The proposed amendments will allow appropriately trained and supervised occupational therapists to use a neurofeedback device to treat patients. A “neurofeedback device” is a device that provides immediate feedback from a computer-based program ...

 

DEPARTMENT OF HEALTH

Board of Occupational Therapy

RULE NO.:RULE TITLE:

64B11-4.003Standards of Practice; Discipline

PURPOSE AND EFFECT: The proposed amendments will allow appropriately trained and supervised occupational therapists to use a neurofeedback device to treat patients. A “neurofeedback device” is a device that provides immediate feedback from a computer-based program that measures brainwave activity with the use of sound, visual and/or tactile input to cue the brain to reorganize and retrain itself.

SUMMARY: The proposed amendments pertain to use of a neurofeedback device by an Occupational Therapist or Occupational Therapy Assistant.

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, 468.204 FS.

LAW IMPLEMENTED: 456.072, 456.079, 468.217 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: Allen Hall, Executive Director, Board of Occupational Therapy/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B11-4.003 Standards of Practice; Discipline.

(1) Purpose. The legislature created the Board to assure protection of the public from persons who do not meet minimum requirements for safe practice or who pose a danger to the public. 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 Part III, Chapter 468, F.S. The purpose of this rule is to notify applicants 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. 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 or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Among the range of discipline punishments including any and all in Section 456.072(2), F.S., in increasing severity are:

(a) No change.

(b) Probation with conditions to include limitations on the type of practice or practice setting, requirements of supervision, employer and self reports, periodic appearances before the Board, counseling or participation in the Professionals Resource Network (PRN), payment of administrative fines, and such conditions to assure protection of the public. The licensee must may choose any supervisor licensed under Chapter 468, Part III, Florida Statutes who is in good standing and without restriction or limitation on his or her license health care professional to be a supervisor. The supervisor should ideally provide such services without compensation. However, the licensee may contract with a for-profit entity for a fee. It is the licensee’s full responsibility to pay for any supervision services. All potential supervisors must be approved by the Board before providing services. The Board Chair, or any other member designated by the Board, is delegated the authority to review all potential supervisors for adequacy. The Board may reject any proposed supervisor on the basis that he or she has previously been subject to disciplinary action against his or her license in this or any other jurisdiction, is currently under investigation, or is the subject of a pending disciplinary action.  The supervisor must be actively engaged in the same or similar specialty area unless otherwise provided by the Board and be practicing within a reasonable distance of Respondent’s practice, a distance of 50 miles unless otherwise specifically approved by the Board.  The Board may reject any proposed supervisor for good cause shown.

(c) through (f) No change.

(g) Evidence of fraud .Any other relevant mitigating or aggravating factors.

(4) 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 are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure.

In addition to the penalty imposed, the Board shall recover the costs of investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.

VIOLATION	PENALTY RANGE
	MINIMUM	MAXIMUM
(a) Attempting to obtain, obtaining, or renewing a license to practice a profession or certificate by bribery, fraudulent misrepresentation, or through an error of the Department or the Board. (Sections 468.217(1)(a), and 456.072(1)(h), F.S.)
First Offense	6 months probation with conditions or certify application with restrictions Revocation with ability to reapply and $1,000 fine.	Permanent rRevocation with ability to reapply and $3,000 fine.
Second and Subsequent Offenses	Restriction of practice or license or denial of licensureRevocation with ability to reapply and $53,000 fine.	Permanent rRevocation or denial of licensurewith ability to reapply and $106,000 fine.
Third Offense	Revocation with ability to reapply            and $6,000 fine.	Revocation with no ability to reapply and $10,000 fine.

However, if the violation is not through an error but is for making a false or fraudulent representation or bribery, the fine is increased to $10,000 per count or offense.

