The proposed rule amendments are intended to update language and to clarify disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Orthotists and Prosthetists

RULE NO.:RULE TITLE:

64B14-7.003Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendments are intended to update language and to clarify disciplinary guidelines.

SUMMARY: The proposed rule amendments update language and clarify disciplinary guidelines.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 456.072(4), 456.079(1), 468.802 FS.

LAW IMPLEMENTED: 456.072, 456.079, 468.811 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 Spivey, Executive Director, Board of Orthotists and Prosthetists, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B14-7.003 Disciplinary Guidelines.

(1) No change

(2) Violations and Ranges of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and 120.57(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		PENALTY RANGE
			MINIMUM	MAXIMUM

 

VIOLATION	PENALTY RANGE MINIMUM	PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license or certificate by bribery, fraudulent misrepresentation fraud or through an error of the Department or the Board. (468.811(1)(a), 456.072(1)(h), F.S.)
First Offense	Denial/revocation with ability to reapply and $1000 fine	Denial/revocation with ability to reapply and $10,000 $3000 fine
Second Offense	Revocation with ability to reapply and up to $10,000 $3000 fine	Revocation with no ability to reapply and $10,000 $6000 fine
Third Offense	Revocation with ability to reapply and $6,000 fine	Revocation with no ability to reapply and $10,000 fine
(b) Action taken against license by another jurisdiction. (468.811(1)(b), 456.072(1)(f), F.S.)
First Offense	Imposition of discipline which would have been imposed if the substantive violation occurred in Florida	Suspension/denial or revocation until the license is unencumbered in the jurisdiction in which action was originally taken and $1000 fine. Impaired practitioners working in Florida may be ordered into the PRN
Second Offense	Imposition of discipline which would have been imposed if the substantive violation occurred in Florida and a $1000 fine	Revocation until the license is unencumbered in the jurisdiction in which action was originally taken and $2000 fine Impaired practitioners working in Florida may be ordered into the PRN.
(c) Being convicted or found guilty of or pleading nolo contendere to, regardless of adjudication, in any jurisdiction, Guilt of a crime that directly relates relating to practice or ability to practice the licensee’s profession. (468.811(1)(c), 456.072(1)(c), F.S.)
First Offense	6 months probation with conditions and $1000 fine	Denial/revocation and $5000 fine
Second Offense	1 year suspension and $5000 fine	Revocation and $10,000 fine
(d) Filing a false report or failing to file a report as required; willfully impeding or obstructing such filing; or inducing another person to impede or obstruct such filing. (468.811(1)(d), 456.072(1)(l), F.S.)
First Offense	1 year probation with conditions and $100 fine	6 months suspension 1 year probation with conditions and $250 fine
Second Offense	6 months suspension, 1 year probation with conditions and $250 fine	Revocation and $500 fine
Third Offense	1 year suspension, 2 years probation with conditions and $500 fine	Revocation and $1000 fine
(e) Fraudulent, false False, deceptive, or misleading advertising. (468.811(1)(e), F.S.)
First Offense	Reprimand	6 months suspension and $250 to $10,000 fine
Second Offense	1 year 6 months suspension and up to $10,000 $250 fine	Revocation and $10,000 fine 9 months suspension and $500 fine
Third Offense	9 months suspension and $500 fine	1 year suspension and $1000 fine
(f) – (g) No change.
(h) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession Deceptive, untrue or fraudulent representations in any application, affidavit or statement provided to the Board in any proceeding before the Board. (468.811(1)(k)(j), 468.809, 456.072(1)(a), (m)(q), F.S.)
First Offense	1 year probation with conditions and up to $10,000 $500 fine	1 year suspension, 1 year probation with conditions and up to $10,000 $1500 fine
Second Offense	2 years 1 year suspension, 2 years 1 year probation with conditions and up to $10,000 $1500 fine	Revocation and $10,000 $3000 fine
Third Offense	2 years suspension, 2 years probation with conditions and $3000 fine	Revocation and $5000 fine
(i) Practicing orthotics, prosthetics, or pedorthics with a delinquent license. (456.036, 468.811(i), F.S.)
First Offense	1 year suspension, 1 year probation with conditions and $1000 fine	2 years suspension, 2 years probation with conditions and $5000 fine
Second Offense	Revocation and $5000 fine	Revocation and $10,000 fine
(j) Failure to notify the Board of the licensee’s current mailing address and place of practice. (456.035(1) , 468.811(i), F.S.)
First Offense	Reprimand	Reprimand and $100 fine
Second Offense	Reprimand and $100 fine	3 months probation with conditions and $250 fine
Third Offense	3 months probation with conditions and $250 fine	6 months probation with conditions and $500 fine
(k) Violation of an law, rule, order, order of the board, agency, or department previously entered in a disciplinary hearing Board, or failure to comply with a subpoena issued by the board, agency, or department. (468.811(1)(f)(g), (j), 456.072(1)(q), (cc), F.S.)
First Offense	Suspension until law, rule, order, or subpoena is complied with and $500 fine	Revocation and $1500 fine
Second Offense	6 months suspension, 1 year probation with conditions and $1500 fine	Revocation and $5000 fine
(l) through (p) No change.
(q) Failure to report another licensee in violation. (456.072(1)(i), F.S.)
First Offense	Reprimand	Reprimand and $100 fine
Second Offense	6 months probation with conditions and $500 fine	6 months suspension, 6 months probation with conditions and $1000 fine
Third Offense	6 months suspension, 6 months probation with conditions and $1000 $500 fine	1 year suspension, 1year probation with conditions and $1000 fine
