The Board proposes to establish disciplinary guidelines for Out of State Telehealth Registrants pursuant to 456.47(4)(i).

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NOS.:RULE TITLES:

64B12-8.020Disciplinary Guidelines

64B12-8.024Out-of-State Telehealth Discipline

PURPOSE AND EFFECT: The Board proposes to establish disciplinary guidelines for Out of State Telehealth Registrants pursuant to 456.47(4)(i).

SUMMARY: The Board proposes to update rule language.

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(4), 456.47(7), 484.005 FS.

LAW IMPLEMENTED: 456.072, 456.079, 456.47(4), 484.014 FS.

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) The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 484, F.S., or a telehealth provider registered under section 456.47(4), F.S.. The purpose of this rule is to notify applicants and licensees of the ranges of penalties that will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) No change.

(3) 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 committed any of the acts set forth in Sections 456.072, 456.47, or 484.014, F.S., 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 and Subsequent Offenses
(a) Procuring or attempting to procure, or renew a license by misrepresentation, bribery, fraud or through an error of the Department or the Board. (Section 484.014(1)(a), F.S.) (Section 456.072(1)(h), F.S.)	(a) From Rreprimand to probation of the license and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(a) From Ssuspension to revocation of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(a) From Rrevocation, without the ability to reapply, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension and a corrective action plan	Suspension to revocation
(b) Procuring or attempting to procure a license for any other person by making or causing to be made any false representation. (Section 484.014(1)(b), F.S.)	(b)         From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(b) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(b) From Ssuspension to revocation, without the ability to reapply, and an administrative fine of $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(c) Filing a false report or failing to file a report as required. Such reports or records shall include only those which the person is required to make or file as an optician. (Section 484.014(1)(c), F.S.) (Section 456.072(1)(l), F.S.)	(c) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(c) From Pprobation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(c) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan to revocation
(d) Failing to make fee or price information readily available by providing such information upon request or upon the presentation of a prescription. (Section 484.014(1)(d), F.S.)	(d) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(d) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(d) From Pprobation to suspension of the license, and an administrative fine ranging from $750.00 to $1000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to suspension
(e) False, deceptive, or misleading advertising. (Section 484.014(1)(e), F.S.)	(e) From a Lletter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(e) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(e) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(f) Fraud or deceit, or negligence, incompetency, or misconduct in the authorized practice of opticianry. (Section 484.014(1)(f), F.S.)	(f) From Rreprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $3,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(f) From Pprobation to suspension of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(f) From Ssuspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(g) Practicing with a revoked, suspended, inactive, retired, or delinquent license. (Sections 456.036(1) and 484.014(1)(g), F.S.)	(g) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(g) From Pprobation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(g) From Ssuspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(h) Violation of a lawful order of the Board or Department or a subpoena of the Department. (Section 484.014(1)(h), F.S.) (Section 456.072(1)(q), F.S.)	(h) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(h) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(h) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan to revocation
(i) Violation of any provision of Section 484.012, F.S. (Section 484.014(1)(i), F.S.)	(i) From Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(i) From Pprobation to suspension, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(i) From Ssuspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(j) Conspiring to restrict another from lawfully advertising his or her services. (Section 484.014(1)(j), F.S.)	(j) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(j) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(j) From Ssuspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(k) Willfully submitting to any thirdparty payor a claim for services which were not provided to a patient. (Section 484.014(1)(k), F.S.)   The licensee’s reimbursement to the third-party payor shall be considered as a mitigating factor by the board.	(k) From Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	(k) From Pprobation to suspension, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(k) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(l) Failing to keep written prescription files. (Section 484.014(1)(l), F.S.)	(l) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(l) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(l) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(m) Failure to report another licensee in violation of Chapters 484, Part I, 456, F.S., or rule of the Board or Department. (Section 484.014(1)(m), F.S.) (Section 456.072(1)(i), F.S.)	(m) From a Lletter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(m) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(m) From Ssuspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(n) Exercising influence on a client for financial gain of the licensee or of a third party. (Section 484.014(1)(n), F.S.) (Section 456.072(1)(n), F.S.)	(n) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(n) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to a $750.00, or refusal to certify an application for licensure.	(n) From Ssuspension to revocation and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(o) Gross or repeated malpractice. (Section 484.014(1)(o), F.S.)	(o) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(o) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	(o) From Ssuspension to revocation of the license, without the ability to reapply, and an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify an application for licensure.	Suspension and a corrective action plan to revocation	Suspension to revocation
(p) Permitting any person not licensed as an optician in this state to fit or dispense any lenses, spectacles, eyeglasses, or other optical devices that are part of the practice of opticianry. (Section 484.014(1)(p), F.S.)	(p) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(p) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(p) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(q) Guilty of a crime directly relating to the ability to practice opticianry or to the practice of opticianry. (Section 484.014(1)(q), F.S.) (Section 456.072(1)(c), F.S.)	(q) From Rreprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(q) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(q) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(r) Action taken against license by another jurisdiction. Licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license. (Section 484.014(1)(r), F.S.) (Section 456.072(1)(f), F.S.)	(r) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(r) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(r) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspsension and a corrective action plan to revocation
(s) Being unable to practice opticianry with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. (Section 484.014(1)(s), F.S.) (Section 456.072(1)(z), F.S.)	(s) From Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(s) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(s) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(t) Violation or repeated violation of Chapter 456 or 484, F.S., or any rules promulgated pursuant thereto. (Section 484.014(1)(i), (t), F.S.) (Section 456.072(1)(b), (dd), F.S.)	(t) From Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	(t) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(t) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation

