Florida Laws and Rules Examination Study Packet for Psychologists, Slides of Clinical Psychology

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Armstrong, MD, FACS Surgeon General & Secretary BOARD OF PSYCHOLOGY *Study Packet* For the Florida Laws and Rules Examination Computer Based Test For Psychologists Effective: JANUARY 2015 (Section 1 of 2) - 1 - This page intentionally left blank - 4 - x PART F: Chapter 415, Florida Statutes, Adult Protective Services 415.102 Definitions of terms used in ss. 415.101-415.113 415.107 Confidentiality of reports and records 415.1071 Release of confidential information- x PART G: Chapter 456, Florida Statutes, Health Professions and Occupations, General Provisions 456.1 Definitions 456.013 Department; general licensing provisions 456.0135 General background screening provisions 456.024 Members of Armed Forces in good standing with administrative boards or the department; spouses 456.0391 Advanced registered nurse practitioners; information required for certification. 456.056 Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians 456.074 Certain health care practitioners; immediate suspension of license. 456.42 Written prescriptions for medicinal drugs - 5 - Examination Study Packet Table of Contents SECTION 1 Part A: *Chapter 490, Florida Statutes Psychological Services…………………………. ...... 7 Part B: *Chapter 64B19, Florida Administrative Code, Psychology………………………………. ..... 25 Part C: *Chapter 39.201, Florida Statutes, Mandatory reports of child abuse abandonment, or neglect; mandatory reports of death; central abuse hotlines …………..62 Part D: *Section 90.503, Florida Statutes Psychotherapist-patient Privilege………………….71 Part E: *Chapter 394, Part I, Florida Statutes Florida Mental Health Act…………………………...76 SECTION 2 Part F: *Chapter 415, Florida Statutes, Adult Protective Services……………………. ...... 136 Part G: *Chapter 456, Florida Statutes, Health Professions and Occupations, General Provisions…………………………………164 Note: Each section is a transcription of the Florida Statutes or the Florida Administrative Code. All attempts have been made to ensure the accuracy of the texts; if you have any concerns about the accuracy, please consult the Florida Statutes online at www.leg.state.fl.us and the Florida Administrative Code at www.flrules.org. Copies of the laws and rules may also be found in local university or law libraries. - 6 - This page intentionally left blank - 9 - CHAPTER 490 PSYCHOLOGICAL SERVICES 490.001 Short title. 490.002 Intent. 490.003 Definitions. 490.004 Board of Psychology. 490.005 Licensure by examination. 490.0051 Provisional licensure; requirements. 490.006 Licensure by endorsement. 490.007 Renewal of license. 490.0085 Continuing education; approval of providers, programs, and courses; proof of completion. 490.009 Discipline. 490.0111 Sexual misconduct. 490.012 Violations; penalties; injunction. 490.0121 Licensed school psychologists; private sector services. 490.014 Exemptions. 490.0141 Practice of hypnosis. 490.0143 Practice of sex therapy. 490.0145 The practice of juvenile sexual offender therapy. 490.0147 Confidentiality and privileged communications. 490.0148 Psychologist and school psychologist records. 490.0149 Specialties. 490.014 Duties of the department. - 10 - 490.001 Short title.--This chapter may be cited as the "Psychological Services Act." History.--ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429. 490.002 Intent.--The Legislature finds that as society becomes increasingly complex, emotional survival is equal in importance to physical survival. Therefore, in order 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. The Legislature further finds that, since such psychological services assist the public primarily with emotional survival, which in turn affects physical and psychophysical survival, the practice of psychology and school psychology by unqualified persons presents a danger to public health, safety, and welfare. History.--ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 1, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89- 70; s. 10, ch. 90-192; s. 4, ch. 91-429. 490.003 Definitions.--As used in this chapter: (1) "Board" means the Board of Psychology. (2) "Department" means the Department of Health. (3)(a) Prior to July 1, 1999, "doctoral-level psychological education" and "doctoral degree in psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from: 1. An educational institution which, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada; and 2. A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had programmatic accreditation from an accrediting agency recognized and approved by the United States Department of Education or was comparable to such programs. (b) Effective July 1, 1999, "doctoral-level psychological education" and "doctoral degree in psychology" mean a Psy.D., an Ed.D. in psychology, or a Ph.D. in psychology from: 1. An educational institution which, at the time the applicant was enrolled and graduated, had institutional accreditation from an agency recognized and approved by the United States Department of Education or was recognized as a member in good standing with the Association of Universities and Colleges of Canada; and 2. A psychology program within that educational institution which, at the time the applicant was enrolled and graduated, had programmatic accreditation from an agency recognized and approved by the United States Department of Education. (4) "Practice of psychology" means the observations, description, evaluation, interpretation, and modification of human behavior, by the use of scientific and applied psychological principles, methods, and procedures, for the purpose of describing, preventing, alleviating, or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal behavioral - 11 - health and mental or psychological health. The ethical practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning, including evaluation of mental competency to manage one's affairs and to participate in legal proceedings; counseling, psychoanalysis, all forms of psychotherapy, sex therapy, hypnosis, biofeedback, and behavioral analysis and therapy; psychoeducational evaluation, therapy, remediation, and consultation; and use of psychological methods to diagnose and treat mental, nervous, psychological, marital, or emotional disorders, illness, or disability, alcoholism and substance abuse, and disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury, or disability, including neuropsychological evaluation, diagnosis, prognosis, etiology, and treatment. (a) Psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service. (b) The use of specific modalities within the practice of psychology is restricted to psychologists appropriately trained in the use of such modalities. (c) The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is requested or received for services rendered. (5) "Practice of school psychology" means the rendering or offering to render to an individual, a group, an organization, a government agency, or the public any of the following services: (a) Assessment, which includes psychoeducational, developmental, and vocational assessment; evaluation and interpretation of intelligence, aptitudes, interests, academic achievement, adjustment, and motivations, or any other attributes, in individuals or groups, that relate to learning, educational, or adjustment needs. (b) Counseling, which includes short-term situation-oriented professional interaction with children, parents, or other adults for amelioration or prevention of learning and adjustment problems. Counseling services relative to the practice of school psychology include verbal interaction, interviewing, behavior techniques, developmental and vocational intervention, environmental management, and group processes. (c) Consultation, which includes psychoeducational, developmental, and vocational assistance or direct educational services to schools, agencies, organizations, families, or individuals related to learning problems and adjustments to those problems. (d) Development of programs, which includes designing, implementing, or evaluating educationally and psychologically sound learning environments; acting as a catalyst for teacher involvement in adaptations and innovations; and facilitating the psychoeducational development of individual families or groups. (6) "Provisional psychologist licensee" means a person provisionally licensed under this chapter to provide psychological services under supervision. (7) "Psychologist" means a person licensed pursuant to s. 490.005(1), s. 490.006, or the provision identified as s. 490.013(2) in s. 1, chapter 81-235, Laws of Florida. - 14 - 3. Has passed an examination provided by the department. (3)(a) The board shall close the application file of any applicant who fails to pass the psychology licensure examination and the Florida law and rules portion of the examination or who fails to submit evidence of completion of the postdoctoral, supervised experience within a timeframe no longer than 24 months. (b) The board shall implement a procedure by which an applicant may apply for an extension beyond the required timeframe. (c) An individual who completes the required postdoctoral training residency may continue to practice under supervision if she or he does so in a manner prescribed by the board by rule, has a current application on file, and no final order of denial has been issued. History.--ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; s. 91, ch. 83-329; ss. 4, 18, 19, ch. 87-252; s. 36, ch. 88-205; s. 36, ch. 88-392; ss. 3, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 109, ch. 92-149; s. 30, ch. 94-310; s. 5, ch. 95-279; s. 3, ch. 97-198; s. 195, ch. 97-264; s. 302, ch. 98-166; s. 162, ch. 99-397; s. 1, ch. 2008-125. 490.0051 Provisional licensure; requirements.-- (1) The department shall issue a provisional psychology license to each applicant who the board certifies has: (a) Completed the application form and remitted a nonrefundable application fee not to exceed $250, as set by board rule. (b) Earned a doctoral degree in psychology as defined in s. 490.003(3). (c) Met any additional requirements established by board rule. (2) A provisional licensee must work under the supervision of a licensed psychologist until the provisional licensee is in receipt of a license or a letter from the department stating that he or she is licensed as a psychologist. (3) A provisional license expires 24 months after the date it is issued and may not be renewed or reissued. History.--s. 4, ch. 97-198; s. 196, ch. 97-264. 490.006 Licensure by endorsement.-- (1) The department shall license a person as a psychologist or school psychologist who, upon applying to the department and remitting the appropriate fee, demonstrates to the department or, in the case of psychologists, to the board that the applicant: (a) Holds a valid license or certificate in another state to practice psychology or school psychology, as applicable, provided that, when the applicant secured such license or certificate, the requirements were substantially equivalent to or more stringent than those set forth in this chapter at that time; and, if no Florida law existed at that time, then the requirements in the other state must have been substantially equivalent to or more stringent than those set forth in this chapter at the present time; - 15 - (b) Is a diplomate in good standing with the American Board of Professional Psychology, Inc.; or (c) Possesses a doctoral degree in psychology as described in s. 490.003 and has at least 20 years of experience as a licensed psychologist in any jurisdiction or territory of the United States within 25 years preceding the date of application. (2) In addition to meeting the requirements for licensure set forth in subsection (1), an applicant must pass that portion of the psychology or school psychology licensure examinations pertaining to the laws and rules related to the practice of psychology or school psychology in this state before the department may issue a license to the applicant. (3) The department shall not issue a license by endorsement to any applicant who is under investigation in this or another jurisdiction for an act which would constitute a violation of this chapter until such time as the investigation is complete, at which time the provisions of s. 490.009 shall apply. History.--ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 5, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 4, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 6, ch. 95-279; s. 163, ch. 99-397. 490.007 Renewal of license.-- (1) The department or, in the case of psychologists, the board shall prescribe by rule a method for the biennial renewal of a license at a fee set by rule, not to exceed $500. (2) Each applicant for renewal shall present satisfactory evidence that, in the period since the license was issued, the applicant has completed continuing education requirements set by rule of the department or, in the case of psychologists, by rule of the board. Not more than 25 hours of continuing education per year shall be required. History.--ss. 1, 3, ch. 81-235; s. 102, ch. 83-218; ss. 1, 3, ch. 83-265; s. 116, ch. 83-329; ss. 6, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 110, ch. 92-149; s. 286, ch. 94-119. 490.0085 Continuing education; approval of providers, programs, and courses; proof of completion.-- (1) Continuing education providers, programs, and courses shall be approved by the department or, in the case of psychologists, the board. (2) The department or, in the case of psychologists, the board has the authority to set a fee not to exceed $500 for each applicant who applies for or renews provider status. Such fees shall be deposited into the Medical Quality Assurance Trust Fund. (3) Proof of completion of the required number of hours of continuing education shall be submitted to the department in the manner and time specified by rule and on forms provided by the department. (4) The department or, in the case of psychologists, the board shall adopt rules and guidelines to administer and enforce the provisions of this section. History.--ss. 1, 2, ch. 84-168; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 111, ch. 92-149; s. 7, ch. 95-279; s. 164, ch. 99-397. - 16 - 490.009 Discipline.-- (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a) Attempting to obtain, obtaining, or renewing a license under this chapter by bribery or fraudulent misrepresentation or through an error of the board or department. (b) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country. (c) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of his or her profession or the ability to practice his or her profession. A plea of nolo contendere creates a rebuttable presumption of guilt of the underlying criminal charges. However, the board shall allow the person who is the subject of the disciplinary proceeding to present any evidence relevant to the underlying charges and circumstances surrounding the plea. (d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed. (e) Advertising, practicing, or attempting to practice under a name other than one's own. (f) Maintaining a professional association with any person who the applicant or licensee knows, or has reason to believe, is in violation of this chapter or of a rule of the department or, in the case of psychologists, of the department or the board. (g) Knowingly aiding, assisting, procuring, or advising any nonlicensed person to hold himself or herself out as licensed under this chapter. (h) Failing to perform any statutory or legal obligation placed upon a person licensed under this chapter. (i) Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record. Such report or record includes only a report or record which requires the signature of a person licensed under this chapter. (j) Paying a kickback, rebate, bonus, or other remuneration for receiving a patient or client, or receiving a kickback, rebate, bonus, or other remuneration for referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement. (k) Committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as defined in s. 490.0111. - 19 - (3)(a) A person provisionally licensed under this chapter as a provisional psychologist licensee shall conspicuously display the valid provisional license issued by the department or a true copy thereof at each location at which the provisional licensee is providing services. (b) A provisional psychologist licensee shall include the words "provisional psychologist licensee" on all promotional materials, including cards, brochures, stationery, advertisements, and signs, naming the provisional licensee. (4) Any person who violates any provision of this section, except for subsections (2) and (3), commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of subsection (2) or subsection (3) is subject to disciplinary action under s. 490.009. (5) The department may institute appropriate proceedings to enjoin violation of subsection (1). (6) No person shall practice psychology in this state, as such practice is defined in s. 490.003(4), for compensation, unless such person holds an active, valid license to practice psychology issued pursuant to this chapter. Nothing in this subsection shall be construed to limit the practice of school psychology, as such practice is defined in s. 490.003(5). (7) No person shall practice school psychology in this state, as such practice is defined in s. 490.003(5), for compensation, unless such person holds an active, valid license to practice school psychology issued pursuant to this chapter. (8) Effective October 1, 2000, a person may not practice juvenile sexual offender therapy in this state, as the practice is defined in s. 490.0145, for compensation, unless the person holds an active license issued under this chapter and meets the requirements to practice juvenile sexual offender therapy. An unlicensed person may be employed by a program operated by or under contract with the Department of Juvenile Justice or the Department of Children and Families if the program employs a professional who is licensed under chapter 458, chapter 459, s. 490.0145, or s. 491.0144 who manages or supervises the treatment services. History.