Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64B21 - School Psychology
Chapter 64B21-504 - DISCIPLINARY GUIDELINES
Section 64B21-504.001 - Disciplinary Guidelines
Universal Citation: FL Admin Code R 64B21-504.001
Current through Reg. 50, No. 187; September 24, 2024
(1) When the Department finds that a licensee has committed any of the acts set forth in Section 490.009(1) or 456.072(1), 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. For applicants, all listed violations are sufficient for refusal to certify an application for licensure. In addition to any other discipline imposed, the Department, pursuant to Section 456.072(4), F.S., shall assess the costs related to the investigation and prosecution of a case. If the violation is for fraud or making false or fraudulent representation, the Department shall impose a fine of $10, 000.00 per count or offense.
(a) Section
490.009(1)(a)
or 456.072(1)(h),
F.S.:
1. Attempting to obtain, obtaining, or
renewing a license under Chapter 490, F.S., by bribery - a fine of $1, 000.00
up to $5, 000.00 and probation up to revocation. For a second offense, a fine
of $5, 000.00 up to $10, 000.00 and suspension followed by probation up to
revocation. After a second offense, a fine of $10, 000.00 and
revocation.
2. Attempting to
obtain, obtaining, or renewing a license under Chapter 490, F.S., by fraudulent
misrepresentation - a fine of $10, 000.00 and from probation up to revocation.
For a second offense, a fine of $10, 000.00 and revocation.
3. Attempting to obtain, obtaining, or
renewing a license under Chapter 490, F.S., through an error of the Department
- a fine of $1, 000.00 up to $5, 000.00 and a reprimand up to probation. For a
second offense, a fine of $5, 000.00 up to $10, 000.00 and suspension followed
by probation up to revocation. After a second offense, a fine of $10, 000.00
and revocation.
(b)
Section 490.009(1)(b)
or 456.072(1)(f),
F.S.: having a license to practice a comparable profession acted against,
including the denial of certification or licensure by another state, territory,
or country - the penalty against a licensee shall be a penalty concurrent with
that of the other jurisdiction and an administrative fine up to $10, 000.00.
After the first offense, action shall be consistent with the disciplinary
guidelines for a repeat offense had the violation occurred in Florida. In the
case of an applicant, the penalty shall range from probation to permanent
denial of licensure and an administrative fine up to $10, 000.00. If the
violation included sexual misconduct, the penalty shall be permanent denial of
licensure.
(c) Section
490.009(1)(c)
or 456.072(1)(c),
F.S.: entering a plea of nolo contendere to, regardless of adjudication, or
guilt of a crime in any jurisdiction which relates to the practice or the
ability to practice - for a misdemeanor, a fine of $1, 500.00 up to $5, 000.00
and probation up to suspension. For a felony, a fine of $7, 500.00 up to $10,
000.00 and probation up to revocation. After the first offense, for either a
misdemeanor or a felony, the penalty shall be suspension of license until such
time as the licensee can, to the Department's satisfaction, demonstrate
rehabilitation, and a fine up to $10, 000.00. In the case of an applicant, the
penalty shall be from probation to permanent denial of licensure and a fine up
to $10, 000.00.
(d) Section
490.009(1)(d),
F.S.: false, deceptive, or misleading advertising, or obtaining a fee or other
thing of value upon the licensee's representation that beneficial results from
any treatment will be guaranteed - a fine of $1, 000.00 up to $5, 000.00 and a
reprimand. For a second offense, a fine of $2, 500.00 up to $10, 000.00 and
probation. After the second offense, a fine of $10, 000.00 and suspension up to
revocation.
(e) Section
490.009(1)(e),
F.S.: advertising, practicing, or attempting to practice under a name other
than one's own - a fine of $1, 000.00 up to $5, 000.00 and a reprimand. For a
second offense, a fine of $2, 500.00 up to $10, 000.00 and probation. After the
second offense, a fine of $10, 000.00 and suspension up to
revocation.
(f) Section
490.009(1)(f),
F.S.: maintaining a professional association with any person who the licensee
knows, or has reason to believe, is in violation of chapter 490, F.S., or of a
rule of the Department - a fine of $1, 000.00 up to $5, 000.00 and a reprimand.
For a second offense, a fine of $2, 500.00 up to $10, 000.00 and probation.
After the second offense, a fine of $10, 000.00 and suspension up to
revocation.
