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

 

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