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Home » 2012 Issues » Vol. 38, No. 10 (03/09/2012) » Disciplinary Guidelines

  Disciplinary Guidelines  


  • DEPARTMENT OF HEALTH
    Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
    RULE NO.: RULE TITLE:
    64B4-5.001: Disciplinary Guidelines
    NOTICE OF CHANGE
    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 41, October 14, 2011 issue of the Florida Administrative Weekly.

    The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:

    1. Subsection (1)(a) shall now read as follows:

    (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) & 491.009(1)(a), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE:

    $500 fine and reprimand

    denial or $1,000 fine and permanent revocation;

    SECOND OFFENSE:

    $1,000 fine and probation

    permanent denial and $1,000 fine and permanent revocation;

    FRAUD First Offense

    $10,000 fine

    $10,000 fine and/or reprimand; probation; suspension then probation; permanent revocation;

    FRAUD Second Offense

    $10,000 fine

    $10,000 fine and/or probation; suspension then probation; permanent revocation;

    FRAUD Third Offense

    $10,000 fine

    $10,000 fine and/or 1 year suspension then probation; permanent revocation

    2. Subsection (1)(l) shall now read as follows:

    (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)(a), (m) & 491.009(1)(l), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE:

    $250 fine

    $1,000 fine and reprimand;

    SECOND OFFENSE:

    $500 fine

    $1,000 fine and probation;

    THIRD OFFENSE:

    $500 fine

    $1,000 fine and 1 year suspension followed by probation;

    FRAUD First Offense

    $10,000 fine

    $10,000 fine and/or reprimand; probation; suspension then probation; permanent revocation;

    FRAUD Second Offense

    $10,000 fine

    $10,000 fine and/or probation; suspension then probation; permanent revocation;

    FRAUD Third Offense

    $10,000 fine

    $10,000 fine and/or 1 year suspension then probation; permanent revocation

    3. Subsection (1)(m) shall now read as follows:

    (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 fine and reprimand

    $1,000 fine and/or 6 month suspension followed by probation; permanent revocation;

    SECOND OFFENSE:

    $1,000 fine and reprimand

    $1,000 fine and/or 1 year suspension followed by probation; permanent revocation;

    THIRD OFFENSE:

    $1,000 fine and 1 year suspension followed by probation

    $1,000 fine and/or permanent revocation;

    FRAUD First Offense

    $10,000 fine and reprimand

    $10,000 fine and/or 6 month suspension then probation; permanent revocation;

    FRAUD Second Offense

    $10,000 fine and reprimand

    $10,000 fine and/or 1 year suspension then probation; permanent revocation;

    FRAUD Third Offense

    $10,000 fine and 1 year suspension followed by probation

    $10,000 fine and/or permanent revocation

    4. Subsection (1)(ff) shall now read as follows:

    (ff) 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:

    $500 fine and reprimand

    $1,000 fine and/or reprimand; 1 year suspension then probation; permanent revocation;

    SECOND OFFENSE:

    $1,000 fine and probation

    $1,000 fine and/or 3 month suspension followed by probation; permanent revocation;

    THIRD OFFENSE:

    $1,000 fine and 1 year suspension followed by probation

    denial or $1,000 fine and permanent revocation;

    FRAUD First Offense

    $10,000 fine and reprimand

    $10,000 fine and/or reprimand; 1 year suspension then probation; permanent revocation;

    FRAUD Second Offense

    $10,000 fine and probation

    $10,000 fine and/or 3 month suspension then probation; permanent revocation;

    FRAUD Third Offense

    $10,000 fine and 1 year suspension followed by probation

    $10,000 fine and/or permanent revocation

    5. Subsection (1)(jj) shall now read as follows:

    (jj) Failing to inform the department, within 30 days, 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 fine

    $500 fine and reprimand;

    SECOND OFFENSE:

    $1,000 fine and reprimand

    $1,000 fine and 6 month suspension followed by probation;

    THIRD OFFENSE:

    $1,000 fine and 1 year suspension then probation

    $1,000 fine and  permanent revocation

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

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64B4-5.001. Disciplinary Guidelines