The purpose of the rule amendment is to update the language for terms of probation.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-5.008Terms of Probation

PURPOSE AND EFFECT: The purpose of the rule amendment is to update the language for terms of probation.

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: 456.072(2)(f), 491.004(5) FS.

LAW IMPLEMENTED: 456.072(2)(f), 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:

64B4-5.008 Terms of Probation.

Any licensee determined to have violated the provisions of chapter 491, F.S., may be ordered to serve probationary terms including any or all of the following when they are reasonably tailored to the violation found:

(1) through (2) No change.

(3) The licensee’s probation shall be subject to the following terms and conditions:

(a) through (d) No change.

(e) Probationer shall submit quarterly reports to the Board. The reports shall include:

1. through 6. no change.

7. Copies Notarized copies of a number of patient records of patients examined or treated by the Probationer within the previous sixty (60) days with all identification of patient suitably obliterated.

(f) through (l) No change.

(m) During a specified number of months, the Probationer shall perform a number of hours of community service at a specified location or organization. Community service shall consist of psychotherapy without fee or cost to the patient for the good of the people of the State of Florida. Documentation Affidavits detailing the community service performed shall be filed with the Board.

(4) No change.

Rulemaking Authority 456.072(2)(f), 491.004(5) FS. Law Implemented 456.072(2)(f), 491.009 FS. History–New 6-1-92, Formerly 21CC-5.008, 61F4-5.008, 59P-5.008,_______________.

 

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 9, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 20, 2020