To comply with Chapters 2021-190 and 2021-199, Laws of Florida, two new violations with penalty ranges are added to the disciplinary guidelines in this rule for violations of parental consent requirements under s. 1014.06, ....

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-8.020Disciplinary Guidelines

PURPOSE AND EFFECT: To comply with Chapters 2021-190 and 2021-199, Laws of Florida, two new violations with penalty ranges are added to the disciplinary guidelines in this rule for violations of parental consent requirements under s. 1014.06, F.S., and for violations of offenses listed in s. 456.074(5), F.S., or a similar offense in another jurisdiction.

SUMMARY: In accordance with Chapters 2021-190 and 2021-199, Laws of Florida, new violations with penalty ranges are added to the disciplinary guidelines concerning (1) failure to comply with parental consent requirements in s. 1014.06, Florida Statutes, and for (2) violations of any of the offenses listed in s. 456.074(5), Florida Statutes, or a similar offense in another jurisdiction.

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, 456.47(7), 484.005 FS.

LAW IMPLEMENTED: 456.072, 456.079, 456.47(7), 484.014 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: Janet Hartman, Executive Director, Board of Opticianry, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B12-8.020 Disciplinary Guidelines.

(1) through (4) No Change.

(5) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., or a telehealth provider registered under Section 456.47(4), F.S., has violated Section 456.063(3), 456.065(2) or 484.013(1)(b) or 456.072, F.S., by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES			TELEHEALTH DISCIPLINE
	First Offense	Second Offense	Third and subsequent Offenses	First Offense	Second Offense
(a) Through (r) No Change.
(s) Failure to comply with the parental consent requirements of s. 1014.06, F.S. (Section 456.072(1), F.S.)	$500 fine, and up to 1 year probation with conditions.	$1,000 fine, and up to 6 months suspension.	$2,000 fine, and up to 2 years suspension.	Reprimand to suspension.	Suspension to revocation.
(t)  Being convicted or found guilty of, entering a plea of guilty or nolo contender 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), F.S.)	Revocation and a fine of $1,000, or in the case of application for licensure, denial of license.	Revocation and a fine of $2,500, or in the case of application for licensure, denial of license.	Revocation and a fine of $5,000, or in the case of application for licensure, denial of license.	Revocation

(6) through (7) No Change.

Rulemaking Authority 456.079, 456.47(7), 484.005 FS. Law Implemented 456.072, 456.079, 456.47(7), 484.014 FS. History–New 3-5-87, Amended 3-30-89, 4-22-90, 12-23-90, 1-27-93, Formerly 21P-8.020, Amended 5-2-94, Formerly 61G13-8.020, 59U-8.020, Amended 12-3-01, 3-16-04, 5-25-06, 6-24-08, 4-8-10, 3-26-18, 12-21-20, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Opticianry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 27, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2021