The purpose of this rule amendment is to bring the rule into compliance with new requirements of Florida law.

DEPARTMENT OF HEALTH
Board of Occupational Therapy

RULE NO: RULE TITLE
64B11-4.003: Standards of Practice; Discipline
PURPOSE AND EFFECT: The purpose of this rule amendment is to bring the rule into compliance with new requirements of Florida law.
SUMMARY: The rule amendments will update the disciplinary guidelines pursuant to new statutory language in Section 456.072, Florida Statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost was prepared. Licensees found to have violated any of the new sections will experience the cost of associated penalties. Any occupational therapists in private practice (many of which are small businesses) will be unable to continue practicing if they violate certain sections. Similarly, some applicants will be denied licensure and thereby lose the opportunity to acquire any income.
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: 456.079, 468.204 FS.
LAW IMPLEMENTED: 456.072, 456.079, 468.217 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: Allen Hall, Executive Director, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B11-4.003 Standards of Practice; Discipline.

(1) through (3) No change.

(4) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (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. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure.

In addition to the penalty imposed, the Board shall recover the costs of investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.

 

VIOLATION	PENALTY RANGE
	MINIMUM	MAXIMUM
(a) through (z) No change.
(aa) through (ii) No change.
(jj) 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-7b, relating to the Medicaid program. 456.072(1)(ii), F.S.
First Offense	Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(kk) Failing to remit the sum owed to the State for an overpayment from the Medicaid Program pursuant to a final order, judgment, or Stipulation or settlement. 456.072(1)(jj), F.S.
First Offense	Letter of concern and a fine of $500	Probation and a fine of $2,500
Second Offense	Reprimand and a fine of $2,500	Reprimand, probation and a fine of $5,000
Third Offense	Suspension and a fine of $5,000	Revocation and a fine of $5,000
(ll) Being terminated from the state Medicaid Program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. 456.072(1)(kk), F.S.
First Offense	Letter of concern and a fine of $1,000	Probation and a fine of $1,000
Second Offense	Probation and a fine of $1,000	Suspension and a fine of $5,000
Third Offense	Suspension and a fine of $5,000	Revocation and a fine of $10,000
(mm) 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 related to health care fraud. 456.072(1)(ll), F.S.
First Offense	Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

 

(5) through (7) No change.

Rulemaking Specific Authority 456.079, 468.204 FS. Law Implemented 456.072, 456.079, 468.217 FS. History–New 9-12-88, Amended 11-9-92, Formerly 21M-15.002, 61F6-15.002, 59R-63.002, Amended 1-27-00, 12-27-01, 12-27-05, 4-10-08,_________.

 

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: November 2, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009