(4) 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 484.014(1)(t), F.S., by violating any of the following Board rules, 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 and Subsequent Offenses
(a) Failure to give notice of withdrawal of services pursuant to Rule 64B12-10.003, F.A.C.	(a) From Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(a) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(a) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(b) Failure to identify through written notice or orally to a patient the type of license under which the practitioner is practicing pursuant to Rule 64B12-10.0035, F.A.C.	(b) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(b) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(b) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(c) Failure to properly keep and transfer prescription files pursuant to Rule 64B12-10.006, F.A.C.	(c) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(c) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(c) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(d) Failure to assure that duplicate prescription forms contain the information required by Rule 64B12-10.0065, F.A.C.	(d) From a Lletter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(d) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(d) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to revocation
(e) Failure to maintain the equipment required by Rule 64B12-10.007, F.A.C.	(e) Notice of Non-Compliance.	(e) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(e) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Suspension and a corrective action plan
(f) Failure to provide change of address, pursuant to Rule 64B12-10.012, F.A.C.	(f) Notice of Non-Compliance.	(f) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(f) From Rreprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Letter of concern to reprimand	Reprimand to suspension
(g) Failure to properly supervise an apprentice as required by Rule 64B12-16.003, F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the Board may require probation with the condition that the licensee not serve as a sponsor.	(g) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(g) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(g) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(h) Failure to file the proper report upon termination of apprenticeship as required by Rule 64B12-16.004, F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the board may deny credit for hours of apprenticeship.	(h) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(h) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(h) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(i) Failure to file the proper report upon termination of sponsorship as required by Rule 64B12-16.004, F.A.C.   Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.	(i) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(i) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(i) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(j) Failure of a sponsor or apprentice to comply with Chapters 484, Part I, and 456, F.S., and the rules of the Board and Department or to timely file complete reports or information as required by Rule 64B12-16.008, F.A.C.   Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor or the board may deny credit for hours of apprenticeship.	(j) From a Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(j) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(j) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(k) Failure to maintain accurate and complete records of time worked by an apprentice, pursuant to Rule 64B12-16.009, F.A.C. Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.	(k) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(k) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(k) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation

