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.

(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) Failure to make available to a patient or client upon written request, reports, copies of test results, or documents in the possession or under the control of the licensee or certificateholder which have been prepared for and paid for by the patient or client.

(b) Failure to obtain an education course on human immunodeficiency virus and acquired immune deficiency syndrome within six (6) months of licensure as required by Section 491.0065, F.S.

(c) Practicing on an inactive license for three (3) months or less as prohibited by Section 456.036(1), F.S.

(d) Practicing on a delinquent license for three (3) months or less as prohibited by Section 456.036(1), F.S.

(e) Failure to conspicuously display the valid license as required by Section 491.0149(1)(a), F.S.

(f) Failure of a licensed clinical social worker to include the words “licensed clinical social worker” or the letters “LCSW” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the licensee as required by Section 491.0149(1)(b)1., F.S.

(g) Failure of a licensed marriage and family therapist to include the words “licensed marriage and family therapist” or the letters “LMFT” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the licensee as required by Section 491.0149(1)(b)2., F.S.

(h) Failure of a licensed mental health counselor to include the words “licensed mental health counselor” or the letters “LMHC” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the licensee as required by Section 491.0149(1)(b)3., F.S.

(i) Failure of a registered intern to use the words “registered intern” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the licensee as required by Section 491.0149(2)(b), F.S.

(j) Failure of a provisional licensee to use the words “provisional licensee” on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the licensee as required by Section 491.0149(3)(b), F.S.

(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) Practicing on a retired license for three (3) months or less as prohibited by Section 456.036(1), F.S.

(m) 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) In accordance with Section 120.695, F.S., the Department shall issue a notice of noncompliance as a first enforcement action against a licensee for a minor violation of a rule. Pursuant to Section 120.695(2)(b), F.S., the Board designates a violation of subsection 64B4-6.003(2), F.A.C., as a minor violation of a rule for which a notice of noncompliance is issued.

Rulemaking Authority 120.695, 456.073(3), 491.004(5) FS. Law Implemented 120.695, 456.073(3), 491.009(1)(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, 11-7-16, 8-10-17.