(g) Section
490.009(1)(g)
or 456.072(1)(j),
F.S.: knowingly aiding, assisting, procuring, or advising a non-licensed person
to practice school psychology or hold himself or herself out as a school
psychologist - for a first offense a fine of $5, 000.00 up to $10, 000.00 and
probation up to suspension followed by probation. After the first offense a
fine of $7, 500.00 up to $10, 000.00 and revocation.
(h) Section
490.009(1)(h)
or 456.072(1)(k),
F.S.: failing to perform any statutory or legal obligation placed upon the
licensee under chapter 490 or 456, F.S., or any rules promulgated pursuant to
those chapters - a fine up to $2, 500.00 and a letter of concern up to
probation. For a second offense, a fine up to $7, 500.00 and suspension
followed by probation. After the second offense, a fine up to $10, 000.00 and
revocation.
(i) Section
490.009(1)(i)
or 456.072(1)(l),
F.S.: willfully or negligently filing of a false report or record, or failing
to file a report or record required by law - a fine of $2, 500.00 up to $5,
000.00 and a reprimand up to probation. After the first offense, a fine of $5,
000.00 up to $10, 000.00 and suspension followed by probation up to
revocation.
(j) Section
490.009(1)(j),
F.S.: kickback, rebate, bonus, or other remuneration for receiving or referring
a patient or client - a fine of $1, 000.00 up to $5, 000.00 and a reprimand.
For a second offense, a fine of $2, 500.00 up to $7, 500.00 and probation up to
suspension followed by probation. After the second offense, a fine of $5,
000.00 up to $10, 000.00 and suspension followed by probation up to
revocation.
(k) Section
490.009(1)(k)
or 456.072(1)(v),
F.S.: committing any act upon a patient or client which would constitute sexual
battery or which would constitute sexual misconduct as provided in Section
490.0111 or
456.063, F.S. - a fine of $7,
000.00, a PRN evaluation and probation up to suspension followed by probation
with a PRN evaluation. After the first offense, a fine of $7, 000.00 up to $10,
000.00 and PRN evaluation and suspension followed by probation, or in the
alternative, revocation. "Sexual misconduct" means, to the extent applicable,
the sexual misconduct defined by Florida Administrative Code Rule
64B19-16.003 (amended
05-14-2001), which is incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14975.
(l) Section
490.009(1)(l)
or 456.072(1)(a),
F.S.: making misleading, deceptive, untrue, or fraudulent representations in
the practice of school psychology - a fine of $2, 500.00 up to $5, 000.00 per
count or offense and a reprimand up to probation. After the first offense, a
fine of $5, 000.00 up to $10, 000.00 per count or offense and suspension
followed by probation up to revocation. If it is determined that the violation
included fraudulent conduct, then the fine shall be $10, 000.00 per count
regardless of whether it is a first or subsequent offense.
(m) Section
490.009(1)(m),
F.S.: soliciting patients or clients personally or through an agent, through
the use of fraud, intimidation, undue influence, or any form of overreaching or
vexatious conduct - a fine of $1, 000.00 up to $10, 000.00 and probation up to
suspension followed by probation. For a second offense, a fine of $5, 000.00 up
to $10, 000.00 and suspension followed by probation, or in the alternative,
revocation. If it is determined that the violation included fraudulent conduct,
then the fine shall be $10, 000.00 per count regardless of whether it is a
first or subsequent offense.
(n)
Section 490.009(1)(n),
F.S.: failing to provide upon written request, copies of test results, reports
or documents - a fine of $1, 000.00 up to $5, 000.00 and a letter of concern up
to a reprimand. For a second offense, a fine of $2, 500.00 up to $5, 000.00 and
a reprimand up to probation. After the second offense, a fine up to $10, 000.00
and suspension followed by probation, or in the alternative,
revocation.
(o) Section
490.009(1)(o),
F.S.: failing to respond within thirty days or to make available any relevant
records to the Department concerning any investigation by the Department with
respect to the investigation - a fine of $1, 000.00 up to $5, 000.00 and a
letter of concern up to a reprimand. For a second offense, a fine of $3, 000.00
up to $10, 000.00 and suspension followed by probation or suspension until such
time as the licensee demonstrates, to the Department's satisfaction, that an
appropriate response has been made by the licensee, or revocation.
(p) Section
490.009(1)(p)
or 456.072(1)(y),
F.S.: unable to practice with reasonable skill or competence - the penalty
shall be suspension until such time as the licensee demonstrates rehabilitation
satisfactory to the Department, then probation and mental or physical
evaluations by Department approved professionals.
