The Board proposes the rule amendment to add new language to update penalties in 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 add new language to update penalties in the disciplinary guidelines.
SUMMARY: The rule amendment will add new language to update penalties in the 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, based upon the expertise and experience of its members, 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, 468.705, 468.719 FS.
LAW IMPLEMENTED: 456.072, 456.717, 456.079, 468.719 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Athletic Training/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:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) No change
(b) No change
(c) No change
(d) No change
(e) No change
(f) No change
(g) No change
(h) No change
(i) No change
(j) No change
(k) No change
(l) No change
(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.)	From reprimand to suspension of license up to five years and an administrative fine of $1,000 to $25,000, or refusal to certify an application for licensure
(n) No change
(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.)	From reprimand to suspension of license up to five years and an administrative fine of $1,000 to $25,000, or refusal to certify an application for licensure

Rulemaking 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, 6-30-10,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Athletic Training
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Department of Health
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 22, 2012