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. 43 No. 66, April 5, 2017 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and a vote by the Board at a duly noticed public meeting held on May 11, 2017. The rule shall now read as follows:
64B4-5.001 Disciplinary Guidelines.
(1) When the Board finds an applicant, licensee, registered intern, provisional licensee, or certificate holder whom it regulates under Chapter 491, F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(1)(12), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.
(a) through (gg) No change.
(hh) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.
(Section 456.072(1)(aa), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$500 fine and probation
$750 fine and substance abuse evaluation, suspension then probation
SECOND OFFENSE:
$750 fine suspension then probation
$1,000 fine and/or permanent revocation
THIRD OFFENSE:
$1,000 fine, 2 years suspension
then probation
$1,000 fine and/or permanent revocation
(ii) 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 then probation
THIRD OFFENSE:
$1,000 fine and 1 year suspension then probation
$1,000 fine and permanent revocation
(jj) Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.
(Section 456.072(1)(hh), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
Suspension until compliant with contract
$10,000 1,000 fine, and/or permanent revocation
SECOND OFFENSE:
Suspension until compliant with contract
$10,000 fine, permanent revocation
THIRD OFFENSE:
Permanent Revocation
(kk) Being convicted of, or entering a plea of guilty or nolo contendre to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(Section 456.072(1)(ii), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$10,000 fine, and permanent revocation
$10,000 fine, and permanent revocation
SECOND OFFENSE:
$10,000 fine, permanent revocation
$10,000 fine, permanent revocation
THIRD OFFENSE:
Permanent Revocation
(ll) No change.
(mm) Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to practicipate in the program from which the practitioner was terminated has been restored.
(Section 456.072(1)(kk), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$1,000 fine, Letter of concern
$5,000 fine, and/or suspension
SECOND OFFENSE:
$10,000 fine, reprimand
$10,000 fine, and/or permanent revocation
THIRD OFFENSE:
Permanent Revocation
(nn) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
(Section 456.072(1)(ll), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$10,000 fine, and permanent revocation
$10,000 fine, and permanent revocation
SECOND OFFENSE:
$10,000 fine, permanent revocation
$10,000 fine, permanent revocation
THIRD OFFENSE:
Revocation
(oo) Violating any provision of Section 790.338, F.S., relating to medical privacy concerning firearms.
(Section 456.072(1)(nn), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$250 fine, Letter of concern
$500 fine and reprimand
SECOND OFFENSE:
$500 fine and reprimand
$750 fine and probation
THIRD OFFENSE:
$750 fine, suspension then probation
$1,000 fine and/or permanent revocation
(oo)(pp) No change.
(2) through (4) No change.
Rulemaking Authority 456.079, 491.004(5) FS. Law Implemented 456.079, 491.009 FS. History–New 3-5-89, Amended 1-3-91, 6-1-92, Formerly 21CC-5.001, Amended 1-9-94, Formerly 61F4-5.001, Amended 12-22-94, Formerly 59P-5.001, Amended 12-11-97, 10-1-00, 2-5-01, 10-15-02, 3-27-05, 1-16-06, 4-6-10, 5-22-12, .
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.
