The proposed rule amendments are intended to set forth additional offenses which the Board has deemed appropriate for mediation

 

DEPARTMENT OF HEALTH
Board of Massage

RULE NO.: RULE TITLE:
64B7-30.005Mediation
PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth additional offenses which the Board has deemed appropriate for mediation
SUMMARY: The proposed rule amendments set forth additional offenses which are appropriate for mediation.
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: 456.078 FS.
LAW IMPLEMENTED: 456.078 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: Anthony Jusevitch, Executive Director, Board of Acupuncture/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B7-30.005 Mediation.

Pursuant to Section 456.078, F.S., the Board designates first time violations of the following as appropriate for mediation:

(1)  Violation of Section 480.046(1)(d) 480.047(1)(a), F.S.:, failure to include license number in an advertisement by practicing on a delinquent license.

(2)              Violation of Section. 480.046(1)(e) or (j) or Section 480.047(1)(a), F.S.: practicing or allowing another person to practice on adelinquent license for 60 days or less Failure to timely respond to a continuing education audit in violation of subsection 64B7-28.009(5), F.A.C.

(3)  Violation of Section 480.046(1)(m), F.S., if the violation did not present an immediate threat to public health.

(4)  Violation o f Section 480.046(1)(n), F.S.: practicing at an establishment with a license deliquent 60 days or less.

(5)  Violation of Section 456.072(1)(i), F.S.: failure to report a licensee known to be in violation.

(6)  Violation of Section 456.072(1)(k), F.S.: failure to perform a legal obligation

(7)  Violation of Section 456.072(1)(u), F.S.: failure to comply with Sections 381.026 and 381.0261, F.S.

(8)  Violation of Section 456.072(1)(x), F.S.: failure to report convictions to the Department.

(9)  Violation of Rule 64B7-28.008: failure to display a license or certificate.

(10)  Violation of Rule 64B7-26.003(4): failure to maintain insurance coverage.

(11)  Violation of  Section 456.035(1), F.S.: failure to notify change of address.

(12)  Violation of Section 456.013(7), F.S.: failure to complete medical errors CE.

(13)  Violation of Section 456.072(1)(t), F.S.: failure to properly identify licensee.

(14) Failure to timely respond to a continuing education audit in violation of subsection 64B7-28.009(5), F.A.C.

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 1-2-95, Amended 4-21-97, Formerly 61G11-30.005, Amended 12-19-04,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Massage Therapy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Massage Therapy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 28, 2013