Chapter 490 - Psychological Services Act, Chapter 64B19 - Board of Psychology F.A.C. & Chapter 456 Health Professions General Provisions
Practice of Hypnosis and Qualifications
"Basic Hypnosis" is the use of hypnotic approaches for the purpose of - stress management - self-hypnosis - guided imagery - relaxation Licensed Psychologists must have 10 clock HOURS of education in BASIC hypnosis, as defined in criteria for continuing education credit (64B19-13.003).
Failing to Display License
$100 Fine with Citation
Failing to Identify Type of License (Oral or Written)
$100 Fine with Citation
Failing to report to Board in Writing within (30) days after CONVICTED or FOUND GUILTY or entered plea nolo contendere of a crime in ANY jurisdiction. (Ultimately reported past 30 days but within 91 days.)
$100 Fine with Citation
Issuing Worthless Bank Check to Board or Dept.
$100 Fine with Citation
Practicing on an Inactive License (3-6 months)
$1000 Fine with Citation
Duplicate License Fee
$25
Biennial Limited License Renewal Fee
$25 (unless receives statement from employer stating will not receive monetary compensation for any psychology services - then no fee.)
Fee for Provisional Licensure
$250
Initial Fee for Licensure
$250
Failing to Provide Current Mailing Address and Place of Practice (60 Days - 90 Days)
$250 Fine with Citation *May receive Notice first after 45 Days Late but within 60 Days.
Fee to Enforce Unlicensed Activity
$5 for INITIAL and RENEWAL of licensee in addition to standard initial fee and renewal fees for licensure. (Fund Dept. of Health to combat unlicensed activity.)
Retired Status Fee
$50 (If choose at any time other than time of license renewal, then must pay both retired status fee and change of status fee.)
Failing to Provide Continuing Education Documentation
$50 Per Credit hour if missing some documents $3000 and REPRIMAND if NO documentation is provided. With Citation
Reactivation Fee and Change of Status Fee
$50 to reactivate inactive or retired status. $50 for change of status fee in addition to biennial renewal fee.
Practicing on Inactive or Delinquent License (Less than 3 months)
$500 Fine with Citation
Failing to Respond within (30) Days to Written Communication for the Dept. Concerning Any Investigation or to Produce Records Requested.
$500 Fine with Citation *May use Notice of Noncompliance rather than Citation
Ethical practice of psychology
- Includes psychological testing, - evaluation or assessment of intell, personality, abilities, interests, aptitudes and neuropsych (mental competency), - counseling, psychoanalysis, psychotherapy, - sex therapy, - hypnosis, - biofeedback, - behavioral analysis and therapy; - psychoeducational eval...
"Practice of Psychology"
- Observations, - Description, - Evaluation, - Interpretation and - Modification of HUMAN BEHAVIOR, by use of SCIENTIFIC and APPLIED Principles, Methods and Procedures for PURPOSE of Describing, Preventing, Alleviating, or Eliminating Symptomatic, Maladaptive or Undesired Behavior and of Enhancing Interpersonal Behavioral health AND Mental or Psychological health.
Provisional Licensure Requirements
1) "Application for Provisional Psychology Licensure" w/Fee not over $250 (actual: $250). 2) PROOF acceptable doctoral DEGREE. 3) Submit LETTER signed by licensed psychologist in good standing (NOT under investigation in any state) who AGREES to SUPERVISE the provisional licensee according to law. 4) State on application that the applicant is NOT under INVESTIGATION in this or any state for offense constituting a VIOLATION in Florida. 5) Provisional licensee shall insure that the supervisor NOTIFIES Board IMMEDIATELY and in writing of the TERMINATION of supervision. 6) If supervision is terminated than provisional licensee must CEASE practice until a new supervisor is approved by Board. 7) EXPIRES (24) months after date issued. (May NOT be Renewed.)
Continuing Education Terms
1) "One hour" equals no less than 50 uninterrupted minutes of ed. 2) "Significant change" would be: - title - content - name or qualifications of instructor - number credits - time length. 3) "Substantiation" includes: - CERTIFICATE from the APA verifying attendance at APA sponsored program - LETTER from INSTRUCTOR verifying graduate level completion of COURSE from accredited program - PROVIDER Number AND CERTIFICATION of completion verifying attendance at program from BOARD Approved PROVIDER - RECEIPT of registration at conference or convention - Certificate of DIPLOMATE status - Program BULLETIN listing licensee as Presenter or Moderator - LETTER from Exec Dir of Board confirming FULL attendance at meeting of the Board - LETTER or CERTIFICATE of completion from Internship Director. 4) "Programs" = workshops, presentations, seminars, colloquia, and symposia. 5)"Promotional materials" = written documents to attract audience.
Psychologist Education Requirements
1) "doctoral-level psychological education" (Psy.D., Ed.D., Ph.D.) 2) Both the educational INSTITUTION and psychology PROGRAM (at time of enrollment) ACCREDITED from agency (approv. and recog.) US Dept. of Ed. or as a member in good standing with the Assoc. of Universities and Colleges of Canada
Citation for Violation of Regulations the Profession or Order Entered in Disciplinary Hearing (Such as Failing to Pay Administrative Fine within 30 Days after Delinquency Notice)
1) 10% of the fine and/or cost of imposed fine and cost. 2) Failure to pay citation results in ADMINISTRATIVE COMPLAINT.
Mediation Process
1) After the department determines a COMPLAINT is Legally Sufficient and the alleged violations are defined as Mediation Offenses, the department or any agent of the department MAY conduct INFORMAL Mediation to RESOLVE the complaint. 2) If the complainant and the subject of the complaint AGREE to a resolution of a complaint within (14) days AFTER Contact by the Mediator, the Mediator shall NOTIFY the department of the TERMS of the RESOLUTION. 3) The department or BOARD shall take NO Further ACTION: UNLESS the complainant and the subject each FAIL to RECORD with the department an Acknowledgment of SATISFACTION of the TERMS of mediation WITHIN (60) days of the Mediator's NOTICE to the department. 4) A SUCCESSFUL Mediation shall NOT constitute DISCIPLINE. 5) In the event the complainant and subject FAIL to reach settlement terms or to record the required acknowledgment, the department shall PROCESS the COMPLAINT with standard procedures.
Releasing Psychological Records
1) Agrees to provide copies of psychological records to client or authorized person shall be allowed reasonable timeframe, NOT to EXCEED (30) DAYS at reasonable COSTS to REPRODUCE records. 2) OPTS to issue a REPORT rather than provide copies is allowed up to (30) DAYS and reasonable FEE to PREPARE the REPORT. May CONDITION the release of records or report upon PAYMENT of a reasonable fee. * Psychologist's notes may be considered raw data at the discretion of the psychologist and can be released only to 1) a licensed psychologist or school psychologist or 2) when the release is otherwise required by law.
Reactivation Retired Status License (Over 5 Years)
1) All criteria same for under 5 years AND: 2) Must RETAKE and PASS the Florida laws and rules exam in the (12) MONTHS PRIOR to submitting REQUEST for reactivation.
