The Board proposes the substantial rewrite of the rule to clarify the requirements for forensic psychological evaluations of minors and to modify the chapter title.

 

DEPARTMENT OF HEALTH
Board of Psychology

RULE NO.: RULE TITLE:
64B19-18.007: Requirements for Forensic Psychological Evaluations of Minors for the Purpose of Addressing Custody, Residence or Visitation Disputes
PURPOSE AND EFFECT: The Board proposes the substantial rewrite of the rule to clarify the requirements for forensic psychological evaluations of minors and to modify the chapter title.
SUMMARY: The substantial rewrite of the rule will clarify the requirements for forensic psychological evaluations of minors and to modify the chapter title.
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: 490.004(4) FS.
LAW IMPLEMENTED: 490.009(1) 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 32399-3255.

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 64B19-18.007 follows. See Florida Administrative Code for current text)

64B19-18.007 Requirements for Forensic Psychological Evaluations of Minors for the Purpose of Dissolution of Marriage,  Support, or Time-Sharing Action. Addressing Custody, Residence or Vistitation Disputes.

(1) It is a conflict of interest for a psychologist who has treated a minor or any of the adults involved in a dissolution of marriage, support, or time-sharing action as defined by Chapter 61, Florida Statutes, to perform a forensic evaluation for the purpose of recommending a time-sharing schedule and parenting plan. Consequently, a psychologist who treats a minor or any of the adults involved in a dissolution of marriage, support, or time-sharing action as defined by Chapter 61, Florida Statutes, may not also perform a forensic evaluation for the purposes of recommending a time-sharing schedule or parenting plan.  So long as confidentiality is not violated, a psychologist may provide a court, or a mental health professional performing a forensic evaluation, with factual information about the minor derived from treatment, but shall not state an opinion about time-sharing schedules and parenting plans.

(2) The psychologist who serves as an evaluator shall not also serve as guardian ad litem, mediator, therapist or parenting coordinator regarding the children in the instant case. The psychologist who has had a prior role as guardian ad litem, mediator, therapist or parenting coordinator shall not serve as an evaluator for the children in the instant case.

Rulemaking Authority 490.004(4) FS. Law Implemented 490.009(1) FS. History–New 6-14-94, Formerly 61F13-20.007, Amended 1-7-96, Formerly 59AA-18.007, Amended 9-30-04,__________.                  

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: July 20, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2012.