The Board proposes the rule amendment to modify the disciplinary guidelines.

DEPARTMENT OF HEALTH
Board of Opticianry

RULE NO: RULE TITLE
64B12-8.020: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify the disciplinary guidelines.
SUMMARY: The rule amendment will modify the disciplinary guidelines.
SUMMARY OF STATEMENT 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), 456.079, 484.005 FS.
LAW IMPLEMENTED: 456.072, 456.079, 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/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-8.020 Disciplinary Guidelines.

(1) through (5)(o) No change.

(p) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (456.072(1)(ii), F.S.)	(p) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(q) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (456.072(1)(jj), F.S.)	(q) From a letter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.	(q) From a reprimand to suspension of license, and an administrative fine of $1000.00 to $5,000.00.	(q) From suspension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.
(r) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (456.072(1)(kk), F.S.)	(r) From a letter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.	(r) From a reprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.	(r) From suspension to revocation of license, and an administrative fine of $1,000.00 to $5,000.00.
(s) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (456.072(1)(ll), F.S.)	(s) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

(6) No change.

Rulemaking 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, 5-25-06, 6-24-08,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Opticianry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 6, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 2, 2009