To update language to clarify disciplinary guidelines.

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH

Board of Orthotists and Prosthetists

RULE NO.:RULE TITLE:

64B14-7.003 Disciplinary Guidelines.

PURPOSE AND EFFECT: To update language to clarify disciplinary guidelines.

SUMMARY: Update language to clarify disciplinary guidelines.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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 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: 456.072(4), 456.079(1), 468.802 FS.

LAW IMPLEMENTED:  56.072(1), (ii), (jj), (kk), (ll), (4), 456.079, 468.811 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:  Anthony Spivey, Executive Director, Board of Orthotists and Prosthetists, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B14-7.003 Disciplinary Guidelines.

(1) through (2) No change.

VIOLATION		PENALTY RANGE
		MINIMUM	MAXIMUM

 

VIOLATION	PENALTY RANGE MINIMUM	PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license or certificate by bribery, fraudulent misrepresentation fraud or through an error of the Department or the Board. (468.811(1)(a), 456.072(1)(h), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(b) No change.
First Offense	No change.	Suspension/denial or revocation until the license is unencumbered in the jurisdiction in which action was originally taken and $1000 fine.  Impaired practitioners working in Florida may be ordered into the PRN
Second Offense	No change.	Revocation until the license is unencumbered in the jurisdiction in which action was originally taken and $2000 fine Impaired practitioners working in Florida may be ordered into the PRN.
(c) Being convicted or found guilty of or pleading nolo contendere to, regardless of adjudication, in any jurisdiction, a crime that directly relates relating to practice or ability to practice the licensee’s profession. (468.811(1)(c), 456.072(1)(c), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
(d) Filing a false report or failing to file a report as required; willfully impeding or obstructing such filing; or inducing another person to impede or obstruct such filing. (468.811(1)(d), 456.072(1)(l), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(e) Fraudulent, fFalse, deceptive, or misleading advertising. (468.811(1)(e), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(f) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(g) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(h) Making misleading, dDeceptive, untrue or fraudulent representations in or related to the practice of the licensee’s profession any application, affidavit or statement provided to the Board in any proceeding before the Board.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(i) No change. (456.036, 468.811(i), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
(j) No change. (456.035(1) , 468.811(i), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(k) Violation of an law, rule, order, order of the bBoard, agency, or department previously entered in a disciplinary hearing or failure to comply with a subpoena issued by the board, agency, or department. (468.811(1)(f)(g), (j), 456.072(1)(q), (cc), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
(l) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
(m) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
(n) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
(o) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
(p) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(q) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	6 months suspension, 6 months probation with conditions and $1000 500 fine	No change.
(r) Assisting, procuring, employing, or advising Aiding or abetting any unlicensed person or entity to practice. (456.072(1)(j), F.S.)
First Offense	1 year probation with conditions, and $1000 fine	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(s) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(t) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
(u) Practicing, offering to practice, beyond the scope permitted by law or accepting and performing professional responsibilities the registrant knows, or has reason to know, the registrant is not competent to perform. (456.072(1)(o), 468.811(1)(l), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(v) No change.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(w) Delegating or contracting for the performance Delegation of professional Responsibilities by a to unqualified person when the registrant 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.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(x) Improperly interfering with an investigation or inspection authorized by statute, or with a disciplinary proceeding. (456.072(1)(r), F.S.) ,
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(y) Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1). Exercising influence to engage patient in sex. (456.072(1)(v)(u), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
(z) Failure to report to the Board before October 1, 1999, any convictions, findings of guilt, or pleas of nolo contendere entered before July 1, 1999, that have not previously been reported. (456.072(1)(x)(w), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(aa) No change. (468.811(1)(b), 456.072(1)(c), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
(bb) No change. (456.072(1)(a), 456.072(1)(m), 468.811(1)(k), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(cc) No change. (456.072(1)(x)(w), F.S.)
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(dd) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents. (456.072(1)(y)(x), F.S.
First Offense	No change.	No change.
Second Offense	No change.	No change.
Third Offense	No change.	No change.
(ee) Being terminated from an impaired practitioner treatment program, for failure to comply with terms of contract or for not successfully completing any drug-treatment or alcohol-treatment program. (456.072(1)(hh)(gg), F.S.)
First Offense	No change.	Revocation
Second or Subsequent Offense	Suspension until the licensee is able to demonstrate his/her ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions, or revocation, and up to $2,000 fine.
(ff) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7bm relating to the Medicaid program. (456.072(1)(hh)(ii), F.S.)
First Offense	Revocation or, in the case of application for licensure, denial of license.
(gg) No change.
First Offense	No change.
(hh) No change. (456.072(1)(kk), F.S.)
First Offense	No change.
(ii) No change. (456.072(1)(ll), F.S.)
First Offense	No change.

(3) through (4).

Rulemaking Authority 456.072(4), 456.079(1), 468.802 FS. Law Implemented 456.072(1), (ii), (jj), (kk), (ll), (4), 456.079, 468.811 FS. History–New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Orthotists and Prosthetists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Orthotists and Prosthetists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2015