The Board proposes the rule amendment to update disciplinary guidelines.

 

DEPARTMENT OF HEALTH
Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

RULE NO.: RULE TITLE:
64B4-5.001: Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to update disciplinary guidelines.

SUMMARY: Disciplinary Guidelines will be updated.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

During discussion of the economic impact of the rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that the rule amendment will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this rule will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.079, 491.004(5) FS.
LAW IMPLEMENTED: 456.079, 491.009 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B4-5.001 Disciplinary Guidelines.

(1) When the Board finds an applicant, licensee, registered intern, provisional licensee, or certificate holder whom it regulates under Chapter 491, F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(2), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) through (f) No change.

(g) Knowingly aiding, assisting, procuring, or advising a non‑licensed person to hold oneself out as licensed under Chapter 491, F.S.

(Sections 456.072(1)(j) & 491.009(1)(g), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000 fine and reprimand	$1,000 fine and/or probation; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and permanent revocation;
THIRD OFFENSE:	$1,000 fine and 1 year suspension followed by probation	$1,000 fine and permanent revocation;

 

(h) No change.

(i) Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record.

(Sections 456.072(1)(l) & 491.009(1)(i), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500 fine and reprimand	$1,000 fine and/or probation; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and 1 year suspension followed by probation; denial or $1,000 fine and permanent revocation;
THIRD OFFENSE:	$1,000 fine, 1 year suspension followed by probation	$10,000 fine and permanent revocation

 

(j) through (k) No change.

(l) Making misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of any profession licensed under Chapter 491, F.S., or employing a trick or scheme in or related to the practice of a profession.

(Sections 456.072(1)(a), (m) & 491.009(1)(l), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 fine	$1,000 fine and reprimand;
SECOND OFFENSE:	$500 fine	$1,000 fine and probation;
THIRD OFFENSE:	$1,000 fine	$1,000 fine and 1 year suspension followed by probation;

 

FRAUD First Offense	$250 fine	$1000 fine and/or reprimand; probation; suspension, then probation; permanent revocation
FRAUD Second Offense	$500 fine	$1000 fine and/or probation; suspension, then probation; permanent revocation
FRAUD Third Offense	$1,000 fine	$1000 fine and/or 1 year suspension, then probation; permanent revocation

 

(m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.

(Section 491.009(1)(m), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500 fine and reprimand	$1,000 fine and/or 6 month suspension followed by probation, permanent revocation;
SECOND OFFENSE:	$1,000 and reprimand	$1,000 fine and/or 1 year suspension followed by probation, permanent revocation;
THIRD OFFENSE:	$1,000 fine 1 year and suspension followed by probation	$1,000 fine permanent revocation;

 

(n) Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.

(Section 491.009(1)(n), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500 1,000 fine and reprimand	$1,000 fine and probation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and 1 year suspension followed by probation;

 

(o) through (p) No change.

(q) Violating provisions of Chapter 491 or 456, F.S., or any rule adopted pursuant thereto.

(Sections 456.072(1)(dd) & 491.009(1)(w), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 500 fine and reprimand	$1,000 fine and/or probation; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and 1 year suspension followed by probation;
THIRD OFFENSE:	$1,000 fine and 1 year	denial or $1,000 fine
	suspension followed by probation	and permanent revocation;

 

(r) No change.

(s) Failing to meet the MINIMUM standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.

(Section 491.009(1)(r), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 fine and reprimand	$5,000 1,000 fine and/or probation; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and/or 1 year suspension followed by probation; permanent revocation;
THIRD OFFENSE:	$1,000 fine and 1 year suspension followed by probation	denial or $1,000 fine and permanent revocation:

 

(t) No change.

(u) Violating a rule relating to the regulation of the profession or a lawful order of the Department or the Board previously entered in a disciplinary hearing.

(Section 491.009(1)(t), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 1,000 fine and reprimand	$1,000 fine and/or 6 month suspension followed by probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and 1 year suspension followed by probation	denial or $1,000 fine and permanent revocation:

 

(v) through (aa) No change.

(bb) Intentionally violating any rule adopted by the Board or the department, as appropriate.

(Section 456.072(1)(b), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000 fine and reprimand	$1,000 fine and/or 6 months suspension followed by probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and 1 year suspension followed  by probation	denial or $1,000 fine and permanent revocation;

 

(cc) through (dd) No change.

(ee) Violating any provision of this part, the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.

(Sections 456.072(1)(q) & 491.009(1)(w), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 500 fine and reprimand	$1,000 fine and/or probation; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and/or 1 year suspension followed by probation; or permanent revocation;
THIRD OFFENSE:	$1,000 fine and 1 year suspension followed by probation	denial or $1,000 fine and permanent revocation;

 

(ff) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.

(Section 456.072(1)(w), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500 fine and reprimand	$1,000 fine and/or reprimand; 1 year suspension then probation; permanent revocation;
SECOND OFFENSE:	$1,000 fine and probation	$1,000 fine and/or 3 month suspension followed by probation; permanent revocation;
THIRD OFFENSE:	$1,000 fine and 1 year suspension followed by probation	denial or $1,000 fine and permanent revocation;

 

(gg) through (ii) No change.

(jj) Failing to inform the department, within 30 days, of any change of address of either the place of practice or current mailing address of any applicant or licensee.

(Section 456.035, F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250 fine reprimand	$500 1,000 fine and reprimand 1 year probation;
SECOND OFFENSE:	$1,000 fine and reprimand	$1,000 fine and/or 1 year probation; 6 month suspension followed by probation;
THIRD OFFENSE:	$1,000 fine and probation	$1,000 fine and permanent revocation.

 

(kk) through (oo) No change.

(2) through (4) No change.

Rulemaking Authority 456.079, 491.004(5) FS. Law Implemented 456.079, 491.009 FS. History–New 3-5-89, Amended 1-3-91, 6-1-92, Formerly 21CC-5.001, Amended 1-9-94, Formerly 61F4-5.001, Amended 12-22-94, Formerly 59P-5.001, Amended 12-11-97, 10-1-00, 2-5-01, 10-15-02, 3-27-05, 1-16-06, 4-6-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 14, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 16, 2011