This rulemaking eliminates unnecessary or duplicative language and corrects statutory references.

 

DEPARTMENT OF HEALTH

School Psychology

RULE NOS.:RULE TITLES:

64B21-504.001Disciplinary Guidelines

64B21-504.002Notice of Noncompliance

64B21-504.003Citations

64B21-504.004Mediation

PURPOSE AND EFFECT: This rulemaking eliminates unnecessary or duplicative language and corrects statutory references.

SUMMARY: This rulemaking eliminates unnecessary language and amends fines that are inconsistent with Section 456.072(2)(d), FS.

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: This rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 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, 120.695, 456.072, 456.077, 456.078 FS.

LAW IMPLEMENTED: 456.072, 456.079, 490.009, 456.073, 456.077, 456.078, 490.015 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B21-504.001 Disciplinary Guidelines.

(1) through (1)(j) No change.

(k) Section 490.009(1)(k) or 456.072(1)(v)(u), F.S.: committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined in Section 490.0111 or 456.063, F.S. – a fine of $7,000, a PRN evaluation and probation up to suspension followed by probation with a PRN evaluation. After the first offense, a fine of $7,000 up to $10,000 and PRN evaluation and suspension followed by probation, or in the alternative, revocation.

(l) through (o) No change.

(p) Section 490.009(1)(p) or 456.072(1)(z)(y), F.S.: unable to practice with reasonable skill or competence – the penalty shall be suspension until such time as the licensee demonstrates rehabilitation satisfactory to the Department, then probation and mental or physical evaluations by Department approved professionals.

(q) through (v) No change.

(w) Section 490.009(1)(w) or 456.072(1)(dd)(cc), F.S.: violating any provision of Chapter 490, F.S., this chapter or Chapter 456, F.S., or any rules adopted thereto – 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, a fine of $7,500 up to $10,000 and suspension followed by probation or revocation. If the violation is for engaging or attempting to engage in sexual misconduct, then the penalty shall be a $10,000 fine and revocation.

(x) through (z) No change.

(aa) Section 456.072(1)(gg), F.S.: 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 or alcohol treatment program – from suspension and a fine of up to $1,000 to revocation. For a second offense, from suspension and a fine of up to $5,000 to revocation. After a second offense, from suspension and a fine of up to $7,500 to revocation.

(bb) through (ee) are renumbered (aa) through (dd)

(ee)(ff) Section 456.072(1)(ll), F.S.: being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud – for a misdemeanor with no intentional fraud, a fine $10,000 of $1,000 to $5,000 and probation to revocation. For a felony, a fine of $7,500 up to $10,000 and from suspension to revocation. For a second offense, a fine of $10,000 and 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, .

 

64B21-504.002 Notice of Noncompliance.

The Department adopts the provisions in Rule 64B19-17.0035, F.A.C. (effective March 2005), as the minor violations which shall result in a notice of noncompliance.

Rulemaking Authority 120.695 FS. Law Implemented 456.073, 490.015 FS. History–New 4-11-05, Amended_____.

 

64B21-504.003 Citations.

The Department adopts the provisions in Rule 64B19-17.004, F.A.C. (effective March 2005), as the citation provisions to be imposed by the Department.

Rulemaking Authority 456.072, 456.077 FS. Law Implemented 456.073, 456.077, 490.015 FS. History–New 4-11-05, Amended.

 

64B21-504.004 Mediation.

The Department adopts the provisions in Rule 64B19-17.007, F.A.C., (effective March 2005), as the offenses that may be resolved through mediation.

Rulemaking Authority 456.078 FS. Law Implemented 456.078, 490.015 FS. History–New 4-11-05, Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hall

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2014