Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
RULE NO.:RULE TITLE:
64B4-5.001Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes a rule amendment that updates and clarifies the disciplinary guidelines.
SUMMARY: The proposed rule amendment updates the penalties required in the disciplinary guidelines.
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: 456.079, 491.004(5) FS.
LAW IMPLEMENTED: 456.072, 456.079, 491.009 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: Ashleigh K. Irving, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling, 4052 Bald Cypress Way Bin C-08, Tallahassee, FL 32399-3258, telephone: (850)488-0595, or by electronic mail – Ashleigh.Irving@flhealth.gov
THE FULL TEXT OF THE PROPOSED RULE IS:
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., or a telehealth provider registered under section 456.47(4), F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(1), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.
(a) Through (r) No Change.
(s) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.
(Section 491.009(1)(r), F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS
FIRST OFFENSE:
$250.00 fine and reprimand
$500.00 fine and revocation probation
SECOND OFFENSE:
$1,000.00 fine and probation
$1,000.00 fine, revocation and one (1) year suspension then probation
THIRD AND SUBSEQUENT OFFENSES:
$1,000.00 fine and one (1) year suspension then probation
$1,000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective action plan
Revocation
(t) Through (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 participate in the program from which the practitioner was terminated has been restored.
(Section 456.072(1)(kk), F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$1,000.00 fine, Letter of concern
$5,000.00 fine, revocation and suspension
SECOND OFFENSE:
$10,000.00 fine, reprimand
$10,000.00 fine and permanent revocation
THIRD OFFENSE:
Permanent Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Suspension and a corrective action plan
SECOND OFFENSE
Reprimand
Revocation
THIRD OFFENSE
Revocation
(nn) Through (rr) No Change.
(2) Through (4) No Change.
Rulemaking Authority 456.079, 491.004(5) FS. Law Implemented 456.072, 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, 12-7-17, 3-11-21, 12-8-21,___________________________.
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: August 8, 2024
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2024
Document Information
- Comments Open:
- 9/26/2024
- Summary:
- The proposed rule amendment updates the penalties required in the disciplinary guidelines.
- Purpose:
- The Board proposes a rule amendment that updates and clarifies the disciplinary guidelines.
- Rulemaking Authority:
- 456.079, 491.004(5) FS.
- Law:
- 456.072, 456.079, 491.009 FS.
- Related Rules: (1)
- 64B4-5.001. Disciplinary Guidelines