Eliminates inconsistent penalty language and ensures alignment with statutory directive.

 

DEPARTMENT OF HEALTH

Dental Laboratories

RULE NO.:RULE TITLE:

64B27-2.001Disciplinary Guidelines

PURPOSE AND EFFECT: Eliminates inconsistent penalty language and ensures alignment with statutory directive.

SUMMARY: The rule is being amended to eliminate inconsistent penalty language to ensure alignment with statutory directive.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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: 466.038 FS.

LAW IMPLEMENTED: 456.072, 456.079, 466.028, 466.037 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, 4052 Bald Cypress Way, Bin C-08, Tallahassee, FL 32399-3258, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B27-2.001 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline, the Department shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the severity and repetition of the violations as set forth below. The final order shall explain any mitigating or aggravating circumstances used to justify any deviation from the specified guidelines. 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. Any and all offenses listed are sufficient grounds for initial refusal of registration to an applicant.

In addition to the penalty imposed, the Department shall recover the costs of the investigation and prosecution of the case. In addition to any other penalty imposed, if the violation includes proof of intentional fraud or fraudulent misrepresentation, the Department shall impose a penalty of $10,000 per count or offense.

(a) through (t) No change.

(u) Being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud (Section 456.072(1)(ll), F.S.) First offense misdemeanor with no intentional fraud – from a minimum fine of $1,000 10,000 and two years of probation to a maximum fine of $3,000 10,000 and revocation; felony – a fine of $10,000 and revocation.

(3) No change.

(4) No change.

(5) No change.

Rulemaking Authority 466.038 FS. Law Implemented 456.072, 456.079, 466.028, 466.037 FS. History–New 3-28-05, Amended 10-28-10, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sue Foster

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 11, 2015