Licensed School Psychologist
1) Application w/Fee not over $250 and exam fee not over $250. 2) Proof DOCTORATE, specialist or equiv. degree primary psych including (60 semester/ 90) quarter HOURS grad study in SCHOOL psych. from ACCREDITED university and approv by Commission on Recognition of Postsecondary Accred. 3) At least (3) Years SCHOOL Psych. Experience, INCLUDING (2) years SUPERVISED by licensed SCHOOL Psychologist (includes internship). 4) Passed an exam provided by department
Licensure by Examination
1) Application w/Fee not over $500 (Actual: $250) and exam fee not over $500 (Actual: $85). 2) "True Copy" of transcript as proof doctoral education (Psy.D., Ed.D. & Ph.D) from an accredited institution and program which is recognized and approved by Dept. of Ed. 3) Had 2 years (4,000 hours) supervised experience, includes 2000 hour internship. Work on or off premises of supervisor. If offsite, must have a licensed psychologist member also offering services at the premises. 4) Passed the national exam (EPPP) with a minimum scaled score of 500 or (70% correct prior to October 2000.) *Are exempt from EPPP if have score equal or greater from another state. 5) Passed the Florida laws and rules on the Florida Statues and rules relevant to practice of psych. (Raw score of 32 or 80%.) *Passing score on Florida test only VALID for 24 Months after LETTER informing applicant they have PASSED the exam. *Only required to retake one part of exam, either the EPPP or Florida Laws and Rules, if passed the other part. 6) Must complete 2 hour approved COURSE on prevention of MEDICAL ERRORS.
School Psychologist Services (4)
1) Assessment: psychoeducational, developmental, and vocational. Intellectual or any attribute in individuals or groups that relate to learning, educational or adjustment needs. 2) Counseling: short-term with children, parents or others for help or prevention of learning and adjustment probs. 3) Consultation: psychoed., develop., vocational., or direct educ. services. 4) Program Development: design, implement or evaluating.
VIOLATIONS constituting DENIAL of license or DISCIPLINARY action under 490.009 (Discipline).
1) Attempt obtain or renew license by bribery, fraud or dept. error. 2) License of comparable profession revoked, suspended, or acted against. 3) Convicted or found guilty of a crime in any jurisdiction which DIRECTLY Relates to profession OR Ability to practice profession. 4) False advertising or receiving fee or valuable based on REPRESENTING beneficial RESULTS from treatment are GUARANTEED. 5) Advertising or practicing under other name. 6) Maintaining a professional relationship with person known to be in violation of this chapter, or dept. or board rule. 7) Knowingly aiding or advising nonlicensed person to hold self out as licensed under this chapter. 8) Failing to perform any statutory or legal obligation for a licensed psychologist. (Such as repaying a Student Loan or Scholarship obligations.) 9) Willfully making or filing FALSE report or record; or FAILING to file a REPORT or record required by state or federal law. Willfully INTERFERING with or obstructing the filing of a report or INDUCING someone else to make a false report or obstruct a report. (RECORD or REPORT includes only those which REQUIRE the SIGNATURE of a person licensed under this chapter.) 10) Paying a kickback, bonus or rebate for receiving a patient or client or receiving a kickback for referring a patient to another provider. Or, entering into a reciprocal referral agreement. 11) Committing any act that would constitute sexual battery or sexual misconduct. 12) Making misleading or fraudulent representations in the practice of any profession licensed under this chapter. 13) Soliciting patients personally or through agent by use of fraud, intimidation or undue influence or using some harassing method. 14) Fail to make available after written request, copies of test results, reports or documents that were paid for by client. 15) Failing to respond within 30 days to written communication from the department concerning any investigation or to make available relevant records concerning licensee's conduct or background. 16) Being unable to practice with reasonable skill or competence due to mental or physical condition or illness; drunkeness, or excessive drug use, narcotics or other substance abuse. (Finding by State Surgeon General, dept. has authority to compel licensee to complete mental or physical exam. If refuse, can file petition in circuit court) Shall also be afforded opportunity at reasonable intervals to demonstrate can resume practice. 17) Performing any treatment that would constitute experimentation, without first obtaining full, informed, and written consent. 18) Failing to meet minimum standards of performance in professional activities, including those not qualified with proper training and experience. 19) Delegating professional jobs to someone known to not meet qualifications to perform such activities. 20) Violating a rule relating to the regulation of the profession or lawful order of the department. 21) Failing to maintain confidentiality except when waived. 22) Making public statements from test data, client contracts or behavioral research which identify or damage research subjects or clients. 23) Violating any provision in chapter 490 or chapter 456.072 (1).
Denial of application Permanently OR DENY the licensure for two (2) years for REHABILITATION.
1) Been DISCIPLINED by any regulatory body in ANY jurisdiction for VIOLATION other than those to DENY application permanently. 2) Found GUILTY, regardless of adjudication of any CRIME in any jurisdiction. * Action depends on Board's consideration of MITIGATING and AGGRAVATING circumstances using 64B19-17.002 (2). *Pleas of NOLO Contendere creates presumption of GUILT, absent clear and convincing evidence of applicant's innocence.
Renewal of Active License
1) Biennial renewal Fee $340 for ACTIVE status. 2) Statement certifying completion 40 approved CE hours during last biennium. (Shall present satisfactory evidence 490.007.) (Not more than 25 hours of continuing ed. required per year.)
Renewal of Inactive Licenses
1) Biennial renewal Fee $340 for INACTIVE status. 2) Statement certifying has NOT PRACTICED Psychology OR VIOLATED 490.012 provisions for SINCE date of INACTIVE status.
Sexual Misconduct
1) Board finds sexual intimacies with former clients are FREQUENTLY harmful and UNDERMINE public confidence in psychology profession and DETER use of needed services. 2) CLIENTS presumed to be INCAPABLE of giving valid, informed CONSENT to sexual activity and cannot be used as defense. 3) It SHALL constitute sexual misconduct for psychologist who IS involved in psych-client relationship to to ENGAGE client in sex or other sexual behavior including (kissing, touching by either breasts or genitals.) 4) It SHALL constitute sexual misconduct to ENGAGE a client in verbal or physical behavior which is SEXUALLY AROUSING or DEMEANING to client UNLESS: a) Such inducement is CONSISTENT with a planned TREATMENT of client's psychological, social or sexual dysfunctions or disorders AND b) Treatment is in accordance with GENERALLY ACCEPTED Professional STANDARDS for psychological treatment.
Incomplete Applications
1) Board will not review incomplete applications. 2) If application remains incomplete for one (1) year after a timely filed notice of deficiency, the application shall EXPIRE and be automatically closed. 3) After application file closed, MUST submit NEW applications. And those who delay responses to deficiency notices MAY be required to UPDATE their applications with Dept. prior to Board consideration.
Continuing Education Provider, Programs and Courses Approval
1) CE providers, programs and courses MUST be APPROVED by the board. 2) Board sets fee not over $500 (actual: $250) for provider applicants, initial and renewal status. (Fees deposited to Medical Quality Assurance Trust Fund). 3) Proof of CE completion of the required number of hours SHALL be submitted to the department.