(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) Failure to report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred. (Section 456.063(3), F.S.)	(a) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,500.00 to $5,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	(a) From Pprobation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	(a) From Ssuspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(b) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Department will enter a cease and desist order. (Sections 456.065(2) and 484.013(1)(b), F.S.)	(b) From a Rreprimand to probation of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.	(b) From Pprobation to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(b) From Ssuspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(c) Making misleading, deceptive, or fraudulent representations in or related to the practice of opticianry. (Section 456.072(1)(a), F.S.)	(c) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(c) From Pprobation to revocation of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(c) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(d) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome. (Section 456.072(1)(e), F.S.)	(d) From Lletter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(d) From Rreprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	(d) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Letter of Concern to reprimand	Reprimand to revocation
(e) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 456.072(1)(g), F.S.)	(e) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	(e) From Pprobation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	(e) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(f) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice opticianry contrary to Chapters 484 and 456, F.S., or the rules of the department or the board. (Section 456.072(1)(j), F.S.)	(f) From Rreprimand to suspension of the license, and an administrative fine ranging from $2,000.00 to $5,000.00, or refusal to certify an application for licensure.	(f) From Pprobation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	(f) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(g) Failure to perform legal obligation. (Section 456.072(1)(k), F.S.)	(g) From Rreprimand to suspension of the license, and an administrative fine ranging from $500.00 to $2,500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(g) From Pprobation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	(g) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(h) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(m), F.S.)	(h) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(h) From Pprobation to suspension of the license, without the ability to reapply, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	(h) From Ssuspension to revocation of license, without the ability to reapply, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(i) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. (Section 456.072(1)(o), F.S.)	(i) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	(i) From Pprobation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	(i) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(j) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. (Section 456.072(1)(p), F.S.)	(j) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.	(j) From Pprobation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.	(j) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(k) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)	(k) From Rreprimand to probation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.	(k) From Pprobation to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	(k) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
(l) Engaging or attempting to engage a patient or client in verbal or physical sexual activity. For the purposes of this section, a patient or client shall be presumed to be incapable of giving free, full, and informed consent to verbal or physical sexual activity. (Section 456.072(1)(v), F.S.)	(l) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	(l) From Pprobation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	(l) From Ssuspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(m) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)	(m) From Rreprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.	(m) From Pprobation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.	(m) From Ssuspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(n) Termination from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S.   Termination can be for failure to comply with the terms of the monitoring or treatment contract entered into by the licensed practitioner, failure to successfully complete any drug treatment or alchohol-treatment program, or termination from a monitoring or treatment contract without good cause. (Section 456.072(1)(hh), F.S.)	(n) From Rreprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.	(n) From Pprobation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	(n) From Ssuspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00 or refusal to certify an application for licensure.	Reprimand to suspension	Suspension and a corrective action plan to revocation
(o) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)	(o) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.			Revocation
(p) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (Section 456.072(1)(jj), F.S.)	(p) From a Lletter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.	(p) From a Rreprimand to suspension of license, and an administrative fine of $1000.00 to $5,000.00.	(p) From Ssuspension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.	Letter of concern to suspension and a corrective action plan	Reprimand to revocation
(q) Being terminated from  the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.)	(q) From a Lletter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.	(q) From a Rreprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.	(q) From Ssuspension to revocation of license, and an administrative fine of $1,000.00 to $5,000.00.	Letter of concern to suspension and a corrective action plan	Reprimand to revocation
(r) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (Section 456.072(1)(ll), F.S.)	(r) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.			Revocation

(6) through (7) No change.

Rulemaking Authority 456.079, 484.005 FS. Law Implemented 456.072, 456.079, 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,                     .

 

64B12-8.024 Out-of-State Telehealth Discipline

(1) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon out-of-state telehealth providers registered pursuant to section 456.47(4), F.S., for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

VIOLATION	PENALTY RANGE
	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license. (Section 456.47(4)(i), F.S.);	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction. (Section 456.47(4)(i), F.S.)	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction to revocation
3. Violates any of the requirements of section 456.47, F.S. (Section 456.47(4)(i), F.S.)	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1), or s. 465.016(1), F.S.	As stated in rule 64B12-8.020, F.A.C.	As stated in rule 64B12-8.020, F.A.C.

(2) The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, letter of concern, reprimand, suspension, and revocation.

(3) A suspension may be for a definiate term or may be  accompanied by a corrective action plan established by the Board, as stated in rule 64B12-8.020, F.A.C.

(4) A suspension for a definate term may be terminated early only upon approval of the Board.  A suspension accompnaied by a corrective action plan may be lifted upon successful successful complaince with the corrective action or otherwise determined by the Board. 

(5) A “corrective action plan” must accompany a suspension and includes rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all provisions to the Board.  A corrective action plan may follow a suspension for a definite term and require continued suspension until successful compliance with the corrective action plan. Nothing in this paragraph shall be interpreted as restricting the Board’s ability to impose a suspension for a definite term absent or accompanied by a corrective action plan. 

Rulemaking Authority 456.47(4), 456.47(7) FS. Law Implemented 456.47(4) FS. History–New                        .

 

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: April 24, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 12, 2020