To add certain insurance billing practices as grounds for discipline for licensed school psychologists as required by recently enacted legislation.  

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    DEPARTMENT OF HEALTH

    School Psychology

    RULE NO.: RULE TITLE:

    64B21-504.001: Disciplinary Guidelines

    PURPOSE AND EFFECT: To add certain insurance billing practices as grounds for discipline for licensed school psychologists as required by recently enacted legislation.

    SUMMARY: This rulemaking amends the disciplinary guidelines for licensed school psychologists to add certain insurance billing practices as grounds for discipline as required by recently enacted legislation.

    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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

    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 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, 4052 Bald Cypress Way, Bin #C05, Tallahassee, FL 32399, (850)245-4374 or Allen.Hall@FlHealth.gov.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B21-504.001 Disciplinary Guidelines.

    (1) When the Department finds that a licensee has committed any of the acts set forth in Section 490.009(1) or 456.072(1), F.S., it shall issue a final order imposing one or more of the penalties listed in Section 456.072(2), F.S., as recommended in the following disciplinary guidelines. For applicants, all listed violations are sufficient for refusal to certify an application for licensure. In addition to any other discipline imposed, the Department, pursuant to Section 456.072(4), F.S., shall assess the costs related to the investigation and prosecution of a case. If the violation is for fraud or making false or fraudulent representation, the Department shall impose a fine of $10,000 per count or offense.

    (a) through (ff)  No change.

    (gg) Section 456.072(1)(oo), F.S.: willfully failing to comply with Sections 627.64194 or 642.513, F.S. with such frequency as to indicate a general business practice – a fine of $1,000 up to $5,000 and a letter of concern up to a reprimand.  For a second offense, a fine of $5,000 up to $10,000 and probation.  After the second offense, from suspension and a fine of $7,500 up to $10,000 to revocation.

    (2) through (3) No change.

    Rulemaking Authority 456.079 FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 9-11-03, Amended 7-5-06, 10-28-10,               .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hall

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip. MD, MPH, Surgeon General and Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2016

     

Document Information

Comments Open:
12/27/2016
Summary:
This rulemaking amends the disciplinary guidelines for licensed school psychologists to add certain insurance billing practices as grounds for discipline as required by recently enacted legislation.
Purpose:
To add certain insurance billing practices as grounds for discipline for licensed school psychologists as required by recently enacted legislation.
Rulemaking Authority:
456.079 FS
Law:
456.072, 456.079, 490.009 FS
Contact:
Allen Hall, Executive Director, 4052 Bald Cypress Way, Bin #C05, Tallahassee, FL 32399, (850)245-4374 or Allen.Hall@FlHealth.gov.
Related Rules: (1)
64B21-504.001. Disciplinary Guidelines