(q) Section
490.009(1)(q),
F.S.: performing any treatment or therapy which constitutes experimentation on
human subjects without written consent - a fine of $1, 000.00 up to $5, 000.00
and a reprimand up to probation. After the first offense, the penalty shall be
a fine of $5, 000.00 up to $10, 000.00 and suspension followed by probation, or
in the alternative, revocation.
(r)
Section 490.009(1)(r),
F.S.: failing to meet the minimum standards of performance - a fine of $1,
000.00 up to $5, 000.00 and a reprimand. For a second offense, a fine of $2,
500.00 up to $7, 500.00 and probation up to suspension followed by probation.
For a third offense, a fine of $5, 000.00 up to $10, 000.00 and suspension
followed by probation, or in the alternative, revocation.
(s) Section
490.009(1)(s)
or 456.072(1)(p),
F.S.: delegating professional responsibilities to an unqualified person - a
fine of $1, 000.00 up to $5, 000.00 and a reprimand up to probation. After the
first offense, a fine of $5, 000.00 up to $10, 000.00 and suspension followed
by probation, or in the alternative, revocation.
(t) Section
490.009(1)(t)
or 456.072(1)(q),
F.S.: violating any lawfully issued order or subpoena - a fine of $1, 000.00 up
to $5, 000.00 and a letter of concern up to a reprimand or probation. For a
second offense, a fine of $2, 500.00 up to $7, 500.00 and probation up to
suspension followed by probation. After the second offense, a fine of $7,
500.00 up to $10, 000.00 and suspension followed by probation up to
revocation.
(u) Section
490.009(1)(u),
F.S.: failing to maintain confidence of client communication - a fine of $1,
000.00 up to $5, 000.00 and a reprimand. For a second offense, a fine of $2,
500.00 up to $10, 000.00 and probation up to suspension followed by probation.
After the second offense, the penalty shall be revocation.
(v) Section
490.009(1)(v),
F.S.: making public statements which are derived from test data, client
contacts, or behavioral research and which identify or damage research subjects
or clients - a fine of $1, 000.00 up to $5, 000.00 and a reprimand up to
probation. For the second offense, a fine of $2, 500.00 up to $7, 500.00 and
probation up to suspension followed by probation. After the second offense, a
fine of $5, 000.00 up to $10, 000.00 and suspension followed by probation, or
in the alternative, revocation.
(w)
Section 490.009(1)(w)
or 456.072(1)(cc),
F.S.: violating any provision of this chapter or Chapter 456, F.S., or any
rules adopted thereto - a fine of $1, 000.00 up to $5, 000.00 and a letter of
concern up to a reprimand. For a second offense, a fine of $5, 000.00 up to
$10, 000.00 and probation. After the second offense, a fine of $7, 500.00 up to
$10, 000.00 and suspension followed by probation or revocation. If the
violation is for engaging or attempting to engage in sexual misconduct, then
the penalty shall be a $10, 000.00 fine and revocation.
(x) Section
456.072(1)(s),
F.S.: failing to comply with the continuing education requirement for domestic
violence - a fine of $250.00 up to $2, 500.00 and a letter of concern up to
probation until compliance. After the first offense, a fine of $1, 000.00 up to
$10, 000.00 and probation until compliance up to suspension until
compliance.
(y) Section
456.072(1)(n),
F.S.: exercising influence on the patient or client for the purpose of
financial gain of the licensee or a third party - a fine of $1, 000.00 up to
$5, 000.00 and a reprimand up to probation. For a second offense, a fine of $2,
500.00 up to $7, 500.00 and probation up to suspension followed by probation.
After the second offense, a fine of $5, 000.00 up to $10, 000.00 and suspension
followed by probation, or in the alternative, revocation.
(z) Section
456.072(1)(r),
F.S.: improperly interfering with an investigation or inspection authorized by
statute, or with any disciplinary proceeding - a fine of $1, 000.00 up to $5,
000.00 and a letter of concern up to a reprimand. After the first offense, a
fine of $3, 000.00 up to $10, 000.00 and suspension followed by probation, or
in the alternative, revocation.
(aa) Section
456.072(1)(gg),
F.S.: being terminated from a treatment program for impaired practitioners,
which is overseen by an impaired practitioner consultant as described in
Section 456.076, F.S., for failure to
comply without good cause, with the terms of the monitoring or treatment
contract entered into by the licensee, or for not successfully completing any
drug or alcohol treatment program - from suspension and a fine of up to $1, 000
to revocation. For a second offense, from suspension and a fine of up to $5,
000.00 to revocation. After a second offense, from suspension and a fine of up
to $7, 500.00 to revocation.
