The Board proposes the rule amendment to update and revise the Boards’ disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-55.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to update and revise the Boards’ disciplinary guidelines.

SUMMARY: Substantial rewrite of disciplinary guidelines.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. 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: 456.072, 456.079, 478.52(4) FS.

LAW IMPLEMENTED: 456.072, 456.073, 456.079, 478.52(4) 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 Medicine Electrolysis Council, 4052 Bald Cypress Way, Bin # A04, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

Substantial rewording of Rule 64B8-55.001 follows. See Florida Administrative Code for present text.

64B8-55.001 Disciplinary Guidelines.

(1) Purpose. Pursuant to Section 478.52(1), F.S., the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 478, F.S., or a telehealth provider registered under section 456.47(4), F.S. The purpose of this rule is to notify applicants, licensees, and telehealth registrants of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. Each range includes the lowest and highest penalty and all penalties falling between. The range, in ascending order of severity is letter of concern, reprimand, suspension, then revocation. The purposes of the imposition of discipline are to punish the applicants, licensees, or telehealth registrants for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, licensees, or telehealth registrants from violations.

(2) Sexual misconduct in the delivery of electrolysis services is sexual behavior or involvement as defined in Section 456.063(1), F.S.

(3) Violations and Range of Penalties. In imposing discipline upon applicants, licensees, and telehealth registrants in proceedings pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as provided in Section 456.072(2), F.S., within the range corresponding to the violations set forth below. The identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(a) Attempting to obtain a license by bribery, fraud, misrepresentation, or through error of the department or the council.  (Sections 478.52(1)(a), 456.072(1)(h), F.S.)

1.  Obtaining an initial licensure or registration by bribery or fraud.

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Revocation and a $10,000 fine.	Revocation and a $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Revocation.

2.    Attempting to renew a license or registration by bribery or fraud.

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Revocation and a $10,000 fine.	Revocation and a $10,000 fine.
SECOND OFFENSE:	Revocation and a $10,000 fine.	Revocation and a $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Revocation.

3.    Obtaining or renewing a license by fraud.

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Revocation and a $10,000 fine.
SECOND OFFENSE:	Revocation and a $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Revocation.

4. Obtaining or renewing a license through error of the department or council.

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Reprimand and a $1,000 fine	Revocation and a $5,000 fine
SECOND AND SUBSEQUENT OFFENSES	Reprimand and a $5,000 fine	Revocation and a $10,000 fine
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES:	Reprimand	Revocation

5. Obtaining or renewing a license through negligent misrepresentation

FIRST  AND SUBSEQUENT OFFENSES:

$250 fine and three (3) hours continuing education on ethics.

Reprimand to Suspension and up to a $1,000 fine.

(b) Action taken against license by another jurisdiction (Sections 456.072(1)(f) and 478.52(1)(b), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Discipline comparable to the minimum first offense which would be imposed if the substantive violation occurred in Florida.	Discipline comparable to the maximum first offense which be imposed if the substantive violation occurred in Florida.
SECOND AND SUBSEQUENT OFFENSES:	Discipline comparable to the minimum second or subsequent offense which would be imposed if a second or higher substantive violation had occurred in Florida.	Discipline comparable to the maximum second or subsequent offense which would be imposed if a second or higher substantive violation had occurred in Florida.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Letter of concern to revocation as closely as possible to same penalty which would have been imposed if the substantive violation had occurred in Florida.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	Letter of concern to revocation as closely as possible to same penalty which would have been imposed if a second or higher substantive violation had occurred in Florida.	Revocation.

 

(c) Guilt of a Crime directly relating to practice. (Sections 456.072(1)(c) and 478.52(1)(c), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Probation and $250 fine.	Revocation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	Three (3) years probation with conditions and $350 fine.	Revocation or denial and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	Three (3) years suspension and a corrective action plan.	Revocation.

