Mhs6700 disciplinary guidelines final Yousy

Disciplinary GuidelinesChapter 64B4-5

5.001 K-T

Yousy Jimenez

Disciplinary Guidelines

This section will explain the appropriate penalties for

each specific inappropriate action the therapist

performed.

5.001 K

Minimum disciplinary action

Maximum disciplinary action

First time committing offense

• $1,000 fine• 1year suspension

from practice and probation after

• Denial of license • Or $1,000 fine and revocation

Second time committing offense

• $1,000 fine• 2yr suspension from

practice and probation after

• Denial of license• Or $1,000 fine and

permanent revocation

Act PerformedWhen a therapist commits sexual battery or performs any form of

sexual misconduct on their client

5.001 L• The therapist

makes false or misleading representations in their practice

• The therapist does a trick or scheme in their practice

5.001 L

Fines dealing with

Offenses

Minimum Disciplinary Action

Maximum Disciplinary Action

1st Offense

$250 fine • $1,000 fine and reprimand

2nd Offense

$500 fine • $1,000 fine and probation

3rd Offense

$1,000 fine • $1,000 fine and 1yr suspension followed by probation

5.001 LMinimum Disciplinary Action Maximum Disciplinary Action

(Any of these actions can be taken under each cell)

1st Offense $10,000 fine • $10,000 fine &/or reprimand

• Probation• Suspension and then

probation• Permanent revocation of

license

2nd Offense 10,000 fine • $10,000 fine &/or probation

• Suspension then probation• Permanent revocation of

license 3rd Offense $10,000 fine • $10,000 fine &/or 1yr

suspension and then probation

• Permanent revocation of license

Fines for cases dealing with Fraud

5.001 M

• Obtaining clients (personally or

through an agent) using lies(fraud), intimidation, or any other form that is uncalled

for

Fines for

Offenses

Minimum Maximum

1st Offense $500 fine and reprimand

• $1000 fine and/or 6 month suspension followed by probation

• Permanent revocation

2ND Offense $1000 and reprimand

• $1000 fine and/or 1yr suspension followed by probation


3rd Offense $1000 fine and 1yr suspension followed by probation

• $1000 fine and/or permanent revocation

5.001 M

Fines for Fraud

MINIMUM MAXIMUM

1ST Offense • $10,000 fine and reprimand

• $10,000 fine and/or 6 month suspension then probation


2nd Offense • $10,000 fine and reprimand

• $10,000 fine and/or 1yr suspension then probation


3rd Offense • $10,000 fine and 1yr suspension followed by probation

• $10,000 fine and/or permanent revocation

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5.001 NWhen the client pays or prepares certain documents/tests/reports etc. and then they request it through a written request, but the counselor does not provide it to them

Minimum Maximum


$1,000 fine and probation

2nd Offense $1000 fine and probation

$1,000 fine and 1yr suspension followed by probation

5.001 O• When the counselor fails to

respond within 30 days to a written communication from the Department or the Board concerning an investigation by either institution

Or• When the counselor fails to

provide any necessary records that are related to the investigation about their conduct or background

Minimum Maximum

1st Offense 1,000 fine and reprimand


2nd Offense $1,000 fine and probation

$1,000 fine & 1yr suspension followed by probation

3rd Offense $1,000 fine & 1yr suspension followed by probation

Denial of license or $1,000 fine and permanent revocation

5.001 P• When the counselor is

unable to practice their profession with reasonable skills due to any of these:– Mental/physical condition– Illness– Drunkenness– Drugs/narcotics/chemical

Minimum Maximum

1st Offense $1,000 fine and probation

$1,000 fine and suspension until the counselor appears before the board and demonstrates the they are able to practice with reasonable skill. Followed by probation

2nd Offense suspension until the counselor appears before the board and demonstrates the they are able to practice with reasonable skill. Followed by probation

$1,000 fine and permanent revocation

5.001 QMinimum Maximum


• $1,000 fine and/or probation

• 1yr suspension then probation


2nd Offense $1,000 fine and 1yr probation

• $5,000 fine and 2yrs suspension followed by probation


3rd Offense $1,000 fine and 1yr suspension followed by probation

• Denial of license or $5,000 fine and/or permanent revocation

Violating provisions of Chapter 491 or 456, F.S., or any rule adopted in accordance to it.

5.001 R

When the counselor performs any treatment or prescribes any therapy which would be seen by the mental health community as experimentation on human subjects without getting written consent first.

Minimum Maximum1st Offense $500 fine

and reprimand



$1,000 fine and 1yr suspension followed by probation


Denial of license or $1,000 fine and permanent revocation

5.002 SMinimum Maximum


• $5,000 fine and/or probation

• 1yr suspension then probation



• $1,000 fine and/or 1yr suspension followed by probation



• Denial of license• $1,000 fine and

permanent revocation

When the counselor does not meet the minimum standards of performance in their professional performance compared to general peer performance. This includes initiating in activities in which the counselor is not qualified to do due to insufficient training and experience.

5.001 TWhen the counselor shifts his professional responsibilities to someone he/she knows that is not qualified by experience or training to do the responsibility

Minimum Maximum

1st Offense $1,000 fine and reprimand






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