Current through Reg. 50, No. 187; September 24, 2024
(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.
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.
