RULE NO.: RULE TITLE:
64B8-31.010: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the disciplinary guidelines for anesthesia assistants by deleting language which is no longer applicable.
SUMMARY: The proposed rule amendments clarify continuing medical education (CME) disciplinary guidelines for anesthesia assistants by deleting language which is no longer applicable.
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, based upon the expertise and experience of its members, 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: 456.079, 458.309, 458.331(4) FS.
LAW IMPLEMENTED: 456.072, 456.079, 458.331(4), 458.3475 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joy A. Tootle, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-31.010 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon anesthesiologist assistant applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. 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.

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Subsequent Offenses
(a) through (f) No change.
(g) Failure to perform legal obligation. (Section 456.072(1)(k), F.S.); (Section 458.331(1)(g), F.S.)	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial of licensure and an administrative fine from $1,000.00 to $5,000.00.	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial and an administrative fine from $2,500.00 to $5,000.00.
1. Continuing medical education (CME) violations. (Section 456.013(7), F.S.); (Section 456.033, F.S.); (Section 456.072(1)(e), F.S.); (Section 456.072(1)(s), F.S.)	1. Document compliance with the CME requirements for the relevant period; AND:	1. Document compliance with the CME requirements for the relevant period; AND:
a. Failure to document required HIV/ AIDS~~, or end of life care, or palliative health care~~.	a. An administrative fine ranging from $250.00 to $500.00.	a. An administrative fine ranging from $500.00 to $1,000.00.
b. Failure to document required domestic violence CME ~~or substitute end-of-life care CME~~, or CME on the prevention of medical errors.	b. An administrative fine ranging from $250.00 to $500.00.	b. An administrative fine of $500.00 to $1,000.00.
(h) through (tt) No change.

(3) through (4) No change.

Rulemaking Authority 456.079, 458.309, 458.331(4) FS. Law Implemented 456.072, 456.079, 458.331(4), 458.3475 FS. History– New 11-13-05, Amended 1-5-12,_________.