Probable Cause Panel (Sexual Misconduct)
1) Chairperson of the Board APPOINTS at least (2) PEOPLE 2) Chairperson DESIGNATES chairperson of panel 3) Includes AT Least one (1) CURRENT or FORMER board member with NOT More than (1) as LAY member. 4) Determination of existence of probable cause by MAJORITY vote. 5) If Board member REVIEWED CASE then he/she MUST be on PANEL for RECONSIDERATION if requested by prosecutor. *Board may make temporary appointments as needed due to absence or unavailability of panel member.
Rules to Designate Citations for Certain Violations
1) Citations can be issued when the is NO substantial THREAT to the public HEALTH, SAFETY and WELFARE or 2) No violation of STANDARD of CARE involving INJURY to a patient. 3) Examples include: - continuing education requirements - failure to timely pay fees and fines - failing to disseminate patient rights information - failure to comply with advertising - failure to update profile and credentialing files - failure to display signs, licenses and permits, - other violations where no direct or serious threat to patient health and safety.
Reactivation of Inactive License
1) Complete "Application for Reactivation of Inactive Psychologist Licensure" 2) PAY the APPLICATION FEE $50 for reactivation. 3) PAY fee $340 for biennial RENEWAL of an ACTIVE license. 4) PAY any OWED fees for changing status. 5) PAY any Delinquency Fees ($400 if applicable) 6) MUST submit PROOF completed (40) hours continuing education requirements for EACH full BIENNIUM inactive status. 7) Must REPORT ANY disciplinary action or that NO such action taken. 8) PAY any OUTSTANDING administrative FINES.
Continuing Education Provider Application Requirements (7)
1) Complete application with $250 FEE for continuing education provider. (Fee is waived for providers currently approved.) 2) Include a NARRATIVE description of one (1) program to be offered for credit. (Must meet criteria for CE program requirements.) *Must also include RESEARCH relied upon. 3) Included All PROMOTIONAL material 4) State learning OBJECTIVES. 5) NAME and QUALIFICATIONS of the instructor. 6) Sample of the PROGRAM EVALUATION for attendees. 7) Sample CERTIFICATE of completion.
Mediation and Confidentiality
1) Conduct or statements made during mediation are INADMISSIBLE in any proceeding pursuant to s. 456.073 (Disciplinary Proceedings.) 2) Any information relating to the mediation of a case shall be subject to the confidentiality provisions of s. 456.073 (Not public UNLESS Finding of probable Cause and Final Order Issued.)
Requirements for Forensic Psychological Evaluations of Minors (Dissolution of Marriage, Child Support or Time Sharing)
1) Considered a conflict of Interest for a psychologist to provide a forensic evaluation to recommend time-sharing sched or parenting plan if has treated a minor or any adults involved in the custody case. 2) A psychologist who has provided treatment for any person in the family, MAY provide FACTUAL information about the minor, BUT SHALL NOT state an OPINION about time-sharing and parenting plans. 3) The evaluating psychologist SHALL NOT also serve as GUARDIAN ad litem, mediator, therapist or parenting coordinator regarding children in the case. Also, if had PRIOR roles as such, SHALL NOT serve as EVALUATOR in the case.
Military Spouse Exemption for License Renewal Requirements
1) EXEMPT from ALL licensure RENEWAL provisions if ABSENT from Florida due to military. 2) Must show satisfactory PROOF absence is due to spouse's military status.
Examples of Enhancement of Psychological Education
1) Further DEVELOP current SKILLS or KNOWLEDGE. 2) Encourage INTERDISCIPLINARY approaches 3) Introduce RECENT scientific FINDINGS in area related to psych. 4) FOCUS on specific are NOT covered as part of GENERAL Psychological education and training. * As a general rule: If appeals to general public then the program will not likely enhance psychological skills or knowledge.
Types of Continuing Psychological Education Credit
1) GRADUATE level COURSES by approved SPONSORS of APA. 2) Graduate level COURSES in psychology by regionally ACCREDITED University or Professional school. (NO more than (10) CE hours apply PER each SEMESTER Hour.) 3) Completion Colloquium, Presentation or Workshop offered for CE by DOCTORAL psychology PROGRAM, internship or residency which is part of an APA accredited program. 4) Full attendance at Workshops or Seminars by providers APPROVED by APA or affiliates OR Board approved providers. (A list can be provided by Board of approved providers.) 5) Simple ATTENDANCE at a State, Regional or National Psychology CONVENTION or CONFERENCE. - (4) Credits Max for each biennium. 6) Attainment of DIPLOMATE Status in specialty area from American Board of Professional Psychology - ABPP is equal to (37) credits, not including 2-hour medical errors course or the 2-hour domestic violence course. 7) FIRST time PRESENTING or MODERATING a CE program, limited to number CREDITS allowed for PROGRAM. 8) EACH Hour attendance at a Board or Board Committee MEETING. Only one credit per hour for TOTAL (10) allowed per biennium. (Will also apply toward ethics and legal issues credits.) 9) Provision of Volunteer EXPERT WITNESS opinions for cases being reviewed RELATED to Laws and Standards for PSYCHOLOGY. (Will receive (2) hours CREDIT per CASE, with MAX of (10) hours a biennium.)
Determination of Psychologist-Client Relationship (purposes for determining sexual misconduct)
1) Has rendered or purports to have rendered psychological services including psychotherapy, counseling, assessment or treatment. (Formal contract and payment not necessary to prove relationship, though it may be evidence it exists.) 2) Consideration of when a person is a client is decided case-by-case and is based on NATURE, EXTENT and CONTEXT of professional relationship. Fact of inactive relationship not determinative and a person is presumed to remain a client until terminated. Passage of time is not evidence of termination. The following are factors considered to determine if relationship has terminated: 1) Formal termination procedures. 2) Transfer of client to another psychologist. 3) Length of time has passed since LAST VISIT to psychologist. 4) Nature and Duration of professional relationship. 5) EXTENT to which client has CONFIDED personal or private information. 6) Nature of the client's PERSONAL HISTORY. 7) Degree of EMOTIONAL DEPENDENCE. 8) Circumstances of Termination. 9) Client's CURRENT Mental Status. 10) Any STATEMENTS or ACTIONS during provision of services which SUGGESTED or INVITED the possibility of a POST-Termination SEXUAL or romantic RELATIONSHIP with client. 3) Sexual contact with a FORMER client after termination WILL constitute a violation IF the contact results from EXPLOITATION of trust, knowledge, influence or emotions derived from the professional relationship. 4) Client's consent does not change the nature of the conduct nor lift the STATUTORY prohibition. 5) If found engaged in sexual misconduct then Board will impose DISCIPLINE as necessary to PROTECT public. SANCTIONS include RESTRICTION or LIMITATION of practice, REVOCATION or SUSPENSION of license.
Disciplinary Guidelines (Aggravating and Mitigating Factors)
1) If Board finds Licensee has committed any Violations listed in Section 456.072 (1) or 490.009 (2) it shall ISSUE a FINAL ORDER imposing ONE or MORE PENALTIES listed in the guidelines. 2) The PENALTIES will be BASED on consideration of AGGRAVATING and MITIGATING factors in each case and can deviate from recommended penalties. The following circumstances are examples of possible factors: a) DANGER to the Public b) Length of TIME since the date of violation. c) NUMBER of COMPLAINTS filed against licensee. d) Length of TIME since licensee has practiced WITHOUT Complaint or Violations. e) ACTUAL Damage, physical or otherwise, to the patient. f) DETERANT effect of penalty. g) EFFECT of penalty on licensee's LIVELIHOOD. h) Any Efforts licensee made toward REHABILIATION I) Actual KNOWLEDGE of the licensee had about Violation. j) ATTEMPTS by licensee to CORRECT or stop violations OR Refusal to correct or stop. k) HISTORY of Related Violations including findings of guilt or innocence, in another state. (penalties imposed and served) l) Any other factors that are specific to a licensee and are articulated in the Final Order. 3) These provisions will not prohibit civil action or criminal prosecution as provided by law.