--ss. 1, 3, ch. 81-235; ss. 1, 3, ch. 83-265; ss. 10, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 8, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 3, ch. 90-263; s. 4, ch. 91-429; s. 113, ch. 92-149; s. 503, ch. 97-103; s. 7, ch. 97-198; s. 199, ch. 97-264; s. 2, ch. 98-158; s. 125, ch. 2001-277; s. 273, ch. 2014-19. 490.0121 Licensed school psychologists; private sector services.--It shall not be a violation of s. 112.313(7) for a licensed school psychologist employed by a school district to provide private sector services to students within that district if: (1) The parent, guardian, or adult client is informed in writing prior to provision of services of their eligibility for such free services from the school district. (2) The client is not a student of the schools to which the school psychologist is currently assigned. (3) The parent, guardian, or adult client is informed that, as a dual practitioner, the school psychologist may not function as an independent evaluator. (4) The school psychologist does not promise 24-hour service or on-call services and does not engage in private practice during hours of contracted employment. - 20 - (5) The school psychologist does not use his or her position within a school district to offer private services or to promote a private practice. (6) The school psychologist does not utilize tests, materials, or services belonging to the school district. History.--s. 116, ch. 92-149; s. 504, ch. 97-103. 490.014 Exemptions.-- (1)(a) No provision of this chapter shall be construed to limit the practice of physicians licensed pursuant to chapter 458 or chapter 459 so long as they do not hold themselves out to the public as psychologists or use a professional title protected by this chapter. (b) No provision of this chapter shall be construed to limit the practice of nursing, clinical social work, marriage and family therapy, mental health counseling, or other recognized businesses or professions, or to prevent qualified members of other professions from doing work of a nature consistent with their training, so long as they do not hold themselves out to the public as psychologists or use a title or description protected by this chapter. Nothing in this subsection shall be construed to exempt any person from the provisions of s. 490.012. (2) No person shall be required to be licensed or provisionally licensed under this chapter who: (a) Is a salaried employee of a government agency; a developmental disability facility or program; a mental health, alcohol, or drug abuse facility operating under chapter 393, chapter 394, or chapter 397; the statewide child care resource and referral network operating under s. 411.0101; a child-placing or child-caring agency licensed pursuant to chapter 409; a domestic violence center certified pursuant to chapter 39; an accredited academic institution; or a research institution, if such employee is performing duties for which he or she was trained and hired solely within the confines of such agency, facility, or institution, so long as the employee is not held out to the public as a psychologist pursuant to s. 490.012(1)(a). (b) Is a salaried employee of a private, nonprofit organization providing counseling services to children, youth, and families, if such services are provided for no charge, if such employee is performing duties for which he or she was trained and hired, so long as the employee is not held out to the public as a psychologist pursuant to s. 490.012(1)(a). (c) Is a student who is pursuing a course of study which leads to a degree in medicine or a profession regulated by this chapter who is providing services in a training setting, provided such activities or services constitute part of a supervised course of study, or is a graduate accumulating the experience required for any licensure under this chapter, provided such graduate or student is designated by a title such as "intern" or "trainee" which clearly indicates the in-training status of the student. (d) Is certified in school psychology by the Department of Education and is performing psychological services as an employee of a public or private educational institution. Such exemption shall not be construed to authorize any unlicensed practice which is not performed as a direct employee of an educational institution. (e) Is not a resident of the state but offers services in this state, provided: - 21 - 1. Such services are performed for no more than 5 days in any month and no more than 15 days in any calendar year; and 2. Such nonresident is licensed or certified by a state or territory of the United States, or by a foreign country or province, the standards of which were, at the date of his or her licensure or certification, equivalent to or higher than the requirements of this chapter in the opinion of the department or, in the case of psychologists, in the opinion of the board. (f) Is a rabbi, priest, minister, or member of the clergy of any religious denomination or sect when engaging in activities which are within the scope of the performance of his or her regular or specialized ministerial duties and for which no separate charge is made, or when such activities are performed, with or without charge, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering service remains accountable to the established authority thereof. (3) No provision of this chapter shall be construed to limit the practice of any individual who solely engages in behavior analysis so long as he or she does not hold himself or herself out to the public as possessing a license issued pursuant to this chapter or use a title or description protected by this chapter. (4) Nothing in this section shall exempt any person from the provisions of s. 490.012(1)(a)-(b). (5) Except as stipulated by the board, the exemptions contained in this section do not apply to any person licensed under this chapter whose license has been suspended or revoked by the board or another jurisdiction. History.--ss. 1, 3, ch. 81-235; s. 36, ch. 82-179; s. 40, ch. 83-216; ss. 1, 3, ch. 83-265; s. 92, ch. 83-329; ss. 11, 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 9, 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 90-263; s. 4, ch. 91-429; s. 114, ch. 92-149; s. 33, ch. 93-39; s. 9, ch. 95-279; s. 505, ch. 97-103; s. 8, ch. 97-198; s. 200, ch. 97-264; s. 156, ch. 98-403; s. 126, ch. 2001-277; s. 62, ch. 2006-227; s. 24, ch. 2010-210. 490.0141 Practice of hypnosis.--A licensed psychologist who is qualified as determined by the board may practice hypnosis as defined in s. 485.003(1). The provisions of this chapter may not be interpreted to limit or affect the right of any person qualified pursuant to chapter 485 to practice hypnosis pursuant to that chapter or to practice hypnosis for nontherapeutic purposes, so long as such person does not hold herself or himself out to the public as possessing a license issued pursuant to this chapter or use a title protected by this chapter. History.--ss. 2, 3, ch. 84-168; ss. 18, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; ss. 115, 127, ch. 92-149; s. 2, ch. 95-279; s. 506, ch. 97-103; s. 210, ch. 2000-160. 490.0143 Practice of sex therapy.--Only a person licensed by this chapter who meets the qualifications set by the board may hold himself or herself out as a sex therapist. The board shall define these qualifications by rule. In establishing these qualifications, the board may refer to the sexual disorder and sexual dysfunction sections of the most current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association or other relevant publications. History.--ss. 12, 19, ch. 87-252; s. 36, ch. 88-392; ss. 12, 13, ch. 89-70; s. 10, ch. 90-192; s. 4, ch. 91-429; s. 507, ch. 97-103. 490.0145 The practice of juvenile sexual offender therapy.--Only a person licensed by this chapter who meets the qualifications set by the board may hold himself or herself out as a - 24 - This page intentionally left blank - 25 - PART B: Chapter 64B19, Florida Administrative Code, Psychology - 26 - This page intentionally left blank - 29 - 4. Chapter 415, F.S. 1 (Protection From Abuse, Neglect, and Exploitation) 5. Chapter 64B19, F.A.C. 12 (Board of Psychology) 6. Chapter 456, F.S. 8 (Health Professions and Occupations: General Provisions) 7. Chapter 39, F.S. 2 (Proceeding Relating to Children) Statistical equating is used to adjust for the level of difficulty of the different examination administrations. After the statistical equating, candidates’ raw scores are converted to a scaled score with a maximum possible score of 800. The minimum passing score shall be a scaled score of 500. (c) The minimum passing score on EPPP shall be 70% correct of the items scored on the examination prior to the October 2000 examination. The minimum passing score on EPPP for the October 2000 examination and thereafter shall be the ASPPB recommended cut-off score. (2)(a) The second part of the licensure examination is an examination consisting of forty (40) objective questions which test knowledge of Florida Statutes and rules relevant to the practice of psychology in this State. The content of the examination is as follows: SUBJECT NO. OF QUESTIONS 1. Chapter 490, F.S. 9 (Psychological Services Act) 2. Section 90.503, F.S. 1 (Psychotherapist-patient privilege) 3. Chapter 394, Part I, F.S. 7 (Florida Mental Health Act) (b) A raw score of thirty-two (32) correct answers (80%) is necessary to pass the second part of the licensure examination. (3) The Board will certify as exempt from the EPPP those applicants who have taken the Association of State and Provincial Psychology Boards’ examination in another state and obtained a score equal to or greater than the score required in paragraph (1)(b) or (c). (4)(a) A candidate for licensure by examination who fails to pass one part of the examination shall only be required to retake and pass that part of the examination which was failed. The application for re-examination of the Florida laws and rules examination shall be made on the Re-Examination Application/Laws and Rules Exam form DH-MQA 1221 (revised 01/14), available from http://www.flrules.org/Gateway/reference.asp?No=Ref-02056 or at the Board office or at http://www.doh.state.fl.us/mqa/psychology, and hereby adopted and incorporated by reference. The application for re-examination of the EPPP shall be made on the Re-Examination Application/National Exam form DH-MQA 1222 (revised 01/14), available from http://www.flrules.org/Gateway/reference.asp?No=Ref- 03269 or at the Board office or at http://www.doh.state.fl.us/mqa/psychology, and hereby adopted and incorporated by reference. Upon notice from the Department’s Testing Services Unit of an applicant’s unsuccessful scores(s), the Board Office will send the appropriate re-examination form(s) to the affected applicant. (b) A passing score on the Florida laws and rules examination shall cease to be valid twenty-four (24) months after the Board’s letter to the applicant advising that the applicant has passed the Florida laws and rules examination. Rulemaking Authority 456.013(1), 456.017(1)(b), (c), 456.0635(2), 490.004(4) FS. Law Implemented 456.017(1)(b), (c), (d), (6), 490.005 FS. History–New 4-4-82, Amended 7-11-84, Formerly 21U-11.03, Amended 2-19-86, 12-30-86, 3-10-87, 11-21-88, 3-5-90, 1-16-92, Formerly 21U-11.003, Amended 6-14-94, Formerly 61F13-11.003, Amended 1-7- 96, 6-26-97, Formerly 59AA-11.001, Amended 2-21-99, 5-1-00, 1-10-01, 8-5-01, 4-26-04, 5-10-05, 2-24-10, 6-7-12, 12-25-12, 10-28-13, 11-4-13, 6-10-14. - 30 - 64B19-11.0035 Licensure by Examination: Proof Satisfactory to the Board for the Purpose of Determining Eligibility for Examination. (1) The following proof is satisfactory to the Board for the purpose of showing that the applicant has received a Ph.D. in Psychology, a Psy.D., or an Ed.D. in Psychology from an institution of higher learning recognized and approved by the U.S. States Department of Education or recognized as a member in good standing with the Association of Universities and Colleges of Canada: a true copy of the applicant’s transcript confirming same and sent directly to the Board from an institution of higher learning accredited by a regional accrediting agency recognized and approved by the U.S. Department of Education or the Association of Universities and Colleges of Canada. (2) The following proof is satisfactory to the Board for the purpose of showing that the applicant’s degree obtained in the United States or Canada was obtained from a psychology program accredited by a programmatic accrediting agency recognized and approved by the U.S. Department of Education: a true copy of the applicant’s transcript confirming same from a doctoral psychology program accredited by an accrediting agency recognized and approved by the United States Department of Education. (3) The following proof is satisfactory to the Board for the purpose of showing that the applicant’s degree obtained outside of the United States or Canada was equivalent to a Ph.D. in psychology, a Psy.D., or an Ed.D. in psychology and was obtained from a program equivalent to a program accredited by a programmatic accrediting agency recognized and approved by the U.S. Department of Education: an original, signed letter on official letterhead confirming same and sent directly to the Board from the director of a doctoral psychology program accredited by the accrediting agency recognized and approved by the United States Department of Education. The letter shall enumerate the exact documents that were reviewed in determining comparability or augmentation. The Board shall also require the validation of degree and internship equivalence performed by a credentials’ evaluation service acceptable to the Board. Rulemaking Authority 490.004(4), 490.005(1)(b) FS. Law Implemented 490.003(3), 490.005(1)(b) FS. History–New 1- 7-96, Formerly 59AA-11.0035, Amended 12-4-97, 9-20-98, 11-24-98, 1-25-00, 10-12-11. 64B19-11.004 Licensure by Examination: Additional Educational Requirements for Initial Licensure. Before licensure, each applicant shall comply with the requirements of Section 456.013(7), F.S., regarding instruction on prevention of medical errors. Rulemaking Authority 456.013(7), 456.031, 490.004(4) FS. Law Implemented 456.013(7), 456.031 FS. History–New 8-12-90, Amended 11-18-92, 7-14-93, Formerly 21U-11.0063, Amended 6-14-94, Formerly 61F13-11.0063, Amended 1-7-96, Formerly 59AA-11.004, Amended 8-3-97, 3-24-02, 6-26-02, 12-31-06. 