To update penalty guidelines for medical physicists.

 

DEPARTMENT OF HEALTH

Council of Medical Physicists

RULE NO.:RULE TITLE:

64B23-6.001Penalty-Guidelines

PURPOSE AND EFFECT: To update penalty guidelines for medical physicists.

SUMMARY: This rulemaking updates disciplinary guidelines and penalties for medical physicists.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 456.079(1), F.S.

LAW IMPLEMENTED: 456.072, 456.079, 483.901(4)(g), F.S.

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: Dayle Mooney, 4042 Bald Cypress Way, Bin C-07, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B23-6.001 Penalty- Guidelines.

(1) Unless mitigating or aggravating factors are present, when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the violation within the ranges recommended in the following disciplinary guidelines. The identification of violations is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. Any of the listed violations provide sufficient grounds for denying a licensure application. A finding of financial benefit or self-gain related to the violation is grounds for requiring the person charged with a violation to refund fees billed and collected from a patient or third party in addition to any other appropriate penalties imposed by this rule. In addition to any other discipline imposed, the Department shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of the penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Department shall impose a fine of $10,000.00 per count or offense.

(a) through (dd) No change.

(ee) Section 456.072(1)(nn), F.S.: Violating any provision of s. 790.338, F.S., relating to medical privacy concerning firearms – from a minimum fine of $1,000.00 and letter of concern to a maximum fine of $3,000.00 and six (6) month suspension followed by one (1) year probation.  For a second or subsequent violation, from a minimum fine of $5,000.00 and/or six (6) month suspension followed by two (2) years of probation to a maximum fine of $10,000.00 and/or permanent revocation.

(ff) Section 456.072(1)(oo), F.S.: Willfully failing to comply with s. 627.64194 or 641.513, F.S., as to indicate a business practice regarding provision of emergency services and insurance billing – from a minimum fine of $1,000.00 and letter of concern to a maximum fine of $3,000.00 and six (6) month suspension followed by one (1) year probation.  For a second or subsequent violation, from a minimum fine of $5,000.00 and/or six (6) month suspension followed by two (2) years of probation to a maximum fine of $10,000.00 and/or permanent revocation.

(gg) Section 456.072(1)(pp), F.S.: Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal under s. 760.27, F.S., without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal – from a minimum six months of probation to a maximum suspension of license for one year followed by two years of probation and a $10,000.00 fine per count or violation. For a second or subsequent violation, from a minimum of two years of probation to revocation and a fine of $10,000.00 per count or violation.

(hh) Section 456.072(1)(rr), F.S.: Failure to comply with the parental consent requirements of s. 1014.06, F.S., – from a minimum fine of $1,000.00 up to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent violation, from a minimum fine of $5,000.00 up to a maximum fine of $10,000.00 and/or revocation.

(ii) Section 456.072(1)(ss), F.S.: Being convicted or found guilty of; entering a plea of guilty or nolo contendere to, regardless of adjudication; or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) , F.S., or a similar offense in another jurisdiction – from a minimum fine of $1,500.00 and six months of probation to a maximum fine of $5,000.00 and/or revocation. For a second or subsequent violation, from a minimum of one year of probation up to a maximum fine of $10,000.00 and/or revocation of license.

(2) No change. 

Rulemaking Authority 456.079(1) FS. Law Implemented 456.072, 456.079, 483.901(4)(g) 483.901(6)(g) FS. History–New 7-15-99, Amended 8-5-07, 7-20-10, 5-24-15,               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dayle Mooney

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Joseph A. Ladapo, MD, PhD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 9, 2022