Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
RULE NO: RULE TITLE
64B4-6.001: Renewal of Active License
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete the provision of the rule that allows pro bono services to be credited toward continuing education requirement.
SUMMARY: The rule amendment will delete the provision of the rule that allows pro bono services to be credited toward continuing education requirement.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.013(6), 456.031(1)(a), 491.004(5), 491.007(2) FS.
LAW IMPLEMENTED: 456.013(6), (7), 456.031(1)(a), 491.007(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, 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:

64B4-6.001 Renewal of Active License.

(1) No change.

(2) A licensee shall not be required to complete continuing education for the first renewal of licensure. For each subsequent renewal:

(a) through (b) No change.

(c) A maximum of six (6) of the required thirty (30) hours of continuing education may be earned for credit during one biennium by performing pro bono services to the indigent, underserved populations, or in areas of critical need within the State of Florida including but not limited to state mental institutions for the mentally retarded, the Department of Corrections, and health manpower shortage areas established by the United States Department of Health and Human Services. The standard for determining indigency shall be low income (150%) of the federal poverty level or uninsured persons. Such services must be approved in advance by the Board.

1. A licensee shall make application for prior approval of pro bono services by sending a letter to the Board indicating the following requirements will be met:

a. The site for these services is identified including information about the clients, the therapeutic services that will be offered and how they will be performed.

b. The services will be those which fall within the normal scope of practice for the licensee’s profession and for which compensation normally would be received.

c. A therapeutic contract will be established between licensee and client(s) and each party will be aware the services are being provided without charge.

d. The services will be subject to all the legal responsibilities and obligations related to the licensee’s profession.

e. The licensee will keep records and files of these client services pursuant to the laws and rules of Chapter 491, F.S., and rule Chapter 64B4, F.A.C.

f. A representative from the site for pro bono services must provide a letter stating these services are to be performed by the licensee.

g. Upon review, the licensee will receive a letter from the Board indicating prior approval for these pro bono services that will be done for continuing education credit.

2. Following completion of such services:

a. The licensee must provide the Board a letter stating that the services were performed as planned.

b. The representative on the site must provide a letter indicating such completion.

c. The licensee will be sent a letter from the Board stating the pre-approved number of hours has been satisfied for these services.

(3) through (5) No change.

Specific Authority 456.013(6), 456.031(1)(a), 491.004(5), 491.007(2) FS. Law Implemented 456.013(6), (7), 456.031(1)(a), 491.007(2) FS. History–New 4-4-89, Amended 12-4-90, Formerly 21CC-6.001, Amended 1-9-94, Formerly 61F4-6.001, Amended 1-7-96, 12-29-96, Formerly 59P-6.001 Amended 2-9-99, 2-5-01, 2-7-05, 7-16-06, 12-17-06,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
NAME OF SUPERVISOR OR PERSON 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: February 9, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2007