For Rule 64B8-44.002, F.A.C., to remove extraneous language and clarify requirements for fraudulent, false, deceptive, or misleading advertising; for Rule 64B8-44.003, F.A.C., to remove duplicative language from §§456.066 and 456.072(5), F.S., and ...

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-44.002Fraudulent, False, Deceptive, or Misleading Advertising.

64B8-44.003Disciplinary Guidelines.

64B8-44.006HIV/AIDS: Knowledge of Antibody Status; Action to be Taken.

64B8-44.007Standards of Practice.

64B8-44.008Performance of Delegated Tasks by Non-Licensed Personnel.

64B8-44.009Unauthorized Treatments.

PURPOSE AND EFFECT: For Rule 64B8-44.002, F.A.C., to remove extraneous language and clarify requirements for fraudulent, false, deceptive, or misleading advertising; for Rule 64B8-44.003, F.A.C., to remove duplicative language from §§456.066 and 456.072(5), F.S., and clarify requirements for disciplinary guidelines; for Rule 64B8-44.006, F.A.C., repeal rule to remove duplicative language found in §456.032, F.S., which does not constitute a rule; for Rule 64B8-44.007, F.A.C., to remove repetitive and non-rule language, consolidate language from Rules 64B8-44.008 and .009, F.A.C., and clarify requirements for standards of practice.

SUMMARY: To remove extraneous, duplicative and non-rule language, consolidate language; clarify requirements for fraudulent, false, deceptive, or misleading advertising, for disciplinary guidelines, and for standards of practice.

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: 456.032, 456.072(1)(t), 456.079, 458.309, 468.503(4), 468.507, 468.516(1)(a), (2)(a) FS.

LAW IMPLEMENTED: 456.032, 456.072(1)(t), 456.079, 468. 503(3), (4), (5), (8), 468.511, 468.516, 468.517, 468. 518(1)(b), (g), (h), (j), (k), (2) 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, Dietetics and Nutrition Practice Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B8-44.002 Fraudulent, False, Deceptive, or Misleading Advertising.

(1) The Board permits the dissemination to the public of legitimate information, in accordance with the Board’s rules, regarding dietetics and nutrition practice, and where and from whom such services may be obtained so long as information is in no way fraudulent, false, deceptive or misleading.

(2) through (4) No change.

Rulemaking Specific Authority 468.507 FS. Law Implemented 468.518(1)(g), (h), (j) FS. History–New 12-4-90, Formerly 21M-50.002, Amended 6-22-94, Formerly 61F6-50.002, Amended 2-20-96, Formerly 59R-44.002, Amended             .

 

64B8-44.003 Disciplinary Guidelines.

(1) through (5) No change.

(6) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Department to send a letter of guidance, in any case for which it finds such action appropriate. A letter of guidance may be issued to a licensee in lieu of a finding of probable cause, pursuant to Section 456.073(4), F.S.; however, the Department shall not recommend a letter of guidance in lieu of finding probable cause if the subject has already been issued a letter of guidance for a related offense.

(7) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate. A letter of guidance may be issued to a licensee in lieu of a finding of probable cause, pursuant to Section 456.073(4), F.S.; however, the Department shall not recommend a letter of guidance in lieu of finding probable cause if the subject has already been issued a letter of guidance for a related offense.

Rulemaking Authority 456.072(1)(t), 456.079, 458.309, 468.507 FS. Law Implemented 456.072(1)(t), 456.079, 468.517, 468.518(2) FS. History–New 12-4-90, Formerly 21M-50.003, Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98, 8-19-99, 9-28-00, 9-26-01, 2-13-03, 4-10-06, 1-8-07, 5-13-10,             .

 

64B8-44.006 HIV/AIDS: Knowledge of Antibody Status; Action to be Taken.

Rulemaking Authority 468.507, 456.032 FS. Law Implemented 456.032, 468.518(1)(b) FS. History–New 11-9-92, Formerly 21M-50.006, 61F6-50.006, 59R-44.006, Repealed            .

 

64B8-44.007 Standards of Practice.

Licensees, under Chapter 468, Part X, F.S., shall comply with the following standards in their professional practice and conduct, which reflect the ethical principles of the dietetic/nutrition professional and outline obligations of the licensee to self, client, society and the profession.

(1) The licensee shall provide professional service with objectivity and with respect for the unique needs and values of individuals.

(2) The licensee shall avoid discrimination against individuals on the basis of race, creed, religion, sex, age, national origin or handicap.

(3) The licensee shall practice dietetics and nutrition counseling without treating or undertaking to treat human ailments by means other than by dietetics and nutrition practice.

(4) The licensee shall assume responsibility and accountability for personal competence in practice.

(5) The licensee shall inform the public and colleagues of services by use of factual information and shall not advertise in a misleading manner or in violation of the requirements of Section 456.072(1)(t), F.S.

