Standards of Practice; Discipline

 

DEPARTMENT OF HEALTH

Board of Occupational Therapy

RULE NO.:RULE TITLE:

64B11-4.003Standards of Practice; Discipline

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 154, August 7, 2020 issue of the Florida Administrative Register.

The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B11-4.003.  On November 9, 2020, the Board approved changes to the proposed rule language:

 

64B11-4.003 Standards of Practice; Discipline.

(1) through (3) No change.

(4) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure.

In addition to the penalty imposed, the Board shall recover the costs of investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.

VIOLATION	PENALTY RANGE
	MINIMUM	MAXIMUM
(a) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, fraudulent misrepresentation, or through an error of the Department or the Board. (Sections 468.217(1)(a), and 456.072(1)(h), F.S.)
First Offense	6 months probation with conditions or certify application with restrictions and $1,000 fine.	1 year suspension and $5,000 fine. Permanent revocation with ability to reapply and $3,000 fine.
Second and Subsequent Offenses	Restriction of practice or license or denial of licensure and $5,000 fine.	Permanent revocation or denial of licensure and $10,000 fine.

 

However, if the violation is not through an error but is for making a false or fraudulent representation or bribery, the fine is increased to $10,000 per count or offense.

(b) Action taken against license by another jurisdiction. (Sections 468.217(1)(b), and 456.072(1)(f), F.S.)
First Offense		Letter of concern and $500 fine.		Permanent revocation Imposition of discipline which would have been if the substantive violation occurred in Florida
Second and Subsequent Offenses		Imposition of discipline which would have been if the substantive violation occurred in Florida 1 year suspension  and a $2,500$1,000 fine.		Permanent revocation and $10,000 fine.
(c) Guilt of a crime directly relating to practice or ability to practice. (Section 468.217(1)(c), F.S.)
First Offense		6 months probation with conditions and $1,000 fine.		Permanent revocation and $5,000 fine.
Misdemeanor     Felony     Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.   Crimes involving fraudulent misrepresentation   Second and Subsequent Offenses		Reprimand and $250 fine.     1 year probation with conditions and $1,000 fine.   1 year suspension and $5,000 fine.     1 year suspension and $5,000 fine.   1 year suspension and $5,000 fine.		1 year probation with conditions and $500 fine.   1 year suspension and $2,500 fine.   Permanent revocation and $10,000 fine.     Permanent revocation and $10,000 fine.   Permanent revocation and $10,000 fine.
Misdemeanor     Felony     Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.     Crimes involving fraudulent misrepresentation     (d) through (o) No Change.		1 year probation with conditions and $500 fine.   1 year suspension and $2,500 fine.   2 - year suspension and $10,000 fine.     2 - year suspension and $10,000 fine.		1 year suspension and $1,000 fine.   Permanent revocation and $5,000 fine.   Permanent revocation and $10,000 fine.     Permanent revocation and $10,000 fine.
(p) Performing professional services not authorized by patient. (Section 468.217(1)(p), F.S.)
First Offense	Letter of concern and $500 fine.		6 months probation with conditions and $2,5001,000 fine.
Second and Subsequent Offenses	1 year probation with conditions 3 months suspension and $2,500 fine.		Restriction of practice or license Permanent revocation and $10,000 fine.
(q) through  (s) No Change.
(t) Inability to practice occupational therapy with skill and safety. (Sections 468.217(1)(t), 456.072(1)(z), F.S.)
First Offense	Submit to mental/physical examination and impose conditions on practice.		Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.
Second and Subsequent Offenses	1 year suspension and then sSubmit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety., followed by probation with conditions.		Permanent Revocation and $5,000 fine.
(u) through (z) No Change
(aa) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice a licensee’s profession. (Section 456.072(1)(c), F.S.)
First Offense	6 months probation with conditions and $1,000 fine.
Misdemeanor     Felony     Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.   Crimes involving fraudulent misrepresentation.   Second and Subsequent Offenses       Misdemeanor	Reprimand and $250 fine.     1 year probation with conditions and $1,000 fine.   1 year suspension and $5,000 fine.     1 year suspension and $5,000 fine.   Restriction of practice or license1 year suspension and $5,000 fine.   1 year probation with conditions and $500 fine.		1 year probation with conditions and $500 fine.   1 year suspension and $2,500 fine.   Permanent revocation and $10,000 fine.     Permanent revocation and $10,000 fine.   Permanent revocation and $10,000 fine.     1 year suspension and $1,000 fine.
Felony     Felony crimes having a factual basis related to assault, battery, abuse, or which otherwise caused bodily harm.   Crimes involving fraudulent misrepresentation.   (bb) - (oo) No Change.    (pp) Providing information, including written documentation, indicating that a person’s need for an emotional support animal under s.760.27 without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal. (Section 456.072(1)(pp), F.S.   First Offense         Second and Subsequent Offenses	1 year suspension and $2,500 fine.    2 year suspension and $10,000 fine.     2 year suspension and $10,000 fine.                         1 year probation with conditions and a $5,000 fine.       1 year suspension, 1 year probation with conditions, and a $5,000 fine.		Permanent revocation and $5,000 fine.   Permanent revocation and $10,000 fine.     Permanent revocation and $10,000 fine.                         6 months suspension, 6 months probation with conditions, and a $10,000 fine.   Permanent revocation and a $10,000 fine.

(5) through (7) No Change.

 

Rulemaking Authority 456.079, 468.204 FS. Law Implemented 456.072, 456.079, 468.217 FS. History–New 9-12-88, Amended 11-9-92, Formerly 21M-15.002, 61F6-15.002, 59R-63.002, Amended 1-27-00, 12-27-01, 12-27-05, 4-10-08, 8-5-10, 4-18-12, 1-10-17,_________.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3253.