Changes to the violations identified for mediation, notices of noncompliance, and citations were requested by the Department of Health in order to streamline the disciplinary process. SUMMARY: Changes have been made to the violations in order to ...

 

DEPARTMENT OF HEALTH

Board of Orthotists and Prosthetists

RULE NOS.:RULE TITLES:

64B14-7.004Citations

64B14-7.005Notice of Noncompliance

64B14-7.007Mediation

PURPOSE AND EFFECT: Changes to the violations identified for mediation, notices of noncompliance, and citations were requested by the Department of Health in order to streamline the disciplinary process.

SUMMARY: Changes have been made to the violations in order to streamline the disciplinary process.

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. There is little or no adverse impact on small business because these rules affect only individuals who have violated existing statutes and rules regulating the profession. The rule changes will likely decrease regulatory costs because some violations will be resolved early and the Department of Health’s disciplinary process will be avoided. 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: 120.695, 456.073(3), 456.072, 456.077, 456.078 FS.

LAW IMPLEMENTED: 120.695, 456.072, 456.073(3), 456.077, 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, Acting Executive Director, Board of Orthotists and Prosthetists, 4052 Bald Cypress Way, Bin #C07, Tallahassee, FL 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B14-7.004 Citations.

Pursuant to Section 456.077, F.S., the Board designates the following as citation violations:

(1) Second-time violations or when mediation is unsuccessful:

(a) Failure to timely furnish patient records in violation of subsection 456.057(4), F.S. If corrected within 15 days: Fine of $100;

(b) Failure to notify the department of a change in current mailing address in violation of Section 456.035, F.S.: Fine of $250;

(c) Tendering a check or electronic payment that is dishonored: Fine of $100 and payment of the check amount within 30 days.

(d) Failure to keep license conspicuously displayed in licensee’s office, place of business, or place of employment in violation of subsection 468.8095(3), F.S.: Fine of $100 and compliance within 30 days;

(e) Failure to prominently wear an identification tag or badge during patient contact in violation of subsection 468.8095(3), F.S.: Fine of $100.

(2) First-time violations:

(1) Failure to furnish patient records in a timely manner in violation of Section 456.057(4), F.S.:  If corrected within 15 days, fine of $100.

(a)(2) No change.

(3) Failure to notify the Board of a change of current mailing address in violation of Section 456.035, F.S., second offense: Fine of $500.

(b)(4) No change.

(c) Failure to satisfy continuing education requirements: Fine of $100 per hour of continuing education not completed;

(d) Failure to timely pay fees or costs imposed by a final order of the Board: Fine of $500.00, but double the original fee or fine if not paid within 60 days from the date due;

(5) Failure of the licensee to satisfy continuing education requirements established by the board: Fine of $100 per hour of continuing education not completed.

(6) Tendering a check that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check amount within 30 days.

(7) Failure to pay a fee or fine timely: If paid no later than 60 days from the date due, a fine of $500.00; if fine or fee is paid but more than 60 days from the date due, the fine shall be double the original fee or fine amount.

(8) Failure to pay a one time assessment fee assessed pursuant to Rule 64B14-2.013, F.A.C., in a timely manner: a fine of $500.00 and payment of the assessment.

Rulemaking Authority 456.072, 456.077 FS. Law Implemented 456.072, 456.077 FS. History–New 7-1-98, Amended 3-19-02, 10-24-04, 4-25-06, 3-1-10,___________.

 

64B14-7.005 Notice of Noncompliance.

Pursuant to Sections 120.695 and 456.073(3), F.S., the Board designates the following as minor violations for which the Board authorizes issuance of a notices of noncompliance for a first-time offense:

(1) Renewal of a license by fraudulent misrepresentation through submitting a worthless check or dishonored electronic payment.

(2) No change.

Rulemaking Authority 120.695, 456.073(3) FS. Law Implemented 120.695, 456.073(3) FS. History–New 7-1-98; Amended ___________.

 

64B14-7.007 Mediation.

The Board finds that mediation is an acceptable resolution of the following first-time violations that are economic in nature or can be remedied by the licensee:

(1) Failure to timely furnish patient records;

(2) Failure to notify the department of a change in current mailing address;

(3) Tendering a check or electronic payment that is dishonored;

(4) Failure to keep license conspicuously displayed in licensee’s office, place of business,

or place of employment;

(5) Failure to prominently wear an identification tag or badge during patient contact.

Rulemaking Authority 456.078, FS. Law Implemented 456.078 FS. History–New _________.

 

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: February 28, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 27, 2014