The Board proposes to include new statutory violations.

 

DEPARTMENT OF HEALTH

Board of Acupuncture

RULE NO.:RULE TITLE:

64B1-9.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes to include new statutory violations.

SUMMARY: The proposed rule to include new statutory violations.

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.

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(1), 456.47(7), 457.104 FS.

LAW IMPLEMENTED: 456.072, 456.079, 456.47(1)(e), 457.109 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: Kama Monroe, Executive Director, Board of Acupuncture, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B1-9.001 Disciplinary Guidelines.

(1) When the Board finds any person has committed any of the acts set forth in Section 456.072(1) or 457.109(1), F.S., or a telehealth provider registered under Section 456.47(4), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines. The language identifying offenses below is descriptive only. The full language of each statutory provision cited must be consulted to determine the conduct included.

(a) through (ii) No Change.

(jj) Except as otherwise provided by law, failure to comply with the parental consent requirements of section 1014.06. (Section 456.072(1)(rr), F.S.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine.	Reprimand and $2,000 fne.
SUBSEQUENT OFFENSES	Suspension and $2,500 fine.	Revocation
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan
ADDITIONAL OFFENSES	Suspension and corrective action plan	Revocation

 

(kk)  Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or similar offense in another jurisdiction.  (Section 456.072(1)(ss), F.S.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	NA
SUBSEQUENT OFFENSES	NA	NA
Telehealth Registrants
FIRST OFFENSE	Revocation	NA
ADDITIONAL OFFENSES	NA	NA

 

(2) through (5) No Change.

Rulemaking Authority 456.079(1), 456.47(7), 457.104 FS. Law Implemented 456.072, 456.079, 456.47(1)(e), 457.109 FS. History–New 12-8-86, Amended 8-6-89, Formerly 21AA-9.001, 61F1-9.001, Amended 11-21-95, Formerly 59M-9.001, Amended 8-3-00, 5-20-02, 5-24-04, 1-26-06, 5-2-12, 3-1-17, 2-27-18, 2-9-21____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Acupuncture

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Acupuncture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2021