To amend disciplinary guidelines for a school psychologist to provide penalty for failing to comply with parental consent requirements and to adopt by rule incorporation a definition of sexual misconduct.

 

DEPARTMENT OF HEALTH

School Psychology

RULE NO.:RULE TITLE:

64B21-504.001Disciplinary Guidelines

PURPOSE AND EFFECT: To amend disciplinary guidelines for a school psychologist to provide penalty for failing to comply with parental consent requirements and to adopt by rule incorporation a definition of sexual misconduct.

SUMMARY: This rulemaking updates disciplinary guidelines as required by recently enacted legislation and adopts by rule incorporation a definition of sexual misconduct.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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, 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, 4052 Bald Cypress Way, Bin #C-05, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B21-504.001 Disciplinary Guidelines.

(1) When the Department finds that a licensee has committed any of the acts set forth in Section 490.009(1) or 456.072(1), F.S., it shall issue a final order imposing one or more of the penalties listed in Section 456.072(2), F.S., as recommended in the following disciplinary guidelines. For applicants, all listed violations are sufficient for refusal to certify an application for licensure. In addition to any other discipline imposed, the Department, pursuant to Section 456.072(4), F.S., shall assess the costs related to the investigation and prosecution of a case. If the violation is for fraud or making false or fraudulent representation, the Department shall impose a fine of $10,000 per count or offense.

(a) through (j) no change. 

(k) Section 490.009(1)(k) or 456.072(1)(u), F.S.: committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as provided defined in Section 490.0111 or 456.063, F.S. – a fine of $7,000, a PRN evaluation and probation up to suspension followed by probation with a PRN evaluation. After the first offense, a fine of $7,000 up to $10,000 and PRN evaluation and suspension followed by probation, or in the alternative, revocation.  “Sexual misconduct” means, to the extent applicable, the sexual misconduct defined by Florida Administrative Code Rule 64B19-16.003.

(l) through (gg) no change. 

(hh) Section 456.072(1)(rr), F.S.: failing to comply with the parental consent requirements of Section 1014.06, F.S. - a fine of $1,000 up to $5,000 and a reprimand up to one (1) year probation.  For a second offense, a fine of $5,000 and one (1) year probation up to revocation.

(ii) Section 456.072(1)(ss), F.S.: being convicted or found guilty or entering a plea of guilty or nolo contendere, 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 – revocation up to $10,000 fine and revocation.  For a second offense, revocation and a $10,000 fine.

(2) through (3) no change. 

Rulemaking Authority 456.079 FS. Law Implemented 456.072, 456.079, 490.009,1014.06 FS. History–New 9-11-03, Amended 7-5-06, 10-28-10, 3-14-17,          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hall

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Joseph A. Ladapo, MD, PhD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 24, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 23, 2022