The Board proposes the rule amendment to add disciplinary guidelines for violations.  

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    DEPARTMENT OF HEALTH

    Board of Athletic Training

    RULE NO.:RULE TITLE:

    64B33-5.001Disciplinary Guidelines

    PURPOSE AND EFFECT: The Board proposes the rule amendment to add disciplinary guidelines for violations.

    SUMMARY: Disciplinary guidelines for violations will be added.

    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: 456.079, 468.705, 468.719 FS.

    LAW IMPLEMENTED: 456.072, 456.079, 468.719 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 Athletic Training, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    64B33-5.001 Disciplinary Guidelines.

    (1) through (2) No change.

    (3) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has committed any of the acts set forth in Section 468.719, F.S., 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) Committing

    incompetency or

    misconduct in the practice of athletic training.

    (Section 468.719(1)(a), F.S.)

    From reprimand to probation of the license, a and an administrative fine

    ranging from $500.00 to $750.00 fine, or refusal to certify an licensure application for

    licensure.

    From probation to

    suspension of the license, and an administrative fine ranging from $750.00 to $1,000.00 fine, or refusal to certify an licensure application for

    licensure.

    From suspension to revocation of the license, and an administrative fine ranging from $1,000.00 to $1,500.00 fine, or refusal to certify an licensure application for licensure.

    (b) Committing fraud or deceit in the practice of athletic training.

    (Section 468.719(1)(b), F.S.)

    From reprimand to probation of the license, and if fraud is proven, an

    administrative fine of $10,000.00, or refusal to certify an licensure application

    for licensure.

    From probation to suspension of the license, and if fraud is proven, an administrative fine of

    $10,000.00, or refusal to certify an licensure application for licensure.

    From suspension to revocation of the license, and if fraud is proven, an $10,000 administrative fine of $10,000.00, or refusal to certify an licensure application for licensure.

    (c) Committing

    negligence, gross

    negligence, or repeated

    negligence in the practice of athletic training.

    (Section 468.719(1)(c), F.S.)

    From reprimand to suspension of the license, and an administrative

    fine ranging from $1,000.00

    to $2,500.00 fine, or refusal to certify an licensure application for licensure

    From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00 fine, or refusal to certify an licensure application for licensure.

    From suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an licensure application for licensure.

    (d) While practicing

    athletic training, Bbeing

    unable to practice

    athletic training with

    reasonable skill and

    safety to athletes by reason of illness or use of alcohol or drugs or as a result of any mental or physical condition.

    (Section 468.719(1)(d), F.S.)

    Section 456.072(1)(z), F.S.)

     

    From reprimand to suspension of the license, and an administrative

    fine ranging from $1,000.00

    to $2,500.00 fine, or refusal to certify an licensure application for licensure.

    From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00 fine, or refusal to certify an licensure application for licensure.

    From suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an licensure application for licensure.

    (4) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has violated 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) Making misleading,

    deceptive, or fraudulent

    representations in or related to the practice of athletic training.

    (Section 456.072(1)(a), F.S.)

    From reprimand to suspension of the license, and if fraudulent

    representations are proven, an $10,000 administrative fine of $10,000.00, or refusal to certify an licensure application for licensure.

    From probation to revocation of the license, and if fraudulent

    representations are proven, an $10,000 administrative fine of $10,000.00, or refusal to certify an licensure application for licensure.

    From suspension to revocation of license, and if fraudulent representations are proven, an dministrative $10,000 fine of $10,000.00, or refusal to certify an licensure application for licensure.

    (b) Having been found liable in a civil proceeding for knowingly filing a false

    report or complaint with the department against another licensee.

    (Section 456.072(1)(g), F.S.)

    From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to

    $2,500.00 fine, or refusal to certify an licensure

    application for licensure.

    From probation to revocation of the license, and an administrative

    fine ranging from $2,500.00 to $5,000.00 fine, or refusal to certify an  licensure application for licensure.

    From suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an licensure application for licensure.

     

    (c) Aiding, assisting,

    procuring, employing, or advising any unlicensed person or entity to practice athletic training contrary to Chapters 468, Part XIII and 456, F.S., or the rules of the department or the board.

    (Section 456.072(1)(j), F.S.)

    From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00 fine, or refusal to certify an licensure application for licensure.

    From probation to revocation of

    the license, and an administrative

    fine ranging from $1,000.00 to $5,000.00 fine, or refusal to certify an licensure application for licensure.

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an licensure application for licensure.

    (d) Failure to perform any statutory or legal obligation placed upon a licensee.

    (Section 456.072(1)(k), F.S.)

    From letter of concern to

    probation of the license, and an administrative fine ranging from $500.00 to $1,000.00 fine, or refusal to certify an licensure

    application for licensure.

    From reprimand to suspension of

    the license, and an administrative

    fine ranging from $1,000.00 to

    $5,000.00 fine, or refusal to certify an licensure application.

     

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an  licensure application for licensure.

