For Rule 64B4-5.005, F.A.C., the Board proposes the rule amendment to update educational course requirements due to statutory changes. For Rule 64B4-5.007, F.A.C., the Board proposes the rule amendment to update citations due to statutory changes.

 

DEPARTMENT OF HEALTH

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

RULE NOS.:RULE TITLES:

64B4-5.005Minor Violations, Notice of Noncompliance

64B4-5.007Citations

PURPOSE AND EFFECT: For Rule 64B4-5.005, F.A.C., the Board proposes the rule amendment to update educational course requirements due to statutory changes. For Rule 64B4-5.007, F.A.C., the Board proposes the rule amendment to update citations due to statutory changes.

SUMMARY: Due to statutory changes, Rule 64B4-5.005, F.A.C., will be updated regarding educational course requirements. Due to statutory changes, Rule 64B4-5.007, F.A.C., citations will be updated.

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: 120.695, 456.073(3), 456.077, 491.004(5) FS.

LAW IMPLEMENTED: 120.695, 456.073(3), 456.077, 491.009(1)(n), 491.0149 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: Jennifer Wenhold, 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:

 

64B4-5.005 Minor Violations, Notice of Noncompliance.

(1) No change.

(2) “Minor violations” as used in Section 456.073(3), F.S., are defined as follows for clinical social workers, marriage and family therapists, and mental health counselors:

(a) through (k) No change.

(l) Failing to comply with the educational course requirements for domestic violence as required by Section 456.031(1)(a), F.S.

(l)(m) No change.

(m)(n) No change.

(3) No change.

Rulemaking Authority 120.695, 456.073(3), 491.004(5) FS. Law Implemented 120.695, 456.073(3), 491.009(1)(n), 491.0149 FS. History–New 1-4-90, Amended 1-7-92, Formerly 21CC-5.005, 61F4-5.005, Amended 1-7-96, Formerly 59P-5.005, Amended 12-11-97, 2-9-99, 1-16-06, 11-7-16,             .

 

64B4-5.007 Citations.

(1) through (2) No change.

(3) The Board hereby designates as offenses for citations and the appropriate penalties the following:

(a) No change.

(b) First time violation of subsection 64B4-6.001(2), F.A.C. – $500.

(c) Failure to document correction of continuing education deficiencies within 90 days after notice of non-compliance – $1000.

(b)(d) No change.

Rulemaking Specific Authority 456.077, 491.004(5) FS. Law Implemented 456.077 FS. History–New 1-7-92, Formerly 21CC-5.007, 61F4-5.007, 59P-5.007, Amended 12-11-97, 2-9-99, 10-18-99, 3-27-05,                              .

 

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: February 9, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 4, 2017