64B19-17.002: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify the disciplinary guidelines for licensed psychologists and psychology licensure applicants; to reflect the inclusion of new and existing ground for discipline referenced in Section 456.072, F.S., and to make technical updates to existing violations to include references to the applicable underlying statute in Chapter 456, F.S.
SUMMARY: The rule amendment will modify the disciplinary guidelines for licensed psychologists and psychology licensure applicants; to reflect the inclusion of new and existing ground for discipline referenced in Section 456.072, F.S., and to make technical updates to existing violations to include references to the applicable underlying statute in Chapter 456, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Allen Hall, Executive Director, at the address listed below. The following is a summary of the SERC:
• The proposed changes would affect any licensed psychologist or applicant who is found to be in violation of any of the newly added or modified sections set forth in the disciplinary guidelines.
• The only costs incurred by the Division of Medical Quality Assurance are rule-making costs as well as costs associated with enforcing the proposed changes.
• The proposed changes, particularly (1)(ff) and (1)(ii), will have a significant impact on small businesses.
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: 456.079, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Psychology/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255
THE FULL TEXT OF THE PROPOSED RULE IS:
64B19-17.002 Disciplinary Guidelines.
(1) When the Board finds that an applicant or a licensee has committed any of the acts set forth in Section 456.072(1) or 490.009(2), 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. The descriptions of violations are only a summary; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The guidelines are presented as a range of penalties that may be imposed from minimum to maximum.
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PENALTY RANGE | ||||
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VIOLATION |
FIRST OFFENSE |
SECOND OFFENSE |
THIRD OFFENSE |
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(a) Attempting to obtain, or renewing a license by bribery or fraudulent misrepresentation (Sections 490.009(1)(a) and 456.072(1)(h), F.S.) |
Revocation or permanent denial of licensure and $10,000 fine. If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. |
Revocation or permanent denial of licensure, and $10,000 fine. If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. |
Revocation or permanent denial of licensure, and $10,000 fine. If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. |
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(b) License disciplined by another jurisdiction (Sections 490.009(1)(b) and 456.072(1)(f), F.S.) |
Imposition of discipline that would have been imposed had the violation occurred in Florida and fine of up to $10,000. |
Imposition of discipline that would have been imposed had the violation occurred in Florida and fine of up to $10,000. |
Revocation and a $10,000 fine. |
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Case of Applicant |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
Permanent denial of license |
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(c) Criminal conviction relating to psychology (Sections 490.009(1)(c) and 456.072(1)(c), F.S.) |
From Suspension and a fine up to $10,000 to Revocation. |
From Suspension and a $10,000 fine to Revocation. |
Revocation. |
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Case of Applicant |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
Permanent denial of license. |
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(d) False, deceptive or misleading advertising (Sections 490.009(1)(d) and 456.072(1)(m), F.S.) |
From Reprimand and Probation to Suspension, and a $10,000 fine. If unintentional, from Reprimand and a $1,000 fine to Probation and a fine up to $5,000. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. If unintentional, from Reprimand, Probation and a $5,000 fine to Suspension and a fine up to $10,000. |
Revocation and a $10,000 fine. If unintentional, from Suspension to Revocation, and a $10,000 fine. |
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(e) Advertising, practicing, or attempting to practice under another name (Section 490.009(1)(e), F.S.) |
From Reprimand and Probation to Suspension, and a $10,000 fine. If unintentional, from Reprimand and a $1,000 fine to Probation and a fine up to $10,000. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. If unintentional, from Reprimand, Probation, and a $1,000 fine to Suspension and a fine up to $10,000. |
Revocation and a $10,000 fine. If unintentional, from Reprimand, Suspension, and a $10,000 fine to Revocation. |
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(f) Maintaining a wrongful professional association (Section 490.009(1)(f), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Probation, and a $5,000 fine to Revocation and a fine up to $10,000. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. |
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(g) Knowingly aiding, assisting, procuring, or advising a non-licensed person (Sections 490.009(1)(g) and 456.072(1)(j), F.S.) |
From Reprimand, Probation, and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(h) Failing to perform any statutory or legal obligation (Sections 490.009(1)(h) and 456.072(1)(k), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(i) Willingly making or filing a false report, etc. (Sections 409.009(1)(i) and 456.072(1)(l), F.S.) |
From Reprimand to Revocation, and a $10,000 fine. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. |
Revocation and a $10,000 fine. |
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(j) Paying or receiving a kickback, etc. (Section 490.009(1)(j), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(k) Sexual misconduct or battery on a patient (Sections 490.009(1)(k), and 456.072(1)(v), F.S.) |
From Suspension followed by Probation to Revocation, and a fine from $5,000 up to $10,000. |
Revocation and a fine from $5,000 up to $10,000. |
Revocation and a $10,000 fine. |
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Case of Applicant |
Permanent denial of licensure. |
Permanent denial of licensure. |
Permanent denial of licensure. |
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(l) Making misleading, deceptive, untrue, or fraudulent representations, etc. (Sections 409.009(1)(l) and 456.072(1)(m), F.S.) |
