The Board proposes the rule amendment to clarify disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-44.003Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify disciplinary guidelines.

SUMMARY: The change is to clarify disciplinary guidelines.

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: 456.072(1)(t), 456.079, 458.309, 468.507 FS.

LAW IMPLEMENTED: 456.072(1)(t), 456.079, 468.517, 468.518(2) 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: Allen Hall, Executive Director, Board of Medicine/Dietetics and Nutrition Practices Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, or telephone [phone], or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-44.003 Disciplinary Guidelines.

(1) When the Board finds any person has committed any of the acts set forth in section 456.072(1) or Chapter 468, Part X, F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines. The language identifying offenses below is descriptive only.  The full language of each statutory provision cited must be consulted to determine the conduct included.

 

RECOMMENDED RANGE OF PENALTY
VIOLATION	FLORIDA LICENSES		TELEHEALTH REGISTRANTS
	FIRST OFFENSE	ADDITIONAL OFFENSE	FIRST OFFENSE	ADDITIONAL OFFENSE
(a)No Change.
(b) Being unable to engage in dietetics and nutrition practice or nutrition counseling with reasonable skill and safety to patients 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. (Sections 468.518(1)(b), 456.072(1)(z), F.S.)	Suspension until such time as the licensee can provide proof of reasonable skill and safety. to revocation	Suspension until such time as the licensee can provide proof of reasonable skill and safety. to revocation	Suspension and corrective action plan to revocation	Revocation
c) Attempting to procure or procuring a license to practice dietetics and nutrition or nutrition counseling by fraud, material misrepresentation of material fact, or by error of the department or the board. (Sections 468.518(1)(c), 456.072(1)(h), F.S.)
1. By error to the department or the board.	Letter of concern and/or laws and rules continuing education Revocation	$1,000 fine Revocation	Letter of concern to suspension and corrective action plan Revocation	Suspension and corrective action plan to Revocation
2. By fraud, or material misrepresentation of material fact.	$10,000 fine to probation or suspension and $10,000 fine, and revocation	$10,000 fine to revocation and $10,000 fine and revocation	Suspension and a corrective action plan. Revocation	Revocation
(d) Through (aa) No Change.
(bb) Being terminated from an impaired practitioner program that is overseen by a consultant as described in s. 456.076, for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.  (Section 456.072(1)(hh), F.S.)	Suspension until such time as licensee is re-admitted into a treatment or monitoring program to revocation	Suspension until such time as licensee successfully completes a treatment or monitoring program to revocation	Revocation	n/a
(cc) Through (ff) No Change.
(gg) Except as otherwise authorized, failure to comply with the parental consent requirements of Section 1014.06, (F.S. Section 456.072(1)(rr) F.S.)	Reprimand and $1,000 fine to one year probation and $5,000 fine	One year probation and a $5,000 fine to revocation	Suspension and corrective action plan	Suspension and corrective action plan to revocation
(hh) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or a similar offense in another jurisdiction(F.S. Section 456.072(1)(ss), F.S.)	Revocation	n/a	Revocation	n/a

 

(2) through (4) No Change.

 

Rulemaking Authority 456.072(1)(t), 456.079, 458.309, 468.507 FS. Law Implemented 456.072(1)(t), 456.079, 468.517, 468.518(2) FS. History–New 12-4-90, Formerly 21M-50.003, Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98, 8-19-99, 9-28-00, 9-26-01, 2-13-03, 4-10-06, 1-8-07, 5-13-10, 7-13-16 _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practices Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dietetics and Nutrition Practices Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 7, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2021