The Board proposes the rule amendment to add language to clarify how long a notice should be published prior to destruction of client records.  


  • RULE NO: RULE TITLE
    64B4-9.001: Requirements for Client Records
    PURPOSE AND EFFECT: The Board proposes the rule amendment to add language to clarify how long a notice should be published prior to destruction of client records.
    SUMMARY: The rule amendment will add language to clarify how long a notice should be published prior to destruction of client records.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 456.058, 491.004(5), 491.0148 FS.
    LAW IMPLEMENTED: 456.058, 491.009(2)(s), 491.0148 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    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

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B4-9.001 Requirements for Client Records.

    (1) through (2) No change.

    (3) When a clinical social worker, marriage and family therapist, or mental health counselor terminates practice or relocates and is no longer available to clients or users, the clients or users shall be notified of such termination or relocation and unavailability by the licensee’s causing to be published in the newspaper of greatest general circulation in the county in which the licensee practices or practiced, a notice which shall contain the date of termination or relocation and an address at which the licensee’s client or user records are available to the client, user, or to a licensed mental health professional designated by the client or user. The notice shall appear at least once a week for 4 consecutive weeks. The records shall be retained for 2 years after the termination or relocation of the practice.

    (4) No change.

    Specific Authority 456.058, 491.004(5), 491.0148 FS. Law Implemented 456.058, 491.009(2)(s), 491.0148 FS. History–New 5-8-90, Formerly 21CC-9.001, 61F4-9.001, 59P-9.001, Amended 2-11-98,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
    NAME OF SUPERVISOR OR PERSON 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: February 9, 2007
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2007

Document Information

Comments Open:
4/13/2007
Summary:
The rule amendment will add language to clarify how long a notice should be published prior to destruction of client records.
Purpose:
The Board proposes the rule amendment to add language to clarify how long a notice should be published prior to destruction of client records.
Rulemaking Authority:
456.058, 491.004(5), 491.0148 FS.
Law:
456.058, 491.009(2)(s), 491.0148 FS.
Contact:
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
Related Rules: (1)
64B4-9.001. Requirements for Client Records