- (1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 456, Part II, or 491, F.S., or of the rules promulgated thereunder has occurred, shall be made by a majority vote of a probable cause panel; except as provided in subsection (2), below.
- (2) In the event panel members disagree as to a finding of probable cause, the Secretary of the Department of Health shall determine whether probable cause exists to believe that a violation has occurred.
- (3) The probable cause panel shall consist of at least two professional members and one consumer member if one is available and willing to serve. Any of the appointments may be a past Board member, but at least one must be a current member of the Board.
- (4) The probable cause panel members shall be assigned by the Chairman of the Board and each panel shall meet as necessary.
- (5) If the number of appointed members of the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling falls to three or fewer members, the Department shall determine probable cause until the number of appointed members equals four or more.
Rulemaking Authority 456.073, 491.004(5) FS. Law Implemented 456.073 FS. History–New 1-3-91, Amended 2-24-93, Formerly 21CC-5.006, 61F4-5.006, 59P-5.006, Amended 8-9-00, 8-13-08, 12-25-25.