Reprimand, Probation and a $10,000 fine. If unintentional, Reprimand and a fine from $1,000 up to $10,000. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. If unintentional, Reprimand and Probation, and a fine from $1,000 up to $10,000. |
Revocation and a $10,000 fine. If unintentional, Reprimand and Suspension, and a fine from $5,000 up to $10,000. |
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(m) Soliciting through fraud, intimidation, undue influence, etc. (Section 490.009(1)(m), F.S.) |
From Reprimand to Revocation, and a $10,000 fine. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. |
Revocation and a $10,000 fine. |
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(n) Failing to provide records, etc. (Section 490.009(1)(n), F.S.) |
From Reprimand to Suspension, and a fine from $1,000 up to $10,000. |
From Reprimand to Suspension, and a fine from $5,000 up to $10,000. |
From Reprimand and Suspension to Revocation, and a $10,000 fine. |
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(o) Failing to respond to Department within 30 days, etc. (Section 490.009(1)(o), F.S.) |
Suspension until compliance and a fine from $1,000 up to $10,000. |
Suspension until compliance and a fine from $5,000 up to $10,000. |
From Suspension until compliance to Revocation, and a $10,000 fine. |
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(p) Incompetence (mental or physical impairment), etc. (Section 490.009(1)(p), F.S., and 456.072(1)(z)) |
From Suspension, followed by Probation, mental and physical evaluations to Revocation and a fine from $1,000 up to $10,000. |
From Suspension, followed by Probation, mental and physical evaluations to Revocation and a fine from $1,000 up to $10,000. |
Revocation. |
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(q) Violating provisions of Chapter 490 or 456, F.S., or any rules pursuant thereto, (Sections 490.009(1)(w), |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(r) Experimentation without informed consent (Section 490.009(1)(q), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(s) Negligence (Section 490.009(1)(r), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(t) Delegating professional responsibilities (Sections 490.009(1)(s) and 456.072(1)(p), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(u) Violating any lawful order (Sections 490.009(1)(t) and 456.072(1)(q), F.S.) |
Suspension until compliance and a fine from $1,000 up to $10,000. |
Suspension until compliance and a fine from $1,000 up to $10,000. |
Revocation. |
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(v) Failing to maintain confidence (Section 490.009(1)(u), F.S.) |
Reprimand and a fine from $1,000 up to $5,000. |
From Reprimand to Revocation, and a fine from $5,000 up to $10,000. |
Revocation and $10,000 fine. |
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(w) Identifying or damaging research clients (Section 490.009(1)(v), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(x) Failure to comply with continuing education for domestic violence (Section 456.072(1)(s), F.S) |
$250 fine and Suspension until compliance. |
Reprimand, $500 fine and Suspension until compliance. |
Reprimand, $1,000 fine and Suspension until compliance. |
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(y) Exercising influence on the patient or client for financial gain (Section 456.072(1)(n), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(z) Improperly interfering with an investigation (Section 456.072(1)(r), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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Case of Applicant |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. |
Permanent denial of license. |
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(aa) Performing or attempting to perform wrong health care services (Section 456.072(1)(bb), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(bb) Termination from impaired practitioner treatment program (Section 456.072(1)(hh), F.S.) |
From Suspension and a fine up to $10,000 to Revocation. |
From Suspension and a fine up to $10,000 to Revocation. |
Revocation. |
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(cc) Failure to identify through written notice, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds. (Section 456.072(1)(e), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(dd) Failure to report another licensee in violation. (Section 456.072(1)(i), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(ee) Practicing beyond scope permitted. (Section 456.072(1)(o), F.S.) |
From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. |
From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. |
Revocation and a $10,000 fine. |
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(ff) Failing to report to the Board within thirty (30) days after the licensee has been convicted of a crime in any jurisdiction. (Section 456.072(1)(x), F.S. |
From a Reprimand and an administrative fine up to $1,000.00. |
From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00. |
From Suspension to Revocation of license, and an administrative fine up to $10,000.00. |
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(gg) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (456.072(1)(ii), F.S.) |
Revocation and a fine of $10,000, or in the case of application for licensure, denial of license. |
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(hh) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (456.072(1)(jj), F.S.) |
From a Reprimand to Probation of the license, and an administrative fine up to $1,000.00. |
From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00. |
From Suspension to Revocation of license, and an administrative fine up to $10,000.00 |
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(ii) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (456.072(1)(kk), F.S.) |
From a Reprimand of the license and an administrative fine up to $1,000.00 to Revocation and a fine up to $10,000. |
From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00 up to Revocation and a fine up to $10,000. |
From Suspension to Revocation of license, and an administrative fine of $1,000.00 to $5,000.00 up to Revocation and a fine up to $10,000. |
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(jj) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (456.072(1)(ll), F.S.) |
Revocation and a fine of $10,000, or in the case of application for licensure, denial of license. |
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(2) through (3) No change.
Rulemaking Specific Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009 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,________.