The proposed rule amendments are intended to set forth a disciplinary guideline for failure to successfully complete an impaired practitioners program and to clarify the rule with regard to citation violations.  

  • RULE NO: RULE TITLE
    64B8-44.003: Disciplinary Guidelines
    64B8-44.005: Citations
    PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth a disciplinary guideline for failure to successfully complete an impaired practitioners program and to clarify the rule with regard to citation violations.
    SUMMARY: The proposed amendment to Rule 64B8-44.003, F.A.C., sets forth the discipline for failing to successfully complete an impaired practitioners program. The amendments to Rule 64B8-44.005, F.A.C., eliminate redundancy in the rule.
    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: 456.077 FS., 456.079 FS., 458.309 FS., 468.507 FS.
    LAW IMPLEMENTED: 456.077 FS., 456.079 FS., 468.517 FS., 468.518 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 Love, Executive Director, Dietetics and Nutrition Practice Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255
    THE FULL TEXT OF THE PROPOSED RULE IS:
    64B8-44.003 Disciplinary Guidelines.

    (1) through (3) No change.

    (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.

    Violation

    Recommended Range of Penalty

    (a) through (q) No change.

     

    (r) Being terminated from or failing to successfully complete an impaired practitioners treatment program.

    (r) First offense - Minimum stayed suspension and probation for a period of one (1) year with a fine of $500.00 to a maximum of suspension or denial of license until successful completion or receipt of a written confirmation from the program that further treatment is neither required nor indicated followed by a one (1) year probation and a fine of $1,500.00.

    Subsequent offenses - Minimum suspension for three (3) years or until licensee is able to demonstrate to the Board the ability to practice with reasonable skill and safety, whichever is longer and a fine of $1,000.00 to a maximum of revocation or denial of license and a $3,000.00 fine.

    (s)(r) No change.

     

    (5) through (7) No change.

     

    Specific Authority: 456.079, 458.309, 468.507 FS. Law Implemented: 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, ________.
    NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practice Council
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2006
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2005

Document Information

Comments Open:
2/17/2006
Summary:
The proposed amendment to Rule 64B8-44.003, F.A.C., sets forth the discipline for failing to successfully complete an impaired practitioners program. The amendments to Rule 64B8-44.005, F.A.C., eliminate redundancy in the rule.
Purpose:
The proposed rule amendments are intended to set forth a disciplinary guideline for failure to successfully complete an impaired practitioners program and to clarify the rule with regard to citation violations.
Rulemaking Authority:
456.077 FS. , 456.079 FS. , 458.309 FS. , 468.507 FS.
Law:
456.077 FS. , 456.079 FS. , 468.517 FS. , 468.518 FS.
Contact:
Susan Love, Executive Director, Dietetics and Nutrition Practice Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255
Related Rules: (2)
64B8-44.003. Disciplinary Guidelines
64B8-44.005. Citations