Maintenance and Retention of Records
1) Licensed psychologist shall maintain full and total responsibility for and control of all psychological records relating to licensee's services and of clients receiving services under their supervision. 2) Must retain FULL records for a minimum of (3) YEARS after the completion of planned services or date of last contact, which ever occurs later. And EITHER the FULL record OR a SUMMARY retained for an additional (4) YEARS. (TOTAL = 7 YEARS) EXCEPTION: Licensed psychologist NOT required to retain records if working under BUSINESS entity which agrees to maintain and retain the confidentiality of the psychological records.
Board Meeting Attendance Rules
1) Must attend all regularly scheduled Board meetings 2) May not be absent 3 consecutive regularly sched. meetings UNLESS is excused: Prevented due to; - COURT order, subpoena, business with the court (which sets date) - DEATH of a FAMILY member - Personal ILLNESS, or - HOSPTIALIZATION of an IMMEDIATE family member. (Only if notified of impeding absence PRIOR to meeting or can't notify due to the circumstance causing the absence, which will then be excused afterword.) Otherwise, absences will be UNEXCUSED for the purpose of declaring a vacancy on the Board. "Family member" = immediate family, nieces, nephews, cousins, and in-laws. "Immediate family" = spouse, child, parents, parents in-law, siblings, grandchildren and grandparents.
Conditions of Biennial Licensure Renewal
1) Must complete (40) hours of continuing psychological education. Incudes up to (35) General Credits. 2) Three (3) hours MUST be professional ETHICS and Florida STATUTES and Rules affecting Practice of Psychology. 3) Of the (3) above, at least - One (1) hour MUST be on Professional Ethics - One (1) on Florida Laws and Rules, chapters 456, 490, and 64B19, F.AC. 4) Two (2) MUST be on Prevention of MEDICAL ERRORS. (Can apply one hour (1) employee training from facility licensed under 395 IF specifically related to Error Reduction and Prevention methods Used in the Facility.) 5) PASSING the Florida Laws and Rules EXAM constitutes (40) hours, including professional ethics and statues requirements. (Does NOT include 2-hour Medical Errors Prevention course.) 6) Must MAINTAIN and make AVAIL Documentation to support CE credit required. MUST retain DOCUMENTATION for (2) years FOLLOWING the RENEWAL. 7) Every six (6) years / every 3rd biennial MUST complete (2) hours on DOMESTIC VIOLENCE and is included in the 40 hours. 8) Board May provide up to a MAX of (25%) of continuing education hours can be fulfilled by PRO BONO services to Indigent or Underserved populations IF APPROVED in ADVANCE. *Board May adopt rules to provide use of approved videocassette courses, not to exceed 5 hours per subject.
Notice to Department of Mailing Address and Place of Practice
1) Must provide written or electronic notification to Department of the licensee's CURRENT mailing ADDRESS and PLACE of practice. 2) Must provide written or electronic notification to Department of CHANGE of address WITHIN (45) days. 3) If ELECTRONIC, the licensee must ENSURE notification received.
Consent for Treatment of Minors
1) NOT considered a VIOLATION to treat a minor in an EMERGENCY situation, including crisis intervention, without consent as long as psychologist complies with STATE LAW for this situation. (Minor must be at least 13 YEARS or older and cannot offer more than 2 VISITS during any 1-WEEK period in response to crisis. Also, such services shall NOT include MEDICATION and OTHER SOMATIC treatments, AVERSIVE stimuli, or substantial DEPRIVATION.) 2) NOT a violation to treat a minor upon receipt of WRITTEN permission from ANY ADULT who CLAIMS to have authority to consent to treatment.
Violations; penalties; injunction under 490.012, which can result in discipline under 490.009.
1) No person shall hold self by any professional title, name or description using "psychologist" unless holds valid ACTIVE license as psychologist under this chapter. 2) Same for "school psychologist" unless holds valid ACTIVE license as school psychologist or is certified as a school psychologist by the Dept. of Ed. 3) No use of title or descript using - "psychology," - "psychological," OR - "psychodiagnostic," OR - describe TEST as psychological, UNLESS holds ACTIVE valid license under this chapter or is exempt. 4) No use of title or descript or permutation of "psychotherapy" UNLESS valid, ACTIVE license under 458,459 (MD, DO), 490 (psychologist), or 491 (Social Work, Marriage and Family therapist, Mental Health Counselor) or Certified Psychiatric Nurse. 5) Must identify correct license status either "licensed or provisionally licensed." 6) Must conspicuously DISPLAY the valid ACTIVE license issued or true copy at EACH location. (Both licensed and provisionally licensed psychologists.) 7) Must INCLUDE "licensed psychologist" on ALL professional ADVERTISEMENTS, including newspaper, magazines and other print or radio/TV and phone directory paid by self or on behalf of. (Applies to licensed and provisionally licensed.) 8) Provisional licensee must INCLUDE "provisional psychologist licensee" on ALL promotional materials, including cards, brochures, stationary, advertisements and signs. * Violations of 1 - 4 are considered first degree misdemeanors, punishable in 775.082 or 775.083. * Violations under 5 - 8 are subject to disciplinary action under 490.009. 9) No person shall PRACTICE psychology or school psychology for COMPENSATION in Florida unless has an ACTIVE valid license to practice that profession. 10) No person may practice juvenile sexual offender therapy in Florida (defined in 490.0145) for compensation, unless has ACTIVE license and meets requirements for sexual offender therapist or is an unlicensed person employed by program with contract with Dept. Juvenile Justice or Dept. Children and Families and is managed/supervised by licensed provider under (458, 459 or 490.0145 or 491.0144).
Limits of Confidentiality
1) One of the primary obligations of psychologists is to RESPECT the CONFIDENTIALITY of information and only disclose that information with WRITTEN CONSENT of the client EXCEPT when nondisclosure is AGAINST the LAW. MUST Inform clients of the LIMITS of CONFIDENTIALITY, such as in hospital or nursing home settings where information would be available to others without their written consent. Other limitations involve educational settings, industrial, military or third-party payment situations. (Psychologist may then obtain a written statement from the client acknowledging the psychologist's advice in those situations.) *This is especially relevant in situations where the provider shares information with a supervising psychologist. 2) In cases when an evaluation is conducted for use by a 3rd PARTY, the psychologist MUST: - Explain LIMITS of CONFIDENTIALITY - - DOCUMENT the EXPLANATION and that the client UNDERSTOOD and - gave WRITTEN CONSENT to ALL aspects of the testing and evaluation. 3) It is recognized that MINORS and legally INCAPACITATED individuals CANNOT give informed CONSENT. However, psychologists owe a DUTY of confidentiality consistent with 1). This is not meant to prevent disclosing the psychologists own evaluation, assessment, analysis, diagnosis or recommendations to authorized person or any court of law. 4) Psychologist shall maintain the confidentiality of all psychological records in his possession or under his control, except as otherwise provided by law or with written signed authorization of the client specifically requesting or authorizing release or disclosure of the records. 5) Psychologist shall also ensure that no person working for the psychologist (employee, contractor, volunteer) violates confidentiality.
