The Board proposes a rule amendment that advises the public of the potential range of penalties that the board may impose for violations set forth in HB 241 and SB 1934 (2021).

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-7.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes a rule amendment that advises the public of the potential range of penalties that the board may impose for violations set forth in HB 241 and SB 1934 (2021).

SUMMARY: This rule amendment adds disciplinary guidelines (1)(ii) and (1)(jj) for violations set forth in HB 241 and SB 1934 (2021), respectively.

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: 456.036, 456.072, 456.079, 456.47(7), 486.025 FS.

LAW IMPLEMENTED: 456.072, 456.073, 456.079, 456.47, 486.125 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 Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3252, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B17-7.001 Disciplinary Guidelines.

(1) When the Board finds that an applicant or licensee whom it regulates under Chapter 486 or Section 456.47, F.S., has violated the below-listed provisions, it shall issue a final order imposing appropriate penalties for each count or separate offense, as set forth in Section 456.072(2), F.S., within the ranges recommended in the following disciplinary guidelines. As part of a final order imposing appropriate penalties, the Board shall consider requiring an applicant or licensee to attend Board meetings, perform community service, take described continuing education courses, or take and pass the applicable jurisprudence examination. The identification of offenses is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. For Florida licensees, probation may include specific compliance conditions, and conditions of probation may be required following any period of suspension of license. For out-of-state telehealth registrants, a suspension of practice may include a corrective action plan. A corrective action plan may include continuing education, passage of the Florida laws and rules exam, monitored practice, restricted practice, periodic reports to the Board, an appearance before the Board, restitution, or other corrective action deemed necessary by the Board for the health, safety, and welfare of the public. For Florida applicants, all offenses listed herein are sufficient for refusal to certify an application for licensure. 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. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of any guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000 per count or offense.

(a) Through (hh) No Change.

(ii) Failure to comply with the parental consent requirements of s. 1014.06. (Section 456.072(1)(rr), F.S.)

Florida Licensees:	MINIMUM	MAXIMUM
First Offense	$500 fine and a reprimand	$2,000 fine and a reprimand
Second Offense	$1,000 fine and a reprimand	$3,000 fine and/or probation
Third Offense	$3,000 fine and/or six (6) months suspension	$5,000 fine and/or revocation
Telehealth Registrants:
First Offense	Reprimand and/or six (6) months suspension with a corrective action plan	Reprimand and/or two (2) years suspension with a corrective action plan
Second Offense	Reprimand and/or one (1) year suspension with a corrective action plan	Reprimand and/or three (3) years suspension
Third Offense	Reprimand and/or five (5) years suspension	Revocation

(jj) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or a similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)

Florida Licensees:	MINIMUM	MAXIMUM
First Offense	$5,000 fine and/or five (5) years suspension; $10,000 fine if fraudulent	$10,000 fine and/or revocation
Second and Subsequent Offenses	$10,000 fine and/or revocation	$10,000 fine and revocation
Telehealth Registrants:
First Offense	Ten (10) years suspension with a corrective action plan	Revocation
Second and subsequent Offenses	Ten (10) years suspension	Revocation

 

(2) No Change.

Rulemaking Authority 456.036, 456.072, 456.079, 456.47(7), 486.025 FS. Law Implemented 456.072, 456.073, 456.079, 456.47, 486.125 FS. History–New 2-10-87, Formerly 21M-9.023, Amended 8-2-90, 10-14-91, 12-6-92, 3-24-93, Formerly 21MM-7.002, 61F11-7.002, 59Y-7.002, Amended 1-8-98, 8-3-00, 1-2-03, 4-9-06, 2-5-07, 4-5-07, 6-27-07, 6-30-10, 6-18-12, 2-6-17, 4-27-21,_________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 8, 2021