The proposed rule amendment is intended to clarify language with regard to penalties.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Board of Veterinary Medicine

RULE NO.:RULE TITLE:

61G18-30.001Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendment is intended to clarify language with regard to penalties.

SUMMARY: The proposed rule amendments clarify the penalties in paragraph (2)(b) and correct the citation in paragraph (3)(d) of the rule.

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: 455.2273(1), 474.206 FS.

LAW IMPLEMENTED: 455.2273, 474.213, 474.214 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: Ruthanne Christie, Executive Director, Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, FL 32399-0751, N13, or by electronic mail - [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61G18-30.001 Disciplinary Guidelines.

(1) No change.

(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines:

(a) No change.
(b) Having a license to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof.	The usual action of the Board for a first offense shall be the imposition of discipline concurrent with that of the other jurisdiction to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000.00 to $2,500.00. The usual action of the board for a second offense shall be the imposition of discipline concurrent with that of the other jurisdiction to revocation or denial of the license, and an administrative fine ranging from $2,500.00 to $5,000.00 will be a penalty generally concurrent with that of the other jurisdiction with the addition of appropriate safeguards as determined by the Board.
(c) through (pp) No change.

(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

(a) through (c) No change.
(d) Being adjudicated mentally incompetent.	The usual action of the Board will be consistent with paragraph
	(2) (i) (j) above.
(e) through (i) No change.

(4) through (7) No change.

Rulemaking Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, 8-20-09, 2-24-14, 11-2-20,                 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Veterinary Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 16, 2020