64B19-11.005 Supervised Experience Requirements. The law requires 4,000 hours of supervised experience for licensure. The Board recognizes that the applicant’s internship satisfies 2,000 of those hours. This rule concerns the remaining 2,000 hours. (1) Definitions. Within the context of this rule, the following definitions apply: (a) “Association” or “in association with”: the supervisory relationship between the supervisor and the psychological resident. (b) “Psychology Resident or Post-Doctoral Fellow.” A psychology resident or post-doctoral fellow is a person who has met Florida’s educational requirements for licensure and intends from the outset of the supervised experience to meet that part of the supervised experience requirement for licensure which is not part of the person’s internship. (c) “Supervisor.” A supervisor is either a licensed Florida psychologist in good standing with the Board, or a doctoral-level psychologist licensed in good standing in another state or United States territory providing supervision for licensure in that state or territory. However, where the psychology resident or post-doctoral fellow is on active duty with the armed services of the United States, or employed full time by the United States as a civilian psychology resident or post-doctoral fellow to provide services to the armed services or to - 31 - a veterans administration facility, the supervisor may be a doctoral-level psychologist licensed in good standing in any state or territory, regardless of where the supervision is conducted. (c) All applicants for licensure shall use the title psychology resident or post-doctoral fellow until licensed as a psychologist. (d) The psychology resident or post-doctoral fellow shall inform all service users of her or his supervised status and provide the name of the supervising psychologist. Consultation reports and summaries shall be co-signed by the supervising psychologist. Progress notes may be co-signed at the discretion of the supervision psychologist. (2) Requirements and Prohibitions. All applicants for licensure must complete at least 2,000 hours of post-doctoral experience under a supervisor whose supervision comports with subsection (3) of this rule. (a) There may be no conflict of interest created by the supervisory association and no relationship may exist between the supervisor and the psychological resident except the supervisory association. (b) A psychology resident or post-doctoral fellow may be supervised by more than one supervisor, at more than one location. If there is more than one supervisor, however, then one of the supervisors must be identified as the primary supervisor. The primary supervisor shall be the supervisor who enters into the agreement with the applicant for licensure, for supervision, and who integrates all of the applicant’s supervisory experiences. (c) The post-doctoral training must be a cohesive and integrated training experience which includes the following criteria: 1. It averages at least twenty (20) hours a week over no more than one hundred and four (104) weeks. Alternatively, it averages no more than forty (40) hours a week over no more than fifty-two (52) weeks; 2. It requires at least 900 hours in activities related to direct client contact; 3. It includes an average of at least two (2) hours of clinical supervision each week, at least one (1) hour of which is individual face-to-face supervision. (3) Supervisors’ Responsibilities. The Board requires each primary supervisor to perform and to certify that the primary supervisor has: (a) Entered into an agreement with the applicant for licensure, which details the applicant’s obligations and remuneration as well as the supervisor’s responsibilities to the applicant; (b) Determined that the psychology resident or post-doctoral fellow was capable of providing competent and safe psychological service to that client; (c) Maintained professional responsibility for the psychology resident or post-doctoral fellow’s work; (d) Provided two (2) hours of clinical supervision each week, one (1) hour of which was individual, face-to-face supervision; (e) Prevailed in all professional disagreements with the psychology resident or post-doctoral fellow; (f) Kept informed of all the services performed by the psychology resident or post-doctoral fellow; (g) Advised the Board if the supervisor has received any complaints about the psychology resident or post-doctoral fellow or has any reason to suspect that the resident is less than fully ethical, professional, or qualified for licensure. (h) When there is more than one supervisor, pursuant to paragraph (2)(b) above, the primary supervisor shall provide the Board with a written statement describing the manner in which the training and supervision comprised a cohesive and integrated experience. (4) Until licensure, an individual who completes post doctoral training residency may continue to practice under supervision so long as the individual does so in the manner prescribed by this rule and so long as the individual has applied for licensure and no final order of denial has been entered in the application case before the Board. Rulemaking Authority 490.004(4) FS. Law Implemented 490.005(1) FS. History–New 11-18-92, Amended 7-14-93, Formerly 21U-11.007, Amended 6-14-94, Formerly 61F13-11.007, Amended 1-7-96, Formerly 59AA-11.005, Amended 12-4-97, 8-5-01, 7-27-04, 3-4-10, 8-15-11, 9-24-13. 64B19-11.006 Incomplete Applications. - 34 - 490.004(4), 490.0051, 490.009 FS. History–New 1-27-98, Amended 3-24-02, 9-8-03, 5-24-09, 3-1-10, 6-18-12, 12-25- 12, 10-28-13, 6-10-14. *64B19-11.012 Application Forms. (1) All applicants for licensure pursuant to Chapter 490, F.S., shall complete and submit form DH- MQA 1187, (Revised 06/14), “Application for Psychologist Licensure,” which is incorporated herein by reference and which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-02059, the Board office, or at http://www.doh.state.fl.us/mqa/psychology. (2) All applicants for licensure pursuant to Chapter 490, F.S., who have ever held a license to practice psychology or a related profession shall complete and submit PY FORM 1.VERIF (rev. 10/01), “Licensure/Certification Verification Form,” effective 6-25-02, which is incorporated herein by reference and which may be obtained from the Board office. (3) An applicant who is a diplomate in good standing with the American Board of Professional Psychology, Inc., and who wishes to apply for licensure by endorsement pursuant to Section 490.006(1)(b), F.S., shall submit as part of his or her application PY FORM 4.abpp (rev. 10/01), “ABPP Diplomate Verification Form,” effective 6-25-02, which is incorporated herein by reference and which may be obtained from the Board office. (4) All applicants for licensure other than those applying for licensure pursuant to Section 490.006, F.S., shall complete and submit Form DH-MQA 1246, “Supervising Psychologist Verification Form,” (Revised 01/11), which is incorporated herein by reference and which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-00665, from the Board office, or on the Board’s website at http://www.doh.state.fl.us/mqa/psychology. Rulemaking Authority 490.004(4) FS. Law Implemented 490.005, 490.006(1)(b), 490.007(1) FS. History–New 6-25- 02, Amended 5-24-09, 3-1-10, 5-23-10, 11-10-11, 6-18-12, 12-25-12, 10-28-13, 5-1-14, 11-2-14. CHAPTER 64B19-12 FEES *64B19-12.002 Application and Examination Fee for Licensure by Examination; Review Fee 64B19-12.003 Reexamination Fee *64B19-12.004 Application Fee for Licensure by Endorsement *64B19-12.0041 Initial Fee for Licensure *64B19-12.005 Biennial Active Renewal Fee 64B19-12.006 Reactivation Fee and Change of Status Fee *64B19-12.007 Biennial Inactive Renewal Fee 64B19-12.0075 Biennial Limited License Renewal Fee 64B19-12.0085 Delinquency Fee 64B19-12.009 Continuing Education Provider Fees 64B19-12.010 Fee for Duplicate License 64B19-12.011 Fee to Enforce Prohibition Against Unlicensed Activity 64B19-12.012 Fee for Provisional Licensure 64B19-12.013 Retired Status Fee *64B19-12.002 Application and Examination Fee for Licensure by Examination; Review Fee. (1) The application fee for licensure by examination is $200.00. (2) When the board certifies the applicant to sit for the examination, it is the applicant’s responsibility to complete the examination process with the national vendor. (3) In addition to the application fee specified above, each applicant for certification for examination shall submit a laws and rules examination fee of $85.00. (4) An applicant who fails to take the laws and rules examination for which the applicant is initially scheduled shall remit the examination fee required by Rule 64B19-12.003, F.A.C., again before being - 35 - allowed to sit for the next subsequent examination. (5) An applicant who wishes to review the applicant’s own Florida laws and rules examination shall remit a fee of $85.00. Rulemaking Authority 456.013(2), 490.004(4), 490.005(1)(a) FS. Law Implemented 456.013(2), 456.017, 490.005(1)(a) FS. History–New 2-22-82, Amended 7-2-84, Formerly 21U-12.02, Amended 11-21-88, 8-12-90, 1-16- 92, Formerly 21U-12.002, Amended 10-12-93, 6-14-94, Formerly 61F13-12.002, Amended 1-7-96, 6-26-97, Formerly 59AA-12.002, Amended 12-3-98, 6-28-00, 8-8-01, 2-12-04, 10-31-05, 1-28-07, 2-18-10, 5-23-10, 4-17-12, 7-15-13, 11-5- 14. *64B19-12.003 Reexamination Fee. The reexamination fee for only the Florida laws and rules examination is $85.00. Additional fees will be required by the examination vendor. Rulemaking Authority 456.017(2), 490.004(4) FS. Law Implemented 456.017(1)(c), (2) FS. History–New 2-22-82, Amended 7-11-84, Formerly 21U-12.03, Amended 7-18-88, 8-12-90, 1-16-92, Formerly 21U-12.003, Amended 10- 12-93, Formerly 61F13-12.003, Amended 1-7-96, Formerly 59AA-12.003, Amended 12-3-98, 1-10-01, 8-8-01, 2-12- 04, 10-31-05, 4-8-07, 2-18-10, 4-17-12. 64B19-12.004 Application Fee for Licensure by Endorsement. The application fee for a psychology license by endorsement is $200.00 Rulemaking Authority 490.004(4) FS. Law Implemented 490.006(1) FS. History–New 2-22-82, Amended 5-12-82, Formerly 21U-12.04, Amended 8-12-90, Formerly 21U-12.004, Amended 6-14-94, Formerly 61F13-12.004, Amended 1-7- 96, Formerly 59AA-12.004, Amended 6-28-00, 5-23-10, 7-15-13, 11-5-14. . 64B19-12.0041 Initial Fee for Licensure. The initial fee for licensure is $100.00 Rulemaking Authority 456.013(2), 490.004(4) FS. Law Implemented 456.013(2), 490.005(1)(a), 490.006(1) FS. History–New 7-7-86, Amended 6-1-89, 1-16-92, Formerly 21U-12.0041, Amended 6-14-94, Formerly 61F13-12.0041, Amended 1-7-96, Formerly 59AA-12.0041, Amended 1-25-00, 8-8-01, 4-16-02, 1-2-06, 5-23-10, 7-15-13, 11-5-14. 64B19-12.005 Biennial Active Renewal Fee. The fee for renewal of an active license is $295. The fee for renewal of a limited license is $25.00, unless the applicant submits a notarized statement from the applicant’s employer stating that the applicant will not receive monetary compensation for any service involving the practice of psychology, in which case there will be no fee. Rulemaking Authority 456.015(1), (4), 456.025(1), 490.004(4), 490.007(1) FS. Law Implemented 456.015, 456.025(1), (4), 490.007(1) FS. History–New 2-22-82, Formerly 21U-12.05, Amended 6-1-89, Formerly 21U-12.005, Amended 6-14-94, Formerly 61F13-12.005, Amended 1-7-96, Formerly 59AA-12.005, Amended 12-3-98, 8-8-01, 10- 10-11, 11-5-14. 64B19-12.006 Reactivation Fee and Change of Status Fee. The fee for reactivation of an inactive or retired status license is $50.00. Upon any change of status, including the election of retired status, a $50.00 change of status fee shall be charged. Such fee(s) shall be in addition to the biennial licensure fee, if any, as prescribed in Rule 64B19-12.005, F.A.C. Rulemaking Authority 456.036(4) FS. Law Implemented 456.025, 456.036(4), (8) FS. History–New 1-29-84, Formerly 21U-12.06, Amended 1-4-88, 6-1-89, 8-12-90, Formerly 21U-12.006, 61F13-12.006, Amended 1-7-96, 6-26-97, - 36 - Formerly 59AA-12.006, Amended 1-10-01, 1-2-06. 64B19-12.007 Biennial Inactive Renewal Fee. The fee for renewal of an inactive license is $295. Rulemaking Authority 456.036(3) FS. Law Implemented 456.036(3) FS. History–New 1-19-84, Formerly 21U-12.07, Amended 1-4-88, 6-1-89, 8-12-90, Formerly 21U-12.007, 61F13-12.007, Amended 1-7-96, Formerly 59AA-12.007, Amended 8-8-01, 10-10-11, 11-5-14. 64B19-12.0075 Biennial Limited License Renewal Fee. The fee for renewal of an inactive limited license is $25.00. Rulemaking Authority 456.036(3) FS. Law Implemented 456.036(3) FS. History–New 10-26-08. 64B19-12.0085 Delinquency Fee. If an active or inactive license is not renewed on time, the licensee shall pay a delinquency fee of $400.00. If a limited license is not renewed on time, the licensee shall pay a delinquency fee of $25.00. Rulemaking Authority 456.036(7) FS. Law Implemented 456.036(7) FS. History–New 1-7-96, Formerly 59AA- 12.0085, Amended 8-8-01, 6-8-08. 64B19-12.009 Continuing Education Provider Fees. (1) The application fee and the renewal fee for Board approval of a continuing education provider is $250.00. (2) The application or renewal fee shall be paid to the Department of Health by May 31 of every even numbered year. Rulemaking Authority 490.0085(4) FS. Law Implemented 490.0085(4) FS. History–New 10-14-87, Amended 6-23-91, 10-28-92, Formerly 21U-12.011, 61F13-12.011, Amended 1-7-96, Formerly 59AA-12.009, Amended 9-20-98, 8-8-01, 6-16-03, 12-25-12. 64B19-12.010 Fee for Duplicate License. The fee for a duplicate license is $25.00. Rulemaking Authority 456.025(10), 490.004(4), (5) FS. Law Implemented 456.025(10) FS. History–New 5-10-92, Formerly 21U-12.012, 61F13-12.012, Amended 1-7-96, Formerly 59AA-12.010. 64B19-12.011 Fee to Enforce Prohibition Against Unlicensed Activity. As of July 1, 1993 each initial licensee and each renewing licensee shall pay $5.00 in addition to the fee for initial licensure and licensure renewal to fund the efforts of the Department of Health to combat unlicensed activity. Rulemaking Authority 456.065 FS. Law Implemented 456.065 FS. History–New 1-28-93, Formerly 21U-12.013, 61F13-12.013, Amended 6-26-97, Formerly 59AA-12.011. 64B19-12.012 Fee for Provisional Licensure. The non-refundable application fee for a provisional license shall be two hundred fifty dollars ($250.00). The initial licensure fee for a provisional license shall be two-hundred fifty dollars ($250.00). Rulemaking Authority 456.013, 490.003(6), 490.004(4), 490.0051 FS. Law Implemented 456.013, 456.013(2), 490.003(6), 490.004(4), 490.0051 FS. History–New 12-4-97, Amended 9-26-01, 7-15-13. 64B19-12.013 Retired Status Fee. The fee for retired status is $50.00. An active status licensee or inactive status licensee who chooses retired status at any time other than at the time of license renewal must pay the retired status fee plus a - 39 - • Obtaining or providing supervision or consultation from or under a psychologist or other professional who is not a Board approved continuing psychological education provider; • Home study except from providers approved by the American Psychological Association or any of its affiliates. (3) As a condition of biennial licensure renewal, each licensee must complete forty (40) hours of continuing psychological education. • (a) Three (3) of the forty (40) hours must be on professional ethics and Florida Statutes and rules affecting the practice of psychology. Of those three hours, at least one hour shall be on professional ethics, and at least one hour shall be on Florida laws and rules relevant to the practice of psychology and shall include Chapters 456 and 490, F.S. and Rule Chapter 64B19, F.A.C. (b) Two (2) of the forty (40) hours must relate to prevention of medical errors. In addition to the study of root-cause analysis, error reduction and prevention, and patient safety, the course content shall also be designed to discuss potential errors within a psychological setting, such as inadequate assessment of suicide risk, failure to comply with mandatory abuse reporting laws, and failure to detect medical conditions presenting as a psychological disorder. If the course is offered by a facility licensed pursuant to Chapter 395, F.S., for its employees, the Board will approve up to one (1) hour of the two (2) hour course to be specifically related to error reduction and prevention methods used in that facility. • (c) Passage of the laws and rules examination of the Board constitutes forty (40) hours of continuing education credit, including credit for professional ethics and Florida Statutes and rules affecting the practice of psychology. Passage of the laws and rules examination, however, does not satisfy the requirement for the two (2) credit hours of continuing education on domestic violence required every third biennial licensure renewal period, nor the requirement for two (2) hours relating to prevention of medical errors. (4) The licensee shall maintain, and make available upon request, documentation to substantiate continuing psychological education credit required by the Board. The licensee shall retain such documentation for two (2) years following the renewal period during which the continuing psychological education credit was required. (5) Every six years, each licensee shall complete two (2) hours of continuing psychological education on domestic violence as defined in Section 741.28, F.S.; these two (2) hours shall be part of the forty (40) hours otherwise required for each biennial licensure renewal. The licensee shall maintain documentation to substantiate timely completion of these two (2) hours and make said documentation available upon request every third biennial licensure renewal period. Rulemaking Authority 456.013(7),(9), 490.004(4), 490.0085(4) FS. Law Implemented 456.013(7), 490.007(2), 490.0085(1), (3) FS. History–New 1-28-93, Amended 7-14-93, Formerly 21U-13.0042, Amended 6-14-94, Formerly 61F13-13.0042, Amended 2-8-96, 11-18-96, Formerly 59AA-13.003, Amended 1-10-01, 8-5-01, 5-21-02, 6-3-04, 1-2- 06, 12-31-06, 2-24-08, 5-26-08, 1-7-09, 11-8-10, 3-18-14. 