Notice of the issuance of an Order regarding the Petition for Variance for Patricia Challen filed on November 5, 2008. The Notice of Petition for Variance was published in Vol. 34, No. 47, of the November 21, 2008, Florida Administrative Weekly. The ...

 

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

Rule No. : RULE TITLE :
64B4-31.007: Definition of a "Licensed Mental Health Counselor or the Equivalent, Who Is a Qualified Supervisor."

The Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling hereby gives Notice of the issuance of an Order regarding the Petition for Variance for Patricia Challen filed on November 5, 2008. The Notice of Petition for Variance was published in Vol. 34, No. 47, of the November 21, 2008, Florida Administrative Weekly. The petition requested a waiver or variance from the requirement imposed by Rule 64B4-31.007, Florida Administrative Code, with regard to the requirement for who can act as a qualified supervisor. The Board considered the Petition at a duly-noticed public meeting held on January 29, 2009, in Jacksonville, Florida.

The Board’s Order, filed on March 24, 2009, denies the Petition for Variance or Waiver, finding that Petitioner was in substantial compliance with Section 120.542, Florida Statutes, and Chapter 28-104, Florida Administrative Code. The Board determined that Petitioner did not demonstrate that: the purpose of the underlying statute, Section 491.005(4), Florida Statutes, would be met were she to be granted a variance from the rule: and application of Rule 64B4-31.007, Florida Administrative Code, would present a substantial hardship to the Petitioner or that the application of that rule violates the principles of fairness with regard to Petitioner. The Board determined that a waiver of the rule would not serve the purposes of the underlying statute.

A copy of the Board’s Order may be obtained by contacting: Susan Foster, 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.