64B21-504.001: Disciplinary Guidelines
PURPOSE AND EFFECT: To update the rule text.
SUMMARY: Provides levels of discipline for a licensee who has been terminated from a treatment program for impaired practitioners without good cause.
SUMMARY 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: 456.079 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, Program Operations Administrator, Office of School Psychology/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255.
THE FULL TEXT OF THE PROPOSED RULE IS:
64B21-504.001 Disciplinary Guidelines.
(1) When the Department finds that an applicant or 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. 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 per count or offense.
(a) through (z) No change.
(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 to revocation. After a second offense, from suspension and a fine of up to $7,500 to revocation.
(2) through (3) No change.
SPECIFIC AUTHORITY 456.079 FS. LAW IMPLEMENTED 456.072, 456.079, 490.009 FS. History–New