Violations 64B20-7.001(2)(m-q) and (s) are modified to reflect new statutory distinction between over-the-counter and prescription hearing aids.

 

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE NO.:RULE TITLE:

64B20-7.001Disciplinary Guidelines

PURPOSE AND EFFECT: Violations 64B20-7.001(2)(m-q) and (s) are modified to reflect new statutory distinction between over-the-counter and prescription hearing aids.

SUMMARY: Violations 64B20-7.001(2)(m-q) and (s) are modified to reflect new statutory distinction between over-the-counter and prescription hearing aids.

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, 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: Danielle Terrell, 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) No Change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants 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 Offense
(a) through (l) No Change.
(m) Misrepresentation of professional services available in the fitting, sale, adjustment, service or repair of a prescription hearing aid, or use of any other term or title connoting availability of professional services when such use is not accurate. (Section 468.1295(1)(m), F.S.)	(m) From a letter of concern to probation of the license, and an administrative fine of $10,000.00.   If misrepresentation or use of term is negligent or inadvertent then any of the above and an administrative fine of up to $10,000.00.	(m) From probation to suspension of the license, and an administrative fine of $10,000.00.   If misrepresentation or use of term is negligent or inadvertent then any of the above and an administrative fine of up to $10,000.00.		(m) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(n) Representation, advertisement, or implication that a prescription hearing aid or its repair is guaranteed without full disclosure of the identity of the guarantor; the nature, extent, and duration of the guarantee; and the existence of the conditions or limitations imposed upon the guarantee. (Section 468.1295(1)(n), F.S.); (Section 456.072(1)(n), F.S.)	(n) From reprimand to probation of the license, and an administrative fine of $10,000.00. If omission of the full disclosure is unintentional, then reprimand to probation of the license, and an administrative fine of up to $10,000.00.	(n) From probation to revocation of the license, and an administrative fine of $10,000.00. If omission of the full disclosure is unintentional then probation to revocation of the license and an administrative fine of up to $10,000.00.		(n) From suspension to revocation, and an administrative fine of $10,000.00.
(o) Representing, directly or by implication, that a prescription hearing aid utilizing bone conduction has certain specified features, such as absence of anything in the ear or leading to the ear, or the like, without disclosing clearly or conspicuously that the instrument operates on the bone conduction principle and that in many cases of hearing loss this type of instrument may not be suitable. (Section 468.1295(1)(o), F.S.)	(o) From letter of concern to suspension of the license, and an administrative fine of $10,000.00. If the violation is unintentional then a letter of concern to suspension of the license and an administrative fine of up to $10, 000.00.	(o) From suspension to revocation of the license, and an administrative fine of $10,000.00. If the violation is unintentional then suspension to revocation of the license and an administrative fine of up to $10,000.00.		(o) From suspension to revocation of the license, without the ability to reapply, and an administrative fine of $10,000.00.
(p) Stating or implying that the use of any prescription hearing aid will improve or preserve hearing or prevent or retard the progression of a hearing impairment or that it will have any similar or opposite effect. (Section 468.1295(1)(p), F.S.)	(p) From reprimand to probation of the license, and an administrative fine of $10,000.00. If the violation is unintentional, then reprimand to probation of the license and an administrative fine of up to $10,000.00.	(p) From probation to suspension of the license, and an administrative fine of $10,000.00. If the violation is unintentional then probation to revocation of the license and an administrative fine of up to $10,000.00.		(p) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(q) Making any statement regarding the cure of the cause of a hearing impairment by the use of a prescription hearing aid. (Section 468.1295(1)(q), F.S.)	(q) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(q) From probation to revocation of the license, and an administrative fine ranging from $750.00 to $900.00, or refusal to certify an application for licensure.		(q) From suspension to revocation of the license, and an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify an application for licensure.
(r) No Change.
(s) Canvassing from house to house or by telephone either in person or by an agent for the purpose of selling a prescription hearing aid, except that contacting persons who have evidenced an interest in prescription hearing aids, or have been referred as in need of prescription hearing aids, shall not be considered canvassing. (Section 468.1295(1)(s), F.S.)	(s) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(s) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.		(s) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(t) through (kk) No Change.

 

Rulemaking Authority 456.079, 468.1135(4) FS. Law Implemented 456.063, 456.072, 456.076, 456.079, 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,                .

 

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: July 21, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 9, 2023