The Board proposes the rule amendment to revise the rule to allow for resolution of additional violations through the issuance of citations and to update the rule if necessary.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-7.002Citations

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

SUMMARY: The rule amendment will revise the rule to allow for resolution of additional violations through the issuance of citations and to update the rule if 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: 456.077, 486.025 FS.

LAW IMPLEMENTED: 456.077 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:

 

64B17-7.002 Citations.

(1) through (2) No change.

(3) The Board designates the following as citation violations:

(a) Violation of Section 456.062, F.S., advertising Advertising for discounted services, a (Section 456.062, F.S.)– A fine of $250.

(b) Failure to turn over patient records as required by (Section 456.057, F.S.), a A fine of $100.

(c) Violation of Section 456.072(1)(h), F.S., obtaining Obtaining a license by issuing a bad check, a (Section 456.072(1)(h), F.S.) –A fine of $100.

(d) Failure to report in writing to the Board within 30 days after criminal conviction of licensee as required by Section 456.072(1)(w), F.S., a A fine of $250.

(e) Failure to display required signs, licenses, and permits as specified in Section 456.077(2), F.S., a fine of $100.

(f) Failure to report another licensee in violation of a statute or rule of the Board, as required by Section 456.072(1)(i), F.S., a fine of $500.

(g) Making or filing a report which the licensee knows to be false, or negligently failing to file a report or record required by state or federal law, as prohibited by Section 456.072(1)(l), F.S., a fine of $500.

(h) Non-intentional issuance of a bad check to the Department under Section 486.125(1)(k), F.S., a fine of $100.

(i)(e) Failure of the licensee to satisfy continuing education requirements established by the Board pursuant to (Rule 64B17-9.001, F.A.C.):

1. through 2. No change.

(j) Falsely certifying compliance with required continuing education requirements for the purpose of renewing a license, a fine of $2,000.

(k)(f) Failure to keep current mailing or practice address on file or notify the Board office in writing of a change of address as required by (Rule 64B17-6.004, F.A.C.), a A fine of $250.

(l)(g) Failure to comply with a continuing education audit request as required by (Sections 486.109(4) and 486.125(1)(k), F.S.), a A fine of $250, and licensee must provide proof of compliance with continuing education requirements within 60 days of the date the citation was filed.

(m)(h) Failure to pay required fees, and/or fines, or costs in a timely manner as required by (Rule 64B17-7.0025, F.A.C.), a A fine of $150.

(4) through (5) No change.

Rulemaking Authority 456.077, 486.025 FS. Law Implemented 456.077 FS. History–New 1-19-92, Formerly 21MM-7.003, Amended 10-28-93, Formerly 61F11-7.003, 59Y-7.003, Amended 1-6-99, 1-6-02, 4-18-04, 7-13-05, 11-16-08, 7-7-10,_________.

 

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