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 64B4-5.005 - Minor Violations, Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 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.