The Board proposes the rule repeal due to the rule being outdated and unnecessary.

 

DEPARTMENT OF HEALTH

Board of Chiropractic

RULE NO.:RULE TITLE:

64B2-16.005False, Misleading and Deceptive Representations in the Practice

PURPOSE AND EFFECT: The Board proposes the rule repeal due to the rule being outdated and unnecessary.

SUMMARY: The rule will be repealed due to it being outdated and unnecessary.

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, based upon the expertise and experience of its members, 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: 460.405 FS.

LAW IMPLEMENTED: 456.072(1)(a), 460.413(1)(k) 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: Adrienne Rodgers, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-16.005 False, Misleading and Deceptive Representations in the Practice.

(1) Sections 456.072(1)(a) and 460.413(1)(l), F.S., prohibit a chiropractor from making misleading, deceptive, untrue or fraudulent representations in the practice of chiropractic or employing a trick or scheme in the practice of chiropractic when such scheme or trick fails to conform to the generally prevailing standards of treatment in the chiropractic community.

(2) It is a misleading, deceptive, untrue or fraudulent representation in the practice of chiropractic for a licensee to advertise or otherwise represent to his patients or the public that a service (i.e., x-rays, examinations, etc.) is free or will cost a specific amount when in fact the licensee is transmitting a different charge for the advertised or represented service to a third party payor for payment.

Rulemaking Specific Authority 460.405 FS. Law Implemented 456.072(1)(a), 460.413(1)(k) FS. History–New 4-13-82, Formerly 21D-16.05, 21D-16.005, 61F2-16.005, 59N-16.005, Repealed__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2014