Updates to the disciplinary guidelines are being made to include telehealth registrants, in accordance with s. 456.47, F.S.

Board of Speech-Language Pathology and Audiology

RULE NO.:RULE TITLE:

64B20-7.001Disciplinary Guidelines

PURPOSE AND EFFECT: Updates to the disciplinary guidelines are being made to include telehealth registrants, in accordance with s. 456.47, F.S.

SUMMARY: Updates to the disciplinary guidelines are being made to include telehealth registrants, in accordance with s. 456.47, F.S.

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: 456.079, 468.1135(4) FS.

LAW IMPLEMENTED: 456.063, 456.072, 456.076, 456.079, 456.47, 468.1295, 468.1296 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: Stephanie Webster, Executive Director, Board of Speech-Language Pathology and Audiology, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B20-7.001 Disciplinary Guidelines.

(1) Purpose. Pursuant to Section 456.079, F.S., the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants, or licensees whom it regulates under Chapter 468, Part I, F.S., or a telehealth provider registered under section 456.47(4), F.S. The purpose of this rule is to notify applicants, registrants, and licensees 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. The ranges of penalties provided below are based upon a single count violation of each provision listed; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants, registrants, or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, registrants, or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon applicants, registrants, 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 is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

VIOLATIONS

RECOMMENDED PENALTIES

First Offense

Second Offense

Third or Subsequent Offenses

(a) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(b) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(d) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(e) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(f) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(g)No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

2. No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(h) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(i) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(j) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(k) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(l) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(m) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(n) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(o) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(p) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(q) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(r) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(s) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(t) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(u) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(v) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(w) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(x) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(y) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(z) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(aa) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern or Reprimand, to Referral to PRN to Suspension and a corrective action plan to Revocation.

(bb) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern or Reprimand, to Referral to PRN to Suspension and a corrective action plan to Revocation.

(cc) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(dd) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(ee) No Change.

TELEHEALTH REGISTRANTS:

Revocation.

(ff) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(gg) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(hh) No Change.

TELEHEALTH REGISTRANTS:

Revocation.

(ii) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(jj) No Change.

TELEHEALTH REGISTRANTS:

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(kk) No Change.

TELEHEALTH REGISTRANTS:

Revocation.

(ll) Testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.

(Section 456.072(1)(aa), F.S.)

(aa) Referral to Physicians Recovery Network (PRN) up to suspension until the licensee can demonstrate the ability to practice with reasonable skill and safety or refusal to certify an application for licensure.

(aa) Referral to PRN up to suspension until the licensee can demonstrate the ability to practice with reasonable skill and safety or refusal to certify an application for licensure.

TELEHEALTH REGISTRANTS:

Letter of concern or Reprimand, to Referral to PRN to Suspension and a corrective action plan to Revocation.

(mm) Failure of an out-of-state telehealth registrant to notify the Board of any adverse actions taken against his or her license.

(Section 456.47(4)(i)1., F.S.)

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(nn) An out-of-state telehealth registrant having restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.

(Section 456.74(4)(i)2., F.S.)

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

(oo) A violation of any of the requirements in s. 456.47, F.S., by an out-of-state telehealth registrant.

Letter of concern to Reprimand, to Suspension and a corrective action plan to Revocation.

Rulemaking Authority 456.079, 468.1135(4) FS. Law Implemented 456.063, 456.072, 456.076, 456.079, 456.47, 468.1295, 468.1296 FS. History–New 2-7-91, Amended 11-9-92, Formerly 21LL-7.001, 61F14-7.001, 59BB-7.001, Amended 10-25-00, 4-14-02, 8-22-05, 12-28-05, 8-28-07, 8-28-12, 12-2-13, 3-15-21, 10-19-21, 10-18-23, _____________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Speech-Language Pathology and Audiology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Speech-Language Pathology and Audiology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 12, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 26, 2024

Document Information

Comments Open:: 5/14/2024
Summary:: Updates to the disciplinary guidelines are being made to include telehealth registrants, in accordance with s. 456.47, F.S.
Purpose:: Updates to the disciplinary guidelines are being made to include telehealth registrants, in accordance with s. 456.47, F.S.
Rulemaking Authority:: 456.079, 468.1135(4) FS.
Law:: 456.063, 456.072, 456.076, 456.079, 456.47, 468.1295, 468.1296 FS.
Related Rules: (1): 64B20-7.001. Disciplinary Guidelines