The rule amendment reduces the reasons for citations

 

DEPARTMENT OF HEALTH

Board of Psychology

RULE NO.:RULE TITLE:

64B19-17.004Citations

PURPOSE AND EFFECT: The rule amendment reduces the reasons for citations

SUMMARY: Reasons for citations

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: 456.077FS.

LAW IMPLEMENTED: 456.072(4), 456.077 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, Department of Health, 4052 Bald Cypress Way Bin #C05, Tallahassee, Florida 32399-0797

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B19-17.004 Citations.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, within thirty (30) days, impose whatever obligations will correct the offense, and impose the prescribed penalty. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. In addition to the fine indicated, the licensee shall pay the Department’s cost of investigation.

(1) through (2) No change.

(3) Violation of Section 490.009(1)(f), F.S. (for maintaining a professional association with a person who may be in violation of the chapter or rule): $500 fine.

(3)(4) Violation of Section 490.009(1)(t), F.S., through a violation of subsection 64B19-13.003(4), F.A.C. (for failing to provide documentation of Continuing Education courses upon request): $50 per credit hour missing, if documentation of some credits is provided: $3,000 and a reprimand if no documentation is provided.

(4)(5) Violation of Section 456.035(1), F.S. (for failing to notify the Board of the licensee’s current mailing address and place of practice after 60 days but within 90 days): $250 fine.

(5)(6) Violation of Section 490.009(1)(t), F.S. (for failing to pay an administrative fine within thirty (30) days after notification of delinquency): 10% of the fine and/or cost of imposed fine and cost (failure to pay citation will result in an administrative complaint).

(6)(7) Violation of Section 490.009(1)(o), F.S. (for failing to respond within 30 days to a written communication from the Department concerning any investigation by the Department or to make available any relevant records with respect to any investigation about the licensee’s conduct or background): $500 fine.

(7)(8) Violation of Section 490.012(2), F.S. (for failing to display license): $100 fine.

(8)(9) Issuance of a worthless bank check to the Department or to the Board in violation of Section 490.009(1)(a), F.S.: $100 fine.

(9)(10) Violation of Section 456.072(1)(w), F.S., (for failing to report to the Board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction) where the licensee ultimately reported more than 30 days but fewer than 91 days: $100 fine.

(10)(11) Violation of Section 456.072(1)(t), F.S., (for failing to identify type of license): $100 fine.

Rulemaking Specific Authority 456.077 FS. Law Implemented 456.072(4), 456.077 FS. History–New 1-16-92, Amended 4-26-93, Formerly 21U-18.006, 61F13-18.006, Amended 1-9-96, Formerly 59AA-17.004, Amended 11-23-97, 3-25-02, 9-21-04, 4-8-07,________.

 

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: April 26, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 15, 2013