The Board proposes the rule amendment to address changes and additions to the disciplinary guidelines.

DEPARTMENT OF HEALTH
Board of Athletic Training

RULE NO: RULE TITLE
64B33-5.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to address changes and additions to the disciplinary guidelines.
SUMMARY: The rule amendment will address changes and additions to the disciplinary guidelines.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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: 456.072, 468.705, 468.719 FS.
LAW IMPLEMENTED: 456.072, 456.079, 468.719 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: Susan Foster, Executive Director, Board of Athletic Trainers/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B33-5.001 Disciplinary Guidelines.

(1) through (4) No change.

(5) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has violated Section 456.072, F.S., by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

(a) through (k) No change.

 

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(l) Being convicted of,or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371,s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (456.072(1)(ii), F.S.)	Revocation or denial of application for licensure unless the completion of the sentence and any probation ended more than 15 years prior to the date of the application.
(m) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (456.072(1)(jj), F.S.)
(n) Being terminated for cause from the State Medicaid program or any other state Medicaid program, or the federal Medicare program. (456.072(1)(kk), F.S.)	Revocation unless the applicant or licensee has been in good standing for the most recent five years and if the action was taken by another state of the federal program, the termination occurred at least 20 years prior to the date of the application.
(o) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (456.072(1)(ll), F.S.)

Rulemaking Specific Authority 456.079, 468.705, 468.719 FS. Law Implemented 456.072, 456.717, 456.079, 468.719 FS. History–New 10-22-02, Amended 1-16-07,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Athletic Training
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Athletic Training
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 16, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 11, 2009