RULE NO.:RULE TITLE:
64B18-14.002Disciplinary 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. 42 No. 239, December 12, 2016 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and by a discussion and vote by the Board at its February 3, 2017, meeting. The rule shall now read as follows:
64B18-14.002 Disciplinary Guidelines.
The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon an applicant or licensee whom it regulates under Chapter 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either Section 461.012 or 456.072, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 461, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
VIOLATION
FIRST OFFENSE
SECOND OFFENSE
(1) through (2) No change.
(3) Selling or fraudulently obtaining or furnishing any podiatry diploma, license, or record of registration or aiding or abetting in the same.
(Section 461.012(2)(a), F.S.)
The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000 8,000. In the case of an applicant, the Board shall deny the application and impose a $10,000 8,000 fine.
The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000. In the case of an applicant, the Board shall deny the application and impose a $10,000 fine.
(4) No change.
(5) Using the name or title “Podiatrist,” “Doctor of Podiatry,” “Doctor of Podiatric Medicine,” or using the phrase “foot clinic,” “foot doctor,” “quiropedista,” or any other name, title, or phrase which would lead the public to believe that such person is engaging in the practice of podiatric medicine, unless such person is licensed as a podiatric physician in this state.
(Section 461.012(2)(c), F.S.)
The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000 to $10,000 8,000. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000 8,000 fine shall be imposed in addition to other actions.
The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000 to $10,000. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000 fine shall be imposed in addition to other actions.
(6) through (14) No change.
(15) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed podiatric physician.
(Section 461.013(1)(i), F.S.)
If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $2,500 to $5,000. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000 8,000.
If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $10,000. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.
(16) through (32) No change.
(33) Fraud, deceit, or misconduct in the practice of podiatric medicine.
(Section 461.013(1)(z), F.S.)
The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $5,000, to $10,000 if fraud is alleged.
The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $8,000, to $10,000 if fraud is alleged.
(34) through (61) No change.
(62) 456.072(1)(oo), F.S: Willfully failing to comply with s. 627.64194 or s. 641.513 with such frequency as to indicate a general business practice.
The Board shall impose a penalty of reprimand and/or a fine of $250.
The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $2,000.
Rulemaking Authority 456.072, 456.079, 461.005, 461.013 FS. Law Implemented 456.033, 456.063, 456.072, 456.079, 461.012, 461.013 FS. History–New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony B. Spivey, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.
