The Board proposes the rule amendment to revise the rule to allow for resolution of additional violations through mediation and to update the rule as necessary.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-7.004Mediation

PURPOSE AND EFFECT: The Board proposes the rule amendment to revise the rule to allow for resolution of additional violations through mediation and to update the rule as necessary.

SUMMARY: The rule amendment will revise the rule to allow for resolution of additional violations through mediation and to update the rule as necessary.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.078, 486.025 FS.

LAW IMPLEMENTED: 456.078 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B17-7.004 Mediation.

The Board finds that the following offenses may be mediated if the offense meets the criteria of Section 456.078, F.S., mediation is an acceptable resolution of the following violations that are economic in nature or can be remedied by the licensee, and there is no intentional misconduct where the licensee has a differing view from the complainant as to the nature or extent of the violation:

(1) through (2) No change.

(3) Non-intentional issuance Issuance of a bad check to the Department under Section 486.125(1)(k), F.S.

(4) Failure to turn over patient records as required by Section 456.057, F.S.

(5) Failure to provide the specific disclosure statement required by Section 456.062, F.S., which must appear in any advertisement for a free, discounted fee, or reduced fee service.

(6) Failure to notify the Board office in writing of a change of address within 60 days as required by Rule 64B17-6.004, F.A.C.

(7) Charging a patient or patient’s legal representative a fee for releasing patient records in excess of that authorized by Rule 64B17-6.005, F.A.C.

(8) Failure to pay required fees, fines, or costs in a timely manner as required by Rule 64B17-7.0025, F.A.C.

(9) Failure to satisfy continuing education requirements as required by Rule 64B17-9.001, F.A.C.

Rulemaking Specific Authority 456.078, 486.025 FS. Law Implemented 456.078 FS. History–New 12-22-94, Formerly 59Y-7.005, Amended 4-28-04,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 7, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 27, 2013