The Board proposes to update the language for Disciplinary Guidelines and establish Disciplinary Guidelines for Out of State Telehealth Registrants.

 

DEPARTMENT OF HEALTH

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

RULE NOS.:RULE TITLES:

64B4-5.001Disciplinary Guidelines

64B4-5.0015Out-of-State Telehealth Discipline

PURPOSE AND EFFECT: The Board proposes to update the language for Disciplinary Guidelines and establish Disciplinary Guidelines for Out of State Telehealth Registrants.

SUMMARY: To update rule language.

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, 456.47(4), 456.47(7), 491.004(5) FS.

LAW IMPLEMENTED: 456.079, 456.47(4), 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) Attempting to obtain, obtaining, or renewing a license under Chapter 491, F.S., by bribery or fraudulent misrepresentation or through an error of the Board or the Department.

(Sections 456.072(1)(h) and 491.009(1)(a), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine and reprimand	Denial or $1,000.00 fine and permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	Permanent denial and $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,500.00 fine, or one (1) year suspension then probation	$2,500.00 fine and permanent revocation
FRAUD First Offense	$10,000.00 fine	$10,000.00 fine and/or reprimand; probation; suspension then probation; permanent revocation
FRAUD Second Offense		$10,000.00 fine and/or probation; suspension then probation; permanent revocation
FRAUD Third and Subsequent Offenses	$10,000.00 fine	$10,000.00 fine and/or one (1) year suspension then probation; 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

(b) Having a license or certificate to practice a comparable profession or any regulated profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country.

(Sections 456.072(1)(f) and 491.009(1)(b), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and reprimand	Denial or $1,000.00 fine and permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	Permanent denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine, one (1) year, suspension then probation	Permanent denial or $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

(c) Being convicted or found guilty, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of the licensee’s profession or the licensee’s ability to practice that profession.

(Sections 456.072(1)(c) and 491.009(1)(c), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and probation	Denial or $1,000.00 fine and permanent revocation
SECOND OFFENSE:	$1,000.00 fine and one (1) year suspension then probation	Permanent denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,500.00 fine, two (2) years suspension then probation	$2,500.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Revocation
SECOND OFFENSE	Suspension and a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	Two (2) years suspension followed by a corrective action plan	Revocation

(d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$500.00 fine	$1,000.00 fine and probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine	$1,000.00 fine and one (1) year suspension then probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	One (1) year suspension
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

(e) Advertising, practicing, or attempting to practice under a name other than one’s own.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$500.00 fine	$1,000.00 fine and probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine	$1,000.00 fine and one (1) year suspension then probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	One (1) year suspension
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

(f) Maintaining a professional association with any person whom the applicant or licensee knows, or has reason to believe, is in violation of Chapter 491, F.S., or of a rule of the Department or this Board.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$500.00 fine	$1,000.00 fine and probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine	$1,000.00 fine and one (1) year suspension then probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Reprimand
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(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) and 491.009(1)(g), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and/or probation, one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and permanent revocation
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 AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(h) Failing to perform any statutory or legal obligation placed upon a person licensed under Chapter 491, F.S.

(Sections 456.072(1)(k) and 491.009(1)(h), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	Reprimand	$1,000.00 fine and one (1) year probation
SECOND OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and six (6) months suspension then probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and probation	$1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(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) and 491.009(1)(i), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine and reprimand	$1,000.00 fine and/or probation; one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and one (1) year suspension followed by probation; denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine, one (1) year suspension followed by probation	$10,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(j) Paying or receiving a kickback, rebate, bonus, or other remuneration for receiving a patient or client or referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee‑paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 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	Denial or $1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(k) Committing any act upon a patient or client, which would constitute sexual battery or which would constitute sexual misconduct.

(Sections 456.072(1)(v) and 491.009(1)(k), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and revocation
SECOND OFFENSE:	$1,000.00 fine and two (2) years suspension then probation	Denial or $1,000.00 fine and permanent revocation
THIRD AND        SUBSEQUENT OFFENSES:	$5,000.00 fine, two (2) years suspension then probation	$10,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND        SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(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)(m) and 491.009(1)(l), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$500.00 fine	$1,000.00 fine and probation
THIRD AND        SUBSEQUENT OFFENSES:	$1,000.00 fine	$1,000.00 fine and one (1) year suspension followed by probation
FRAUD First Offense	$10,000.00 fine	$10,000.00 fine and/or reprimand; probation; suspension then probation; permanent revocation
FRAUD Second Offense	$10,000.00 fine	$10.000.00 fine and/or probation; suspension then probation; permanent revocation
FRAUD Third and Subsequent Offenses	$10,000.00 fine	$10,000.00 fine and/or one (1) year suspension then probation; permanent revocation
TELEHEALTH    REGISTRANTS
FIRST OFFENSE	Letter of Concern	Reprimand
SECOND OFFENSE	Reprimand	Suspension and a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	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:	$500.00 fine and reprimand	$1,000.00 fine and/or six (6) months suspension then probation, permanent revocation
SECOND OFFENSE:	$1,000.00 and reprimand	$1,000.00 fine and/or one (1) year suspension then probation, permanent revocation
THIRD AND        SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	$1,000.00 fine and/or permanent revocation
FRAUD First Offense	$10,000.00 fine and reprimand	$10,000.00 fine and/or six (6) months suspension then probation; permanent revocation
FRAUD Second Offense	$10,000.00 fine and reprimand	$10,000.00 fine and/or one (1) year suspension then probation; permanent revocation
FRAUD  Third and Subsequent Offenses	$10,000.00 fine and one (1) year suspension then probation	$10,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SECOND OFFENSES	Reprimand	Revocation
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	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:	$500.00 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:	$2,500.00 fine, one (1) year suspension then probation	$2,500.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND OFFENSE	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(o) Failing to respond within thirty (30) days to a written communication from the Department or the Board concerning any investigation by the Department or the Board, or failing to make available any relevant records with respect to the investigation about the licensee’s conduct or background.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 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	Denial or $1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(p) Being unable to practice the profession for which one is licensed under Chapter 491, F.S., with reasonable skill and competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance.

