The Board proposes amending language within the disciplinary guidelines.

RULE NO: RULE TITLE
64B12-8.020: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes amending language within the disciplinary guidelines.
SUMMARY: The proposed rule amendments will clarify language in the disciplinary guidelines.
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(2)(d) FS., 456.079 FS., 484.005 FS.
LAW IMPLEMENTED: 456.072 FS., 456.079 FS., 484.014 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: Sue Foster, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-8.020 Disciplinary Guidelines.

(1) through (2) No change.

(3) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has committed any of the acts set forth in Section 484.014, F.S., 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 (e) No change.
(f) No change.	(f) From reprimand to probation of the license, and an administrative fine ranging from $1000.00 to $3000.00, and if fraud is proven , an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(f) From probation to suspension of the license, and an administrative fine ranging from $3000.00 to $5000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(f) From suspension to revocation of the license, and an administrative fine ranging from $5000.00 to $10,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.
(g) Practicing with a revoked, suspended, inactive, retired, or delinquent license. (484.014(1)(g), F.S.)	(g) No change.	(g) No change.	(g) No change.
(h) through (t) No change.

(4) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated subsection 484.014(1)(g), F.S., by violating any of the following Board rules, 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 (d) No change.
(e) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Board will request the Department will to enter a cease and desist order.	(e) No change.	(e) No change.	(e) No change.
(f) through (i) No change.
(j) Failure to file the proper report upon termination of properly terminate an apprenticeship as required by Rule 64B12-16.004, F.A.C.  For each offense, depending upon aggravating and mitigating circumstances, the board may deny credit for hours of apprenticeship.	(j) No change.	(j) No change.	(j) No change.
(k) Failure to file the proper report upon properly notify the Department of termination of as a sponsorship as required by Rule 64B12-16.004 16.006, F.A.C.  Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.	(k) No change.	(k) No change.	(k) No change.
(l) through (n) No change.

(5) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated subsection 456.063(3) or 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) No change.	(a) No change.	(a) No change	(a) No Change
(b) No change.	(b) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00. and if If fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(b) From probation to revocation of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(b) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.
(c) through (d) No change.
(e) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Board will request the Department will to enter a cease and desist order.	(e) No change.	(e) No change.	(e) No change.
(f) No change.
(g) No change.	(g) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00. and if If a fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(g) From probation to suspension of the license, without the ability to reapply, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(g) From suspension to revocation of license, without the ability to reapply, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.
(h) through (l) No change.
(m) Termination from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in s. 456.076, F.S. Termination can be for failure to comply with the terms of the monitoring or treatment contract entered into by the licensed practitioner, failure to successfully complete any drug treatment or alchohol-treatment program, or termination from a monitoring or treatment contract without good cause (456.072(1)(gg), F.S.)	(m) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(m) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(m) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00 or refusal to certify an application for licensure.

(6) through (7) No change.

Specific Authority 456.072(2)(d), 456.079, 484.005 FS. Law Implemented 456.072, 456.079, 484.014 FS. History–New 3-5-87, Amended 3-30-89, 4-22-90, 12-23-90, 1-27-93, Formerly 21P-8.020, Amended 5-2-94, Formerly 61G13-8.020, 59U-8.020, Amended 12-3-01, 3-16-04, ________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Opticianry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 11, 2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 20, 2006