(r) Assisting, procuring, employing, or advising Aiding or abetting any unlicensed person or entity to practice. (456.072(1)(j), F.S.)
First Offense	1 year probation with conditions, and $1000 fine	6 months suspension, 1 year probation with conditions and $3000 fine
Second Offense	6 months suspension, 1 year probation with conditions and $3000 fine	1 year suspension, 2 years probation with conditions and $6000 fine
Third Offense	1 year suspension, 2 years probation with conditions and $6000 fine	Revocation and $10,000 fine
(s) – (t) No change.
(u) Practicing, offering to practice, beyond the scope permitted by law or accepting and performing professional responsibilities the registrant knows, or has reason to know, the registrant is not competent to perform. (456.072(1)(o), 468.811(1)(l), F.S.)
First Offense	6 months probation with conditions including refund of fees billed and collected and $500 fine	6 months suspension, 6 months probation with conditions or denial/revocation and $10,000 fine
Second Offense	6 months suspension, 6 months probation with conditions and $1000 fine	1 year suspension, 1 year probation with conditions and $10,000 fine
Third Offense	1 year suspension, 1 year probation with conditions and $2500 fine	Revocation and $10,000 fine
(v) No change.
(w) Delegating or contracting for the performance Delegation of professional responsibilities by a to unqualified person when the registrant delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. (456.072(1)(p), F.S.)
First Offense	1 year probation with conditions and $500 fine	6 months suspension, 1 year probation with conditions and $1000 fine
Second Offense	6 months suspension, 1 year probation with conditions and $1000 fine	1 year suspension, 2 years probation with conditions and $2500 fine
Third Offense	1 year suspension, 2 years probation with conditions and $2500 fine	Revocation and $5000 fine
(x) No change.
(y) Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1). Exercising influence to engage patient in sex. (456.072(1)(v)(u), F.S.)
First Offense	1 year suspension, 4 years probation with conditions and $2500 fine	Denial/revocation and $5000 fine
Second Offense	Revocation and $5000 fine	Revocation and  $10,000 fine
(z) Failure to report to the Board before October 1, 1999, any convictions, findings of guilt, or pleas of nolo contendere entered before July 1, 1999, that have not previously been reported. (456.072(1)(x)(w), F.S.)
First Offense	Reprimand and $250 fine	6 months probation with conditions and $500 fine
Second Offense	6 months probation with conditions and $500 fine	6 months suspension, 6 months probation with conditions and $1000 fine
Third Offense	6 months suspension, 6 months probation with conditions and $1000 fine	Revocation and $2000 fine
(aa) Being convicted or found guilty of or entering a plea of nolo contendere to,regardless of adjudication, a crime in any jurisdiction which relates to the practice of or ability to practice a licensee’s profession. (468.811(1)(b), 456.072(1)(c), F.S.)
First Offense	6 months probation with conditions and $1000 fine	Denial/revocation and $5000 fine
Second Offense	1 year suspension and  $5000 fine	Revocation and $10,000 fine
(bb) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (456.072(1)(a), 456.072(1)(m), 468.811(1)(k), F.S.)
First Offense	1 year probation with conditions and up to a $10,000 $500 fine	1 year suspension, 1 year probation with conditions and up to a $10,000 $1500 fine
Second Offense	1 year suspension, 1 year probation with conditions and up to a $10,000 $1500 fine	Revocation and up to a $10,000 $3000 fine
Third Offense	2 years suspension, 2 years probation with conditions and up to a $10,000 $3000 fine	Revocation and up to a $10,000 $5000 fine
(cc) Failing to report to the board within 30 days after the licensee has been convicted or found guilty of, or entered into a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (456.072(1)(x)(w), F.S.)
First Offense	Reprimand and $250 fine	6 months suspension, 1 year probation with conditions and $500 fine
Second Offense	6 months suspension, 1 year probation with conditions and $500 fine	1 year suspension, 2 years probation with conditions and $1000 fine
Third Offense	1 year suspension, 2 years probation with conditions and $1000	Revocation and $2000 fine
(dd) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents. (456.072(1)(y)(x), F.S.
First Offense	Citation	Citation and $250 fine
Second Offense	Reprimand and $250 fine	Reprimand and $500 fine
Third Offense	Reprimand and $500 fine	6 months probation with conditions and $1000 fine
(ee) Being terminated from an impaired practitioner treatment program, for failure to comply with terms of contract or for not successfully completing any drug-treatment or alcohol-treatment program. (456.072(1)(hh) (gg), F.S.)
First Offense	Suspension until the licensee is able to demonstrate his/her ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions.	Revocation
Second or Subsequent Offense	Suspension until the licensee is able to demonstrate his/her ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions, or revocation, and up to $2,000 fine.
(ff) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7bm relating to the Medicaid program. (456.072(1)(ii), F.S.)
First Offense	Revocation or in the case of application for licensure, denial of license.
(gg) –(hh)  No change.
(ii) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (456.072(1)(ll), FS)
First Offense	Revocation or in the case of application for licensure, denial of license and a $10,000 fine.

(3) through (4) No change.

Rulemaking Authority 456.072(4), 456.079(1), 468.802 FS. Law Implemented 456.072(1), (ii), (jj), (kk), (ll), (4), 456.079, 468.811 FS. History–New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Orthotists and Prosthetists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Orthotists and Prosthetists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 4, 2015