    (e) Making deceptive, untrue,

    or fraudulent representations

    in or related to the practice

    of a profession or employing a

    trick or scheme in or related

    to the practice of a profession.

    (Section 456.072(1)(m), F.S.)

    From reprimand to suspension of the license, and if fraudulent

    representation(s) is proven, an

    administrative fine of $10,000.00,

    fine or refusal to certify an

    licensure application for licensure

    From probation to suspension of

    the license, without the ability to

    reapply, and if fraudulent

    representation(s) is proven, an

    administrative fine of $10,000.00,

    fine or refusal to certify an licensure application

    for licensure.

    From suspension to revocation of license, without the ability to reapply, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00 fine, or refusal to certify an licensure application for licensure.

     

    (f) Practicing or offering to

    practice beyond the scope

    permitted by law or accepting

    and performing professional

    responsibilities the licensee

    knows, or has reason to know,

    the licensee is not competent

    to perform.

    (Section 456.072(1)(o), F.S.)

     

    From reprimand to suspension of

    the license, and an administrative

    fine ranging from $250.00 to

    $1,000.00 fine, or refusal to certify an licensure

    application for licensure.

    From probation to revocation of

    the license, and an administrative

    fine ranging from $1,000.00 to

    $5,000.00 fine, or refusal to certify an licensure application for

    licensure.

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an licensure application for licensure

     

    (g) Delegating or contracting

    for the performance of

    professional responsibilities

    by a person when the licensee

    delegating or contracting for

    performance of such

    responsibilities knows, or has

    reason to know, such person is

    not qualified by training,

    experience, and authorization

    when required to perform them.

    (Section 456.072(1)(p), F.S.)

     

    From reprimand to suspension of

    the license, and an administrative

    fine ranging from $500.00 to

    $2,500.00 fine, or refusal to certify an licensure

    application for licensure.

    From probation to revocation of

    the license, and an administrative

    fine ranging from $2,500.00 to

    $5,000.00 fine, or refusal to certify an licensure application

    for licensure.

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an  licensure application for licensure.

    (h) Improperly interfering with

    an investigation or inspection

    authorized by statute, or with

    any disciplinary proceeding.

    (Section 456.072(1)(r), F.S.)

    From letter of concern to

    probation of the license, and an

    administrative fine ranging from

    $1,000.00 to $2,500.00 fine, or refusal to certify an licensure

    to certify an application for

    licensure.

    From reprimand to suspension of the license, and an administrative fine ranging from $2,500.00 to $5,000.00 fine, or refusal to certify

    an licensure application for licensure.

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an  licensure application for licensure.

     

    (i) Engaging or attempting to engage a patient or client in

    verbal or physical sexual

    activity. For the purposes of

    this section, a patient or

    client shall be presumed to

    be incapable of giving free, full,

    and informed consent to verbal

    or physical sexual activity.

    (Section 456.072(1)(v), F.S.)

     

    From reprimand to revocation of the license, and an administrative fine ranging from $1,000.00 to

    $4,000.00 fine, or refusal to certify an licensure application

    for licensure.

    From probation to revocation of

    the license, and an administrative fine ranging from $4,000.00 to

    $7,000.00 fine, or refusal to certify an licensure application for

    licensure.

    From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00 fine, or refusal to certify an licensure application for licensure.

    (j) Failing to report to the board, or the department if

    there is no board, in writing

    within 30 days after the

    licensee has been convicted

    or found guilty of, or entered

    a plea of nolo contendere to,

    regardless of adjudication, a crime in any jurisdiction.

    (Section 456.072(1)(xw), F.S.)

     

    From reprimand to probation of

    the license, and an administrative fine ranging from $1,000.00 to

    $5,000.00 fine, or refusal to certify an licensure application

    for licensure.

    From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to

    $7,000.00 fine, or refusal to certify

    an  licensure application for licensure.

     

    From suspension to revocation of license, and an administrative fine ranging from $7,000.00 to $10,000.00, or refusal to certify an licensure application for licensure.

    (k) Being convicted of, or entering a plea of guilty or

    nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s.1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program.

    (Section 456.072(1)(ii), F.S.)

    From reprimand to suspension of license up to five years and an administrative fine of $1,000 to $5,000 fine, or refusal to certify an  licensure application for licensure.

    From reprimand to suspension of license up to five years and an administrative fine of $5,000 fine, or refusal to certify an  licensure application for licensure.

    Revocation.

    (l) Failing to remit the sum owed to the state for overpayment  from the Medicaid program pursuant to a final order,

    judgment, or settlement.

    (Section 456.072(1)(jj), F.S.)

    From reprimand to suspension of license up to five years and an administrative fine of $1,000 to $5,000 fine, or refusal to certify an licensure application for licensure.

     

    From reprimand to suspension of license up to five years and an administrative fine of $105,000 fine, or refusal to certify an licensure application for licensure.

    Revocation.

