Laws, Regulations, and Ethics for Florida Psychologists, 2nd Edition _ ________________________________
(c) Consultation, which includes psychoeduca- tional, developmental, and vocational assis- tance 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 edu- cationally and psychologically sound learning environments; acting as a catalyst for teacher involvement in adaptations and innovations; and facilitating the psychoeducational develop- ment of individual families or groups. The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2) or s. 490.0075: (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 certifica- tion 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 prac- tice 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 depart- ment 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 obliga- tion 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 ser- vices 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. (l) Making misleading, deceptive, untrue, or fraudulent representations in the practice of any profession licensed under this chapter. (m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct. (n) Failing to make available to a patient or client, upon written request, copies of test results, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client. (o) Failing to respond within 30 days to a written communication from the department concern- ing any investigation by the department or to make available any relevant records with respect to any investigation about the licensee’s conduct or background.
490.009 DISCIPLINE (1)
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