64B19-13.004 Board Approval of Continuing Psychological Education Providers. (1) To obtain or renew provider status, the applicant must demonstrate to the Board’s satisfaction that the programs to be offered by the applicant will: (a) Enhance psychological skills or psychological knowledge; (b) Be of sufficient duration to adequately address the subject matter of the program; (c) Be taught by an individual who has at least two (2) years of education or research in, or practical application of, the subject matter of the program. (2) To allow the Board to evaluate the prospective provider’s initial application, the applicant must submit the following: (a) A narrative description of one (1) program to be offered by the provider to psychologists for credit. The narrative must include sufficient information to show that the program meets the criteria of subsection (1) of this rule. The narrative must also include research to be relied upon in the presentation of the program; - 40 - (b) All promotional material concerning that program; (c) The learning objectives of the program; (d) The name of the instructor for the program; (e) The qualifications of the instructor to conduct that program; (f) A sample of the program evaluation form to be completed by each program attendee; (g) A sample certificate of completion; (h) A nonrefundable application fee of $250. The application fee shall be waived for continuing education providers that are currently approved by the board to provide continuing education courses. (3) The “enhancement of psychological skills or knowledge” occurs only when the program increases the ability of licensed psychologists to deliver psychological services to the public. Such programs presume a basic level of psychological education and training that is beyond the undergraduate level. The program may focus on the further development of already existing psychological skills or knowledge. The program may encourage interdisciplinary approaches to the delivery of psychological services. The program may introduce recent scientific findings in an area that impacts on the practice of psychology, or the program may focus on a specific area of expertise not covered by general psychological education and training. As a general rule, a program that is designed to appeal to the general public will probably not be a program that will enhance psychological skills or knowledge. Rulemaking Authority 490.004(4), 490.0085(4) FS. Law Implemented 490.007(2), 490.0085(1), (3) FS. History–New 1-28-93, Formerly 21U-13.005, Amended 6-14-94, Formerly 61F13-13.005, Amended 1-7-96, Formerly 59AA-13.004, Amended 7-18-13. *64B19-13.005 Obligations of Continuing Psychological Education Providers. (1) To maintain status as a continuing psychological education provider, the provider must: (a) Require each program attendee to remain for the entire program in order to receive any continuing psychological education credit for the program; (b) Provide each program attendee with an evaluation form which contains the following 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; (c) Retain originals of program evaluation forms for three (3) years from the date on which the program is conducted and provide those forms to the Board upon request; (d) Ensure that all promotional material offered to psychologists for credit by the provider contains the name of the provider to which the provider number was issued, and the provider number assigned to that provider; (e) Send to the Board office, so that it is received at least one (1) week before the first date on which the program is to be offered to psychologists for credit, all promotional material concerning any program that has not previously been reviewed by the Board; (f) Allow only one hour of continuing psychological education credit for each hour of instruction that is no less or no more than fifty (50) minutes of instruction; (g) Notify the Board within two (2) weeks of any change in the address of the provider; (h) Give the Board thirty (30) days advance notice of any significant change in the programs on file with the Board; (i) Maintain active status as a continuing psychological education provider by conducting at least one (1) program a year for psychologists, renewing provider status each biennium, and paying the biennial renewal fee required by Rule 64B19-12.009, F.A.C., so that it is postmarked no later than the last date of the biennial renewal period; (j) Allow the Department of Health and the Board’s designee to have access to information concerning programs conducted by the provider for continuing psychological education credit to psychologists for credit; and (k) Provide to psychologists those programs that meet the criteria of subsection 64B19-13.004(1), - 41 - F.A.C. (2) Nothing in this rule shall be construed to mean that co-sponsorship are not allowed. Co- sponsorships are allowed but the Board will hold the provider responsible. Rulemaking Authority 490.004(4), 490.0085(4) FS. Law Implemented 490.007(2), 490.0085(1), (3) FS. History– New 1-28-93, Formerly 21U-13.006, Amended 6-14-94, Formerly 61F13-13.006, Amended 1-7-96, Formerly 59AA- 13.005, Amended 8-5-01, 12-25-12. 64B19-13.006 Definitions. (1) “One hour” of continuing psychological education credit consists of no less than fifty (50) uninterrupted minutes of education. (2) A “significant change” would be the title of the program, the content of the program, the name or the qualifications of the program instructor, the number of continuing psychological education credits allowed for the program, and the length of time in which the program is conducted. (3) “Substantiation” for the purpose of providing evidence of completion of continuing psychological education programs includes a certificate from the American Psychological Association verifying the psychologist’s attendance at a program sponsored by the American Psychological Association, a letter from the instructor verifying the psychologist’s completion of a graduate level course in psychology taught by that instructor at a regionally accredited university or professional school, or the provider number and a certificate of completion verifying attendance at a program sponsored by a provider approved by the Board, receipt for paid registration at a state, regional or national psychology convention or conference, certificate of diplomate status, program bulletin listing the licensee as a presenter or moderator, a letter from the Executive Director of the Board confirming full attendance at a Business Meeting of the Board, or a letter or certificate of completion from the internship director. (4) “Programs” include workshops, presentations, seminars, colloquia, and symposia. (5) “Promotional materials” are written documents designed to attract an audience. Rulemaking Authority 456.013(7), (9), 490.004(4), 490.0085(4) FS. Law Implemented 490.007(2), 490.0085(1), (3) FS. History–New 1-28-93, Formerly 21U-13.007, Amended 6-14-94, Formerly 61F13-13.007, Amended 1-7-96, Formerly 59AA-13.006. 64B19-13.007 Evaluations of Providers. (1) The Board shall evaluate continuing psychological education programs offered to psychologists for credit by: (a) Attending such programs; or (b) Reviewing the files of the provider to gain information about any program offered to psychologists for credit; or (c) Asking program attendees to provide the Board with their evaluations of the program. (2) The Board will not revoke the continuing psychological education credit given to any psychologist for completion of any continuing psychological education program about which any psychologist registers a complaint with the Board. Rulemaking Authority 456.013(7), 490.004(4), 490.0085(4) FS. Law Implemented 490.007(2), 490.0085(1), (3) FS. History–New 1-28-93, Formerly 21U-13.008, Amended 6-14-94, Formerly 61F13-13.008, 59AA-13.007. 64B19-13.008 Duration of Provider Status. (1) Continuing psychological education providers are approved only for the biennium during which they apply or for which they have been renewed by the Board. (2) The Board is under no obligation to allow a provider to continue offering programs to psychologists for credit if the provider fails to follow the Board’s rules regarding the provision of continuing education credit. (3) The Board will not renew the continuing psychological education provider status of any provider who has failed to follow the Board’s rules regarding the provision of programs to psychologists for credit. - 44 - shall be on the panel for reconsideration of that case if reconsideration is requested by the prosecutor. Specific Authority 456.073(2), (4), 490.004(4) FS. Law Implemented 456.073(2), (4) FS. History–New 5-12-82, Formerly 21U-15.03, Amended 7-18-88, 11-18-92, Formerly 21U-15.003, Amended 6-14-94, Formerly 61F13-15.003, Amended 1-7-96, Formerly 59AA-16.001, Amended 11-23-97. 64B19-16.003 Sexual Misconduct in the Practice of Psychology. (1) In accordance with the intent of Chapter 490, Florida Statutes, to preserve the health, safety and welfare of the public, sexual misconduct as defined herein is prohibited. The Board finds that the effects of the psychologist-client relationship are powerful and subtle and that clients are influenced consciously and subconsciously by the unequal distribution of power inherent in such relationships. The Board also finds that sexual intimacies with a former client are frequently harmful to the client, and that such intimacies undermine public confidence in the psychology profession and thereby deter the public’s use of needed services. Furthermore, the Board finds that the effects of the psychologist-client relationship endure after psychological services cease to be rendered. Therefore, the client shall be presumed incapable of giving valid, informed, free consent to sexual activity involving the psychologist and the assertion of consent by the client shall not constitute a defense against charges of sexual misconduct. (2) It shall constitute sexual misconduct for a psychologist, who is involved in a psychologist-client relationship, to engage, attempt to engage, or offer to engage the client in sexual intercourse or other sexual behavior. Sexual behavior includes, but is not limited to, kissing, or the touching by either the psychologist or the client of the other’s breasts or genitals. (3) It shall constitute sexual misconduct for a psychologist, who is involved in a psychologist-client relationship, to engage the client in verbal or physical behavior which is sexually arousing or demeaning to the client unless: (a) Such behavior is for the purpose of treatment of psycho-sexual disorders or dysfunctions; and (b) Such behavior complies with generally accepted professional standards for psychological treatment of the client’s specific psycho-sexual disorders or dysfunctions. (4) It shall constitute sexual misconduct for a psychologist who is involved in a psychologist-client relationship to use the influence inherent in that relationship to induce the client to engage in sexual conduct with a third party unless: (a) Such inducement is consistent with the planned psychological treatment of the client’s specific psychological, social, or sexual dysfunctions or disorders; and (b) Treatment is provided in accordance with generally accepted professional standards for psychological treatment. (5) A psychologist-client relationship exists whenever a psychologist has rendered, or purports to have rendered, psychological services including, but not limited to, psychotherapy, counseling, assessment or treatment to a person. A formal contractual relationship, the scheduling of professional appointments, or payment of a fee for services are not necessary conditions for the existence of a psychologist-client relationship, though each of these may be evidence that such a relationship exists. (a) The determination of when a person is a client for purposes of this rule is made on a case by case basis with consideration given to the nature, extent, and context of the professional relationship between the psychologist and the person. The fact that a person is not actively receiving treatment or professional services from a psychologist is not determinative of this issue. A person is presumed to remain a client until the psychologist-client relationship is terminated. (b) The mere passage of time since the client’s last visit to the psychologist is not solely determinative of whether or not the psychologist-client relationship has been terminated. Some of the factors considered by the Board in determining whether the psychologist-client relationship has terminated include, but are not limited to, the following: 1. Formal termination procedures; 2. Transfer of the client’s case to another psychologist; 3. The length of time that has passed since the client’s last visit to the psychologist; 4. The nature and duration of the professional relationship; - 45 - 5. The extent to which the client has confided personal or private information to the psychologist; 6. The nature of the client’s personal history; 7. The degree of emotional dependence that the client has on the psychologist; 8. The circumstances of termination of the professional relationship; 9. The client’s current mental status; 10. The likelihood of adverse impact on the client and others; and 11. Any statements or actions by the psychologist during the provision of psychological services suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the client. (c) Sexual conduct between a psychologist and a former client after termination of the psychologist-client relationship will constitute a violation of the Psychological Services Act if the sexual contact is a result of the exploitation of trust, knowledge, influence or emotions, derived from the professional relationship. (d) A client’s consent to, initiation of, or participation in sexual behavior or involvement with a psychologist does not change the nature of the conduct nor lift the statutory prohibition. (e) Upon a finding that a psychologist has committed unprofessional conduct by engaging in sexual misconduct, the Board will impose such discipline as the Board deems necessary to protect the public. The sanctions available to the Board are set forth in Rule 64B19-17.002, F.A.C., and include restriction or limitation of the psychologist’s practice, revocation or suspension of the psychologist’s license. Specific Authority 490.0111 FS. Law Implemented 490.009(2)(k), 490.0111, FS. History–New 6-23-82, Formerly 21U- 15.04, Amended 12-21-86, Formerly 21U-15.004, 61F13-15.004, 59AA-16.003, Amended 5-14-01. CHAPTER 64B19-17 DISCIPLINE 64B19-17.002 Disciplinary Guidelines 64B19-17.0025 Payment of Fine 64B19-17.003 Advertising 64B19-17.0035 Minor Misconduct; Notices of Noncompliance 64B19-17.004 Citations 64B19-17.007 Mediation 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. PENALTY RANGE VIOLATION FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE (a) Attempting to obtain, or renewing a license by bribery or fraudulent misrepresentation Revocation or permanent denial of licensure and $10,000 fine. Revocation or permanent denial of licensure, and $10,000 fine. Revocation or permanent denial of licensure, and $10,000 fine. - 46 - (Sections 490.009(1)(a) and 456.072(1)(h), F.S.) If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. If unintentional, then from granting licensure with Probation to Suspension or denial of licensure for a minimum of 2 years to Revocation or permanent denial of licensure, and fine up to $10,000. (b) License disciplined by another jurisdiction (Sections 490.009(1)(b) and 456.072(1)(f), F.S.) Imposition of discipline that would have been imposed had the violation occurred in Florida and fine of up to $10,000. Imposition of discipline that would have been imposed had the violation occurred in Florida and fine of up to $10,000. Revocation and a $10,000 fine. Case of Applicant From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. Permanent denial of license (c) Criminal conviction relating to psychology (Sections 490.009(1)(c) and 456.072(1)(c), F.S.) From Suspension and a fine up to $10,000 to Revocation. From Suspension and a $10,000 fine to Revocation. Revocation. Case of Applicant From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. Permanent denial of license. (d) False, deceptive or misleading advertising (Sections 490.009(1)(d) and 456.072(1)(m), F.S.) From Reprimand and Probation to Suspension, and a $10,000 fine. If unintentional, from Reprimand and a $1,000 fine to Probation and a fine up to $5,000. From Reprimand and Suspension to Revocation, and a $10,000 fine. If unintentional, from Reprimand, Probation and a $5,000 fine to Suspension and a fine up to $10,000. Revocation and a $10,000 fine. If unintentional, from Suspension to Revocation, and a $10,000 fine. (e) Advertising, From Reprimand and From Reprimand and Revocation and a - 49 - (t) Delegating professional responsibilities (Sections 490.009(1)(s) and 