(b) Action taken against license by another jurisdiction. (Sections 468.217(1)(b), and 456.072(1)(f), F.S.)
First Offense	Letter of concern Imposition of discipline which would have been if the substantive violation occurred in Florida and $100 fine.	Permanent rRevocation
Second and Subsequent Offenses	1 year suspension Imposition of discipline which would have been if the substantive violation occurred in Florida and a $1,000 fine.	Permanent rRevocation and $10,000 fine.
Third Offense	Revocation and $10,000 fine.
(c) Guilt of a crime directly relating to practice or ability to practice. (Section 468.217(1)(c), F.S.)
First Offense	6 months probation with conditions and $1,000 fine.	Permanent rRevocation and $5,000 fine.
Second and Subsequent Offenses	1 year suspension and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(d) False, deceptive, or misleading advertising. (Section 468.217(1)(d), F.S.)
First Offense	Letter of concern and $100 fine Reprimand.	6 months probation with conditions suspension and $250 fine.
Second and Subsequent Offenses	6 months suspension and $500250 fine.	Restriction of practice or license9 months suspension and $5,000 fine.
Third Offense	9 months suspension and $500 fine.	1 year suspension and $5,000 fine.
(e) Advertising, practicing under a name other than one’s own name. (Section 468.217(1)(e), F.S.)
First Offense	Letter of concern and $100 fine Reprimand.	6 months probation with conditions suspension and $25100 fine.
Second and Subsequent Offenses	6 months suspension and $5100 fine.	Restriction of practice or license9 months suspension and $5,000 fine.
Third Offense	9 months suspension and $500 fine.	1 year suspension and $5,000 fine.
(f) Failure to report another licensee in violation. (Sections 468.217(1)(f), and 456.072(1)(i), F.S.)
First Offense	Letter of concern and $100 fine Reprimand.	6 months probation with conditions Reprimand and $500 fine.
Second and Subsequent Offenses	6 months probation with conditions Reprimand and $1,0500 fine.	1 year suspension 6 months probation with conditions and $51,000 fine.
Third Offense	6 months probation with conditions and $1,000 fine.	6 months probation with conditions and $5,000 fine.
(g) Aiding unlicensed practice. (Sections 468.217(1)(g), and 456.072(1)(j), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	6 months suspension, 1 year probation with conditions and $3,000 fine.
Second and Subsequent Offenses	1 year 6 months suspension, 1 year probation with conditions and $63,000 fine.	Permanent revocation1 year suspension, 2 years probation with conditions and $106,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $6,000 fine.	Revocation and $10,000 fine.
(h) Failure to perform legal obligation. (Sections 468.217(1)(h), and 456.072(1)(k), F.S.)
First Offense	Letter of Concern and $100 fine.	6 months probation with conditions and $5100 fine, unless otherwise provided by the law.
Second and Subsequent Offenses	6 months suspension probation with conditions and $1000 fine.	Restriction of practice or license6 months suspension, 1 year probation with conditions and $51,000 fine, unless otherwise provided by the law.
Third Offense	6 months suspension, 1 year probation with conditions and $500 fine.	Revocation and $5,000 fine.
(i) Failing to file a report as required. (Sections 468.217(1)(i), and 456.072(1)(l), F.S.)
First Offense	1 year probation with conditions and $100 fine.	6 months suspension, 1 year probation with conditions and $250 fine.
Second and Subsequent Offenses	6 months suspension, 1 year probation with conditions and $2500 fine.	1 year suspension, 2 years probation with conditions Revocation and $1,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $1,000 fine.	Revocation and $10,000 fine.

However, if the violation is for making a false or fraudulent representation, a fine of $10,000 per count or offense.