(Sections 456.072(1)(z) and 491.009(1)(p), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and suspension until the licensee is able to appear before the Board and demonstrate that he or she is able to practice with reasonable skill and competence, then probation
SECOND OFFENSE:	Suspension until the licensee is able to appear before the Board and demonstrate that his or her ability to practice with reasonable skill and competence, then probation	$1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	Suspension until the licensee is able to appear before the Board and demonstrate his or her ability to practice with reasonable skill and competence, then probation	$2,500.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan which includes, the Registrant appearing before the Board and demonstrating their ability to practice with reasonable skill and safety	Revocation

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

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine and reprimand	$1,000.00 fine and/or probation; one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	$1,000.00 fine and one (1) year probation	Denial or $5,000.00 fine and two (2) years suspension then probation; permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	Denial or $5,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(r) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 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	Denial or $1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(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:	$250.00 fine and reprimand	$5,000.00 fine and/or probation, one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and/or one (1) year suspension followed by probation, permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	Denial or $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

(t) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities.

(Sections 456.072(1)(p) and 491.009(1)(s), F.S.)

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

(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:	$250.00 fine and reprimand	$1,000.00 fine and/or six (6) months suspension then probation, permanent revocation
SECOND OFFENSE:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,000.00 fine and two (2) years suspension then probation	$2,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND OFFENSE	One (1) year suspension followed by a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	Two (2) years suspension followed by a corrective action plan	Revocation

(v) Failure of a licensee to maintain in confidence any communication made by a patient or client in the context of services, except by written permission or in the face of clear and immediate probability of bodily harm to the patient or client or to others.

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

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

(w) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and probation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,000.00 fine 1 year suspension then probation	$2,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND OFFENSE	Suspension and a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(x) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department or the agency against another licensee.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 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 followed by probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan
SECOND OFFENSE	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(y) Except as provided in Section 465.016, F.S., failing to report to the department any person whom the licensee knows is in violation of Chapter 456, Part II, Chapter 491, F.S., or the rules of the Department or the Board.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$500.00 fine	$1,000.00 fine and probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine	$1,000.00 fine and one (1) year suspension then probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of concern	Reprimand
SECOND OFFENSE	Reprimand	Suspension and a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

(z) Exercising influence on the client for the purpose of financial gain of the licensee or a third party.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and probation	Denial or $1,000.00 fine and revocation
SECOND OFFENSE:	$1,000.00 fine and one (1) year suspension then by probation	Permanent denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,000.00 fine, two (2) years suspension then probation	$2,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Revocation
SECOND OFFENSE	One (1) year suspension followed by a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	Two (2) years suspension followed by a corrective action plan	Revocation

(aa) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and six (6) months suspension then probation
SECOND OFFENSE:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,000.00 fine, two (2) years suspension then probation	$2,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Six (6) months suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	Two (2) years suspension followed by a corrective action plan	Revocation

(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:	$1,000.00 fine and reprimand	$1,000.00 fine and/or six (6) months suspension then probation, permanent revocation
SECOND OFFENSE:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$2,000.00 fine, two (2) years suspension then probation	$2,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND OFFENSE	One (1) year suspension followed by a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	Two (2) years suspension followed by a corrective action plan	Revocation

(cc) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and probation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and revocation
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	Suspension and a corrective action plan
SECOND OFFENSE	Suspension and a corrective action plan	Revocation
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(dd) 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) and 491.009(1)(w), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine and reprimand	$1,000.00 fine and/or probation; one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and/or one (1) year suspension then probation, or permanent revocation
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) 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:	Denial, $500.00 fine and reprimand	$1,000.00 fine and/or reprimand; one (1) year suspension then probation; permanent revocation
SECOND OFFENSE:	Denial, $1,000.00 fine and probation	$1,000.00 fine and/or three (3) months suspension then probation, permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	Denial, $1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and permanent revocation
FRAUD First Offense	Denial, $10,000.00 fine and reprimand	$10,000.00 fine and/or reprimand; one (1) year suspension then probation; permanent revocation
FRAUD Second Offense	Denial, $10,000.00 fine and probation	$10,000.00 fine and/or three (3) months suspension then probation; permanent revocation
FRAUD Third and Subsequent Offenses	Denial, $10,000.00 fine and one (1) year suspension then probation	$10,000.00 fine and/or 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