    (m) Being terminated for cause from the State Medicaid program or any other state Medicaid program, or the federal Medicare program.

    (Section 456.072(1)(kk), F.S.)

    Revocation unless the applicant or licensee has been in good standing for the most recent five years or and if the action was taken by another state orf the federal program, the termination  occurred at least 20 years prior to the application date of the application.

     

     

    (n) Being convicted of, or entering into a plea of guilty

    or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud.

    (Section 456.072(1)(ll), F.S.)

    From reprimand to suspension of license up to five years and an administrative fine of $10,000 fine, or refusal to certify an licensure application for licensure

    Five year rom suspension license to five years and an administrative fine of $10,000 fine, or refusal to certify an licensure application for licensure.

    Revocation.

     

    (o) 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 licensee’s

    profession.

    (Section 456.072(1)(c), F.S.)

    From reprimand to suspension up to five years and a $2,000 fine or refusal to certify a licensure    application.

    From five year suspension to revocation and a $5,000  fine, or refusal to certify a licensure application.

     

    Revocation.

     

    (p)  Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including denial of licensure by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law.

    (Section 456.072(1)(f), F.S.)

    From reprimand to suspension up to three years and a $1,000 to $3,000 fine, or refusal to certify a licensure application.

    From five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    From five year suspension to revocation and a $7,000 to$10,000 fine, or refusal to certify a licensure application.

    (q)  Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through error of the department or the board. (Section 456.072(1)(h), F.S.)

    From reprimand to revocation and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    From reprimand to revocation and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    Revocation and a $10,000 fine,

    or refusal to certify a license application.

     

    (r) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or board.

    (Section 456.072(1)(i), F.S.)

    From reprimand to suspension up to two years and a $500 to$3,000 fine, or refusal to certify a licensure application.

    From up to five year suspension and a $5.000 to $10,000 fine, or refusal to certify a licensure application. 

    From five year suspension to revocation and a $7,000 to$10,000 fine, or refusal to certify a licensure application.

    (s) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another               person to do so.

    (Section 456.072(1)(l), F.S.)

    From reprimand to suspension up to three years and a $3,000 to $10,000 fine, or refusal to certify a licensure application.

    From suspension up to five years and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.

    (t)  Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. (Section 456.072(1)(n), F.S.)

    From reprimand to three year suspension and a $3,000 to$10,000 fine, or refusal to certify a licensure application.

    From suspension up to five years and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.

    (u)  Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the  

    Department.

    (Section 456.072(1)(q), F.S.)

    Suspension until compliance and a $1,000 to $5,000 fine

    Suspension until compliance and a $3,000 to $10,000 fine.

    Suspension until compliance and a $5,000 to $10,000 fine.

     

    (v)  Failing to identify through written notice, or orally to a patient the type of licensure under which the practitioner 

    is practicing. 

    (Section 456.072(1)(t), F.S.)

    From letter of concern to reprimand and a $250 to $500 fine. 

    Reprimand and a $1,000 to $3,000 fine.

    From reprimand to 6 month suspension and a $3,000 to  $5,000 fine.

     

     

    (w) Testing positive for any drug, as defined in s.112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate                 

    the drug.

    (Section 456.072(1)(aa), F.S.)

    Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a  licensure application.

    Suspension until deemed able to practice with reasonable skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    From suspension until deemed able to practice with reasonable skill and safety and a $5,000 to $10,000 fine, or

    refusal to certify a licensure application.

     

     

    (x) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto. (Section 468.719(1)(e), F.S.) (Section 456.072(1)(dd), F.S.)

    From reprimand up to three year suspension and a$3,000 to $5,000 fine, or refusal to certify a licensure application.

    From reprimand up to five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    From suspension up to five years to revocation and a $10,000 fine, or refusal to certify a licensure application.

     

    (y)  Being terminated from a treatment program for impaired practitioners for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.               

    (Section 456.072(1)(hh), F.S.)

    Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a licensure application. 

    Suspension until deemed able to practice with skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    From suspension until deemed able to practice with reasonable to practice with skill and safety to revocation and a $5,000 to$10,000 fine, or refusal to certify a licensure application.

     

    Rulemaking Authority 456.079, 468.705, 468.719 FS. Law Implemented 456.072, 456.079, 468.719 FS. History–New 10-22-02, Amended 1-16-07, 6-30-10, 12-19-12, 1-6-16, 10-4-16,                            .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Athletic Training

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 7, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 21, 2017

Document Information

Comments Open:
10/26/2017
Summary:
Disciplinary guidelines for violations will be added.
Purpose:
The Board proposes the rule amendment to add disciplinary guidelines for violations.
Rulemaking Authority:
456.079, 468.705, 468.719 FS.
Law:
456.072, 456.079, 468.719 FS.
Contact:
Jennifer Wenhold, Executive Director, Board of Athletic Training, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.
Related Rules: (1)
64B33-5.001. Disciplinary Guidelines