FLORIDA BOARD OF PSYCHOLOGY

FLORIDA BOARD OF PSYCHOLOGY
The FLORIDA BOARD OF PSYCHOLOGY is governed by the following rules:
64B19-17.002 Disciplinary Guidelines.
(1) When the Board finds that an applicant or a licensee has committed any of the acts set forth in Section 456.072(1) or 490.009(2), 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. The descriptions of violations are only a summary; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The guidelines are presented as a range of penalties that may be imposed from minimum to maximum.

(2) Based upon consideration of aggravating and mitigating factors present in an individual case, the Board of Psychology may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating circumstances the following:
(a) The danger to the public;
(b) The length of time since the date of violation;
(c) The number of complaints filed against the licensee;
(d) The length of time the licensee has practiced without complaint or violations;
(e) The actual damage, physical or otherwise, to the patient;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee's livelihood;
(h) Any efforts the licensee has made toward rehabilitation;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or stop violations or refusal by the licensee to correct or stop violations;
(k) Related violations found against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
(l) Any other mitigating or aggravating circumstances that are particular to that licensee or to the situation so long as the aggravating or mitigating circumstances are articulated in the Board's final order.
(3) The provisions of this rule shall not be construed to prohibit civil action or criminal prosecution as provided by law. Nor may the provisions of this rule be construed to limit the ability of the Board to enter into binding stipulations as per Section 120.57(4), F.S.
Specific Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009 FS. History–New 11-24-86, Amended 7-18-88, 4-26-93, Formerly 21U-18.003, Amended 6-14-94, Formerly 61F13-18.003, Amended 1-9-96, Formerly 59AA-17.002, Amended 9-18-97, 9-26-01, 3-25-02, 4-3-05, 1-2-06, 12-31-06.

64B19-17.0025 Payment of Fine.
All fines imposed by the Board shall be paid within thirty (30) days from the date of the final order entered by the Board unless the final order extends the deadline in any given case.
Specific Authority 456.072(3), 490.004(4), 490.009(1)(e) FS. Law Implemented 456.072(3), 490.009(1)(e) FS. History–New 8-27-98.
64B19-17.003 Advertising.
The following rules pertain to the requirement in Section 490.012(2), F.S., that licensees must include the words “licensed psychologist” on all professional advertisements:
(1) A professional advertisement is any medium used to solicit clients, such as a listing in the yellow pages of a telephone book or an announcement of the availability of services in the newspaper or on the radio or television.
(2) Business cards and stationery are not professional advertisements.
(3) A listing in the white pages of a telephone book is not a professional advertisement unless the listing is distinguishable from the listings of non-licensees.
(4) A professional advertisement must include the words "licensed psychologist" regardless of whether the licensee paid for the advertisement or not.
(5) A psychologist must include the words "licensed psychologist" on all advertisements in which the psychologist's name appears, even if the name appears as part of a professional association or any other entity providing psychological services.
(6) The Board recognizes that in some instances, a psychologist may not be aware of the fact that a yellow page listing exists for the psychologist. For that reason, the Board will not prosecute the psychologist unless the listing was paid for by the psychologist or by anyone other than the yellow page company. Upon receipt of information that a yellow page listing exists, however, the psychologist must either prevent a future listing from occurring or pay for the insertion of the words “licensed psychologist” in the listing.
Specific Authority 490.004(4) FS. Law Implemented 490.009(2)(d), 490.012(2) FS. History–New 1-16-92, Formerly 21U-18.005, Amended 6-14-94, Formerly 61F13-18.005, 59AA-17.003, Amended 9-18-97.
64B19-17.0035 Minor Misconduct; Notices of Noncompliance.
The Board designates the following offenses as minor misconduct for which the Department shall issue notices of noncompliance before disciplinary action is taken:
(1) Sections 490.009(1)(d) and 490.012(2)(b), F.S., (for failing to include “licensed psychologist” in any advertisement).
(2) Section 490.009(1)(o), F.S., (for failing to respond within 30 days to a written communication from the department concerning any investigation by the department or to make available any relevant records with respect to any investigation about the licensee's conduct or background).
(3) Section 456.035(1), F.S., (for failing to notify the Board of the licensee's current mailing address and place of practice after 45 days but within 60 days).
Specific Authority 456.073(3) FS. Law Implemented 456.073(3) FS. History–New 1-9-96, Formerly 59AA-17.0035, Amended 9-18-97, 10-5-04.
64B19-17.007 Mediation.
The following offenses may be mediated if the offense meets the criteria of Section 456.078, F.S.:
(1) Violation of Sections 490.009(1)(d) and 456.072(1)(a), F.S. (for misleading advertisement).
(2) Violation of Sections 490.009(1)(h) and 456.072(1)(k), F.S. (for failing to explain to patient, or patient's legal representative, the nature of evaluation and the confidentiality provisions in the practice setting; e.g., compulsory psychological examinations in forensic settings).
(3) Violation of Sections 490.009(1)(l) and 456.072(1)(m), F.S. (for misrepresenting credentials).
(4) Violation of Section 490.009(1)(n), F.S. (for failing to provide copies, which have been paid for, of a report of examination or treatment upon written request from the service user).
(5) Violation of Section 490.009(1)(r), F.S. (for the following allegations arising from a psychological evaluation):
(a) Failing to write a report consistent with referral questions.
(b) Failing to use appropriate diagnosis and procedure codes.
(c) Failing to perform a clinical examination, if indicated, independent of the testing process.
(d) Failing to terminate inpatient treatment upon request of patient or patient's legal representative.
(6) Violation of Section 490.009(1)(u), F.S. (for failing to maintain in confidence a communication made by patient or client).
(7) Violation of Section 490.009(1)(v), F.S. (for making public statements that identify or damage research subjects or clients).
Specific Authority 456.078, 490.004(4), (5) FS. Law Implemented 456.078, 490.009(2)(h), (v), (w) FS. History–New 3-20-95, Formerly 59AA-18.009, 59AA-17.007, Amended 10-15-02, 12-27-04.