Out-of-State Telehealth Discipline

 

DEPARTMENT OF HEALTH

Board of Opticianry

RULE NO.:RULE TITLE:

64B12-8.024Out-of-State Telehealth Discipline

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. 46 No. 173, September 3, 2020 issue of the Florida Administrative Register.

The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B12-8.024.  Additionally, the Board made changes to the proposed rule to reflect the following changes:

 

The changes to the language are as follows:

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
(a)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
(b)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
(c)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
(d)4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1), or s. 484.014465.016(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)    through (5) No Change.

 

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

 

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.