456.072(1)(p), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (u) Violating any lawful order (Sections 490.009(1)(t) and 456.072(1)(q), F.S.) Suspension until compliance and a fine from $1,000 up to $10,000. Suspension until compliance and a fine from $1,000 up to $10,000. Revocation. (v) Failing to maintain confidence (Section 490.009(1)(u), F.S.) Reprimand and a fine from $1,000 up to $5,000. From Reprimand to Revocation, and a fine from $5,000 up to $10,000. Revocation and $10,000 fine. (w) Identifying or damaging research clients (Section 490.009(1)(v), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (x) Failure to comply with continuing education for domestic violence. (Section 456.072(1)(s), F.S) $250 fine and Suspension until compliance. Reprimand, $500 fine and Suspension until compliance. Reprimand, $1,000 fine and Suspension until compliance. (y) Exercising influence on the patient or client for financial gain (Section 456.072(1)(n), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (z) Improperly interfering with an investigation (Section 456.072(1)(r), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. Case of Applicant From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. From granting licensure with Probation or denial of licensure for up to 2 years to permanent denial of licensure, and fine up to $10,000. Permanent denial of license. - 50 - (aa) Performing or attempting to perform wrong health care services (Section 456.072(1)(bb), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (bb) Termination from impaired practitioner treatment program (Section 456.072(1)(hh), F.S.) From Suspension and a fine up to $10,000 to Revocation. From Suspension and a fine up to $10,000 to Revocation. Revocation. (cc) Failure to identify through written notice, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the partictioner holds. (Section 456.072(1)(e), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (dd) Failure to report another licensee in violation. (Section 456.072(1)(i), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (ee) Practicing beyond scope permitted. (Section 456.072(1)(o), F.S.) From Reprimand and a $1,000 fine to Revocation and a fine up to $10,000. From Reprimand, Suspension, and a $5,000 fine to Revocation and a fine up to $10,000. Revocation and a $10,000 fine. (ff) Failing to report to the Board within thirty (30) days after the licensee has been convicted of a crime in any jurisdiction. (Section 456.072(1)(x), F.S. From a Reprimand and an administrative fine up to $1,000.00. From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00. From Suspension to Revocation of license, and an administrative fine up to $10,000.00. (gg) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, Revocation and a fine of $10,000, or in the case of application for licensure, denial of license. - 51 - regardless of adjudication, under 18 USC s. 669, ss. 285- 287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.) (hh) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (Section 456.072(1)(jj), F.S.) From a Reprimand to Probation of the license, and an administrative fine up to $1,000.00. From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00. From Suspension to Revocation of license, and an administrative fine up to $10,000.00 (ii) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.) From a Reprimand of the license and an administrative fine up to $1,000.00 to Revocation and a fine up to $10,000. From a Reprimand to Suspension of license, and an administrative fine up to $5,000.00 up to Revocation and a fine up to $10,000. From Suspension to Revocation of license, and an administrative fine of $1,000.00 to $5,000.00 up to Revocation and a fine up to $10,000. (jj) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (Section 456.072(1)(ll), F.S.) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license. (2) Based upon consideration of aggravating and mitigating factors present in an individual case, the Board 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; - 54 - 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). Rulemaking 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. CHAPTER 64B19-18 SCOPE OF PRACTICE, CONSENT, FORENSIC EVALUATIONS TO ADDRESS MATTERS RELATING TO CHILD CUSTODY 64B19-18.001 Qualifications to Evaluate and Treat Sex Offenders as a "Qualified Practitioner" (Repealed) 64B19-18.002 Use of the Title Sex Therapist 64B19-18.0025 Qualifications to Practice Juvenile Sexual Offender Therapy 64B19-18.003 Qualifications to Practice Hypnosis 64B19-18.004 Use of Test Instruments 64B19-18.005 Consent for Treatment of Minors *64B19-18.007 Requirements for Forensic Psychological Evaluations of Minors for the Purpose of Addressing Custody, Residence or Visitation Disputes 64B19-18.008 Board Approval of Specialty Certifying Bodies 64B19-18.001 Qualifications to Evaluate and Treat Sex Offenders as a “Qualified Practitioner”. Rulemaking Authority 490.004(4), 947.005(9), 948.001(6) FS. Law Implemented 947.005(9), 948.001(6) FS. History– New 10-23-06, Repealed 1-29-08. 64B19-18.002 Use of the Title Sex Therapist. Prior to holding oneself out as a sex therapist, a psychologist must have received training in the provision of psychological health services and shall have completed a minimum of 150 clock hours of education which meets the requirements of Rule 64B19-13.003, F.A.C., in the specific area of sex therapy and in the interaction between sex therapy and the general provision of psychological health services. Rulemaking Authority 490.004(4), 490.0143 FS. Law Implemented 490.003(4), 490.0143 FS. History–New 7-11-89, Formerly 21U-20.002, 61F13-20.002, 59AA-18.002, Amended 9-18-97. - 55 - 64B19-18.0025 Qualifications to Practice Juvenile Sexual Offender Therapy. Effective December 31, 2005, a psychologist, prior to practicing juvenile sexual offender therapy, must be a Florida licensed psychologist, except as otherwise provided within Section 490.012, F.S. The psychologist shall have education, training, and experience that demonstrates competency and interest in this area of practice. The training of a psychologist practicing juvenile sexual offender therapy must include: (1) Coursework and/or training in child behavior and development, child psychopathology, and child assessment and treatment; and (2) Thirty (30) hours of training in juvenile sex offender assessment and treatment. Rulemaking Authority 490.004(4), 490.012(8), 490.0145 FS. Law Implemented 490.012(8), 490.0145 FS. History– New 2-21-99, Amended 7-27-04. 64B19-18.003 Qualifications to Practice Hypnosis. The practice of hypnosis as defined in Chapter 485, F.S., is permitted by a licensed psychologist who qualifies as designated by this rule. Basic hypnosis is defined as the use of hypnotic approaches for the purpose of stress management, self-hypnosis, guided imagery, or relaxation and shall be practiced only by those licensees who have successfully completed a total of at least 10 clock hours of education which meets the requirements for approval set forth in Rule 64B19-13.003, F.A.C., in basic hypnosis. Rulemaking Authority 490.004(4), 490.0141 FS. Law Implemented 490.003(4), 490.0141 FS. History–New 6-1-89, Formerly 21U-20.003, 61F13-20.003, 59AA-18.003, Amended 11-23-97. 64B19-18.004 Use of Test Instruments. (1) The Board finds that the inappropriate use of test instruments is harmful to consumers. The Board finds further that a need exists to set out the minimum standard of professional practice maintained and required of psychologists who use test instruments in the psychologist’s practice of psychology. (2) A psychologist who uses test instruments in the psychologist’s practice of psychology: (a) Must consider whether research supports the underlying presumptions which govern the interpretive statements which would be made by the test instrument as a result of its completion by any service user; (b) Must be able to justify the selection of any particular test instrument for the particular service user who takes the test at the instruction of the psychologist; (c) Must integrate and reconcile the interpretive statements made by the test instrument based on group norms, with the psychologist’s independent professional knowledge, evaluation and assessment of the individual who takes the test; (d) Must specify in the test report the name of each person who assisted the psychologist in the administration of the test, and the role which that person played in the administration of the test. (3) A psychologist who uses test instruments may not release test data, such as test protocols, test questions, assessment-related notes, or written answer sheets, except (1) to a licensed psychologist or school psychologist licensed pursuant to Chapter 490, F.S., or Florida certified, or (2) after complying with the procedures set forth in Rule 64B19-19.005, F.A.C., and obtaining an order from a court or other tribunal of competent jurisdiction, or (3) when the release of the material is otherwise required by law. When raw test data is released pursuant to this paragraph, the psychologist shall certify to the service user or the service user’s designee that all raw test data from those test instruments have been provided. Psychologists are expected to make all reasonable efforts to maintain the integrity of the test protocols, modalities and instruments when releasing information as provided herein. (4) In performing the functions listed at subsection (2) of this rule, the psychologist must meet with the test subject face-to-face in a clinical setting unless the psychologist has delegated the work to a psychological intern, psychological trainee or psychological resident in a doctoral psychology program approved by the American Psychological Association. - 56 - (5) It shall be a violation of this rule for a psychologist to sign any evaluation or assessment unless the psychologist has had an active role in the evaluation or assessment of the subject as required by subsection (4) of this rule. A psychologist may not sign any evaluation or assessment that is signed by any other person unless the psychologist is signing as a supervisor, in conjunction with an evaluation or assessment performed by a psychological intern, psychological trainee or psychological resident, or as a member of a multidisciplinary diagnostic team. (6) “Test instruments” are standardized procedures which purport to objectively measure personal characteristics such as intelligence, personality, abilities, interests aptitudes, and neuropsychological functioning including evaluation of mental capacity to manage one’s affairs and to participate in legal proceedings. Examples of such tests include intelligence tests, multiple aptitude batteries, tests of special aptitudes, achievement tests, and personality tests concerned with measures of emotional and motivational functioning, interpersonal behavior, interests, attitudes and other affective variables. Rulemaking Authority 490.004(4) FS. Law Implemented 490.003(4), 490.009(1)(r), (s), (v), (w) FS. History–New 6-14- 94, Formerly 61F13-20.004, Amended 5-19-97, Formerly 54AA-18.004, Amended 3-25-02, 11-18-07. 64B19-18.005 Consent for Treatment of Minors. For the purpose of discipline, the Board will not consider it a violation for a psychologist to treat a minor in an emergency situation, such as crisis intervention, without the consent of an adult so long as the psychologist abides by state law governing the emergency treatment of minors. Nor will the Board consider it a violation for a psychologist to treat a minor upon the psychologist’s receipt of written permission from any adult who claims to have authority to consent to treatment. This rule, however, may not be used to circumvent other disciplinary action against the psychologist in the substantive provision of treatment to the minor. Rulemaking Authority 490.004(4) FS. Law Implemented 490.009(1)(r) FS. History–New 6-14-94, Formerly 61F13- 20.005, Amended 1-7-96, Formerly 59AA-18.005. *64B19-18.007 Requirements for Forensic Psychological Evaluations of Minors for the Purpose of Dissolution of Marriage, Support, or Time-Sharing Action. (1) It is a conflict of interest for a psychologist who has treated a minor or any of the adults involved in a dissolution of marriage, support, or time-sharing action as defined by Chapter 61, F.S., to perform a forensic evaluation for the purpose of recommending a time-sharing schedule and parenting plan. Consequently, a psychologist who treats a minor or any of the adults involved in a dissolution of marriage, support, or time-sharing action as defined by Chapter 61, F.S., may not also perform a forensic evaluation for the purposes of recommending a time-sharing schedule or parenting plan. So long as confidentiality is not violated, a psychologist may provide a court, or a mental health professional performing a forensic evaluation, with factual information about the minor derived from treatment, but shall not state an opinion about time-sharing schedules and parenting plans. (2) The psychologist who serves as an evaluator shall not also serve as guardian ad litem, mediator, therapist or parenting coordinator regarding the children in the instant case. The psychologist who has had a prior role as guardian ad litem, mediator, therapist or parenting coordinator shall not serve as an evaluator for the children in the instant case. Rulemaking Authority 490.004(4) FS. Law Implemented 490.009(1) FS. History–New 6-14-94, Formerly 61F13- 20.007, Amended 1-7-96, Formerly 59AA-18.007, Amended 9-30-04, 12-25-12. - 59 - psychologist shall ensure the retention of psychological records in existence upon the death of the psychologist for a period of at least two (2) years and two (2) months from the date of the licensed psychologist’s death. Within 1 month of the licensed psychologist’s death, the executor, administrator, personal representative or survivor of the deceased licensed psychologist shall cause notice to be published in the newspaper of greatest general circulation in each county where the licensed psychologist practiced. Such notice shall be published weekly for four (4) consecutive weeks and shall advise of the licensed psychologist’s death. Such notice shall also state the address from which service users, their legal representative, or licensed mental health professionals designated by the service user in writing, may obtain the service user’s psychological records. A copy of such notice shall be mailed to the administrative office of the Board of Psychology. At the conclusion of 24 months from the date of the licensed psychologist’s death, the executor, administrator, personal representative or survivor shall cause a notice to be published in the newspaper of greatest circulation in each county where the deceased psychologist practiced. Such notice shall advise that the psychological records still in the possession or under the control of the executor, administrator, personal representative or survivor will be destroyed on a date specified which may not be any sooner than 1 month from the last day of the last week of the publication of the notice. Such notice shall also be published once a week for four (4) consecutive weeks. Thereafter, on the date specified in the notice, the executor, administrator, personal representative or survivor shall destroy unclaimed psychological records. Rulemaking Authority 456.058, 490.004(4) FS. Law Implemented 456.058 FS. History–New 8-12-90, Formerly 21U- 22.004, Amended 6-14-94, Formerly 61F13-22.004, 59AA-19.004, Amended 9-18-97. 64B19-19.005 Releasing Psychological Records. (1) Any licensed psychologist who agrees to provide copies of psychological records to a service user, a service user’s designee, or a service user’s legal representative, shall be accorded a reasonable time, not to exceed thirty (30) days, to make final entries and copy the psychological records, and may condition release of the copies upon payment by the requesting party of the reasonable costs of reproducing the records. (2) Any licensed psychologist who opts to issue a report rather than provide copies of psychological records to a service user, a service user’s designee, or a service user’s legal representative, shall issue the report within thirty (30) days of the request, and may charge a reasonable fee for the preparation of the report and may condition the issuance of the report upon payment of the reasonable fee. (3) The psychologist’s notes pertaining to psychological services rendered may be considered raw data as provided by subsection 64B19-18.004(3), F.A.C., at the discretion of the psychologist and therefore can be released only (1) to a licensed psychologist or school psychologist licensed pursuant to Chapter 490, F.S., or Florida certified, or (2) when the release of the material is otherwise required by law. Rulemaking Authority 456.057, 490.004(4) FS. Law Implemented 456.057, 490.009(1)(n), 490.0147 FS. History–New 8-12-90 , Amended 7-14-93, Formerly 21U-22.005, Amended 6-14-94, Formerly 61F13-22.005, Amended 11-19-96, Formerly 59AA-19.005, Amended 9-18-97, 6-4-02. 