The Board proposes the development of a rule amendment to update and clarify language regarding disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-8.020Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the development of a rule amendment to update and clarify language regarding disciplinary guidelines.

SUMMARY: The proposed changes clarify the disciplinary guidelines relative to first violations of certain sections and update rule language 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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 456.079, 484.005 FS.

LAW IMPLEMENTED: 456.072, 456.079, 484.014 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: Jennifer Wenhold, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin #C-08, Tallahassee, Florida 32399-3253, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B12-8.020 Disciplinary Guidelines.

(1) through (3) No change.

(4) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated Section 484.014(1)(t), F.S., by violating any of the following Board rules, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) Failure to pay any civil penalty imposed by order of the Board within thirty days of the effective date of the order as required by Rule 64B12-8.017, F.A.C.	(a) From reprimand to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(a) From probation to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(a) From suspension to revocation of license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(b) through (e) renumbered (a) through (d) No change
(e)(f) Failure to maintain the equipment required by Rule 64B12-10.007, F.A.C.	(e)(f) Notice of Non-ComplianceFrom reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(e)(f) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(e)(f) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(f)(g) Failure to provide change of address, pursuant to Rule 64B12-10.012, F.A.C.	(f)(g) Notice of Non-ComplianceFrom a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(f)(g) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(f)(g) From reprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(h) Failure to comply with subsection 64B12-15.001(5), F.A.C., which requires the licensee to comply with the Department’s random audit of the licensee’s continuing education records.	(h) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(h) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(h) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(i) through (m) renumbered (g) through (k) No change

(5) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated subsection 456.013(2), 456.063(3), 456.065(2) or 484.013(1)(b) or Section 456.072, F.S., by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) Failure to return certificates and licenses to the Department. (456.013(2), F.S.)	(a) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(a) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(a) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(b) through (s) renumbered (a) through (r) No change

(6) through (7) No change.

Rulemaking Authority 456.072(2), 456.079, 484.005 FS. Law Implemented 456.072, 456.079, 484.014 FS. History–New 3-5-87, Amended 3-30-89, 4-22-90, 12-23-90, 1-27-93, Formerly 21P-8.020, Amended 5-2-94, Formerly 61G13-8.020, 59U-8.020, Amended 12-3-01, 3-16-04, 5-25-06, 6-24-08, 4-8-10,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Opticianry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 9, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2017