The Board proposes the rule amendment for clarification of citation requirements.

DEPARTMENT OF HEALTH
Board of Physical Therapy Practice

RULE NO: RULE TITLE
64B17-7.002: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment for clarification of citation requirements.
SUMMARY: Citation requirements will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Allen Hall, Executive Director, Board of Physical Therapy Practice, at the address listed below.
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.
SPECIFIC AUTHORITY: 456.077, 486.025 FS.
LAW IMPLEMENTED: 456.077 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B17-7.002 Citations.

(1) through (2) No change.

(3) The Board designates the following as citation violations:

(a) Advertising for discounted services (Section 456.062, F.S.) – A fine of $250.

(b) Failure to turn over patient records (Section 456.057, F.S.) – A fine of $100.

(c) Obtaining a license by issuing a bad check (Section 456.072(1)(h), F.S.) – A fine of $100.

(d) Failure to report in writing to the Board after criminal conviction of licensee (Section 456.072(1)(w), F.S.) – A fine of $250.

(e) Failure of the licensee to satisfy continuing education requirements established by the Board (Rule 64B17-9.001, F.A.C.):

1. Fines:

a.1. Failure to complete less than 9 hours, a fine of $300.

b.2. Failure to complete between 9 and 16 hours, a fine of $600.

c.3. Failure to complete between 17 and 24 hours, a fine of $1,000.

2. Licensee must provide proof of completion of the deficient hours within 90 days of the date the citation was filed.

(f) Failure to notify the Board office in writing of a change of address (Rule 64B17-6.004, F.A.C.) – A fine of $250.

(g) Failure to comply with a continuing education audit request (Section 486.109(4) and 486.125(1)(k), F.S.) – A fine of $250, and licensee must provide proof of compliance with continuing education requirements within 30 days of the date the citation was filed.

(h) Failure to pay required fees and/or fines in a timely manner (Rule 64B17-7.0025, F.A.C.) – A fine of $150.

(4) through (5) No change.

Specific Authority 456.077, 486.025 FS. Law Implemented 456.077 FS. History–New 1-19-92, Formerly 21MM-7.003, Amended 10-28-93, Formerly 61F11-7.003, 59Y-7.003, Amended 1-6-99, 1-6-02, 4-18-04, 7-13-05,                          .

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: September 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 27, 2008