of chapter 490 or 456, F.S., or any rules pursuant thereto.
(Sections 490.009(1)(w), 456.072(1)(b)
and 456.072(1)(dd), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(r) Experimentation without informed consent.
(Section 490.009(1)(q), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(s) Failing to meet the minimum standards of performance.
(Section 490.009(1)(r), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(t) Delegating professional responsibilities.
(Sections 490.009(1)(s) and
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(u) Violating any lawful order.
(Sections 490.009(1)(t) and
MIN: Reprimand and a $1,000 fine;
MAX: Suspension until compliance followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MIN: One (1) year suspension;
MAX: Revocation.
(v) Failing to maintain confidence.
(Section 490.009(1)(u), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX; One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(w) Identifying or damaging research clients.
(Section 490.009(1)(v), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(x) Failure to comply with continuing education for domestic violence.
(Section 456.072(1)(s), F.S)
MIN: Reprimand and a $500 fine;
MAX: Suspension until compliance and a $1,000 fine.
MIN: Reprimand, suspension until compliance and a $1,000 fine;
MAX: Suspension until compliance followed by one (1) year suspension and a $2,500 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MIN: Reprimand, one (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MAX: Revocation
(y) Exercising influence on the patient or client for financial gain.
(Section 456.072(1)(n), F.S.)
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(z) Improperly interfering with an investigation.
(Section 456.072(1)(r), F.S.)
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(aa) Performing or attempting to perform wrong health care services.
(Section 456.072(1)(bb), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(bb) Termination from impaired practitioner program.
(Section 456.072(1)(hh), F.S.)
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety and a $1,000 fine;
MAX: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine.
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: Revocation.
(cc) Failure to identify through written notice, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the partictioner holds.
(Section 456.072(1)(t), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(dd) Failure to report another licensee in violation.
(Section 456.072(1)(i), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension
MAX: Revocation.
(ee) Practicing beyond scope permitted.
(Section 456.072(1)(o), F.S.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: Revocation and a $5,000 fine.
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(ff) Failing to report to the Board within thirty (30) days after the licensee has been convicted of a crime in any jurisdiction.
(Section 456.072(1)(x), F.S.)
MIN Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX; Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(gg) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program.
(Section 456.072(1)(ii), F.S.)
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(hh) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.
(Section 456.072(1)(jj), F.S.)
MIN: Reprimand, one (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand, suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(ii) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program.
(Section 456.072(1)(kk), F.S.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: Revocation and a $5,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(jj) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud.
(Section 456.072(1)(ll), F.S.)
MIN: Revocation;
MAX: Revocation and a $5,000 fine.
MIN: Revocation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation
MIN: Revocation;
MAX: Revocation
(kk) Willfully failing to comply with section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 456.072(1)(oo), F.S.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: One (1) year suspension and a corrective action plan.
MIN: Revocation;
MAX: Revocation.
(ll) Providing information supporting a persons need for an emotional support animal without knowledge or need.
(Section 456.072(pp), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX; Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(mm) Failure to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license.
(Section 456.47(4)(i)1., F.S.);
N/A
N/A
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(nn) Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
(Section 456.47(4)(i)2., F.S.)
N/A
N/A
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
(oo) Violates any of the requirements of Section 456.47, F.S.
(Section 456.47(4)(i)3., F.S.)
N/A
N/A
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(3) Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating circumstances the following:
(a) The danger to the public;
(b) The length of time since the date of violation;
(c) The number of complaints filed against the licensee;
(d) The length of time the licensee has practiced without complaint or violations;
(e) The actual damage, physical or otherwise, to the patient;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee’s livelihood;
(h) Any efforts the licensee has made toward rehabilitation;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or stop violations or refusal by the licensee to correct or stop violations;
(k) Related violations found against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
(l) Any other mitigating or aggravating circumstances that are particular to that licensee or to the situation so long as the aggravating or mitigating circumstances are articulated in the Board’s final order.
(4) The provisions of this rule shall not be construed to prohibit civil action or criminal prosecution as provided by law. Nor may the provisions of this rule be construed to limit the ability of the Board to enter into binding stipulations as per section 120.57(4), F.S.
Rulemaking Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 11-24-86, Amended 7-18-88, 4-26-93, Formerly 21U-18.003, Amended 6-14-94, Formerly 61F13-18.003, Amended 1-9-96, Formerly 59AA-17.002, Amended 9-18-97, 9-26-01, 3-25-02, 4-3-05, 1-2-06, 12-31-06, 2-18-10, 6-21-17, 6-20-18, .
NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Psychology
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Psychology
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2020
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2020
Document Information
- Comments Open:
- 1/13/2021
- Summary:
- Disciplinary Guidelines, violations, and offenses will be updated and clarified.
- Purpose:
- The Board proposes the rule amendment to update and clarify disciplinary guidelines, violations, and offenses.
- Rulemaking Authority:
- 456.079, 490.004(4) FS.
- Law:
- 456.072, 456.079, 490.009 FS.
- Related Rules: (1)
- 64B19-17.002. Disciplinary Guidelines