(d) Filing a false report or failing to file a report as required (Section 456.072(1)(l) and 478.52(1)(d), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
NEGLIGENCE: FIRST OFFENSE:	Reprimand and $500 fine	One (1) year probation and $5,000 fine
NEGLIGENCE: SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,000 fine.	Revocation and $5,000 fine.
FRAUD: FIRST OFFENSE:	One (1) year probation and $10,000 fine	Revocation and $10,000 fine
FRAUD: SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and $10,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Letter of concern.	One (1) year suspension and a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(e)False, deceptive or misleading advertising. (Section 456.072(1)(m) and 478.52(1)(e), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
NEGLIGENCE: FIRST AND SUBSEQUENT OFFENSES:	Letter of concern and $500 fine.	One (1) year suspension or denial and $2,500 fine.
FRAUD: FIRST OFFENSE:	Reprimand and $10,000 fine	One (1) year suspension or denial and $10,000 fine
FRAUD: SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and $10,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Letter of concern.	One (1) year suspension and a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(f) Unprofessional conduct, failure to conform to acceptable standards. (Sections 478.52(1)(f), F.S., 456.072(3)(b), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	No actual patient harm: Reprimand and $250 fine.	No actual patient harm: Reprimand and $250 fine.
	Actual patient harm: Six (6) months probation and $1,000 fine.	Actual patient harm: Revocation and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,000 fine.	Revocation or denial and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Letter of concern.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(g) Possession, Sale or distribution of illegal or controlled substance. (Section 478.52(1)(g), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Six (6) months suspension and $1,000 fine.	Revocation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and $1,500 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Six (6) months suspension.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension.	Revocation.

(h) Willful failure to report any known violation of Chapter 456 or 478, F.S. (Section 456.072(1)(i) and 478.52(1)(h), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Reprimand and $250 fine.	Probation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $350 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Reprimand.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(i) Repeated or willful violation of rule or disciplinary order. (Section 478.52(1)(i), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Six (6) months suspension and $1,000 fine.	Revocation and $2,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,500 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Six (6) months suspension.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(j) Delivery of electrolysis services without an active license. (Section 478.52(1)(j), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Probation and $250 fine.	Revocation and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $350 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(k) Employing unlicensed person to practice electrology. (Section 478.52(1)(k), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	One (1) year probation and $250 fine.	Five (5) years suspension and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and $1,000 fine.	Five (5) years suspension followed by probation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	One (1) year suspension and a corrective action plan.	Five (5) years suspension.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension.	Five (5) years suspension.

(l) Failure to perform/comply with legal obligation. (Sections 456.072(1)(k) and 478.52(1)(l), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Reprimand and $250 fine.	Up to one (1) year probation or denial and $1,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	Probation and $1,000 fine.	Suspension and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Reprimand.	Suspension and a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES:	Suspension and a corrective action plan.	Suspension.

(m) Accepting and performing responsibilities for which licensee knows, or has reason to know, he or she is not competent to perform. (Sections 457.072(1)(o) and 478.52(1)(m), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Six (6) months probation and $500 fine.	Revocation or denial and $2,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Six (6) months suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	Revocation.

(n) Delegating professional responsibilities to unqualified person. (Sections 456.072(1)(p) and 478.52(1)(n), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Probation and $250 fine.	Two (2) years suspension or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	Six (6) months suspension followed by probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Suspension and a corrective action plan.	Two (2) years suspension.
SECOND AND SUBSEQUENT OFFENSES:	Six (6) months suspension followed by a corrective action plan.	Revocation.

(o) Malpractice. (Section 478.52(1)(o), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Two (2) years probation and $250 fine.	Revocation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Two (2) years suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by a corrective action plan.	Revocation.

(p) Judicially determined mental incompetency. (Section 478.52(1)(p), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SUBSEQUENT OFFENSES:	Probation.	Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES:	Suspension and a corrective action plan requiring at a minimum that licensee demonstrate ability to practice with reasonable skill and safety.	Revocation.

(q) Practicing under a name other than that of licensee. (Section 478.52(1)(q), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
NEGLIGENCE: FIRST OFFENSE:	One (1) year suspension and $250 fine.	Revocation or denial and $5,000 fine.
NEGLIGENCE: SECOND AND SUBSEQUENT OFFENSES:	Revocation and $1,000 fine.	Revocation and $5,000 fine.
FRAUD: FIRST OFFENSE:	Revocation and $10,000 fine
FIRST OFFENSE:	One (1) year suspension.	Revocation.
SECOND OFFENSE:	Revocation.

