Board of Orthotists and Prosthetists
RULE NO.:RULE TITLE:
64B14-7.003Disciplinary Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 133, July 12, 2021 issue of the Florida Administrative Register.
The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B14-7.003, F.A.C.. On August 10, 2021, the Board approved changes to the proposed rule language. The changes are as follows:
64B14-7.003 Disciplinary Guidelines.
(1) No Change.
(2) Violations and Ranges of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and 120.57(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 are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
VIOLATION
PENALTY RANGE MINIMUM
PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license, certificate, or registration by bribery, fraudulent misrepresentation or through an error of the Department or the Board.
(Sections 468.811(1)(a),
First Offense
No Change.
Denial/revocation $10,000 fine.
Second Offense
Revocation and $10,000 fine.
Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense
Denial/revocation
Denial/revocation
Second Offense
Revocation
Revocation
(b) through (i) No Change.
(j) Failure to notify the Board of the licensee’s current mailing address and place of practice.
(Sections 456.035(1), and 468.811(i), F.S.)
First Offense
Notice of Non-Compliance
Reprimand and $100 fine
Second Offense
Reprimand and $100 fine.
3 month probation with conditions and $250 fine
Third Offense
3 month probation with conditions and $250 fine
6 month probation with conditions and $500 fine
TELEHEALTH REGISTRANTS
Second Offense
Reprimand
3 months suspension with corrective action plan
Third Offense
3 months suspension with corrective action plan
6 months suspension with corrective action plan
(k) through (t) No Change
(u) Practicing, offering to practice, beyond the scope permitted by law or accepting and performing professional responsibilities the registrant knows, or has reason to know, the registrant is not competent to perform.
(Sections 456.072(1)(o), and 468.811(1)(l), F.S.)
First Offense
6 month probation with conditions including refund of fees billed and collected and $500 fine
6 month suspension, 6 month probation with conditions or denial/revocation and $10,000 fine
Second Offense
6 month suspension, 6 month probation with conditions and $1,000 fine
1 year suspension, 1 year probation with conditions and $10,000 fine
Third Offense
1 year suspension, 1 year probation with conditions and $2,500 fine
Revocation and $10,000 fine
TELEHEALTH REGISTRANTS
First Offense
6 months suspension with corrective action plan including refund of fees billed and collected
1 year suspension with corrective action plan or denial/revocation
Second Offense
1 year suspension with corrective action plan.
2 years suspension with corrective action plan
Third Offense
2 years suspension with corrective action plan
Revocation
(v) through (z) No Change.
(aa) through (jj) No Change.
(kk) Failure to comply with the parental consent requirements of Section 1014.06. (Section 456.072(1)(rr), F.S.)
First Offense
Reprimand and a fine of $250
$500 fine and one (1) year probation
Second Offense
$500 fine and one (1) year of probation
Revocation.
TELEHEALTH REGISTRANTS
First Offense
Reprimand
Suspension and a corrective action plan.
Second Offense
Suspension and a corrective action plan
Revocation.
(ll) Being convicted or found guilty of, entering a plea of guilty or nolo contedere to, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5). (456.072(ss), F.S. )
First Offense
Revocation
Revocation
Second Offense
Revocation
Revocation
TELEHEALTH REGISTRANTS
First Offense
Revocation
Revocation
Second Offense
Revocation
Revocation.
(mm) Failure to display hyperlink on telehealth registrant’s website. (Section 456.47(4)(c), (F.S.)
TELEHEALTH REGISTRANTS
First Offense
Letter of Concern
Suspension until compliant and a corrective action plan
Second Offense
Suspension until compliant and a corrective action plan
Revocation
(nn) Failing to notify the board of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction within 5 business days after the restriction is placed or disciplinary action is initiated or taken. (Section 456.47(4)(d), F.S.)
TELEHEALTH REGISTRANTS
First Offense
Letter of Concern to suspension and a corrective action plan
Revocation
Second Offense
Suspension and a corrective action plan
Revocation
(oo) Opening an office in Florida or providing in-person healthcare services to patients in Florida. (Section 456.74(4)(f), F.S).
TELEHEALTH REGISTRANTS
MINIMUM
MAXIMUM
First Offense
Suspension until compliant and a corrective action plan
Revocation
Second Offense
Minimum of 1 year suspension until compliant and corrective action plan to revocation of denial
Revocation
(3) – (4) No Change.
Rulemaking Authority 456.072(4), 456.079(1), 456.47(7), 468.802 FS. Law Implemented 456.072, 456.079(2), 456.47, 468.811, 760.27 FS. History–New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10, 10-4-17,_______________.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Janet Hartman, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3257.