Duration of Provider Status
1) Only approved for the BIENNIUM during which applied. 2) Board does NOT have to allow provider to continue offering programs if FAILS to follow RULES regarding CE providers. 3) The Board WILL NOT renew provider status if FAILED to follow rules for continuing education providers. 4) If Board DENIES initial application or renewal application of any possible provider, the Board issues a NOTICE of intention to deny, and allows an opportunity to be heard. 5) Providers can CONTINUE to offer programs until FINAL ORDER is entered against them as result of notice intention to deny renewal. 6) Board WILL NOT grant continuing provider status until (2) YEARS have passed SINCE entry of FINAL Order of Revocation given.
Underserved or Critical Need Populations (456.015)
1) People living within a (20) MILE radius where NO other PSYCHOLOGIST is practicing. 2) UNDERSERVED populations ALSO includes: - indigent people with develop. disabilities - indigent immigrants - indigent American Indians on Reservtns. - indigent adults over (59) years old.
Citations (Used rather than disciplinary procedures under 456.073)
1) REQUIRES the licensee to CORRECT the offense WITHIN (30) DAYS. 2) Imposes OBLIGATIONS to correct offense 3) IMPOSES the PENALTY. 4) In addition to paying fine, Must PAY the COST of the INVESTIGATION. 5) MUST be ISSUED within (6) MONTHS after FILING of the COMPLAINT is based on. 6) Serving a Citation is made by Personal Service OR Certified Mail, RESTRICTED DELIVERY to LAST known ADDRESS.
Examples of NO Continuing Psychological Education
1) Regular work as psychologist 2) Membership, office in, or participation on boards or committees of professional organizations 3) Independent, unstructured or self-structured learning 4) Personal psychotherapy or personal growth experience 5) Authoring or editing books or articles 6) Obtaining or providing supervision or consultation from or under a psychologist who is not a Board approved continuing education provider. 7) Home Study UNLESS from providers APPROVED by APA or ANY Affiliates.
Obligations of Continuing Psychological Education Providers to Maintain Provider Status
1) Require all people to attend entire program for credit. 2) PROVIDE all attendees an EVALUATION form with these WORDS: "The Board of Psychology will not revoke the continuing psychological education credit given to any psychologist for the completion of any continuing psychological education program sponsored by a provider whose status is later revoked by the Board as a result of any complaint registered against the program by a psychologist." 3) The Provider must RETAIN program EVALUATION originals for (3) YEARS from the program date and provide forms upon request. 4) Ensure all promotional material contains NAME of provider which corresponds to provider number issued. 5) Any Additional promotional Material not reviewed by Board, MUST be sent to Board office so it is Received (1) WEEK BEFORE the FIRST Program DATE. 6) Allow only One (1) Hour CE for EACH Hour instruction = No less or no more than 50 minutes of instruction. 7) Notify Board within (2) WEEKS of CHANGE of Provider ADDRESS. 8) Give Board (30) days NOTICE any SIGNIFICANT CHANGE in programs. 9) Maintain ACTIVE STATUS as continuing psychological education PROVIDER by: - Conducting AT LEAST (1) program a YEAR - Renewing status EVERY Biennium and Paying Renewal FEE. 10) Allow Dept. of Health and Board's designee to ACCESS information about programs 11) PROVIDE to psychologists the PROGRAMS that have been approved. 12) Co-sponsorships are allowed, but Board will also hold the provider responsible.
Exemptions from Florida Licensure
1) Salaried employee of: - government agency - developmental disability facility - mental health or alcohol or drug abused facility under chapter 393, 394 or 397; - statewide child care resource/referral network (411.0101); - child-placing or child caring agency under 409; - domestic violence center under 39; - accredited academic institution or research institution (As long as EMPLOYEE performs duties for which was trained and hired solely within agency or facility as long as not held to public as "psychologist.") 2) Salaried Employee of: - private, nonprofit providing counseling to children, youth and families at NO CHARGE, (If employee was trained by agency for those duties and not held out to public as "psychologist.") 3) A student who is pursuing studies which lead to a degree in medicine or profession regulated by this chapter and is providing services in a training setting which is supervised. Or is a graduate gaining experience required for licensure and is designated as "intern" or "trainee" clearly shows status. 4) Is certified in school psychology by the Dept. of Ed. and is performing psych. services as an employee of the public or private educational institution. 5) Is not a Florida resident but offers services in this state, provided: no more than (5) DAYS in any MONTH and no more than (15) DAYS in any calendar YEAR and is LICENSED or CERTIFIED by another state or territory of the US or other country provided REQUIREMENTS EQUIVELANT or higher than this state in opinion of board. 6) Is a rabbi, priest or clergy member of any religious denomination providing services within scope of regular ministerial duties and no separate charge or with charge related to sponsorship of established legally cognizable church AND person providing services is accountable to the established authority thereof. 7) Person providing BEHAVIORAL ANALYSIS so long as not held out to public as licensed psychologist or use title or description protected under this chapter. * Exemptions DO NOT APPLY to any person licensed under this chapter whose LICENSE has been SUSPENDED or REVOKED by the board or another jurisdiction.
Specialties in Psychology
1) Specialty terms include: - "certified psychology specialist" - "board-certified psychology specialist" - "psychology diplomate" These terms are for a psychologist with recognized special competency acquired through an organized sequence of education, training, experience and professional standing that is recognized by a certifying body approved by the board under specific criteria. 2) A licensed psychologist may not hold self out as being a certified specialist or other specialty unless received formal recognition from an approved certifying body. 3) The board shall adopt rules to establish criteria for approval of certifying bodies that provide certification for specialties. These include that the certifying body: a) Be National in scope, incorporating standards of the profession and collaborate closely with organizations related to psychology specialties. b) Have clearly described purposes, bylaws, policies and procedures. c) Provide assessments that include development and implementation of examination to measure competency required for practice of specialty area. 4) Psychologist can specify the services he offers and indicate that practice is limited to one or more types of services when this accurately reflects the scope of practice.
Request for Inactive License
1) Submit WRITTEN request 2) Pay change of status FEE $50 (if applicable).
Request for Retired Status
1) Submit WRITTEN request to Board 2) Pay retired status FEE $50. 3) If Applicable, Pay change of status Fee $50, if changing at time other than biennial renewal date.
Reactivation of Retired Status License (Less than 5 years)
1) Submit WRITTEN request. 2) Pay REACTIVATION FEE $50. 3) Pay the biennial renewal fee $340 for an ACTIVE license for ALL biennial RENEWAL Periods during Retired Status. 4) Pay OWED Delinquency Fees 5) Pay OWED Change of Status Fees. 6) Submit PROOF obtained (40) hours continuing education during EACH biennial in Retired Status AND Last ACTIVE biennial period. 7) Must report any disciplinary action taken by ANY regulatory agency or state NO such action has been taken. 8) Must pay any OUTSTANDING administrative FINES.