(r) Inability to practice with reasonable skill and safety because of mental or physical condition or illness or use of alcohol or controlled substances or any other substance which impairs ones ability to practice. (Sections 478.52(1)(r) and 456.072(1)(v), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Probation and $1,000 fine.	Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	Indefinite suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES:	Suspension and a corrective action plan requiring at a minimum that licensee demonstrate ability to practice with reasonable skill and safety.	Revocation.

(s) Disclosing identity of or information about a patient. (Section 478.52(1)(s), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	One (1) year suspension and $250 fine.	Revocation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	Revocation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	One (1) year suspension.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	Revocation.

(t) Practicing permanent hair removal except as described in Section 478.42(5), F.S. (Section 478.52(1)(t), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Two (2) years probation and $250 fine.	Revocation or denial and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Two (2) years suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by a corrective action plan.	Revocation.

(u) Operating an unlicensed facility. (Section 478.52(1)(u), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST SUBSEQUENT OFFENSES:	Denial or suspension until compliance and $250 fine.	Revocation and $2,500 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Revocation

(v) Providing electrolysis or allowing electrolysis to be performed in an unlicensed facility. (Section 478.51(1), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Reprimand and $250 fine.	Up to one (1) year probation or denial and $1,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	Two (2) years suspension followed by probation and $1,000 fine.	Revocation and a $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE	Two (2) years suspension and a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by a corrective action plan.	Revocation.

(w) Transferring an electrology facility license from the name of the original licensee to another without approval. (Section 478.51(10), F.S.)

FIRST OFFENSE:

Revocation of application as an electrologist and revocation of application for facility license.  Revocation of facility license to electrologist who accepts or transfers facility license.  Revocation of electrology license.

(x) Sexual Misconduct. (Section 456.063, F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SUBSEQUENT OFFENSES:	Denial or Six (6) months suspension and $500 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Six (6) months suspension.	Revocation.

(y) Failure to comply with continuing education requirements. (Sections 456.072(3)(a), 478.50(4), and 478.52(1)(f), F.S.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	See rule 64B8-55.002(4)(n), F.A.C.
SECOND AND SUBSEQUENT OFFENSES:	Up to one (1) year probation, $1,000 fine, and completion of all incomplete continuing education credits.	Up to one (1) year suspension, a $2,500 fine, and completion of all incomplete continuing education credits.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	One (1) year suspension and a corrective action plan which requires, at a minimum, completion of all incomplete continuing education credits.	Revocation.

(z) Failure to protect clients during treatment from public view. (Section 478.51(3), F.S. and Rule 64B8-51.006(3)(a)1., F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(d), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $500 fine.	Suspension until compliance and $500 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	Suspension and a corrective action plan which requires, at a minimum, compliance.

(aa) Failure to have a sink with hot and cold running water within or available to the electrology facility. (Rule 64B8-51.006(3)(a)2., F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(d), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $500 fine.	Suspension until compliance and $500 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	Suspension and a corrective action plan which requires, at a minimum, compliance.

(bb) Failure to provide within or available to the electrology facility, a separate room containing a toilet and sink with hot and cold running water. (Rule 64B8-51.006(3)(a)2., F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(e), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $500 fine.	Suspension until compliance and $500 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	Suspension and a corrective action plan which requires, at a minimum, compliance.

(cc) Failure to conduct electrolysis on a treatment table or treatment chair with a non-porous surface capable of being disinfected. (Rule 64B8-51.006(3)(a)3., F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(f), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $500 fine.	Minimum of one (1) month suspension until compliance and $500 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	One (1) month suspension and a corrective action plan which requires, at a minimum, compliance.

