To add Section 465.0276, F.S., to the statutory requirements which, if violated, can subject a practitioner to potential disciplinary action.

 

DEPARTMENT OF HEALTH

Board of Optometry

RULE NOS.:RULE TITLES:

64B13-15.005Designation of Administrative Violations; Major; Minor

64B13-15.006Designation of Patient Care Violations; Major; Minor

PURPOSE AND EFFECT: To add Section 465.0276, F.S., to the statutory requirements which, if violated, can subject a practitioner to potential disciplinary action.

SUMMARY: The amendments clarify how a violation of Section 465.0276, F.S., will be classified for purposes of licensee discipline.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: The proposed amendments designate the classification appropriate for a potential violation of Section 465.0276, F.S. Because this statute imposes requirements for licensees, the rule amendments do not impose any costs by themselves. Further, the Board anticipates that identifying these disciplinary guidelines will clarify and, therefore, reduce confusion and costs to all entities, including licensees, small businesses and government.

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, 463.005(1) FS.

LAW IMPLEMENTED: 456.079, 465.0276(4) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adrienne Rodgers, Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B13-15.005 Designation of Administrative Violations; Major; Minor.

(1)(a) through (l) No change.

(m) Subsections (1), (2) and (5) of Section 465.0276, F.S. entitled “Dispensing Practitioner,” if the violation is of a technical nature not related to patient care.

(2)(a) through (g) No change.

(h) Subsections (1), (2) and (5) of Section 465.0276, F.S., entitled “Dispensing Practitioner,” if the violation is substantially likely to affect patient care.

(i)(h) Rule 64B13-3.001, F.A.C., entitled “Confidential Information; Disclosure.”

(j)(i) Rule 64B13-3.003, F.A.C., entitled “Patient Records; Transfer or Death of Licensed Practitioner.”

(k)(j) Paragraphs (2)(a), (b), (c), (d), (e), (f), and subsections (4), (5), and (6), of Rule 64B13-3.009, F.A.C., entitled “False, Fraudulent, Deceptive and Misleading Advertising Prohibited; Policy; Definitions; Affirmative Disclosure.”

(l)(k) Rule 64B13-3.012, F.A.C., entitled “Prescriptions” if the violation is substantially likely to affect patient care.

(m)(l) Subsection (3) of Rule 64B13-11.001, F.A.C., entitled “Inactive Status.”

(n)(m) Rule 64B13-5.001, F.A.C., entitled “Hours Requirement.”

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.005, 61F8-15.005, Amended 8-18-96, Formerly 59V-15.005, Amended 5-1-02, 7-6-10, 2-1-12, 7-10-14,_________.

 

64B13-15.006 Designation of Patient Care Violations; Major; Minor.

(1)(a) through (2)(o) No change.

(p) Subsections (1), (2) and (5) of Section 465.0276, F.S., entitled “Dispensing Practitioner,” if the violation results in actual harm to the patient.

(q)(p) Subsection 893.05(1), F.S., entitled “Practitioners and persons administering controlled substances in their absense.”

(3) No change.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.006, 61F8-15.006, 59V-15.006, Amended 5-1-02, 10-30-08, 11-20-13,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Optometry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 27, 2014