(ff) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine and reprimand	$1,000.00 fine and six (6) months suspension then probation
SECOND OFFENSE:	$1,000.00 and reprimand	$1,000.00 fine and one (1) year suspension then probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine one (1) year suspension then probation	$1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Six (6) months suspension followed by a corrective action plan
SECOND OFFENSE	Reprimand	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(gg) Failing to report to the Board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine	$1,000.00 fine and reprimand
SECOND OFFENSE:	$1,000.00 fine and probation	$1,000.00 fine and six (6) months suspension then probation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine and one (1) year suspension then probation	Denial or $1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Reprimand
SECOND OFFENSE	Suspension and a corrective action plan	Six (6) months suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(hh) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine and probation	$750.00 fine and substance abuse evaluation, suspension then probation
SECOND OFFENSE:	$750.00 fine suspension then probation	$1,000.00 fine and/or permanent revocation
THIRD AND SUBSEQUENT OFFENSES:	$1,000.00 fine, two (2) years suspension then probation	$1,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan which includes, at a minimum, a substance abuse evaluation	One (1) year suspension followed by a corrective action plan which includes, at a minimum, a substance abuse evaluation
SECOND OFFENSE	Suspension and a corrective action plan which includes, at a minimum, a substance abuse evaluation	Revocation
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(ii) Failing to inform the department 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:	$250.00 fine	$500.00 fine and reprimand
SECOND OFFENSE:	$1,000.00 fine and reprimand	$1,000.00 fine and six (6) months 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	Letter of Concern	Reprimand
SECOND OFFENSE	Reprimand	Six (6) months suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(jj) Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

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

	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES:	Suspension until compliant with contract	$10,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan that requires, at a minimum, compliance with the treatment contract	Revocation

(kk) Being convicted of, or entering a plea of guilty or nolo contendre to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$10,000.00 fine, permanent revocation	$10,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation	Revocation

(ll) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$500.00 fine and Letter of concern	$5,000.00 fine and/or suspension
SECOND OFFENSE:	$10,000.00 fine and reprimand	$10,000.00 fine and/or permanent revocation
THIRD OFFENSE:	Permanent Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Suspension and a corrective action plan
SECOND OFFENSE	Reprimand	Revocation
THIRD OFFENSE	Revocation

(mm) Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to practicipate in the program from which the practitioner was terminated has been restored.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$1,000.00 fine, Letter of concern	$5,000.00 fine and/or suspension
SECOND OFFENSE:	$10,000.00 fine, reprimand	$10,000.00 fine and/or permanent revocation
THIRD OFFENSE:	Permanent Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Suspension and a corrective action plan
SECOND OFFENSE	Reprimand	Revocation
THIRD OFFENSE	Revocation

(nn) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$10,000.00 fine and permanent revocation	$10,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation

(oo) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice – regarding emergency services and insurance billing.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE:	$250.00 fine, reprimand	$500.00 fine, reprimand
SECOND OFFENSE:	$500.00 fine and probation	$500.00 fine, suspension then probation
THIRD AND SUBSEQUENT OFFENSES:	$750.00 fine, suspension then probation	$1,000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Reprimand
SECOND OFFENSE	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	One (1) year suspension followed by a corrective action plan	Revocation

(2) - (4) No change.

Rulemaking Authority 456.079, 456.47(4), 456.47(7), 491.004(5) FS. Law Implemented 456.079, 456.47(4), 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,                   .

 

64B4-5.0015 Out-of-State Telehealth Discipline

(1) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon out-of-state telehealth providers registered pursuant to section 456.47(4), F.S., 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	PENALTY RANGE
	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
1. Fails 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), F.S.);	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction. (Section 456.47(4)(i), F.S.)	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction to revocation
3. Violates any of the requirements of section 456.47, F.S. (Section 456.47(4)(i), F.S.)	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1), or s. 491.009(1), F.S.	As stated in rule 64B4-5.001(1), F.A.C.	As stated in rule 64B4-5.001(1), F.A.C.

(2)    The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, letter of concern, reprimand, suspension, and revocation.

(3)    A suspension may be for a definiate term or may be accompanied by a corrective action plan, as stated in rule 64B5-5.001(1), F.A.C.

(4)    A suspension for a definate term may be terminated early only upon approval of the Board.  A suspension accompanied by a corrective action plan may be lifted upon successful successful complaince with the corrective action or otherwise determined by the Board. 

(5)    A “corrective action plan” must accompany a suspension and includes rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all provisions to the Board. A corrective action plan may follow a suspension for a definite term and require continued suspension until successful compliance with the corrective action plan. Nothing in this paragraph shall be interpreted as restricting the Board’s ability to impose a suspension for a definite term absent or accompanied by a corrective action plan.

Rulemaking Authority 456.47(4), 456.47(7) FS. Law Implemented 456.47(4) FS. History–New

 

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: May 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 16, 2020