The Board proposes a rule amendment to update the disciplinary guidelines requirements.

 

DEPARTMENT OF HEALTH

Board of Psychology

RULE NO.:RULE TITLE:

64B19-17.002Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes a rule amendment to update the disciplinary guidelines requirements.

SUMMARY: The proposed rule amendment updates the requirements for 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 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 – [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B19-17.002 Disciplinary Guidelines.

(1) When the Board finds that an applicant, a telehealth registrant, a psychologist temporarily practicing in Florida pursuant to an Interjurisdictional Practice Certificate, a Florida licensed psychologist providing interjurisdictional telepsychology in any other jurisdiction pursuant to an E-Passport, or a licensee has committed any of the acts set forth in Chapter 456 or 490, F.S., it may issue a final order imposing one or more of the penalties listed in Section 456.072(2) or 456.47, F.S., as recommended in the following disciplinary guidelines. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 456 or 490, F.S. All penalties at the upper range of the sanctions set forth in the guidelines, e.g., suspension, revocation, etc., include lesser penalties, e.g., fine, continuing education, probation, or reprimand, which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety, and welfare. In addition to any other discipline imposed under these guidelines, the board shall assess costs relating to the investigation and prosecution of the case. Penalty ranges are shown as minimum and maximum guidelines as well as for first time single count violations and for multiple or repeated violations of the same statutory provision or the rules promulgated thereunder. The term license means any permit, registration, certificate, out-of-state telehealth provider registration, or license, including a provisional license, issued by the Department. The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, reprimand, suspension, and revocation. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations.  The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.

(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 AND COMPACT PRACTITIONER PENALTY RANGE		OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE
	FIRST OFFENSE	SUBSEQUENT OFFENSE(S)	FIRST OFFENSE	SUBSEQUENT OFFENSE
(a) through (qq) No Change.
(rr) Having adverse action taken by a distant state on the ability to provide temporary in-person, face-to-face practice.        Section 490.0075, Psychology Interjurisdictional Compact, art. VII, sec. 2, F.S.	MIN: Same penalty that would have been imposed had the violation occurred in Florida and a $1,000 fine;   MAX: Same penalty that would have been imposed had the violation occurred in Florida and a $5,000 fine.	MIN: Same penalty that would have been imposed had the violation occurred in Florida and a $5,000 fine;     MAX: Revocation  and a $10,000 fine.	N/A	N/A
(ss) Committing a violation of Florida law while providing interjurisdictional telepsychology in another jurisdiction.       Section 490.0075, Psychology Interjurisdictional Compact, art. VII, sec. 4, F.S.	MIN: Same penalty that would have been imposed had the violation occurred in Florida and a $1,000 fine;   MAX: Same penalty that would have been imposed had the violation occurred in Florida and a $5,000 fine.	MIN: Same penalty that would have been imposed had the violation occurred in Florida and a $5,000 fine;     MAX: Revocation of the ability to provide interjurisdictional telepsychology services in Florida  and a $10,000 fine.	N/A	N/A
(tt) Committing a violation of Florida law while providing temporary in-person, face-to-face practice in Florida.      Section 490.0075, Psychology Interjurisdictional Compact, art. VII, sec. 5, F.S.	MIN: Same penalty that would have been imposed had the individual been licensed in Florida and a $1,000 fine;   MAX: Same penalty that would have been imposed had the individual been licensed in Florida and a $5,000 fine.	MIN: Same penalty that would have been imposed had the individual been licensed in Florida and a $5,000 fine;   MAX: Revocation of the ability to provide temporary in-person, face-to-face practice in Florida  and a $10,000 fine.	N/A	N/A
(uu) Committing a violation of Florida law while providing interjurisdictional telepsychology services in Florida.       Section 490.0075, Psychology Interjurisdictional Compact, art. VII, sec. 2, F.S.	MIN: Same penalty that would have been imposed had the individual been licensed in Florida and a $1,000 fine;   MAX: Same penalty that would have been imposed had the individual been licensed in Florida and a $5,000 fine.	MIN: Same penalty that would have been imposed had the individual been licensed in Florida and a $5,000 fine;   MAX: Revocation of the ability to provide interjurisdictional telepsychology services in Florida and a $10,000 fine.

(3) Through (4) No Change.

Rulemaking Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009, 490.0075 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, 2-8-22, ______________________.

 

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: July 28, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2023