To delete obsolete language due to elimination from statute.

Notice of Proposed Rule

DEPARTMENT OF HEALTH

Board of Athletic Training

RULE NOS.:RULE TITLES:

64B33-5.001Disciplinary Guidelines.

64B33-5.003Citations.

64B33-5.005Mediation.

PURPOSE AND EFFECT: To delete obsolete language due to elimination from statute.

SUMMARY: Delete obsolete language due to elimination from statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: 456.077, 456.078, 456.079, 468.705, 468.719 FS.

LAW IMPLEMENTED: 456.072, 456.717, 456.077, 456.078, 456.079, 468.705, 468.719 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:  Sue Foster, Executive Director, Board of Athletic Training, 4052 Bald Cypress Way, Bin C-08, Tallahassee, Florida 32399-3258, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B33-5.001 Disciplinary Guidelines.

(1) through (3) No change.

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) Failing to include the athletic trainer’s name and license number in any advertising, including, but not limited to, business cards and letterhead, related to the practice of athletic training. Advertising shall not include clothing or othernovelty items.	From a letter 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.	From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.	From suspension 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.
(a)(b) No change.
(b)(c) No change.
(c)(d) No change.
(d)(e) No change.

(4) through (5)(a) No change.

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense		Third Offense
(b) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome. (Section 456.072(1)(e), F.S.)	From letter 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.	From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.		From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an applica tion for licensure.
(b)(c) No change.
(c)(d) No change.
(d)(e) No change.
(e)(f) No change.
(f)(g) No change.
(g)(h) No change.
(h)(i) No change.
(i)(j) No change.
(j)(k) No change.
(k)(l) No change.
(l)(m) No change.
(m)(n) No change.
(n)(o) No change.

Rulemaking Authority 456.079, 468.705, 468.719 FS. Law Implemented 456.072, 456.717, 456.079, 468.719 FS. History–New 10-22-02, Amended 1-16-07, 6-30-10, 12-19-12.

 

64B33-5.003 Citations.

(1) through (3)(a) No change.

(b) Failing to include the athletic trainer’s name and license number in any advertising, including, but not limited to, business cards and letterhead, related to the practice of athletic training pursuant to Section 468.719(1)(b), F.S.: $50.00 fine, plus proof of compliance within 30 days, and costs;

(b)(c) No change.

(c)(d) No change.

(d)(e) No change.

(e)(f) No change.

(g) First time failure to respond to a continuing education audit within 30 days: $50.00 fine, plus proof of compliance, and costs;

(f)(h) No change.

(g)(i) No change.

(h)(j) No change.

(i)(k) No change.

(j)(l) No change.

(4) No change.

Rulemaking Specific Authority 456.077, 468.705, 468.719 FS. Law Implemented 456.077, 468.705, 468.719 FS. History–New 5-9-02, Amended 8-15-05.

 

64B33-5.005 Mediation.

(1) No change.

(2) For the purpose of Section 456.078, F.S., the Board designates as being appropriate for mediation first time violations of the following provision of Section 468.719(1), F.S.: failing to include the athletic trainer’s name and license number in any advertising, including, but not limited to, business cards and letterhead, related to the business of athletic training.

(2)(3) through (2)(c) No change.

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 8-15-05.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Board of Athletic Training

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  July 17, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  September 18, 2015