The proposed rule amendment is intended to address the violation and appropriate penalty regarding being found guilty of a crime relating to the practice or the ability to practice speech pathology or audiology.

 

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE NO.:RULE TITLE:

64B20-7.001Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendment is intended to address the violation and appropriate penalty regarding being found guilty of a crime relating to the practice or the ability to practice speech pathology or audiology.

SUMMARY: The proposed rule amendment clarifies the violation with regard to being found guilty of a crime relating to the practice or the ability to practice speech pathology or audiology and specifies that for a first offense the Board may impose a penalty up to and including revocation.

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: 456.078, 468.1135(4) FS.

LAW IMPLEMENTED: 456.063, 456.072, 456.076, 456.078, 468.1295, 468.1296 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: Anthony Jusevitch, Executive Director, Board of Speech-Language Pathology and Audiology/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B20-7.001 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

 

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense		Second Offense			Third Offense
(a) - (b) No change.
(c) Guilty of a crime relating to the practice or the ability to practice speech pathology or audiology. (Section 468.1295(1)(c), F.S.); (Section 456.072(1)(c), F.S.)	(c) From 6 months probation with conditions to revocation 1 year suspension and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of licensure.		(c) From 1 year suspension of the license to revocation and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of licensure.		(c) Revocation.
(d) through (hh) No change.

Rulemaking Authority 456.078, 468.1135(4) FS. Law Implemented 456.063, 456.072, 456.076, 456.078, 468.1295, 468.1296 FS. History–New 2-7-91, Amended 11-9-92, Formerly 21LL-7.001, 61F14-7.001, 59BB-7.001, Amended 10-25-00, 4-14-02, 8-22-05, 12-28-05, 8-28-07, 8-28-12,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Speech-Language Pathology and Audiology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Speech-Language Pathology and Audiology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2013