Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64B4 - Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling
Chapter 64B4-5 - DISCIPLINE
Section 64B4-5.0015 - Out-of-State Telehealth Discipline
Current through Reg. 50, No. 187; September 24, 2024
(1) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon out-of-state telehealth providers registered pursuant to Section 456.47(4), F.S., 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.
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VIOLATION |
PENALTY RANGE |
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FIRST VIOLATION |
SECOND AND SUBSEQUENT VIOLATIONS |
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1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license. (Section 456.47(4)(i), F.S.); |
Letter of Concern to suspension and a corrective action plan |
Suspension and a corrective action plan to revocation |
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2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction. (Section 456.47(4)(i), F.S.) |
Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction |
Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction to revocation |
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3. Violates any of the requirements of Section 456.47, F.S. (Section 456.47(4)(i), F.S.) |
Letter of Concern to suspension and a corrective action plan |
Suspension and a corrective action plan to revocation |
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4. Commits any act that constitutes grounds for disciplinary action under Section 456.072(1) or 491.009(1), F.S. |
As stated in subsection 64B4-5.001(1), F.A.C. |
As stated in subsection 64B4-5.001(1), F.A.C. |
(2) The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, letter of concern, reprimand, suspension, and revocation.
(3) A suspension may be for a definite term or may be accompanied by a corrective action plan, as stated in subsection 64B5-5.001(1), F.A.C.
(4) A suspension for a definite term may be terminated early only upon approval of the Board. A suspension accompanied by a corrective action plan may be lifted upon successful compliance with the corrective action or otherwise determined by the Board.
(5) A "corrective action plan" must accompany a suspension and includes rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all provisions to the Board. A corrective action plan may follow a suspension for a definite term and require continued suspension until successful compliance with the corrective action plan. Nothing in this paragraph shall be interpreted as restricting the Board's ability to impose a suspension for a definite term absent or accompanied by a corrective action plan.
Rulemaking Authority 456.47(4), 456.47(7) FS. Law Implemented 456.47(4) FS.
New 3-11-21.
