The Board proposes the development of a rule amendment to update 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 development of a rule amendment to update disciplinary guidelines.

SUMMARY: To update 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: 456.079, 468.705, 468.719 FS

LAW IMPLEMENTED: 456.072, 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 FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, Executive Director, Board of Athletic Trainers, 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 (3) No change.

(4) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has violated Section 468.719(1)(f), F.S., by violating any of the following Board rules, 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) Failure to comply with subsection 64B33-2.003(6), F.A.C., which requires the licensee to comply with the Department’s random audit of the licensee’s continuing education records.		From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	From reprimand to probation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.		From probation to revocation of license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.
(b) Failure to practice under a written protocol as required by subsection subsection 64B33-4.001(1), F.A.C.		From a letter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to 2,500.00, or refusal to certify an application for licensure.		From probation to revocation of license, and an admin istrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(c) Failure to develop a protocol, review the protocol prior to licensure renewal date, or failure to make protocol available upon request as required by subsection subsection 64B33-4.001(2), F.A.C.		From a letter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.		From probation to revocation of license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an applica tion for licensure.

(4)(5) No change.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Athletic Trainers

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2016