(j) Kickbacks or split fee arrangements. (Section 468.217(1)(j), F.S.)
First Offense	6 months suspension, 1 year probation with conditions and $500 fine.	1 year suspension, 2 years probation with conditions Revocation and $5,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 1 year suspension, 2 years probation with conditions and $21,5000 fine.	Permanent rRevocation and $108,000 fine.
Third Offense	2 years suspension, 3 years probation with conditions and $2,500 fine.	Revocation and $10,000 fine.
(k) Exercising influence to engage patient in sex. (Section 468.217(1)(k), F.S.)
First Offense	1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.	Permanent rRevocation and $7,500 fine.
Second and Subsequent Offenses	Restriction of practice or license Revocation and $7,500 fine.	Permanent rRevocation and $10,000 fine.
(l) Deceptive, untrue, or fraudulent representations in the practice. (Sections 468.217(1)(l), and 456.072(1)(a), F.S.)
First Offense	1 year probation with conditions and $10,000 fine.	1 year suspension, 1 year probation with conditions and $10,000 fine.
Second and Subsequent Offenses	21 years suspension, 1 year probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
Third Offense	2 years suspension, 2 years probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
(m) Improper solicitation of patients. (Section 468.217(1)(m), F.S.)
First Offense	1 year probation with conditions and $500 fine.	6 months suspension, 1 year probation with conditions and $2,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 1 year probation with conditions and $21,500 fine.	Permanent revocation 1 year suspension, 2 years probation with conditions and $5,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $3,000 fine.	Revocation and $10,000 fine.
(n) Failure to keep written medical records, justifying the course of treatment of the patient, including but not limited to patient history, examination results and test results. (Section 468.217(1)(n), F.S.)
First Offense	Letter of concern Reprimand and $300 fine.	6 months probation with conditions Reprimand and $1,000 fine.
Second and Subsequent Offenses	1 year probation Reprimand and $1,000 fine.	6 months suspension, 1 year probation with conditions and $5,000 fine.
Third Offense	6 months suspension, 1 year probation with conditions and $3,000 fine.	1 year suspension, 2 years probation with conditions and $10,000 fine.
(o) Exercising influence on patient for financial gain. (Sections 468.217(1)(o), and 456.072(1)(n), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $7,5000 fine.
Second and Subsequent Offenses	Restriction of practice or license Revocation and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(p) Performing professional services not authorized by patient. (Section 468.217(1)(p), F.S.)
First Offense	Letter of concern Reprimand and $500 fine.	6 months probation with conditions Reprimand and $1,000 fine.
Second and Subsequent Offenses	1 year probation with conditions Reprimand and $21,5000 fine.	Restriction of practice or license6 months probation with conditions and $105,000 fine.
Third Offense	6 months probation with conditions and $3,000 fine.	Revocation and $10,000 fine.
(q) Malpractice. (Section 468.217(1)(q), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions or denial and $5,000 fine.
Second and Subsequent Offenses	1 year suspension, 2 years probation with conditions and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(r) Performing of experimental treatment without informed consent. (Section 468.217(1)(r), F.S.)
First Offense	1 year suspension, 1 year probation with conditions and $1,000 fine.	2 years suspension, 2 years probation with conditions or denial and $5,000 fine.
Second and Subsequent Offenses	Restriction of practice or license Revocation and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(s) Practicing beyond scope permitted. (Sections 468.217(1)(s), and 456.072(1)(o), F.S.)
First Offense	Letter of concern Reprimand and $100 fine.	6 months suspension, 6 months probation with conditions or denial and $1,500 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 6 months probation with conditions and $1,500 fine.	Permanent revocation 1 year suspension, 1 year probation with conditions and $7,500 fine.
Third Offense	1 year suspension, 1 year probation with conditions and $3,000 fine.	Revocation and $10,000 fine.
(t) Inability to practice occupational therapy with skill and safety. (Sections 468.217(1)(t), 456.072(1)(z), F.S.)
First Offense	Submit to mental/physical examination and impose conditions on practice.	Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.
Second and Subsequent Offenses	Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.	Permanent Revocation and $5,000 fine Submit to mental/physical examination and suspension until able to demonstrate ability to practive with reasonable skill and safety, followed by probation with conditions, and $3,000 fine.
Third Offense	Submit to mental/physical examination, suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions, and $3,000 fine.	Revocation and $5,000 fine.
(u) Delegation of professional responsibilities to unqualified person. (Sections 468.217(1)(u), 456.072(1)(p), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	6 months suspension, 1 year probation with conditions and $3,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 1 year probation with conditions and $53,000 fine.	Permanent revocation 1 year suspension, 2 years probation with conditions and $106,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $6,000 fine.	Revocation and $10,000 fine.
(v) Violation of order, or failure to comply with subpoena. (Sections 468.217(1)(v), 456.072(1)(q), F.S.)
First Offense	Suspension until order or subpoena complied with and $500 fine.	1 year suspension, 1 year probation with conditions Revocation and $1,500 fine.
Second and Subsequent Offenses	6 months suspension, 1 year probation with conditions and $1,500 fine.	Permanent rRevocation and $5,000 fine.
(w) Conspiring to restrict another from lawfully advertising services. (Section 468.217(1)(w), F.S.)
First Offense	Letter of concern Reprimand.	Letter of concern Reprimand and $100 fine.
Second and Subsequent Offenses	Letter of concern Reprimand and $5100 fine.	Letter of concern Reprimand and $1,0500 fine.
Third Offense	Reprimand and $500 fine.	Reprimand and $1,000 fine.
(x) Violating Chapters 468, 456, F.S., or any rules adopted pursuant thereto. (Sections 468.217(1)(x), and 456.072(1)(dd), F.S.)
First Offense	Suspension until law or rule complied with and $500 fine.	1 year suspension, 1 year probation with conditions Revocation and $1,500 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 1 year probation with conditions and $21,500 fine.	Permanent rRevocation and $5,000 fine.