(bb)
Section 456.072(1)(hh),
F.S.: being terminated from a treatment program for impaired practitioners
without good cause - a fine of $500.00 up to $5, 000.00 and a reprimand. After
the first offense, a fine of $1, 000 and suspension up to revocation.
(cc) Section
456.072(1)(ii),
F.S.: being convicted of or entering a plea to any misdemeanor or felony under
18 U.S.C. s.
669, ss.
285-287, s.
371, s.
1001, s.
1035, s.
1341, s.
1343, s.
1347, s.
1349, or s.
1518, or
42 U.S.C. ss.
1320a-7b, relating to Medicaid - for a
misdemeanor, a fine of $1, 000.00 to $5, 000.00 and probation up to suspension
followed by two years of probation. For a felony, a fine of $3, 000.00 up to
$10, 000.00 and suspension up to revocation. After the first offense, a fine of
$10, 000 and revocation.
(dd)
Section 456.072(1)(jj),
F.S.: failing to remit the sum owed for an overpayment from the Medicaid
program or pursuant to a final order, judgment, stipulation, or settlement - a
fine of $500.00 to $2, 500.00 and from a reprimand to two years of probation.
After the first offense, a fine of $1, 500.00 to $10, 000.00 and probation to
revocation.
(ee) Section
456.072(1)(kk),
F.S.: termination from a state Medicaid program or from the federal Medicare
program unless participation eligibility restored - a fine of $500.00 to $7,
500.00 and probation to revocation. After the first offense, a fine of $2,
500.00 to $10, 000.00 and probation to revocation.
(ff) Section
456.072(1)(ll),
F.S.: being convicted of or entering a plea to any misdemeanor or felony
relating to health care fraud - for a misdemeanor, a fine of $10, 000.00 and
probation to revocation. For a felony, a fine of $10, 000.00 and from
suspension to revocation. For a second offense, a fine of $10, 000 and
revocation.
(gg) Section
456.072(1)(oo),
F.S.: willfully failing to comply with Section
627.64194 or
642.513, F.S., with such
frequency as to indicate a general business practice - a fine of $1, 000.00 up
to $5, 000.00 and a letter of concern up to a reprimand. For a second offense,
a fine of $5, 000.00 up to $10, 000.00 and probation. After the second offense,
from suspension and a fine of $7, 500.00 up to $10, 000.00 to
revocation.
(hh) Section
456.072(1)(rr),
F.S.: failing to comply with the parental consent requirements of Section
1014.06, F.S. - a fine of $1,
000 up to $5, 000 and a reprimand up to one (1) year probation. For a second
offense, a fine of $5, 000 and one (1) year probation up to
revocation.
(ii) Section
456.072(1)(ss),
F.S.: being convicted or found guilty or entering a plea of guilty or nolo
contendere, regardless of adjudication, or committing or attempting,
soliciting, or conspiring to commit an act that would constitute a violation of
any of the offenses listed in Section
456.074(5),
F.S., or a similar offense in another jurisdiction - revocation up to $10, 000
fine and revocation. For a second offense, revocation and a $10, 000
fine.
(2) Based upon consideration of aggravating and mitigating factors present in an individual case, the Department may deviate from the penalties recommended above. The Department shall consider as aggravating or mitigating circumstances the following:
(a) The danger to the
public;
(b) The length of time
since the date of violation;
(c)
The number of complaints filed against the licensee;
(d) The length of time the licensee has
practiced without complaint or violations;
(e) The actual damage, physical or otherwise,
to the patient;
(f) The deterrent
effect of the penalty imposed;
(g)
The effect of the penalty upon the licensee's livelihood;
(h) Any efforts the licensee has made toward
rehabilitation;
(i) The actual
knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or
stop violations, or refusal by the licensee to correct or stop
violations;
(k) Related violations
found against the licensee in another state including findings of guilt or
innocence, penalties imposed and penalties served; and,
(l) Any other mitigating or aggravating
circumstances that are particular to that licensee or to the situation so long
as the aggravating or mitigating circumstances are articulated in the
Department's final order.
(3) The provisions of this rule shall not be construed to prohibit civil action or criminal prosecution as provided by law, nor may the provisions of this rule be construed to limit the ability of the Department to enter into binding stipulations as per Section 120.57(4), F.S.
Rulemaking Authority 456.079, 490.015 FS. Law Implemented 456.072, 456.079, 490.009, 1014.06 FS.
New 9-11-03, Amended 7-5-06, 10-28-10, 3-14-17, 12-29-22.
Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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