The proposed rule amendments are intended to clarify language in the rule with regard to the range of punishment; aggravating or mitigating factors; and range of penalties for certain offenses. Additionally, the Board proposes the development of ...  

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    DEPARTMENT OF HEALTH

    Board of Occupational Therapy

    RULE NO.: RULE TITLE:

    64B11-4.003: Standards of Practice; Discipline

    PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify language in the rule with regard to the range of punishment; aggravating or mitigating factors; and range of penalties for certain offenses. Additionally, the Board proposes the development of rule amendments pursuant to Section 456.072(1)(oo), F.S., and 456.072(1)(aa), F.S.

    SUMMARY: The proposed rule amendments clarify language in the rule with regard to the range of punishment for certain violations; clarify language with regard to aggravating or mitigating factors; and clarify the range of penalties for certain offenses. Additionally, the proposed rule amendments set forth violations and penalties for offenses pursuant to Section 456.072(1)(oo), F.S., and 456.072(1)(aa), F.S.

    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 amendment 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, 468.204 FS.

    LAW IMPLEMENTED: 456.072, 456.079, 468.217 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 Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B11-4.003 Standards of Practice; Discipline.

    (1) No change.

    (2) Among the range of punishments including any and all in Section 456.072(2), F.S., in increasing severity are:

    (a) through (b) No change.

    (c) Suspension for a minimum of ninety days and thereafter until the licensee appears before the Board to demonstrate current competency and ability to practice safely and compliance with any previous Board orders.

    (d) Licensure with conditions.

    (e)(d) Denial of licensure with conditions to be met prior to any reapplication.

    (f)(e) Permanent Revocation, with limited ability to reapply.

    (3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended below. The Board shall consider as aggravating or mitigating factors the following:

    (a) through (f) No change

    (g) Any other relevant mitigating or aggravating factors.

    (4) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure.

    In addition to the penalty imposed, the Board shall recover the costs of investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.

     

    VIOLATION

    PENALTY
    RANGE MINIMUM

    MAXIMUM

    (a) No change.

     

     

    (b) Action taken against license

     

     

    by another jurisdiction.

     

     

    (468.217(1)(b), 456.072(1)(f), F.S.)

     

     

     

     

     

    First Offense

    Imposition of discipline

    which would have been

    Revocation Suspension/denial

     

    if the substantive

    until the license

     

    violation occurred in

    is unencumbered

     

    Florida and $100 fine

    in the jurisdiction

     

     

    in which disciplinary

     

     

    action was originally

     

     

    taken and $1,000 fine.

     

     

    Impaired practitioners

     

     

    working in Florida

     

     

    may be ordered into the PRN

    Second Offense

    Imposition of discipline

    Revocation

     

    which would have been

    until the license is

     

    if the substantive

    unencumbered in

     

    violation occurred in

    the jurisdiction in

     

    Florida and a $1,000 fine

    which disciplinary

     

     

    action was originally

     

     

    taken and $2,000 fine.

     

     

    Impaired practitioners

     

     

    working in Florida may be ordered into the PRN

    Third Offense

    Revocation and $10,000 fine

     

    (c) through (g) No change.

     

     

    (h) Failure to perform legal

     

     

    obligation.

     

     

    (468.217(1)(h), 456.072(1)(k), F.S.)

     

     

    First Offense

    Letter of Concern

    6 months probation

     

    and $100 fine

    with conditions and

     

     

    $100 fine, unless otherwise provided by law

    Second Offense

    6 months probation with

    6 months

     

    conditions and $100 fine

    suspension,

     

     

    1 year probation

     

     

    with conditions

     

     

    and $1,000 fine, unless otherwise provided by law

    Third Offense

    6 months suspension, 1

    Revocation and

     

    year probation with

    $5,000 fine

     

    conditions and $500 fine

    conditions and $500 fine

    (i)  through (s) No change.

     

     

    (t) Inability to practice occupational

     

     

    therapy with skill and safety.

     

     

    (468.217(1)(t), 456.072(1)(z), F.S.)