(y) Performing or attempting health care services on the wrong patient, wrong site wrong procedure, or unauthorized or medically unnecessary procedure including preparation of the patient. (Section 456.072(1)(bb), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $5,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 1 year suspension, 2 years probation with conditions and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(z) Intentionally violating any rule adopted by the Board or the Department as appropriate. (Section 456.072(1)(b), F.S.)
First Offense     Second and Subsequent Offenses	6 months suspension, 1 year probation with conditions and $1,000 fine. Restriction of practice or license and $5,000 fine.	1 year suspension, 2 years probation with conditions and $3,000 fine. Permanent Revocation and $10,000 fine.
(aa) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice a licensee’s profession. (Section 456.072(1)(c), F.S.)
First Offense	6 months probation with conditions and $1,000 fine.	Permanent rRevocation and $5,000 fine.
Second and Subsequent Offenses	Restriction of practice or license1 year suspension and $5,000 fine.	Permanent rRevocation and $10,000 fine.
(bb) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome. (Section 456.072(1)(e), F.S.)
First and Subsequent Offenses	Letter of Concern.	6 months probation with conditions and $500 fine.
(cc) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 456.072(1)(g), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension 6 months suspension, 1 year probation with conditions and $5,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 1 year probation with conditions and $2,000 fine.	Permanent revocation 1 year suspension, 2 years probation with Conditions and $10,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $4,000 fine.	Revocation and $10,000 fine.
(dd) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(a) and (m), F.S.)
First Offense	1 year probation with conditions and $10,000 fine.	1 year suspension, 1 year probation with conditions and $10,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 1 year suspension, 1 year probation with conditions and $10,000 fine.	Permanent rRevocation and $10,000 fine.
Third Offense	2 years suspension, 2 years probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
(ee) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)
First Offense	6 months probation with conditions and $1,000 fine.	1 year suspension 6 months suspension, 1 year probation with conditions and $2,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 1 year probation with conditions and $42,000 fine.	Permanent revocation 1 year suspension, 1 years probation with conditions and $105,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $4,000 fine.	Revocation and $10,000 fine.
(ff) Engaging or attempting to engage a patient in verbal or physical sexual activity. (Section 456.072(1)(v), F.S.)
First Offense	1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.	Permanent rRevocation and $7,500 fine.
Second and Subsequent Offenses	Permanent rRevocation and $7,500 fine.	Permanent rRevocation and $10,000 fine.
(gg) Failing to report to the board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of no contendere to, regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)
First Offense	Letter of concern and $500 fine Reprimand.	6 months suspension, 1 year probation with conditions and $500 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $1,000 fine.	Revocation and $5,000 fine.
(hh) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents. (Section 456.072(1)(y), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension 6 months suspension, 1 year probation with conditions and $4,000 fine.
Second and Subsequent Offenses	Restriction of practice or license 6 months suspension, 2 years probation with conditions and $42,000 fine.	Permanent revocation 1 year suspension, 2 years probation with conditions and $107,5000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $4,000 fine.	Revocation and $10,000 fine.
(ii) No change.
(jj) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)
First and Subsequent Offenses	Permanent rRevocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(kk) Failing to remit the sum owed to the State for an overpayment from the Medicaid Program pursuant to a final order, judgment, or Stipulation or settlement. (Section 456.072(1)(jj), F.S.)
First Offense	6 months probation with conditions Letter of concern and a fine of $500 fine.	1 year suspension and Probation and a fine of $2,500 fine.
Second and Subsequent Offenses	1 year suspension and $3,000 Reprimand and a fine of $2,500.	Permanent revocation Reprimand, probation and a fine of $5,000 fine.
Third Offense	Suspension and a fine of $5,000.	Revocation and a fine of $5,000.
(ll) Being terminated from the state Medicaid Program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. (Section 456.072(1)(kk), F.S.)
First Offense	Letter of concern and a fine of $1,000 fine.	1 year suspension Probation and a fine of $21,5000 fine.
Second and Subsequent Offenses	1 year suspension Probation and a fine of $51,000 fine.	Permanent revocationSuspension and a fine of $105,000 fine.
Third Offense	Suspension and a fine of $5,000.	Revocation and a fine of $10,000.
(mm) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which related to health care fraud. (Section 456.072(1)(ll), F.S.)
First and Subsequent Offenses	Permanent rRevocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(nn) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 456.072(1)(oo), F.S.)
First Offense	Letter of Concern and $500 fine.	1 year suspension 6 months probation with conditions and $1,000 fine.
Second and Subsequent Offenses	1 year suspension Reprimand and $3,000 fine.	Permanent rRevocation and $5,000 fine.
Third Offense	Reprimand and $5,000 fine.	Revocation and $10,000 fine.
(oo) Testing positive for any drug on confirmed preemployment or employer ordered drug screening without lawful prescription. (Section 456.072(1)(aa), F.S.)
First Offense	Submit to mental/physical examination and impose conditions on practice.	Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions.
Second and Subsequent Offenses	Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions and $1,000 fine.	Permanent revocation Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions, and $3,000 fine.
Third Offense	Submit to mental/physical examination, suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation, and $3,000 fine.	Revocation and $5,000 fine.

(5) through (7) No change.

Rulemaking Authority 456.079, 468.204 FS. Law Implemented 456.072, 456.079, 468.217 FS. History–New 9-12-88, Amended 11-9-92, Formerly 21M-15.002, 61F6-15.002, 59R-63.002, Amended 1-27-00, 12-27-01, 12-27-05, 4-10-08, 8-5-10, 4-18-12, 1-10-17,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Occupational Therapy

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 14, 2020