64B19-19.006 Confidentiality. (1) One of the primary obligations of psychologists is to respect the confidentiality of information entrusted to them by service users. Psychologists may disclose that information only with the written consent of the service user. The only exceptions to this general rule occur in those situations when nondisclosure on the part of the psychologist would violate the law. If there are limits to the maintenance of confidentiality, however, the licensed psychologist shall inform the service user of those limitations. For instance, licensed psychologists in hospital, subacute or nursing home settings should inform service users when the service user’s clinical records will contain psychological information which may be available to others without the service user’s written consent. Similar limitations on confidentiality may present themselves in educational, industrial, military or third-party payment situations, and in each of the - 60 - circumstances mentioned herein or in each similar circumstance, the licensed psychologist must obtain a written statement from the service user which acknowledges the psychologist’s advice in those regards. This rule is particularly applicable to supervisory situations wherein the supervised individual will be sharing confidential information with the supervising psychologist. In that situation, it is incumbent upon the licensed psychologist to secure the written acknowledgement of the service user regarding that breach of confidentiality. (2) In cases where an evaluation is performed upon a person by a psychologist for use by a third party, the psychologist must explain to the person being evaluated the limits of confidentiality in that specific situation, document that such information was explained and understood by the person being evaluated, and obtain written informed consent to all aspects of the testing and evaluative procedures. (3) This rule recognizes that minors and legally incapacitated individuals cannot give informed consent under the law. Psychologists, nonetheless, owe a duty of confidentiality to minor and legally incapacitated service users consistent with the duty imposed by subsection (1). This does not mean that the psychologist may not impart the psychologist’s own evaluation, assessment, analysis, diagnosis, or recommendations regarding the minor or legally incapacitated individual to the service user’s guardian or to any court of law. (4) The licensed psychologist shall maintain the confidentiality of all psychological records in the licensed psychologist’s possession or under the licensed psychologist’s control except as otherwise provided by law or pursuant to written and signed authorization of a service user specifically requesting or authorizing release or disclosure of the service user’s psychological records. (5) The licensed psychologist shall also ensure that no person working for the psychologist, whether as an employee, an independent contractor, or a volunteer violates the confidentiality of the service user. Rulemaking Authority 490.004(4) FS. Law Implemented 456.057, 490.009(1)(u), (v), 490.0147 FS. History–New 8-12- 90, Formerly 21U-22.006, 61F13-22.006, Amended 2-26-96, Formerly 59AA-19.006, Amended 11-23-97. - 61 - This page intentionally left blank - 64 - 39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline.— (1)(a) Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (b) Any person who knows, or who has reasonable cause to suspect, that a child is abused by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (c) Any person who knows, or has reasonable cause to suspect, that a child is the victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual offender, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (d) Reporters in the following occupation categories are required to provide their names to the hotline staff: 1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; 2. Health or mental health professional other than one listed in subparagraph 1.; 3. Practitioner who relies solely on spiritual means for healing; 4. School teacher or other school official or personnel; 5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker; 6. Law enforcement officer; or 7. Judge. The names of reporters shall be entered into the record of the report, but shall be held confidential and exempt as provided in s. 39.202. (e) A professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse, abandonment, or neglect, is not required to again report to the central abuse hotline the abuse, abandonment, or neglect that was the subject of the referral for treatment. (f) An officer or employee of the judicial branch is not required to again provide notice of reasonable cause to suspect child abuse, abandonment, or neglect when that child is currently being investigated by the department, there is an existing dependency case, or the matter has previously been reported to the - 65 - department, provided there is reasonable cause to believe the information is already known to the department. This paragraph applies only when the information has been provided to the officer or employee in the course of carrying out his or her official duties. (g) Nothing in this chapter or in the contracting with community-based care providers for foster care and related services as specified in s. 409.987 shall be construed to remove or reduce the duty and responsibility of any person, including any employee of the community-based care provider, to report a suspected or actual case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department’s central abuse hotline. (h) An officer or employee of a law enforcement agency is not required to provide notice to the department of reasonable cause to suspect child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare when the incident under investigation by the law enforcement agency was reported to law enforcement by the Central Abuse Hotline through the electronic transfer of the report or call. The department’s Central Abuse Hotline is not required to electronically transfer calls and reports received pursuant to paragraph (2)(b) to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or another law enforcement agency. This paragraph applies only when the information related to the alleged child abuse has been provided to the officer or employee of a law enforcement agency or Central Abuse Hotline employee in the course of carrying out his or her official duties. (2)(a) Each report of known or suspected child abuse, abandonment, or neglect by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare as defined in this chapter, except those solely under s. 827.04(3), and each report that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall be made immediately to the department’s central abuse hotline. Such reports may be made on the single statewide toll-free telephone number or via fax, web-based chat, or web- based report. Personnel at the department’s central abuse hotline shall determine if the report received meets the statutory definition of child abuse, abandonment, or neglect. Any report meeting one of these definitions shall be accepted for the protective investigation pursuant to part III of this chapter. Any call received from a parent or legal custodian seeking assistance for himself or herself which does not meet the criteria for being a report of child abuse, abandonment, or neglect may be accepted by the hotline for response to ameliorate a potential future risk of harm to a child. If it is determined by a child welfare professional that a need for community services exists, the department shall refer the parent or legal custodian for appropriate voluntary community services. (b) Each report of known or suspected child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall be made immediately to the department’s central abuse hotline. Such reports may be made on the single statewide toll-free telephone number or via fax, web-based chat, or web-based report. Such reports or calls shall be - 66 - immediately electronically transferred to the appropriate county sheriff’s office by the central abuse hotline. (c) Reports involving juvenile sexual abuse or a child who has exhibited inappropriate sexual behavior shall be made and received by the department. An alleged incident of juvenile sexual abuse involving a child who is in the custody of or protective supervision of the department shall be reported to the department’s central abuse hotline. 1. The central abuse hotline shall immediately electronically transfer the report or call to the county sheriff’s office. The department shall conduct an assessment and assist the family in receiving appropriate services pursuant to s.39.307, and send a written report of the allegation to the appropriate county sheriff’s office within 48 hours after the initial report is made to the central abuse hotline. 2. The department shall ensure that the facts and results of any investigation of child sexual abuse involving a child in the custody of or under the protective supervision of the department are made known to the court at the next hearing or included in the next report to the court concerning the child. (d) If the report is of an instance of known or suspected child abuse, abandonment, or neglect that occurred out of state and the alleged perpetrator and the child alleged to be a victim live out of state, the central abuse hotline shall not accept the report or call for investigation, but shall transfer the information on the report to the appropriate state. (e) If the report is of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older solely under s. 827.04(3), the report shall be made immediately to the appropriate county sheriff’s office or other appropriate law enforcement agency. If the report is of an instance of known or suspected child abuse solely under s.827.04(3), the reporting provisions of this subsection do not apply to health care professionals or other persons who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of medical services. (f) Reports involving known or suspected institutional child abuse or neglect shall be made and received in the same manner as all other reports made pursuant to this section. (g) Reports involving surrendered newborn infants as described in s. 383.50 shall be made and received by the department. 1. If the report is of a surrendered newborn infant as described in s. 383.50 and there is no indication of abuse, neglect, or abandonment other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the department shall provide to the caller the name of a licensed child-placing agency on a rotating basis from a list of licensed child-placing agencies eligible and required to accept physical custody of and to place newborn infants left at a hospital, emergency medical services station, or fire station. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital, emergency medical services station, or fire station pursuant to s. 383.50. 2. If the call, fax, web-based chat, or web-based report includes indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a hospital, emergency medical services - 69 - with other aspects of the investigation, including interviews with other persons. In institutional child abuse cases when the institution is not operating and the child cannot otherwise be located, the investigation shall commence immediately upon the resumption of operation. If requested by a state attorney or local law enforcement agency, the department shall furnish all investigative reports to that agency. (6) Information in the central abuse hotline may not be used for employment screening, except as provided in s. 39.202(2)(a) and (h). Information in the central abuse hotline and the department’s automated abuse information system may be used by the department, its authorized agents or contract providers, the Department of Health, or county agencies as part of the licensure or registration process pursuant to ss. 402.301-402.319 and ss. 409.175-409.176. (7) On an ongoing basis, the department’s quality assurance program shall review calls, fax reports, and web-based reports to the hotline involving three or more unaccepted reports on a single child, where jurisdiction applies, in order to detect such things as harassment and situations that warrant an investigation because of the frequency or variety of the source of the reports. A component of the quality assurance program shall analyze unaccepted reports to the hotline by identified relatives as a part of the review of screened out calls. The Program Director for Family Safety may refer a case for investigation when it is determined, as a result of this review, that an investigation may be warranted. History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 7, ch. 84-226; s. 37, ch. 85-54; s. 68, ch. 86- 163; s. 34, ch. 87-238; s. 21, ch. 88-337; s. 33, ch. 89-294; s. 6, ch. 90-50; s. 51, ch. 90-306; s. 7, ch. 91-57; s. 17, ch. 91-71; s. 6, ch. 93-25; s. 59, ch. 94-164; ss. 22, 44, ch. 95-228; s. 9, ch. 95-266; s. 51, ch. 95-267; s. 133, ch. 95-418; s. 1, ch. 96-215; s. 14, ch. 96-268; s. 14, ch. 96-402; s. 271, ch. 96-406; s. 1041, ch. 97-103; s. 43, ch. 97-264; s. 257, ch. 98-166; s. 31, ch. 98-403; s. 4, ch. 99-168; s. 10, ch. 99-193; s. 41, ch. 2000-139; s. 3, ch. 2000-188; s. 1, ch. 2000- 217; s. 1, ch. 2001-53; s. 1, ch. 2003-127; s. 7, ch. 2006-86; s. 2, ch. 2008-90; s. 5, ch. 2008-245; s. 3, ch. 2009-43; s. 1, ch. 2012-155; s. 4, ch. 2012-178; s. 6, ch. 2013-15; s. 4, ch. 2013-219, ss. 5, 50, ch. 2014-224. Note.—Former ss. 828.041, 827.07(3), (4), (9), (13); s. 415.504. - 70 - This page intentionally left blank - 71 - PART D: Section 90.503, Florida Statutes Psychotherapist-patient privilege - 74 - treatment of the patient's mental or emotional condition, including alcoholism and other drug addiction, between the patient and the psychotherapist, or persons who are participating in the diagnosis or treatment under the direction of the psychotherapist. This privilege includes any diagnosis made, and advice given, by the psychotherapist in the course of that relationship. (3) The privilege may be claimed by: (a) The patient or the patient's attorney on the patient's behalf. (b) A guardian or conservator of the patient. (c) The personal representative of a deceased patient. (d) The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary. (4) There is no privilege under this section: (a) For communications relevant to an issue in proceedings to compel hospitalization of a patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has reasonable cause to believe the patient is in need of hospitalization. (b) For communications made in the course of a court-ordered examination of the mental or emotional condition of the patient. (c) For communications relevant to an issue of the mental or emotional condition of the patient in any proceeding in which the patient relies upon the condition as an element of his or her claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense. History.--s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 40, ch. 90-347; s. 1, ch. 92-57; s. 19, ch. 93-39; s. 475, ch. 95-147; s. 28, ch. 99-2; s. 5, ch. 99-8; s. 1, ch. 2006-204, s. 30, ch. 2014-19 - 75 - This page intentionally left blank - 76 - PART E: *Chapter 394, Part I, Florida Statutes, Florida Mental Health Act - 79 - 394.475 Acceptance, examination, and involuntary placement of Florida residents from out-of- state mental health authorities. 394.4781 Residential care for psychotic and emotionally disturbed children. 394.4784 Minors; access to outpatient crisis intervention services and treatment. 394.4785 Children and adolescents; admission and placement in mental facilities. 394.4786 Intent. 394.47865 South Florida State Hospital; privatization. 394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789. 394.4788 Use of certain PMATF funds for the purchase of acute care mental health services. 394.4789 Establishment of referral process and eligibility determination. 394.47891 Military veterans and servicemembers court programs. 394.451 Short title.—This part shall be known as “The Florida Mental Health Act” or “The Baker Act.” History.—s. 1, ch. 71-131. 394.453 Legislative intent.