RULE NO.:RULE TITLE:
64B8-55.001Disciplinary 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. 48 No. 86, May 3, 2022 issue of the Florida Administrative Register.
The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B8-55.001, F.A.C. Additionally, the Board made changes to the proposed rule language set forth in the proposed rule. The changes are as follows:
THE TEXT OF THE PROPOSED RULE WILL NOW READ:
64B8-55.001 Disciplinary Guidelines.
(1) No Change.
(2) Violations and Range of Penalties. In imposing discipline upon applicants, licensees, and telehealth registrants in proceedings pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as provided in Section 456.072(2), F.S., within the range corresponding to the violations set forth below. The identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
RECOMMENDED RANGE OF PENALTY
VIOLATION
APPLICANTS AND LICENSEES
TELEHEALTH REGISTRANTS
FIRST OFFENSE
ADDITIONAL OFFENSE
FIRST OFFENSE
ADDITIONAL OFFENSE
(a) through (x) No Change.
No Change.
No Change.
No Change.
No Change.
(y) Making deceptive, untrue, or fraudulent representations in or related to the practice of electrolysis, or employing a trick or scheme in or related the practice of electrolysis (Section 456.072(1)(m), F.S.)
If fraud found
No Change.
Restitution and from suspension and $2,000 fine to revocation and $5,000$10,000 fine.
No Change.
No Change.
No Change.
No Change.
No Change.
No Change.
(z) Exercising influence in the patient or client for the purpose of financial gain or the licensee or a third party. (Section 456.072(1)(n), F.S.)
No Change.
Restitution and from suspension and $2,000 fine to revocation and $5,000$10,000 fine.
(aa) through (ff) No Change.
No Change.
No Change.
No Change.
No Change.
(gg) Performing or attempting to perform electrolysis on the wrong patient, a wrong-site procedure, a wrong procedure, an unauthorized procedure, or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition. (Section 456.072(1)(bb), F.S.)
No Change.
Suspension and $2,000 fine to revocation and $5,000$10,000 fine
No Change.
No Change.
(hh) through (ll) No Change.
No Change.
No Change.
No Change.
No Change.
(3) through (5) No Change.
Rulemaking Authority 456.072, 456.079, 456.47(7), 478.52(4) FS. Law Implemented 456.072, 456.073, 456.079, 456.47(4), 478.52(4) FS. History–New 11-16-93, Formerly 61F6-80.001, Amended 1-2-95, Formerly 59R-55.001, Amended 2-9-98, 10-12-98, 3-1-00, 9-28-00, 5-30-01, 8-8-01, 10-8-02, 7-8-03, 7-18-06, 2-22-17, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Medicine Electrolysis Council, 4052 Bald Cypress Way, Bin # A04, Tallahassee, Florida 32399-3253.