Board of Psychology
1) Total of 7 members appointed by Governor, confirmed by Senate. 2) Five (5) members must be LICENSED psychologists in good standing, - two (2) must be CITIZENS of state with no connection to psychology - one (1) member must be 60 YEARS OLD or older. 3) Term is 4 years. 4) Official headquarters is in Tallahassee, Florida
Offenses that MAY be Mediated
1) Violation for MISLEADING advertisement. 2) Violation for FAILURE to EXPLAIN to patient or legal rep, the NATURE of EVALUATION and CONFIDENTIALITY provisions in the practice setting (psych exam in forensic settings.) 3) Violation for MISREPRESENTING credentials (490.009 (1)(l): Making misleading, deceptive, untrue, or fraudulent representations.) 4) Violation for FAILURE to Provide COPIES (paid for) of Report or Exam or Treatment upon written request from service user. 5) Violation related to PSYCH EVAL: (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 EXAM, if indicated, independent of the testing process. (d) Failing to TERMINATE inpatient treatment upon request of patient or patient's legal representative. 6) Violation for failing to MAINTAIN CONFIDENCE of a communication made by client. 7) Violation for PUBLIC Statements that Identify or Damage RESEARCH Subjects OR Clients.
Disposition of Records Upon Termination or Relocation
1) When a licensed psychologist TERMINTATES or RELOCATES practice and is no longer avail to clients in area, the psychologist MUST provide NOTICE to be published in newspaper of greatest circulation in county of practice and EVERY County practiced if terminating. Must publish notice for 4 CONSECUTIVE WEEKS and contain DATE of Termination or Relocation and an ADDRESS where RECORDS may be OBTAINED by them or authorized person. 2) In the event of a psychologist's DEATH, the executor, administrator, personal representative or survivor of psychologist shall ensure RETAIN of RECORDS for at least 2 YEARS & 2 MONTHS from the DATE of the DEATH. Within ONE Month of Death, NOTICE published in newspaper greatest circulation in EACH County of practice and published WEEKLY for 4 consecutive weeks advising of death and address where clients or authorized persons can obtain records. Copy of notice MAILED to the BOARD of psychology. At conclusion of 24 months from the date of death, a NOTICE shall be published for 4 consecutive weeks in the newspaper of greatest circulation in county of deceased psychologist practice that records shall be DESTROYED on the date specified, no sooner than 1 month after the last day of the last week of the 4 - week consecutive published notice. The executor may then destroy any unclaimed records on the date specified.
Advertising
ALL licensees MUST include "licensed psychologist" on ALL professional ADVERTISEMENTS. 1) Professional advertisement includes ANY Medium DESIGNED to SOLICIT clients, such as yellow pages, or announcement of services in the newspaper or on radio or TV. 2) Business Cards and Stationary ARE NOT considered professional Advertisements. 3) A WHITE page listing in the telephone book is NOT a professional advertisement UNLESS it is distinguishable from the other listings of non-licensees. 4) This rule applies REGARDLESS of whether the licensee PAID for the advertisement or not. 5) Rule APPLIES when the psychologist's name appears as PART of advertisements of a professional ASSOCIATION or Entity providing services. 6) Board recognizes may NOT be AWARE that a yellow page listing exists. Thus, Board will not prosecute unless the listing was PAID by psychologist or any other company besides the yellow page company. ONCE psychologist AWARE, then MUST either Prevent future listing OR Pay for the insertion of the words "licensed psychologist."
Payment of Fine
All fines by Board MUST be paid within thirty (30) days from the entry date of the FINAL ORDER. Unless the order EXTENDS the deadline.
Confidentiality Waived (3 Conditions)
All private communications between licensed psychologist and patient are confidential (regardless who pays) except when privilege can be waived under these conditions: 1) When licensed psychologist is the DEFENDENT to a civil, criminal or disciplinary action from a COMPLAINT filed by the patient. (Waiver limited to the complaint in this case.) 2) When the client AGREES to the waiver in WRITING or when more than one client, every member of family/group agrees to waiver in writing. 3) When there is clear and IMMEDIATE probability of physical HARM to the patient or others or society and the licensed psychologist ONLY COMMUNICATES information: - to the potential victim - appropriate family member - law enforcement or other appropriate authorities.
Mediation Criteria (4)
Board Shall designate as appropriate for mediation those complaints where harm caused by the licensee: (a) Is ECONOMIC in nature EXCEPT any act or omission involving INTENTIONAL misconduct. (b) CAN be Remedied by the licensee. (c) Is NOT a Standard of Care Violation INVOLVING any type of INJURY to a patient; or (d) Does not result in an adverse incident (such as the death of a patient; Brain or spinal damage to a patient; The performance of a surgical procedure on the wrong patient. (And others related to surgeons.)
Use of Test Instruments
Board finds INAPPROPRIATE use of test instruments is HARMFUL to consumers. THUS, need for MINIMUM standard of professional practice required. 1) Psychologist MUST consider whether RESEARCH supports assumptions related to INTERPRETIVE statements from test. 2) MUST be able to JUSTIFY selection of a specific test. 3) Must INTEGRATE and RECONCILE interpretive statements from test with psychologist's independent professional knowledge, evaluation and assessment of the individual taking test. 4) Must SPECIFY in the REPORT the NAME of each person who ASSISTED psychologist and what role each played in the testing. 5) Must MEET with the test subject FACE-TO-FACE, UNLESS delegated to psychological intern, trainee or resident in doctoral program approved by the APA. 6) Violation to SIGN any evaluation or assessment UNLESS has had an ACTIVE role in the assessment. Also, may not co-sign UNLESS as supervisor or part of multidisciplinary team.
Supervision of Provisional Licensees
Board requires the SUPERVISOR to PERFORM and CERTIFY that the primary supervisor has: 1) Entered into AGGREEMENT with provisional licensee that DETAILS their OBLIGATIONS and COMPENSATION, along with the supervisors RESPONSIBILITIES to provisional licensee. 2) DETERMINED that the provisional licensee was CAPABLE of providing COMPETENT and SAFE psychological service to the clients 3) Maintained professional RESPONSIBILITY for the provisional licensee's WORK. 4) PROVIDED (2) hours SUPERVISION, including (1) hour of individual FACE-to-FACE. 5) PREVAILED in all professional disagreements. 6) Kept INFORMED of all SERVICES provided. 7) ADVISED Board if supervisor received any COMPLAINTS or has reason to suspect the provisional licensee is less than fully ethical, professional or qualified for licensure.
Supervisors Responsibilities
Board requires the supervisor to perform and CERTIFY that the primary supervisor has: 1) Entered into AGREEMENT with applicant that DETAILS the applicants OBLIGATIONS and COMPENSATION, along with supervisors responsibilities to applicant. 2) Determined that resident was capable of providing COMPETENT and SAFE psychological SERVICE to that client 3) Maintained professional RESPONSIBILITY for resident WORK. 4) Provided (2) hours SUPERVISION, including (1) hour of individual face-to-face. 5) PREVAILED in all professional disagreements. 6) Kept INFORMED of all SERVICES provided by resident. 7) ADVISED Board if supervisor received any COMPLAINTS or has reason to suspect resident is less than fully ethical, professional or qualified for licensure. 8) When more than one supervisor, MUST describe in written stated how training and supervision was a cohesive, integrated experience. 9) Until licensure, may CONTINUE to SUPERVISE resident past the requirements as long is applicant continues to follow these rules and has applied for licensure and NO final ORDER of DENIAL has been entered.