 

(dd) For all electrology facilities, failure to have any one of the following items/equipment in the facility (the failure to have any one of the items/equipment shall constitute a separate offense):

1.       Disposable paper drapes or cleaned cloth drapes stored in a closed container or compartment, and used cloths stored in a separate closed container;

2.       Sanitary waste receptacles for the disposal of used gloves, paper supplies, cotton balls, and other noninfectious items;

3.       Single use disposable towels;

4.       A treatment lamp, magnifier lamp, or magnifying device capable of being cleaned with disinfectant;

5.       A magnifying device which shall be a magnifier lamp, optical loupe or microscope capable of being cleaned and disinfected;

6.       Tuberculocidal hospital grade disinfectant detergent registered by the Environmental Protection Agency, household bleach or wiping cloths pre-saturated with disinfectant for wiping nonporous surfaces;

7.       Betadine, 3% U.S. pharmaceutical grade hydrogen peroxide or 70% isopropyl alcohol or single use wipes saturated with 70% isopropyl alcohol;

8.       Clean, non-sterile materials such as cotton balls, cotton strips, cotton swabs, gauze pads, and gauze strips; 

9.       If cloth towels are used:

a.        Clean cloth towels prior to use on each client;

b.       Clean towels stored in a closed container or compartment, or

c.        Used towels stored in a separate closed container;

10.    A holding container for soaking and cleaning contaminated instruments; and

11.    Non-sterile disposable examination gloves. (Rule 64B8-51.006(3)(a)4., F.A.C.)

 

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(g), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $350 fine.	Suspension until compliance and $350 fine.
TELEHEALTH REGISTRANTS:		Minimum of one (1) month suspension until compliance and $350 fine
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	Suspension and a corrective action plan which requires, at a minimum, compliance.

 

(ee) For facilities with epilator equipment, failure to have any one of the following items/equipment in the facility (the failure to have any one of the items/equipment shall constitute a separate offense):

1.       An FDA registered needle type epilation device in working order;

2.       Clean and sterile needles (e.g., probes) and forceps (e.g., tweezers);

3.       Needle holder tips;

4.       A sharps container for disposal of used needles;

5.       A sterilizer which shall be either an autoclave or a dry heat sterilizer and color change indicators for use with either sterilizer;

6.       Quarterly records of sterilizer biological test monitoring which shall be made available to the Department upon request; and

7.       Covered containers for needles and forceps which containers are capable of being cleaned and sterilized. ( Rule 64B8-51.006(3)(b), F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(h), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand.	Minimum of one (1) month suspension until compliance and $350 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	One (1) month suspension and a corrective action plan which requires, at a minimum, compliance.

(ff) For facilities with laser or light-based equipment, failure to have any one of the following items/equipment in the facility (the failure to have any one of the items/equipment shall constitute a separate offense):

1. For electrologists who have completed a Council-approved needle-type epilation training program:

a. Proof of certification of 30 hours of continuing education in laser hair removal from a provider approved pursuant to Rule 64B8-52.004, F.A.C.; and

b. Proof of having passed the Society for Clinical and Medical Hair Removal test for certification as a Certified Medical Electrologist and completed training pursuant to 64B8-56.002(2)(a)1., F.A.C.

2. For electrologists who have completed a Council-approved combined needle-type epilation, laser and light-based hair removal training program:

a. Proof of completion from a combined training program; and

b. Proof of having passed the epilator and laser and light-based combined exam.

3. For devices required to be registered, proof of registration for each laser or light-based device in use at the facility as required by Section 501.122, F.S.

4. Written designation of laser safety officer.

5. A room or rooms specifically designated for use of the laser or light-based equipment which is where all use of such equipment shall take place.

6. Sign on door of laser room identifying when laser or light-based equipment is in use.

7. Lock on door of laser room.

8. Protective eyewear capable of being cleaned and disinfected shall be used by all persons in laser room during operation of laser or light-based equipment.

9. Fire extinguisher in vicinity of laser room.

10. Cold water and ice.

11. The written protocols required by paragraph 64B8-56.002(4)(a), F.A.C. (Section 478.51(3) Rule 64B8-51.006(3)(c), F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SECOND OFFENSES:	See rule 64B8-55.002(4)(i), F.A.C.
THIRD AND SUBSEQUENT OFFENSES:	Reprimand and $350 fine.	Minimum of one (1) month suspension until compliance and $350 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	One (1) month suspension and a corrective action plan which requires, at a minimum, compliance.

