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. 138; July 16, 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.
VIOLATION
PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
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
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
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
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.