Florida/Georgia Personal Injury & Workers Compensation

...en with the Department of Professional Regulation (DPR). Thereafter, Stogniew also filed a civil action against McQueen for negligence. While the civil action was pending, a final decision was reached by DPR which concluded that McQueen had violated section 491.009(2)(s), Florida Statutes (1989), [1] by failing to meet *919 the minimum standards of performance in his professional relationship with Stogniew when measured against generally prevailing peer performance....

...Therefore, she was not in privity nor was she virtually represented by DPR. [4] *921 Therefore, we approve the decision of the court below and answer the certified question in the negative. It is so ordered. OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Section 491.009(2) provides in relevant part: The following acts of licensee, certificateholder, or applicant are grounds for which the disciplinary actions ......

...The Respondent was denied a license to practice a psychological service in Nebraska prior to his application for licensure in Florida. Based upon his response to the application question regarding prior denial of licensure and the inaccurate verification form, Chrysler was charged with violating sections 491.009(2)(a) and 491.009(2)(q), Florida Statutes (1991)....

...CHAIRMAN: As we look at the stipulation which we counter-proposed ... I think things have changed somewhat since then... . I think there's been some real questions brought up during this meeting. Mr. Szuch has acknowledged those questions. The Board formally voted to revoke Chrysler's license based on violation of section 491.009(2)(a) and to impose an administrative fine based on violation of section 491.009(2)(q)....

...Accordingly, we reverse and remand for a consistent proceeding in which the Board may, if it so desires, amend its administrative complaint to include the allegations of sexual misconduct. Our disposition of this matter makes it unnecessary to address the remaining issues on appeal. SMITH and KAHN, JJ., concur. NOTES [1] Section 491.009(2)(a) authorizes disciplinary action where an applicant attempts to obtain, obtains, or renews a license or certificate by bribery or fraudulent misrepresentation or through an error of the board or the department. Section 491.009(2)(q) authorizes disciplinary action for violations of chapter 455, including violations of section 455.227(1)(e), for "obtain[ing a license] by fraud or material misrepresentation of a material fact." [2] Although the Nebraska case w...

...It would be an Orwellian world that punishes both the failure to inform a parent of a danger to a child, on the one hand, and actually informing the parent of such danger, on the other. We next turn to the other grounds for DOH’s action. The Licensee was also found to have violated section 491.009(l)(n) and (o), 3 which authorize discipline when a Licensee fails to provide patient records upon written request of the patient or fails to make available any relevant records pertinent to the department’s investigation regarding the licensee’s background, respectively....

...om asserting the privilege, and. therefore the Licensee was under no obligation to furnish these records to the mother without her 16-year old child’s consent. As regards the charge that the Licensee failed to furnish the child’s records to DOH, section 491.009(l)(o) requires a licensee to respond to an investigation by an agency or board within 30 days. The record shows that the Licensee did respond to the investigation within 30 days; he promptly filed a detailed denial of the charges and offered further cooperation. Section 491.009(l)(o) also requires a licensee to make available any relevant records about the “the licensee’s background.” When DOH receives a complaint from a party involved in a domestic relations custody dispute accusing a therapist of failing to furnish that parent with a “competent” child’s treatment file, 4 section 491.009(l)(o) does not give DOH the authority to compel the production of the file without the child patient’s consent....

...The record then shows that when presented with evidence of the child’s authorization, the Licensee furnished the records to DOH. Thus the failure to provide records to DOH was similarly unproven. The final charge was that the Licensee failed to meet minimum standards of performance in professional activities as required by section 491.009(l)(r)....

...y someone who lacked the appearance of such a conflict. REVERSED. GUNTHER and MAY, JJ., concur. . The record does not disclose the substance of any custody and visitation decree. . He pleaded his own cause, for he was unrepresented by counsel. . See § 491.009(1), Fla....

the five fields of sanitation enumerated in Section 491.09 as the fields on which examinations are to

...therapy, mental-health counseling, and psychological services may not “[f]ail[] to meet the minimum standards of performance in pro- fessional activities when measured against generally prevailing peer performance.” Fla. Stat. §§ 490.009(1)(r); 491.009(1)(r)....

...other words, licensed professionals must comply with the standard of care in their mental-healthcare practices. Historically, Florida has enforced these rules and others like them.12 So when it comes to talk therapy, under Fla. Stat. §§ 490.009(1)(r) and 491.009(1)(r), Florida has undertaken disciplinary actions against licensed practitioners whom the State concludes have failed to meet the substantive standard of care....

...2020-05957, the Depart- ment brought a complaint against a licensed clinical social worker that alleged he “failed to meet the minimum standards of perfor- mance in clinical social work when measured against generally pre- vailing peer performance,” in violation of Fla. Stat. § 491.009(1)(r). Fla....

...of performance in professional activities when measured against USCA11 Case: 19-10604 Date Filed: 07/20/2022 Page: 52 of 110 20 ROSENBAUM, J., Dissenting 19-10604 generally prevailing peer performance,” in violation of Fla. Stat. § 491.009(1)(r)....

...2006-00013 (Department brought a complaint against a licensed mental-health counselor that alleged she “fail[ed] to meet the minimum standards of performance in professional ac- tivities when measured against generally prevailing peer perfor- mance,” in violation of Fla. Stat. § 491.009(1)(r), by, among other things, “showing a lack of professionalism in [her] written commu- nications to the [client]”); Fla....

...2016-14260—where Florida disciplined a licensed social worker and marriage and fam- ily therapist for “[f]ailing to meet the minimum standards of per- formance in professional activities when measured against gener- ally prevailing peer performance,” in violation of Fla. Stat. § 491.009(1)(r), by, among other things, “utilizing incorporation therapy” in treatment and “failing to use a therapy approach in her treatment ....

...tions are no different from disciplining a licensed professional for “[f]ailing to meet the mini- mum standards of performance in clinical social work when meas- ured against generally prevailing peer performance,” in violation of Fla. Stat. § 491.009(l)(r), by “utilizing [SOCE] therapy.” All these USCA11 Case: 19-10604 Date Filed: 07/20/2022 Page: 61 of 110 19-10604 ROSENBAUM, J., Dissenting 29 examples sanction a l...

...He was advised that his failure to respond might result in Pagni’s being denied licensure. He responded as a psychologist and acknowledged a professional relationship with Pagni. He then deceived the Department concerning Pagni’s background in violation of section 491.009(1), (2), Florida Statutes, and, because of such deceit, Pagni was licensed and permitted to practice counseling vdth youths, members of the class intended to be protected by the statute....

advertisements, and signs, *231naming the licensee.” Section 491.009(2)(q), Florida Statutes (1991), indicates that

...Therefore, there are no less restrictive means than the terms outlined in this Order that will adequately protect the public. (Emphasis added). In its conclusions of law, the Department recognized the seriousness with which the Legislature and the Department view this type of misconduct: 2. Section 491.009(1)(k), Florida Statutes (2016-2017), subjects a clinical social worker to discipline, including restriction, for committing any act upon a patient or client which would constitute sexual battery or which would constitu...

...Field admitted the sexual conduct, although he claimed it was consensual. These distinctions are unavailing. The Legislature specifically authorized action against a social worker’s conduct not only for sexual battery but also for sexual misconduct. § 491.009(1)(k), Fla....