Eliminate duplicate guidelines, add 2 new guidelines required by legislation enacted in 2021.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-5.001Disciplinary Guidelines

PURPOSE AND EFFECT: Eliminate duplicate guidelines, add 2 new guidelines required by legislation enacted in 2021.

SUMMARY: Amendment of Disciplinary Guidelines.

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, based upon the expertise and experience of its members, 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, 491.004(5) FS.

LAW IMPLEMENTED: 456.072, 456.079, 491.009 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: Janet Hartman, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, 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., or a telehealth provider registered under section 456.47(4), F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(1), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) through (z) No Change.

(aa) through (cc) No Change.

(dd) Violating any provision of Chapter 491 or 456, F.S., 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) and 491.009(1)(w), F.S.)

 

	MINIMUM	MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS
FIRST OFFENSE:	$250.00 fine and reprimand	$1,000.00 fine and probation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and one (1) year suspension then probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	$1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND OFFENSE	Suspension and a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

 

(ee) through (pp) No Change.

 

(qq) Being convicted or found guilty of, entering a plea of guilty or nolo contendere, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of the offenses listed in s. 456.074(5) or a similar offense in another jurisdiction. 

 

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

 

	MINIMUM	MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS
FIRST OFFENSE:	Fine of $10,000 and 1 year suspension	Revocation
SECOND OFFENSE:	Fine of $10,000 and 2 year suspension	Revocation
THIRD AND SUBSEQUENT OFFENSES:	Fine of $10,000 and 3 year suspension	Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	1 year suspension	Revocation
SECOND OFFENSE	2 year suspension	Revocation
THIRD AND SUBSEQUENT OFFENSES	3 year suspension	Revocation

 

(rr) Failure to comply with the parental consent requirements of s. 1014.06, F.S.

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

 

	MINIMUM	MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS
FIRST OFFENSE:	From a letter of concern to six months of probation	Revocation and a fine not to exceed $5,000.
SECOND OFFENSE:	From a reprimand to one year probation and a fine not to exceed $2,500	Revocation and a fine not to exceed $7,500
THIRD AND SUBSEQUENT OFFENSES:	From one year of probation to suspension not to exceed six months and a fine not to exceed $5,000	Revocation and a fine not to exceed $10,000
TELEHEALTH REGISTRANTS
FIRST OFFENSE	From a letter of concern to a reprimand	Revocation
SECOND OFFENSE	From a reprimand up to a  suspension not to exceed 1 year  with a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	A suspension not to exceed 2 years with a corrective action plan	Revocation

 

(2) through (4) No change.

Rulemaking Authority 456.079, 491.004(5) FS. Law Implemented 456.072, 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, 5-22-12, 12-7-17, 3-11-21.

 

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: August 19, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 24, 2021