The Board proposes the rule amendment to update minor violations and notice of noncompliance.

 

DEPARTMENT OF HEALTH

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

RULE NO.:RULE TITLE:

64B4-5.005Minor Violations, Notice of Noncompliance

PURPOSE AND EFFECT: The Board proposes the rule amendment to update minor violations and notice of noncompliance.

SUMMARY: Minor violations and notice of noncompliance will be updated.

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: 120.695, 456.073(3), 491.004(5) FS.

LAW IMPLEMENTED: 120.695, 456.073(3), 491.009(2)(n), 491.0149 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: Jennifer Wenhold, Executive Director, Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling/MQA, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B4-5.005 Minor Violations, Notice of Noncompliance.

(1) In accordance with Section 456.073(3), F.S., when a complaint is received, the Department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within the 15 days after notice shall result in the institution of regular disciplinary proceedings. In the case of correcting deficiencies in continuing education credit found during an audit, the licensee shall document that the violation has been corrected within 90 days after notice of non-compliance or regular disciplinary proceedings will be instituted.

(2) “Minor violations” as used in Section 456.073(3), F.S., are defined as follows for clinical social workers, marriage and family therapists, and mental health counselors:

(a) through (b) No change.

(c) Lacking continuing education hours as required by Section 491.007(2), F.S.

(d) through (k) redesignated (c) through (j) No change.

(k) Failure to include the statement required by Section 456.062, F.S., in any advertisement for a free, discounted fee, or reduced fee service or treatment.

(l) through (m) No change.

(n) Failure to identify through written notice or orally to a patient the type of licensure under which the practitioner is practicing as required by Section 456.072(1)(t), F.S.

(3) No change.

Rulemaking Specific Authority 120.695, 456.073(3), 491.004(5) FS. Law Implemented 120.695, 456.073(3), 491.009(2)(n), 491.0149 FS. History–New 1-4-90, Amended 1-7-92, Formerly 21CC-5.005, 61F4-5.005, Amended 1-7-96, Formerly 59P-5.005, Amended 12-11-97, 2-9-99, 1-16-06,                                    .

 

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 11, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 25, 2016