The Board proposed the rule amendment in order to set forth the minor violations for which the Department may mediate a resolution with the licensee or issue noncompliance notices or citations prior to the formal disciplinary process.

 

DEPARTMENT OF HEALTH

Board of Occupational Therapy

RULE NOS.:RULE TITLES:

64B11-4.004Notice of Noncompliance

64B11-4.005Citations

64B11-4.006Mediation

PURPOSE AND EFFECT: The Board proposed the rule amendment in order to set forth the minor violations for which the Department may mediate a resolution with the licensee or issue noncompliance notices or citations prior to the formal disciplinary process.

SUMMARY: These rules set forth the minor violations for which the Department may mediate a resolution with the licensee or issue noncompliance notices or citations prior to the formal 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. The proposed changes were initiated at the request of the Department in order to reduce regulatory costs. There is no adverse impact on small business because these rules pertain to violations of the practice act and its rules and not to the imposition of requirements or duties on small business. 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: 456.073(3), 456.077, 456.078, 468.204 FS.

LAW IMPLEMENTED: 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: Allen Hall, Executive Director, Board of Occupational Therapy, 4052 Bald Cypress Way Bin #C05, Tallahassee, Florida 32399-0797

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B11-4.004 Notice of Noncompliance.

(1) For purposes of subsection 456.073(3), F.S., the Board finds the following first time minor offenses, where there is no danger to public health, safety, and welfare and no indication of a serious inability to practice the profession, appropriate for notices of noncompliance:

(a) Failure to timely notify the Board of a change of address as required by Rule 64B11-4.007, F.A.C.;

(b) Unintentional violation of paragraph 456.072(1)(h), F.S., by submitting a worthless check or electronic payment to the Department or Board;.

(c) Overcharging a patient or patient’s legal representative for medical records;

(d) Failure to timely pay fines and costs; and

(e) Advertising violations.

(1) Pursuant to Section 456.073(3), F.S., the Board provides within this rule guidelines regarding when a notice of noncompliance may be issued for minor violations under Part III, Chapter 468, F.S.

(2) Minor violations do not endanger the public health, safety and welfare and do not demonstrate a serious inability to practice the profession. A minor violation under this provision shall include failure to notify the Board of a change of address.

(2)(3) No change.

Rulemaking Specific Authority 456.073(3), 468.204 FS. Law Implemented 456.073(3), FS. History–New 9-3-90, Formerly 21M-15.004, 61F6-15.004, 59R-63.004, Amended 6-11-02, ___________.

 

64B11-4.005 Citations.

(1) through (3) No change.

(4) The Board designates the following as citation violations:

(a) through (e) No change.

(f) Failure to timely respond to a continuing education audit/pre-audit request as required by subsection 64B11-5.001(7), F.A.C., for which the Board shall impose a penalty of $50.00, and shall require the licensee to provide within 10 (ten) days the documents showing proof of compliance with the continuing education requirements.

(f)(g) No change.

(g)(f) Failure to timely provide records to a patient or patient’s legal representative upon request as required by subsection 456.057(6), F.S., for which the Board shall impose a $100.00 fine per week for each full week the records are not provided, up to a maximum of $500.00;

(h) Overcharging a patient or patient’s legal representative for medical records, for which the Board shall impose a $100.00 fine;

(i) Failure to timely pay fines and costs, for which the Board shall impose a $100.00 fine per month for each full and partial month the fine or costs over overdue; and

(j) Advertising violations, for which the Board shall impose a $100.00 fine per violation.

(5) through (6) No change.

Rulemaking Specific Authority 456.077, 468.204 FS. Law Implemented 456.072, 456.077 FS. History–New 1-1-92, Formerly 21M-15.005, 61F6-15.005, Amended 11-13-96, Formerly 59R-63.005, Amended 2-20-02, 7-26-04, 8-2-05, 5-29-06, 4-10-08, 1-12-09, ___________.

 

64B11-4.006 Mediation.

For purposes of Section 456.078, F.S., the Board finds the following first time offenses, where harm caused by the licensee is unintentional and economic in nature, can be remedied by the licensee, or is not a standard of care violation involving any type of injury to a patient, are appropriate for mediation: For purposes of Section 456.078, F.S., the Board finds the following offenses appropriate for mediation:

(1) Failure to timely provide records to a patient or patient’s legal representative upon request as required by subsection 456.057(6), F.S. Failure to timely respond to a continuing education audit as required by Rule 64B11-5.001, F.A.C.;

(2)  No change.

(3) Unintentional violation of paragraph Section 456.072(1)(h), F.S., by submitting a worthless check or electronic payment to the Department or Board;.

(4) through (6) No change.

Rulemaking Specific Authority 456.078, 468.204 FS. Law Implemented 456.078 FS. History–New 12-20-98, Amended 6-11-02, 5-10-05, ____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Occupational Therapy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 24, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 25, 2014