of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 4, 2015, by Rosimar Hernandez. The Notice of Petition for Waiver or Variance was published in Volume 41, Number 24, of the February 5, 2015, ...

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-31.007Definition 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 a Petition for Variance or Waiver, which was filed on February 4, 2015, by Rosimar Hernandez. The Notice of Petition for Variance or Waiver was published in Volume 41, Number 24, of the February 5, 2015, Florida Administrative Register. The Petitioner was seeking a waiver or variance of paragraph 64B4-31.007(2)(b), F.A.C., entitled, “Definition of a Licensed Mental Health Counselor or the Equivalent, Who Is a Qualified Supervisor,” which requires that a “licensed mental health counselor, or the equivalent, who is a qualified supervisor,” as used in Section 491.005(4)(c), F.S., is defined as an individual who, during the period for which the applicant claims supervision, is licensed or certified as a mental health counselor in another state, or resides in another state where licensure is not required, provided that he or she meets the education and experience requirements for licensure as a mental health counselor under Section 491.005(4), F.S.

The Board considered the instant Petition at a duly-noticed meeting, held April 23, 2015, in Lake Mary, Florida.

The Board’s Order, filed on May 12, 2015, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from paragraph 64B4-31.007(2)(b), F.A.C. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned Rule to her circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Sue 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.