Evaluations of Providers
Board shall evaluate continuing education programs by: 1) Attending programs 2) Reviewing files of provider to gain info about ANY program. 3) Asking attendees to provide their evaluations to the Board. * The Board WILL NOT REVOKE continuing education credit even if their is a complaint from ANY psychologist.
Psychologist Application Timeline
Board will CLOSE and issue FINAL order of DENIAL (24) months after applicant was Approved for exam if does NOT Pass exam AND/OR Complete ALL Supervised Experience. (May grant EXTENSION of (12) months if shows failed to comply due to ILLNESS or undue HARDSHIP.) May continue to practice under supervision past requirements as long as current application on file with no final order of denial.
Licensure by endorsement (3 ways)
Can be for psychologist or school psychologist 1) Holds valid license to practice an another state where standards SUBSTANTIALLY equiv. OR more STRINGENT than Florida. 2) Is a DIPLOMATE in good standing with ABPP. 3) Has acceptable doctoral degree and has (20) YEARS experience in any US territory WITHIN the last (25) years. Additionally: 1) Application w/Fee $250 2) Must PASS Florida laws and rules EXAM. 3) Must NOT be under INVESTIGATION in any jurisdiction for VIOLATION under this chapter.
Denial of Licensure application PERMANENTLY
Cause for Board to DENY application PERMANENTLY in Florida: 1) Attempting to obtain license by bribery or fraudulent misrepresentation 2) Been DISCIPLINED by any regulatory body in ANY jurisdiction for SEXUAL MISCONDUCT or trespass sexual boundaries.
First-Time Failure to Satisfy Continuing Education Requirements
Citation in accordance with s. 456.077 and assess a FINE, as determined by the board or department by rule. In addition, for each hour of continuing education not completed or completed late, the board or department, as applicable, MAY require the licensee to take (1) ADDITIONAL hour of continuing education for EACH hour NOT Completed OR Completed Late.
"Psychological Services Act" (Legislative Intent)
EMOTIONAL survival is EQUAL in importance to PHYSICAL survival and to PRESERVE the Health, Safety, and Welfare of the public, the Legislature must provide PRIVILEGED communication for members of the public or those acting on their behalf to ENCOURAGE needed or desired Psychological Services to be sought out. Further, the practice of psychology and school psychology by UNQUALIFIED persons presents a DANGER to the public HEALTH, SAFETY and WELFARE.
Reexamination Fee
Fee is $85 for reexamination of the Florida Laws and Rules Exam along with Fees from the examination VENDOR.
Examination Review Fee
Fee is $85 to review a failed the Florida Laws and Rules Exam
Penalty for False Information in Course of Applying for Licensure
Felony of the 3rd Degree Attempting to obtain or obtaining license by knowingly misleading statements or misrepresentations
Revocation of License
If License is revoked it SHALL be PERMANENT. However, Board MAY establish rule requirements for reapplication, which may include satisfying current requirements for an initial license.
Limited Licensure Criteria
Intended to serve INDIGENT, UNDERSERVED, or CRITICAL NEED populations. 1) Must have been LICENSED for (10) YEARS in ANY jurisdiction in profession seeking limited licensure. 2) Is Retired or WILL retire within (6) months from date application. 3) Application and licensure fee of $25 (UNLESS submit notarized statement from employer that applicant WILL NOT receive MONETARY Compensation for psychology service in this case there will be no application or licensure fee.) 4) Complete and submit "Application for Psychologist Limited Licensure." 5) A Limited Licensee may practice: - ONLY in PUBLIC or NONPROFIT agencies or institutions which qualify as s. 501(c)(3) of the IRS AND - PROVIDE professional LIABILITY coverage for acts or omissions of the limited licensee. *A limited licensee may provide services ONLY to the INDIGENT, UNDERSERVED, or CRITICAL NEED populations within the state.
Delinquency Fee
Is $400 for failure to renew an active or inactive license on time. It is $25 for a limited license not renewed on time.
Psychologist and school psychologist records minimum requirements (5)
Licensed providers of services MUST maintain records and meet minimum standards for chronicling and documenting psychologist services including informed consent and financial transactions. 1) Records chronicling and documenting MUST include: - Name - Address - Telephone - Age and sex - Presenting Symptoms or Requests for Services - Dates of services and Types of services. ALSO, as APPLICABLE; - Test data (previous and current); - History including RELEVANT medical data and medication (ESPECIALLY CURRENT Medications) - What transpired during service sessions; - Significant ACTIONS by the psychologist, client and payer; - Notes on sensitive matters (i.e., threats); - Progress Notes; - Copies of correspondence on assess or services; - Notes on relevant conversations with significant persons to the client. 2) WRITTEN informed CONSENT concerning all aspects of services, including assessment and therapy. 3) Provisional licensee MUST include on the informed consent that he is a provisional licensee under supervision and identify the NAME of the SUPERVISOR. 4) Data relating to financial transactions, including FEES assessed and collected. 5 Entries MUST be made within ten (10) days of service. If after service date, MUST include BOTH date of service and date of written entry.
PENALTIES under provision 456.072 (2) for applicants or licensee found guilty of violating chapter 490 or chapter 456.072 (1)
May impose ONE or MORE of the following penalties: 1) Denial of licensure or certify an application with restrictions. 2) Suspension or PERMANENT Revocation of license. 3) RESTRICTION of practice or license. 4) Imposition of administrative FINE, not to exceed $10,000 for each count OR separate offense. (If for fraud/making false representation then MUST impose fine of $10,000 per count or offense.) 5) Issuance of reprimand or letter of concern. 6) Probation 7) Corrective action 8) Imposition of administration fine for violations regarding not providing summary of patient rights. ($100 nonwillful to $500 willful and corrective action for initial nonwillful.) 9) Refund of fees billed & collected from patient or 3rd party on behalf of patient. 10) Requirement practitioner undergo remedial education. *In determining action, board considers the sanctions needed to PROTECT public or to COMPENSATE patient. Only after those sanctions have been imposed may the disciplining authority consider and include in the order requirements designed to rehabilitate the practitioner. All costs associated with compliance with orders issued under this subsection are the obligation of the practitioner.
