The Board proposes a rule amendment to add new disciplinary guidelines pursuant to recent statutory changes.

 

DEPARTMENT OF HEALTH

Board of Psychology

RULE NO.:RULE TITLE:

64B19-17.002Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes a rule amendment to add new disciplinary guidelines pursuant to recent statutory changes.

SUMMARY: The rule amendment adds new guidelines to comply with statutory changes.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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, 490.004(4) FS.

LAW IMPLEMENTED: 456.072, 456.079, 490.009 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: Allen Hall, Executive Director, Board of Psychology, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B19-17.002 Disciplinary Guidelines.

(1) No Change.

(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees and permittees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

VIOLATION	FLORIDA LICENSEE PENALTY RANGE		OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE
	FIRST OFFENSE	SUBSEQUENT OFFENSE(S)	FIRST OFFENSE	SUBSEQUENT OFFENSE
(a) Through (oo) No Change.
(pp) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)	MIN: Reprimand and a $1,000 fine; MAX: One (1) year probation and a $5,000 fine.	MIN: One (1) year probation and a $5,000 fine; MAX: Revocation	MIN: Reprimand; MAX: Suspension and a corrective action plan.	MIN: One (1) year suspension and a corrective action plan; MAX: Revocation
(qq) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in section 456.074(5) or a similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)	MIN: Revocation; MAX: Revocation and a $10,000 fine.	MIN: Revocation; MAX: Revocation and a $10,000 fine.	MIN: Revocation; MAX: Revocation.	MIN: Revocation; MAX: Revocation.

(3) Though (4) No Change.

Rulemaking Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 11-24-86, Amended 7-18-88, 4-26-93, Formerly 21U-18.003, Amended 6-14-94, Formerly 61F13-18.003, Amended 1-9-96, Formerly 59AA-17.002, Amended 9-18-97, 9-26-01, 3-25-02, 4-3-05, 1-2-06, 12-31-06, 2-18-10, 6-21-17, 6-20-18, 5-25-21, 11-4-21,______________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Psychology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Psychology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 29, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 2, 2021