Jeremy S. Gaies; The Notice of Petition for Declaratory Statement was published in Volume 38, No. 92, of the December 17, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on January 25, ...

 

DEPARTMENT OF HEALTH

Board of Psychology

RULE NO.:RULE TITLE:

64B19-19.003:Maintenance and Retention of Records

NOTICE IS HEREBY GIVEN that the Board of Psychology has issued an order disposing of the petition for declaratory statement filed by Jeremy S. Gaies on October 29, 2012. The following is a summary of the agency's disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Volume 38, No. 92, of the December 17, 2012, Florida Administrative Register. The Board considered the Petition at a duly-noticed public meeting held on January 25, 2013. The Petitioner requested the Board’s interpretation of Rule 64B19-19.003, Florida Administrative Code, regarding the maintenance and retention of records when a psychologist is independently contracting with a psychology practice. The Board’s Order, filed on March 19, 2013, denies the declaratory statement. The Board determined the Petition is requesting for clarification of the statutory provision and rules to determine conduct that has already occurred. This type of clarification is not appropriate for determination by declaratory statement. Furthermore, it is the Board’s opinion that Section 490.148, F.S., and Rules 64B19-19.003, 64B19-19.005, and 64B19-19.006, F.A.C. are not ambiguous and declines to clarify the statute and rules.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Allen Hall, Executive Director, Board of Psychology, 4052 Bald Cypress Way Bin #C05, Tallahassee, Florida 32399-3255.

Please refer all comments to: Allen Hall, Executive Director, Board of Psychology, 4052 Bald Cypress Way Bin #C05, Tallahassee, Florida 32399-3255.