The proposed rule amendment is intended to add the penalty of revocation for a part of the range in penalty for a first offense of Section 456.072(1)(u), Florida Statutes.

DEPARTMENT OF HEALTH
Board of Athletic Training

RULE NO: RULE TITLE
64B33-5.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendment is intended to add the penalty of revocation for a part of the range in penalty for a first offense of Section 456.072(1)(u), Florida Statutes.
SUMMARY: The proposed rule amendment adds revocation of licensure as a possible first time penalty for the violation of Section 456.072(1)(u), Florida Statutes.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.072, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, 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 (4)  No change.

(5)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) through (i)  No change.
(j) 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 sexual activity. (456.072(1)(u), F.S.)	From reprimand to revocation suspension of the license, and an administrative fine ranging from $1,000.00 to $4,000.00, or refusal to certify an application for licensure.	From probation to revocation of the license, and an administrative fine ranging from $4,000.00 to $7,000.00, or refusal to certify an application for licensure.	From suspension to revocation of  license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.
(k) No change.

Specific Authority 456.072, 468.705, 468.719 FS.  Law Implemented 456.072, 456.079, 468.719 FS.  History – New 10-22-02, Amended                 .

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Athletic Training
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Athletic Training
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 29, 2006