—It is the intent of the Legislature to authorize and direct the Department of Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. It is the intent of the Legislature that treatment programs for such disorders shall include, but not be limited to, comprehensive health, social, educational, and rehabilitative services to persons requiring intensive short-term and continued treatment in order to encourage them to assume responsibility for their treatment and recovery. It is intended that such persons be provided with emergency service and temporary detention for evaluation when required; that they be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community; that involuntary placement be provided only when expert evaluation determines that it is necessary; that any involuntary treatment or examination be accomplished in a setting which is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and that individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463. It is the further intent of the Legislature that the least restrictive means of intervention be employed based on the individual needs of each person, within the scope of available services. It is the policy of this state that the use of restraint and seclusion on clients is justified only as an emergency safety measure to be used in response to imminent danger to the client or others. It is, therefore, the intent of the Legislature to achieve an ongoing reduction in the use of restraint and seclusion in programs and facilities serving persons with mental illness. History.—s. 2, ch. 71-131; s. 198, ch. 77-147; s. 1, ch. 79-298; s. 4, ch. 82-212; s. 2, ch. 84-285; s. 10, ch. 85-54; s. 1, ch. 91-249; s. 1, ch. 96-169; s. 96, ch. 99-8; s. 36, ch. 2006-227, s. 77, ch. 2014- 19. - 80 - 394.455 Definitions.—As used in this part, unless the context clearly requires otherwise, the term: (1) “Administrator” means the chief administrative officer of a receiving or treatment facility or his or her designee. (2) “Clinical psychologist” means a psychologist as defined in s. 490.003(7) with 3 years of postdoctoral experience in the practice of clinical psychology, inclusive of the experience required for licensure, or a psychologist employed by a facility operated by the United States Department of Veterans Affairs that qualifies as a receiving or treatment facility under this part. (3) “Clinical record” means all parts of the record required to be maintained and includes all medical records, progress notes, charts, and admission and discharge data, and all other information recorded by a facility which pertains to the patient’s hospitalization or treatment. (4) “Clinical social worker” means a person licensed as a clinical social worker under chapter 491. (5) “Community facility” means any community service provider contracting with the department to furnish substance abuse or mental health services under part IV of this chapter. (6) “Community mental health center or clinic” means a publicly funded, not-for-profit center which contracts with the department for the provision of inpatient, outpatient, day treatment, or emergency services. (7) “Court,” unless otherwise specified, means the circuit court. (8) “Department” means the Department of Children and Families (9) “Express and informed consent” means consent voluntarily given in writing, by a competent person, after sufficient explanation and disclosure of the subject matter involved to enable the person to make a knowing and willful decision without any element of force, fraud, deceit, duress, or other form of constraint or coercion. (10) “Facility” means any hospital, community facility, public or private facility, or receiving or treatment facility providing for the evaluation, diagnosis, care, treatment, training, or hospitalization of persons who appear to have a mental illness or have been diagnosed as having a mental illness. “Facility” does not include any program or entity licensed pursuant to chapter 400 or chapter 429. (11) “Guardian” means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward’s person if the ward is a minor or has been adjudicated incapacitated. (12) “Guardian advocate” means a person appointed by a court to make decisions regarding mental health treatment on behalf of a patient who has been found incompetent to consent to treatment pursuant to this part. The guardian advocate may be granted specific additional powers by written order of the court, as provided in this part. (13) “Hospital” means a facility as defined in s. 395.002 and licensed under chapter 395 and part II of chapter 408. (14) “Incapacitated” means that a person has been adjudicated incapacitated pursuant to part V of chapter 744 and a guardian of the person has been appointed. - 81 - (15) “Incompetent to consent to treatment” means that a person’s judgment is so affected by his or her mental illness that the person lacks the capacity to make a well-reasoned, willful, and knowing decision concerning his or her medical or mental health treatment. (16) “Law enforcement officer” means a law enforcement officer as defined in s. 943.10. (17) “Mental health overlay program” means a mobile service which provides an independent examination for voluntary admissions and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home, assisted living facility, adult family-care home, or nonresidential setting such as an adult day care center. Independent examinations provided pursuant to this part through a mental health overlay program must only be provided under contract with the department for this service or be attached to a public receiving facility that is also a community mental health center. (18) “Mental illness” means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability to meet the ordinary demands of living. For the purposes of this part, the term does not include a developmental disability as defined in chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment. (19) “Mobile crisis response service” means a nonresidential crisis service attached to a public receiving facility and available 24 hours a day, 7 days a week, through which immediate intensive assessments and interventions, including screening for admission into a receiving facility, take place for the purpose of identifying appropriate treatment services. (20) “Patient” means any person who is held or accepted for mental health treatment. (21) “Physician” means a medical practitioner licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental and nervous disorders or a physician employed by a facility operated by the United States Department of Veterans Affairs which qualifies as a receiving or treatment facility under this part. (22) “Private facility” means any hospital or facility operated by a for-profit or not-for-profit corporation or association that provides mental health services and is not a public facility. (23) “Psychiatric nurse” means a registered nurse licensed under part I of chapter 464 who has a master’s degree or a doctorate in psychiatric nursing and 2 years of post-master’s clinical experience under the supervision of a physician. (24) “Psychiatrist” means a medical practitioner licensed under chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. - 84 - standards, providing technical assistance, and exercising supervision of mental health programs of, and the treatment of patients at, community facilities, other facilities for persons who have a mental illness, and any agency or facility providing services to patients pursuant to this part. (b) The publication and distribution of an information handbook to facilitate understanding of this part, the policies and procedures involved in the implementation of this part, and the responsibilities of the various providers of services under this part. It shall stimulate research by public and private agencies, institutions of higher learning, and hospitals in the interest of the elimination and amelioration of mental illness. (3) POWER TO CONTRACT.—The department may contract to provide, and be provided with, services and facilities in order to carry out its responsibilities under this part with the following agencies: public and private hospitals; receiving and treatment facilities; clinics; laboratories; departments, divisions, and other units of state government; the state colleges and universities; the community colleges; private colleges and universities; counties, municipalities, and any other governmental unit, including facilities of the United States Government; and any other public or private entity which provides or needs facilities or services. Baker Act funds for community inpatient, crisis stabilization, short-term residential treatment, and screening services must be allocated to each county pursuant to the department’s funding allocation methodology. Notwithstanding s. 287.057(3)(e), contracts for community-based Baker Act services for inpatient, crisis stabilization, short-term residential treatment, and screening provided under this part, other than those with other units of government, to be provided for the department must be awarded using competitive sealed bids if the county commission of the county receiving the services makes a request to the department’s district office by January 15 of the contracting year. The district may not enter into a competitively bid contract under this provision if such action will result in increases of state or local expenditures for Baker Act services within the district. Contracts for these Baker Act services using competitive sealed bids are effective for 3 years. The department shall adopt rules establishing minimum standards for such contracted services and facilities and shall make periodic audits and inspections to assure that the contracted services are provided and meet the standards of the department. (4) APPLICATION FOR AND ACCEPTANCE OF GIFTS AND GRANTS.—The department may apply for and accept any funds, grants, gifts, or services made available to it by any agency or department of the Federal Government or any other public or private agency or individual in aid of mental health programs. All such moneys shall be deposited in the State Treasury and shall be disbursed as provided by law. (5) RULES.— (a) The department shall adopt rules establishing forms and procedures relating to the rights and privileges of patients seeking mental health treatment from facilities under this part. - 85 - (b) The department shall adopt rules necessary for the implementation and administration of the provisions of this part, and a program subject to the provisions of this part shall not be permitted to operate unless rules designed to ensure the protection of the health, safety, and welfare of the patients treated through such program have been adopted. Rules adopted under this subsection must include provisions governing the use of restraint and seclusion which are consistent with recognized best practices and professional judgment; prohibit inherently dangerous restraint or seclusion procedures; establish limitations on the use and duration of restraint and seclusion; establish measures to ensure the safety of program participants and staff during an incident of restraint or seclusion; establish procedures for staff to follow before, during, and after incidents of restraint or seclusion; establish professional qualifications of and training for staff who may order or be engaged in the use of restraint or seclusion; and establish mandatory reporting, data collection, and data dissemination procedures and requirements. Rules adopted under this subsection must require that each instance of the use of restraint or seclusion be documented in the record of the patient. (c) The department shall adopt rules establishing minimum standards for services provided by a mental health overlay program or a mobile crisis response service. (6) PERSONNEL.— (a) The department shall, by rule, establish minimum standards of education and experience for professional and technical personnel employed in mental health programs, including members of a mobile crisis response service. (b) The department shall design and distribute appropriate materials for the orientation and training of persons actively engaged in implementing the provisions of this part relating to the involuntary examination and placement of persons who are believed to have a mental illness. (7) PAYMENT FOR CARE OF PATIENTS.—Fees and fee collections for patients in state-owned, state-operated, or state-supported treatment facilities shall be according to s. 402.33. History.—s. 1, ch. 57-317; s. 1, ch. 59-222; s. 1, ch. 65-13; s. 3, ch. 65-22; s. 1, ch. 65-145; s. 1, ch. 67-334; ss. 11, 19, 31, 35, ch. 69-106; s. 4, ch. 71-131; s. 70, ch. 72-221; s. 2, ch. 72-396; s. 2, ch. 73- 133; s. 25, ch. 73-334; s. 1, ch. 74-233; s. 200, ch. 77-147; s. 19, ch. 78-95; s. 3, ch. 78-332; s. 3, ch. 79- 298; s. 6, ch. 82-212; s. 4, ch. 84-285; s. 12, ch. 85-54; s. 11, ch. 87-238; s. 2, ch. 90-225; s. 28, ch. 90- 347; s. 7, ch. 91-33; s. 22, ch. 91-57; s. 89, ch. 91-221; s. 2, ch. 91-249; s. 11, ch. 93-156; s. 19, ch. 94- 134; s. 19, ch. 94-135; s. 15, ch. 95-152; s. 37, ch. 95-228; s. 124, ch. 95-418; s. 3, ch. 96-169; s. 8, ch. 96-268; s. 209, ch. 96-406; s. 123, ch. 96-410; s. 97, ch. 99-8; s. 13, ch. 2001-278; s. 34, ch. 2002-207; s. 1, ch. 2006-29; s. 38, ch. 2006-227; s. 29, ch. 2010-151; s. 13, ch. 2013-154, s. 79, ch. 2014-19. Note.—Former s. 965.01(3), s. 402.10. 394.4572 Screening of mental health personnel.— (1)(a) The department and the Agency for Health Care Administration shall require level 2 background screening pursuant to chapter 435 for mental health personnel. “Mental health personnel” - 86 - includes all program directors, professional clinicians, staff members, and volunteers working in public or private mental health programs and facilities who have direct contact with individuals held for examination or admitted for mental health treatment. For purposes of this chapter, employment screening of mental health personnel also includes, but is not limited to, employment screening as provided under chapter 435 and s. 408.809. (b) Students in the health care professions who are interning in a mental health facility licensed under chapter 395, where the primary purpose of the facility is not the treatment of minors, are exempt from the fingerprinting and screening requirements if they are under direct supervision in the actual physical presence of a licensed health care professional. (c) A volunteer who assists on an intermittent basis for less than 10 hours per month is exempt from the fingerprinting and screening requirements if a person who meets the screening requirement of paragraph (a) is always present and has the volunteer within his or her line of sight. (d) Mental health personnel working in a facility licensed under chapter 395 who work on an intermittent basis for less than 15 hours per week of direct, face-to-face contact with patients, and who are not listed on the Department of Law Enforcement Career Offender Search or the Dru Sjodin National Sex Offender Public Website, are exempt from the fingerprinting and screening requirements, except that persons working in a mental health facility where the primary purpose of the facility is the mental health treatment of minors must be fingerprinted and meet screening requirements. (2) The department or the Agency for Health Care Administration may grant exemptions from disqualification as provided in chapter 435. History.—s. 1, ch. 87-128; s. 1, ch. 87-141; s. 23, ch. 93-39; s. 4, ch. 96-169; s. 980, ch. 2002-387; s. 7, ch. 2004-267; s. 5, ch. 2010-114; s. 1, ch. 2012-73. 394.4573 Continuity of care management system; measures of performance; reports.— (1) For the purposes of this section: (a) “Case management” means those activities aimed at assessing client needs, planning services, linking the service system to a client, coordinating the various system components, monitoring service delivery, and evaluating the effect of service delivery. (b) “Case manager” means an individual who works with clients, and their families and significant others, to provide case management. (c) “Client manager” means an employee of the department who is assigned to specific provider agencies and geographic areas to ensure that the full range of needed services is available to clients. (d) “Continuity of care management system” means a system that assures, within available resources, that clients have access to the full array of services within the mental health services delivery system. (2) The department is directed to implement a continuity of care management system for the provision of mental health care, through the provision of client and case management, including clients - 89 - (b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital. (2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.—s. 1, ch. 75-253; s. 201, ch. 77-147; s. 1, ch. 77-174; s. 6, ch. 96-169. Rights of patients.— (1) RIGHT TO INDIVIDUAL DIGNITY.—It is the policy of this state that the individual dignity of the patient shall be respected at all times and upon all occasions, including any occasion when the patient is taken into custody, held, or transported. Procedures, facilities, vehicles, and restraining devices utilized for criminals or those accused of crime shall not be used in connection with persons who have a mental illness, except for the protection of the patient or others. Persons who have a mental illness but who are not charged with a criminal offense shall not be detained or incarcerated in the jails of this state. A person who is receiving treatment for mental illness shall not be deprived of any constitutional rights. However, if such a person is adjudicated incapacitated, his or her rights may be limited to the same extent the rights of any incapacitated person are limited by law. (2) RIGHT TO TREATMENT.