The rule promulgation provides disciplinary action for telehealth registrants.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NO.:RULE TITLE:

64B13-15.0065Disciplinary Action; Telehealth Registrants.

PURPOSE AND EFFECT: The rule promulgation provides disciplinary action for telehealth registrants.

SUMMARY: Disciplinary action for telehealth registrants will be provided in the rule promulgation.

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 and the substance of the rule, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; 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: 456.47(7) FS.

LAW IMPLEMENTED: 456.47(4) 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: Joe R. Baker, Jr., Acting Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, telephone: [phone], or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B13-15.0065 Disciplinary Action; Telehealth Registrants.

This rule applies to health care professionals not licensed in Florida but who have registered as a telehealth provider pursuant to Section 456.47(4), Florida Statutes.

(1)  For any violation that is designated as a Minor Administrative Violation in rule 64B13-15.003(1), Florida Administrative Code, the range of penalties are as follows:

(a) First violation – Letter of concern.

(b) Second violation – Reprimand.

(2) For any violation that is designated as a Major Administrative Violation in rule 64B13-15.003(1), Florida Administrative Code, the range of penalties are as follows:

(a) First violation – Reprimand to Suspension.

(b) Second violation – Suspension.

(c) Third violation – Revocation.

(3) For any violation that is designated as a Minor Patient Care Violation in rule 64B13-15.005, Florida Statutes, the range of penalties are as follows:

(a) First violation – Letter of Concern.

(b) Second violation – Reprimand.

(4)  For any violation that is designated as a Major Patient Care Violation in rule 64B13-15.006(1), Florida Administrative Code, the range of penalties are as follows:

(a) First violation –Suspension.

(b) Second violation – Revocation.

(5) The Board designates a violation of Section 456.47(4)(i)1., 2., or 3., Florida Statutes, as a Major Administrative Violation.

(6) A suspension may be accompanied by a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.

Rulemaking Authority 456.47(7) FS.  Law Implemented 456.47(4) FS., History-New             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 14, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 7, 2022