     

     

    First Offense

    Submit to mental/physical

    Submit to mental/

     

    examination and impose

    physical examination

     

    conditions on practice

    and suspension

     

     

    until able to

     

     

    demonstrate ability

     

     

    to practice with

     

     

    reasonable skill

     

     

    and safety, followed by probation with conditions

    Second Offense

    Submit to mental/physical

    Submit to mental/

     

    examination and

    physical examination

     

    suspension until able to

    and suspension

     

    demonstrate ability to

    until able to

     

    practice with reasonable

    demonstrate ability

     

    skill and safety, followed

    by probation with conditions

    to practice with

    reasonable skill

     

     

    and safety, followed by probation with

    conditions, and

     

     

    $3,000 fine

    Third Offense

    Submit to mental/physical

    Revocation and

     

    examination, suspension

    $5,000 fine

     

    until able to demonstrate

     

     

    ability to practice with

     

     

    reasonable skill and safety,

    followed by probation

    with conditions,

     

     

    and $3,000 fine

     

    (u) through (w) No change.

     

     

    (x) Violating Chapters 468, 456, F.S.,

    or any rules adopted pursuant thereto.

    (468.217(1)(x), 456.072(1)(dd) (cc), F.S.)

     

     

    First Offense

    Suspension until law

    or rule complied with

    and $500 fine

    Revocation and $1,500 fine

    Second Offense

    6 months suspension,

    1 year probation with

    conditions and $1,500

    fine

    Revocation and

    $5,000 fine

    (y) through (mm)  No change.

     

     

    (nn) Willfully failing to comply with

    Section 627.64194 or Section 641.513, F.S.,

    with such frequency as to indicate a general

    business practice.

    456.072(1)(oo), F.S.

     

     

    First Offense

     

    Letter of Concern and

    $500 fine

     

    6 months probation with conditions and $1,000 fine

     

    Second Offense

     

    Reprimand and $3,000

    fine

    Revocation and $5,000 fine

    Third Offense

     

    Reprimand and $5,000

    Fine

    Revocation and $10,000 fine

     

    (oo)  Testing positive for any drug on confirmed

    preemployment or employer ordered drug

    screening without lawful prescription.

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

     

     

    First Offense

     

    Submit to mental/physical

    examination and impose

    conditions on practice

     

    Submit to mental/

    physical examination

    and suspension

    until able to

    demonstrate ability

    to practice with

    reasonable skill

    and safety, followed

    by probation with

    conditions

     

    Second Offense

     

    Submit to mental/physical

    examination and

    suspension until able to

    demonstrate ability to

    practice with reasonable

    skill and safety, followed

    by probation with conditions

     

    Submit to mental/

    physical examination

    and suspension

    until able to

    demonstrate ability

    to practice with

    reasonable skill

    and safety, followed

    by probation with

    conditions, and

    $3,000 fine

     

    Third Offense

     

    Submit to mental/physical

    examination, suspension

    until able to demonstrate

    ability to practice with

    reasonable skill and safety,

    followed by probation,

    and $3,000 fine

    Revocation and

    $5,000 fine

     

     

     

     

     

     

     

     

     

     

     

    (5) through (7) No change.

    Rulemaking Authority 456.079, 468.204 FS. Law Implemented 456.072, 456.079, 468.217 FS. History–New 9-12-88, Amended 11-9-92, Formerly 21M-15.002, 61F6-15.002, 59R-63.002, Amended 1-27-00, 12-27-01, 12-27-05, 4-10-08, 8-5-10, 4-18-12,                                 .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Occupational Therapy

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 31, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2016

     

Document Information

Comments Open:
11/17/2016
Summary:
The proposed rule amendments clarify language in the rule with regard to the range of punishment for certain violations; clarify language with regard to aggravating or mitigating factors; and clarify the range of penalties for certain offenses. Additionally, the proposed rule amendments set forth violations and penalties for offenses pursuant to Section 456.072(1)(oo), F.S., and 456.072(1)(aa), F.S.
Purpose:
The proposed rule amendments are intended to clarify language in the rule with regard to the range of punishment; aggravating or mitigating factors; and range of penalties for certain offenses. Additionally, the Board proposes the development of rule amendments pursuant to Section 456.072(1)(oo), F.S., and 456.072(1)(aa), F.S.
Rulemaking Authority:
456.079, 468.204 FS.
Law:
456.072, 456.079, 468.217 FS.
Contact:
Allen Hall, Executive Director, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255.
Related Rules: (1)
64B11-4.003. Standards of Practice; Discipline