Supervised Experience Requirements
Must have 4000 hours supervised experience and the Board includes 2000 of those hours from internship. The following rules apply to the remaining 2000 hours: 1) Supervision must be EITHER a Florida licensed psychologist in good standing or a doctoral-level psychologist licensed in good standing in another state and providing supervision in that state. Exception: If resident is active duty military or employed full time as civilian resident to provide services to armed services or VA facility, supervisor can be licensed from any state regardless of where services are preformed. 2) Referred to as "Psychology Resident or Post-Doctoral Fellow," which means met education requirements for licensure and intends from outset this supervised experience will meet the other part of experience required which is not part of internship. (Must use this title until licensed as psychologist) 3) Must inform all service users of supervised status and provide the name of supervising psychologist. (Consultation reports, and summaries MUST be Co-signed by supervisor, while progress notes MAY be co-signed at supervisors discretion.) 4) Must be NO conflict of interest between supervisor and resident and NO relationship other than supervisory is allowed. 5) May be supervised by more than one supervisor at more than one location as long as one is identified as the PRIMARY one who enters the agreement and integrates the experience into a COHESIVE and INTEGRATED training experience including: a) Average at least (20) hours per week for no more than (104) weeks OR averages no more than (40) hours over no more than (52) weeks. b) Requires at least 900 hours in activities RELATED to DIRECT CLIENT contact. c) Includes at least (2) hours clinical supervision with at least (1) hour of INDIVIDUAL face-to-face supervision.
Limits on Number of Times for Mediation Process
No licensee shall go through the mediation process more than three (3) times WITHOUT Approval of the department
VIOLATIONS under 456.72 (1) constituting DISCIPLINE (additional to chapter 490 violations)
Other violations in addition to 490, which are relevant to licensed psychologists. (Omitting duplicate violations from chapter 490.) 1) Found liable in civil proceeding for knowingly filing false report or complaint with dept. against another licensee. 2) Failing to report to dept. any person licensee knows to be violating the rules under this chapter. 3) Practicing or offering to practice beyond the scope of law or level of competencies. 4) Violating a lawful order or failing to comply with subpoena. 5) Failing to comply with CE requirement for domestic violence. 6) Failing to identify through written notice (name tag/license displayed) or orally to patient the type of license held and is practicing under. (Advertisements must identify type of license of practitioner.) 7) Fail to comply with requirement to provide patients with information about patient rights and how to file a complaint. 8) Engaging or attempting to engage in sexual misconduct. 9) Failing to comply with requirements for profiling and credentialing. (Fail provide initial info., updated info., misleading or false statements on a profile, credentialing or initial or renewal licensure application.) 10) Use info from people involved in Motor Vehicle Accidents from police reports, news, etc., to solicit people involved. 11) Fail to report to board in writing within 30 days that licensee has been convicted or found guilty, including plea nolo contendere, regardless of adjudication, of a crime in any jurisdiction. 12) Testing positive for any drug on any confirmed employer related drug screening. (Provided no lawful prescription or legitimate medical reason for using the drug.) 13) Related to making a personal injury protection claim, intentionally submitting a claim or bill that has been "upcoded." or for services not rendered. 14) Being terminated from a treatment program for impaired practitioners. 15) Convicted or plea of guilty or nolo contendere to any misdemeanor or felony regardless of adjudication. 16) Failing to remit sum of overpayment from Medicaid owed to state pursuant to final order, judgment or settlement. 17) Being terminated from the state Medicaid program or any Medicare program unless eligibility was restored. 18) Being convicted of any misdemeanor or felony related to health care fraud. 19) Violating laws related to medical privacy concerning firearms. (Relevant for those licensed under 456 and facilities under 395, physicians and hosptials)
Psychological services to individuals, couples, families, groups and public without regard to.... or....
PLACE of services OR to whether PAYMENT is Requested or Received.
Practice of Juvenile Sexual Offender Therapy and Qualifications for Title "Juvenile sexual offender therapist"
Prior to holding self as "Juvenile sexual offender therapist"...OR practicing juvenile sexual offender therapy Florida licensed psychologist shall have EDUCATION, TRAINING and EXPERIENCE, showing COMPETENCY and INTEREST in this area. Training MUST include COURSEWORK and/or TRAINING in: - child behavior and development - child psychopathology - child assessment and treatment AND (30) HOURS of TRAINING in: - juvenile sex offender ASSESSMENT and TREATMENT.
Practice of Sex Therapy and Qualifications for Title "Sex Therapist"(2 Criteria)
Prior to holding self as "Sex Therapist".. A licensed psychologist must have received TRAINING in the provision of PSYCHOLOGICAL health services AND 150 clock HOURS education in the area of SEX Therapy and the INTERACTION between SEX Therapy AND the GENERAL provision of PSYCHOLOGICAL health services.
Licensed school psychologists - limits of private practice services
Private sector services offered to students within the school psychologist's district are acceptable with these conditions: 1) The parent, guardian or adult client is informed in WRITING prior to services of their eligibility for FREE services from school district. 2) The client is NOT a STUDENT of the school where the school psychologist is currently assigned. 3) Parent, guardian or client INFORMED, as DUAL practitioner, the school psychologist may NOT be an INDEPENDENT EVALUATOR. 4) Does not promise 24-hour service or on-call services and does not engage in private practice during contracted employment hrs. 5) Does not use his position in school district to offer or promote private practice services. 6) Does not utilize tests, materials or services that belong to the school district.
Conditions for Releasing Test Data
Psychologists MAY NOT release test data, protocols, questions, notes, or written answer sheets EXCEPT to: 1) A licensed psychologist or school psychologist or Florida Cert. OR 2) After complying with 64B19-19.005 (Releasing Psychological Records) AND - OBTAINING an order from a COURT or competent jurisdiction. 3) When release of material is otherwise REQUIRED by LAW. (IF raw data is RELEASED, psychologist SHALL CERTIFIY that ALL raw test DATA from those test instruments were PROVIDED. *When releasing test information, psychologist EXPECTED to maintain the INTEGRITY of the test protocols, modalities and instruments.)
"Test Instruments"
STANDARDIZED procedures which claim to OBJECTIVELY MEASURE personal characteristics including: - intelligence - personality - abilities, interests, aptitudes - neuropsychological functioning
Minor Misconduct, Notices of Noncompliance (3)
The following are designated as MINOR misconduct which the Board shall ISSUE NOTICES of NONCOMPLIANCE before disciplinary action is taken: 1) Failing to include "licensed psychologist" in ANY advertisement 2) FAILURE to RESPOND within (30) days to a written communication from Dept. concerning any INVESTIGATION or produce records relevant to any investigation about conduct or background. 3) Failing to NOTIFY the board of the licensee's CURRENT mailing ADDRESS and PLACE of practice AFTER (45) days, but WITHIN (60) days.
Meetings and Compensation (7)
The following meetings qualify for compensation: 1) Board meetings 2) Meetings of committees of the Board 3) Any meeting requested by the Board or Dept. which includes a Board member with Dept. staff or contractors of Dept. 4) Meetings with Board member at request Board or Dept. 5) Probable cause panel meetings 6) Association of State and Provincial Psychology Boards or other state, regional or national organizations attended by a Board member at request Dept. or Board related to state licensure or discipline of psychologists. 7) Legislative or Legislative committee meetings.
Continuing Education Provider Program Requirements (3 General)
To Obtain or Renew Provider Status: The applicant MUST demonstrate PROGRAMS to be offered will: 1) ENHANCE psychological SKILLS or KNOWLEDGE. (Occurs when increases ability of licensed psychologists to provide services. Presumes have basic psych level and training past undergrad.) 2) Be of sufficient DURATION to adequately address subject matter. 3) Taught by person with at least (2) years Education, Research OR Practical Application of Program Subject.
