The Board proposes the rule amendments to update rule language for intern registration and adding an incorporated form by reference.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-3.0085Intern Registration

PURPOSE AND EFFECT: The Board proposes the rule amendments to update rule language for intern registration and adding an incorporated form by reference.

SUMMARY: To update rule language and add an incorporated form by reference.

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: 491.004(5) FS.

LAW IMPLEMENTED: 456.013, 456.0635, 491.0045 , 491.005 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: Janet Hartman, 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.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B4-3.0085 Intern Registration.

(1)    through  (9) No Change.

(10) An “emergency or hardship case” pursuant to s. 491.0045(6), F.S., means that the Registered Intern requesting the one-time exception: that a circumstance or circumstances exist or existed that substantially relate to the ability to complete the internship requirements.  The circumstance or circumstances must be beyond the registered intern’s control and be of such duration to have eliminated the ability of the Registered Intern to complete their internship requirements within the timeframe established pursuant to s. 491.0045(6), F.S.

(a)  Has passed the theory and practice examination as required in s. 491.005(1)(d), (3)(d), and (4)(d);

(b) Has completed all educational requirements, including their required clinical practicum hours; and

(c) Confirms in writing that a circumstance or circumstances exist or existed that substantially relate to the ability to complete the internship requirements which are beyond the registered intern’s control and are of such duration to have eliminated the ability of the registered intern to complete their internship requirements established pursuant to s. 491.0045(6), F.S. and that the registered intern understands that Ffailure to pass the exam does not meet the requirements of an emergency or hardship case.

(11) No later than 3090 days prior to the expiration of the internship registration, the Registered Intern shall submit, form DH5065-MQA, Registered Intern Exception Request Form (Revised 06/2021), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-_______, or on the web at www.floridamentalhealthprofessions.gov/resourcesin writing, a request to the Board for an exception to the requirements of s. 491.0045(6), F.S., with all documents necessary to demonstrate the emergency or hardship case experienced by the Registered Intern.  Upon receipt of timely filed, fully completed and signed Registered Intern Exception Request Form establishment of an emergency or hardship case, as determined by the Board, the Board shall issue the rRegistered iIntern a one-time exception by granting an extension of their Registered Intern’s registration status for up to 24 months from the date of the initial registration expiration.  The Board shall determine the length of the extension and Nno further exceptions or extensions are authorized by s. 491.0045, F.S.

Rulemaking Authority 491.004(5) FS. Law Implemented 456.013, 456.0635, 491.0045 , 491.005 FS. History–New 6-8-09, Amended 2-24-10, 10-17-10, 4-4-13, 2-9-16, 6-7-16, 9-1-16, 2-27-19, 3-9-21,_____________ .

 

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: May 6, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2021