 

(gg) Failure to display any one of the following documents in an area that is visible to the general public entering the facility (the failure to have any one of the items/equipment shall constitute a separate offense):

1.       The electrology facility license;

2.       The current license of the electrologist;

3.       The most recent inspection sheet from the Department of Health;

4.       A current copy of Rule 64B8-51.006, F.A.C.;

5.       Appointment book  pursuant to 51.006(4)(e), F.A.C. (Section 478.51(3); Rule 64B8-51.006(4), F.A.C.)

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST,  SECOND, AND THIRD OFFENSES:	See rule 64B8-55.002(4)(j), F.A.C.
FORTH AND SUBSEQUENT OFFENSES:	Reprimand and $350 fine.	Suspension until compliance and $350 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES	Reprimand.	Suspension and a corrective action plan which requires, at a minimum, compliance.

(hh) Using information from accident reports, or from news sources that use such information for the solicitation of people involved in such accidents. (Section 456.072(1)(y))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Reprimand.	Six (6) months probation and/or a fine of up to $500.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,000 fine.	One (1) year suspension and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Reprimand.	Six (6) months suspension and a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension and a corrective action plan.	One (1) year suspension.

(ii) Testing positive for a drug on employment drug screening. (Section 456.072(1)(aa))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Probation and $250 fine.	Revocation or denial and $2,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	Probation and $2,500 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES:	Reprimand.	Revocation.

(jj) Failure to report, within 30 days a conviction, finding of guilt, or plea of nolo contendere, regardless of adjudication, to a crime, to the board. (Section 456.072(1)(w))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Three (3) months probation and $500 fine.	Two (2) years suspension and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year probation and $1,000 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Three (3) months suspension and a corrective action plan.	Two (2) years suspension.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by a corrective action plan.	Revocation.

 

(kk) Violating any provision of Chapter 478 or 456, F.S., or any rule of the Board or Department. (Section 456.072(1)(v))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST AND SUBSEQUENT OFFENSES:	Reprimand and $250 fine.	Revocation and $1,000 fine.
TELEHEALTH REGISTRANTS:
FIRST AND SUBSEQUENT OFFENSES:	Reprimand.	Revocation.

(ll) Performing or attempting to perform electrolysis on the wrong patient, a wrong-site procedure, a wrong procedure, an unauthorized procedure, or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition. (Section 456.072(1)(bb))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	One (1) year probation and $1,000 fine.	One (1) year suspension, two (2) years probation and $5,000 fine.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension, two (2) years probation, and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	One (1) year suspension and a corrective action plan.	One (1) year suspension followed by a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES:	One (1) year suspension followed by a corrective action plan.	Revocation.

(mm) Willfully failing to comply with Section 627.64194 or 641.513, F.S. with such frequency as to indicate a general business practice. (Section 456.072(1)(oo))

	MINIMUM	MAXIMUM
APPLICANTS AND LICENSEES:
FIRST OFFENSE:	Letter of concern and $500 fine.	Reprimand and $2,500 fine.
SECOND AND SUBSEQUENT OFFENSES:	Reprimand and $2,500 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS:
FIRST OFFENSE:	Letter of concern.	Reprimand.
SECOND AND SUBSEQUENT OFFENSES:	Reprimand.	Revocation.

(4) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Council may deviate from the penalties recommended above. The Council shall consider as aggravating or mitigating factors the following:

(a) Exposure of patient or public to injury or potential injury, physical or otherwise: none, slight, severe, or death;

(b) Legal status of license at the time of the offense;

(c) The number of counts or separate offenses established;

(d) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;

(e) Pecuniary benefit or self-gain inuring to the licensee;

(5) Stipulations or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(6) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Council to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate.

Rulemaking Authority 456.072, 456.079, 456.47(7), 478.52(4) FS. Law Implemented 456.072, 456.073, 456.079, 456.47(4), 478.52(4) FS. History–New 11-16-93, Formerly 61F6-80.001, Amended 1-2-95, Formerly 59R-55.001, Amended 2-9-98, 10-12-98, 3-1-00, 9-28-00, 5-30-01, 8-8-01, 10-8-02, 7-8-03, 7-18-06, 2-22-17,                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Medicine Electrolysis Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine Electrolysis Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 5, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 23, 2021