— (a) A person shall not be denied treatment for mental illness and services shall not be delayed at a receiving or treatment facility because of inability to pay. However, every reasonable effort to collect appropriate reimbursement for the cost of providing mental health services to persons able to pay for services, including insurance or third-party payments, shall be made by facilities providing services pursuant to this part. (b) It is further the policy of the state that the least restrictive appropriate available treatment be utilized based on the individual needs and best interests of the patient and consistent with optimum improvement of the patient’s condition. (c) Each person who remains at a receiving or treatment facility for more than 12 hours shall be given a physical examination by a health practitioner authorized by law to give such examinations, within 24 hours after arrival at such facility. (d) Every patient in a facility shall be afforded the opportunity to participate in activities designed to enhance self-image and the beneficial effects of other treatments, as determined by the facility. (e) Not more than 5 days after admission to a facility, each patient shall have and receive an individualized treatment plan in writing which the patient has had an opportunity to assist in preparing and to review prior to its implementation. The plan shall include a space for the patient’s comments. (3) RIGHT TO EXPRESS AND INFORMED PATIENT CONSENT.— - 90 - (a)1. Each patient entering treatment shall be asked to give express and informed consent for admission or treatment. If the patient has been adjudicated incapacitated or found to be incompetent to consent to treatment, express and informed consent to treatment shall be sought instead from the patient’s guardian or guardian advocate. If the patient is a minor, express and informed consent for admission or treatment shall also be requested from the patient’s guardian. Express and informed consent for admission or treatment of a patient under 18 years of age shall be required from the patient’s guardian, unless the minor is seeking outpatient crisis intervention services under s. 394.4784. Express and informed consent for admission or treatment given by a patient who is under 18 years of age shall not be a condition of admission when the patient’s guardian gives express and informed consent for the patient’s admission pursuant to s. 394.463 or s. 394.467. 2. Before giving express and informed consent, the following information shall be provided and explained in plain language to the patient, or to the patient’s guardian if the patient is 18 years of age or older and has been adjudicated incapacitated, or to the patient’s guardian advocate if the patient has been found to be incompetent to consent to treatment, or to both the patient and the guardian if the patient is a minor: the reason for admission or treatment; the proposed treatment; the purpose of the treatment to be provided; the common risks, benefits, and side effects thereof; the specific dosage range for the medication, when applicable; alternative treatment modalities; the approximate length of care; the potential effects of stopping treatment; how treatment will be monitored; and that any consent given for treatment may be revoked orally or in writing before or during the treatment period by the patient or by a person who is legally authorized to make health care decisions on behalf of the patient. (b) In the case of medical procedures requiring the use of a general anesthetic or electroconvulsive treatment, and prior to performing the procedure, express and informed consent shall be obtained from the patient if the patient is legally competent, from the guardian of a minor patient, from the guardian of a patient who has been adjudicated incapacitated, or from the guardian advocate of the patient if the guardian advocate has been given express court authority to consent to medical procedures or electroconvulsive treatment as provided under s. 394.4598. (c) When the department is the legal guardian of a patient, or is the custodian of a patient whose physician is unwilling to perform a medical procedure, including an electroconvulsive treatment, based solely on the patient’s consent and whose guardian or guardian advocate is unknown or unlocatable, the court shall hold a hearing to determine the medical necessity of the medical procedure. The patient shall be physically present, unless the patient’s medical condition precludes such presence, represented by counsel, and provided the right and opportunity to be confronted with, and to cross-examine, all witnesses alleging the medical necessity of such procedure. In such proceedings, the burden of proof by clear and convincing evidence shall be on the party alleging the medical necessity of the procedure. (d) The administrator of a receiving or treatment facility may, upon the recommendation of the patient’s attending physician, authorize emergency medical treatment, including a surgical procedure, if - 91 - such treatment is deemed lifesaving, or if the situation threatens serious bodily harm to the patient, and permission of the patient or the patient’s guardian or guardian advocate cannot be obtained. (4) QUALITY OF TREATMENT.— (a) Each patient shall receive services, including, for a patient placed under s. 394.4655, those services included in the court order which are suited to his or her needs, and which shall be administered skillfully, safely, and humanely with full respect for the patient’s dignity and personal integrity. Each patient shall receive such medical, vocational, social, educational, and rehabilitative services as his or her condition requires in order to live successfully in the community. In order to achieve this goal, the department is directed to coordinate its mental health programs with all other programs of the department and other state agencies. (b) Facilities shall develop and maintain, in a form accessible to and readily understandable by patients and consistent with rules adopted by the department, the following: 1. Criteria, procedures, and required staff training for any use of close or elevated levels of supervision, of restraint, seclusion, or isolation, or of emergency treatment orders, and for the use of bodily control and physical management techniques. 2. Procedures for documenting, monitoring, and requiring clinical review of all uses of the procedures described in subparagraph 1. and for documenting and requiring review of any incidents resulting in injury to patients. 3. A system for investigating, tracking, managing, and responding to complaints by persons receiving services or individuals acting on their behalf. (c) A facility may not use seclusion or restraint for punishment, to compensate for inadequate staffing, or for the convenience of staff. Facilities shall ensure that all staff are made aware of these restrictions on the use of seclusion and restraint and shall make and maintain records which demonstrate that this information has been conveyed to individual staff members. (5) COMMUNICATION, ABUSE REPORTING, AND VISITS.— (a) Each person receiving services in a facility providing mental health services under this part has the right to communicate freely and privately with persons outside the facility unless it is determined that such communication is likely to be harmful to the person or others. Each facility shall make available as soon as reasonably possible to persons receiving services a telephone that allows for free local calls and access to a long-distance service. A facility is not required to pay the costs of a patient’s long-distance calls. The telephone shall be readily accessible to the patient and shall be placed so that the patient may use it to communicate privately and confidentially. The facility may establish reasonable rules for the use of this telephone, provided that the rules do not interfere with a patient’s access to a telephone to report abuse pursuant to paragraph (e). (b) Each patient admitted to a facility under the provisions of this part shall be allowed to receive, send, and mail sealed, unopened correspondence; and no patient’s incoming or outgoing - 94 - his or her right, upon discharge from the facility, to seek treatment from the professional or agency of the patient’s choice. (12) POSTING OF NOTICE OF RIGHTS OF PATIENTS.—Each facility shall post a notice listing and describing, in the language and terminology that the persons to whom the notice is addressed can understand, the rights provided in this section. This notice shall include a statement that provisions of the federal Americans with Disabilities Act apply and the name and telephone number of a person to contact for further information. This notice shall be posted in a place readily accessible to patients and in a format easily seen by patients. This notice shall include the telephone numbers of the Florida local advocacy council and Advocacy Center for Persons with Disabilities, Inc. History.—s. 5, ch. 71-131; s. 3, ch. 73-133; s. 25, ch. 73-334; s. 2, ch. 74-233; s. 202, ch. 77-147; s. 1, ch. 78-434; s. 12, ch. 79-3; s. 4, ch. 79-298; s. 10, ch. 79-320; s. 1, ch. 80-171; s. 7, ch. 82-212; s. 6, ch. 84-285; s. 27, ch. 85-167; s. 1, ch. 88-307; s. 16, ch. 88-398; s. 11, ch. 90-347; s. 1, ch. 91-170; s. 71, ch. 95-143; s. 706, ch. 95-148; s. 7, ch. 96-169; s. 210, ch. 96-406; s. 9, ch. 2000-263; s. 64, ch. 2000-349; s. 2, ch. 2004-385; s. 3, ch. 2005-65. 394.4593 Sexual misconduct prohibited; reporting required; penalties.— (1) As used in this section, the term: (a) “Employee” includes any paid staff member, volunteer, or intern of the department; any person under contract with the department; and any person providing care or support to a client on behalf of the department or its providers. (b) “Sexual activity” means: 1. Fondling the genital area, groin, inner thighs, buttocks, or breasts of a person. 2. The oral, anal, or vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration of another by any other object. 3. Intentionally touching in a lewd or lascivious manner the breasts, genitals, the genital area, or buttocks, or the clothing covering them, of a person, or forcing or enticing a person to touch the perpetrator. 4. Intentionally masturbating in the presence of another person. 5. Intentionally exposing the genitals in a lewd or lascivious manner in the presence of another person. 6. Intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim. (c) “Sexual misconduct” means any sexual activity between an employee and a patient, regardless of the consent of the patient. The term does not include an act done for a bona fide medical purpose or an internal search conducted in the lawful performance of duty by an employee. (2) An employee who engages in sexual misconduct with a patient who: - 95 - (a) Is in the custody of the department; or (b) Resides in a receiving facility or a treatment facility, as those terms are defined in s. 394.455, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. An employee may be found guilty of violating this subsection without having committed the crime of sexual battery. (3) The consent of the patient to sexual activity is not a defense to prosecution under this section. (4) This section does not apply to an employee who: (a) Is legally married to the patient; or (b) Has no reason to believe that the person with whom the employee engaged in sexual misconduct is a patient receiving services as described in subsection (2). (5) An employee who witnesses sexual misconduct, or who otherwise knows or has reasonable cause to suspect that a person has engaged in sexual misconduct, shall immediately report the incident to the department’s central abuse hotline and to the appropriate local law enforcement agency. Such employee shall also prepare, date, and sign an independent report that specifically describes the nature of the sexual misconduct, the location and time of the incident, and the persons involved. The employee shall deliver the report to the supervisor or program director, who is responsible for providing copies to the department’s inspector general. The inspector general shall immediately conduct an appropriate administrative investigation, and, if there is probable cause to believe that sexual misconduct has occurred, the inspector general shall notify the state attorney in the circuit in which the incident occurred. (6)(a) Any person who is required to make a report under this section and who knowingly or willfully fails to do so, or who knowingly or willfully prevents another person from doing so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who knowingly or willfully submits inaccurate, incomplete, or untruthful information with respect to a report required under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) Any person who knowingly or willfully coerces or threatens any other person with the intent to alter testimony or a written report regarding an incident of sexual misconduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) The provisions and penalties set forth in this section are in addition to any other civil, administrative, or criminal action provided by law which may be applied against an employee. History.—s. 2, ch. 2004-267. 394.4595 Florida statewide and local advocacy councils; access to patients and records.—Any facility designated by the department as a receiving or treatment facility must allow access to any patient and the clinical and legal records of any patient admitted pursuant to the provisions of this act by members of the Florida statewide and local advocacy councils. History.—s. 8, ch. 96-169; s. 10, ch. 2000-263. - 96 - 394.4597 Persons to be notified; patient’s representative.— (1) VOLUNTARY PATIENTS.—At the time a patient is voluntarily admitted to a receiving or treatment facility, the identity and contact information of a person to be notified in case of an emergency shall be entered in the patient’s clinical record. (2) INVOLUNTARY PATIENTS.— (a) At the time a patient is admitted to a facility for involuntary examination or placement, or when a petition for involuntary placement is filed, the names, addresses, and telephone numbers of the patient’s guardian or guardian advocate, or representative if the patient has no guardian, and the patient’s attorney shall be entered in the patient’s clinical record. (b) If the patient has no guardian, the patient shall be asked to designate a representative. If the patient is unable or unwilling to designate a representative, the facility shall select a representative. (c) The patient shall be consulted with regard to the selection of a representative by the receiving or treatment facility and shall have authority to request that any such representative be replaced. (d) When the receiving or treatment facility selects a representative, first preference shall be given to a health care surrogate, if one has been previously selected by the patient. If the patient has not previously selected a health care surrogate, the selection, except for good cause documented in the patient’s clinical record, shall be made from the following list in the order of listing: 1. The patient’s spouse. 2. An adult child of the patient. 3. A parent of the patient. 4. The adult next of kin of the patient. 5. An adult friend of the patient. 6. The appropriate Florida local advocacy council as provided in s. 402.166. (e) A licensed professional providing services to the patient under this part, an employee of a facility providing direct services to the patient under this part, a department employee, a person providing other substantial services to the patient in a professional or business capacity, or a creditor of the patient shall not be appointed as the patient’s representative. History.—s. 9, ch. 96-169; s. 11, ch. 2000-263. 394.4598 Guardian advocate.— (1) The administrator may petition the court for the appointment of a guardian advocate based upon the opinion of a psychiatrist that the patient is incompetent to consent to treatment. If the court finds that a patient is incompetent to consent to treatment and has not been adjudicated incapacitated and a guardian with the authority to consent to mental health treatment appointed, it shall appoint a guardian advocate. The patient has the right to have an attorney represent him or her at the hearing. If the person is indigent, the court shall appoint the office of the public defender to represent him or her at the hearing. The patient has the right to testify, cross-examine witnesses, and present witnesses. The proceeding shall be