(6) The licensee shall promote or endorse products only in a manner that is true and not misleading.

(7) The licensee shall not make any false or misleading claims about the efficacy of any dietetic/nutrition, nutrition counseling services, or weight control services.

(1)(8) The licensee shall maintain confidentiality of information.

(2)(9) The licensee shall recognize and exercise professional judgement within the limits of the licensee’s qualifications and seek counsel or make referrals as appropriate.

(3)(10) The licensee shall take reasonable action to inform a patient’s physician or encourage the patient to consult the physician where a patient’s nutritional status indicated a change in health status or new information about the health status has surfaced. This shall be documented in the patient’s record.

(11) The licensee shall provide sufficient information to enable patients to make their own informed decisions.

(12) The licensee shall present substantiated information and interpret controversial information without personal bias, recognizing that legitimate differences of opinion exist.

(4)(13) The licensee shall accurately present professional qualifications and credentials.:  The licensee shall use “LD,” “LN” or “LNC” only when licensure is current and authorized by the Council Board, and Department.

(a) The licensee shall use “LD”, “LN”, or “LNC” only when licensure is current and authorized by the Council Board, and Department.

(b) The licensee or applicant shall provide accurate information and comply with all requirements of the Council, Board, or Department when seeking initial or continued licensure.

(c) The licensee shall not provide false or misleading information to an employer, the public, or a patient regarding the status of licensure, professional qualifications, or educational credentials.

(14) The licensee shall not aid another person in violating any Florida laws or rules relating to dietetics or nutrition practice, aid another person in representing that person as an “LD”, “LN”, or “LNC” when the person is not licensed by this Council, or impersonate or act as proxy for an applicant in any examination for registration, licensure, or specialization.

(5)(15) No change.

(6) The licensee shall be responsible for all delegated acts performed by persons under either direct or indirect supervision.  Supervision means the licensee oversees the activities of those persons and gives final approval to any procedures by non-licensed supportive personnel. Direct supervision means on-site supervision.

(7) Licensees shall not maintain clinical laboratories or collect or order analysis of any human specimen sample unless they also hold licensure as designated practitioners defined by Section 483.035(1) or 483.041(6), F.S.

(8) Any modality such as naturopathy or colonic irrigation shall be performed only if the individual is properly licensed by the Department. These practices are not within the scope of dietetics/nutrition practice.

(16) When providing direct supervision to a student, trainee, temporary licensee, or person aiding the practice of dietetics/ nutrition, the licensee shall assume responsibility for the supervision in a manner which protects the public.

(17) The licensee shall comply with any final order relating to the licensee which is issued by the Council of the Board.

(18) The licensee shall not interfere with an investigation of disciplinary proceeding by willful misrepresentation of facts to the Council, Board, or Department or by the use of threats or harassment against any person.

(19) The licensee should voluntarily withdraw from professional practice and notify the Council under the following circumstances:

(a) The licensee has engaged in any substance abuse that could affect practice in a manner that could harm the patient.

(b) The licensee has been adjudged by a court to be mentally incompetent.

(c) The licensee has an emotional, physical or mental disability that affects practice in a manner that could harm the patient.

(20) The licensee complies with all applicable laws and regulations concerning the profession. The licensee should voluntarily withdraw from professional practice, notify the Council, Board or Department and be subject to disciplinary actions under the following circumstances:

(a) The licensee has been convicted of a crime under the laws of the United States which is a felony or a misdemeanor, an essential element of which is dishonesty and which is related to the practice of the profession.

(b) The licensee has been disciplined by a state and at least one of the grounds for the discipline is the same or substantially equivalent to these rules.

(c) The licensee has committed an act of misfeasance, or malfeasance which is directly related to the practice of the profession as determined by a court of competent jurisdiction, a licensing board, or an agency of a governmental body.

(9)(21) No change.

Rulemaking Authority 456.072(1)(t), 468.503(4), (5), 468.507, 468.516(1)(a), (2)(a) FS. Law Implemented 456.072(1)(t), 468.503(4), 468.516, 468.517, 468.518 FS. History–New 6-22-94, Formerly 61F6-50.007, Amended 2-20-96, Formerly 59R-44.007, Amended 7-14-03, 4-26-04, 1-8-07, Amended 7-6-10,             .

 

64B8-44.008 Performance of Delegated Tasks by Non-Licensed Personnel.

Rulemaking Specific Authority 468.507 FS. Law Implemented 468.503(5), 468.511, 468.517, 468.518(1)(k) FS. History–New 2-28-93, Formerly 21M-50.008, 61F6-50.008, 59R-44.008, Repealed            .

 

64B8-44.009 Unauthorized Treatments.

Rulemaking Specific Authority 468.507 FS. Law Implemented 468.503(3), (4), (8) FS. History–New 6-22-94, Formerly 61F6-50.009, Amended 2-20-96, Formerly 59R-44.009, Repealed            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practice Council

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 30, 2015