Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Orthotists and Prosthetists
RULE NO: RULE TITLE
64B14-7.003: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes to implement an amendment to Section 456.072(1), F.S., and to implement Section 456.072(4), F.S.
SUMMARY: The proposed rule amendment implements an amendment to Section 456.072(1), F.S., and implements Section 456.072(4), F.S.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.072(4), 456.079(1), 468.802 FS.
LAW IMPLEMENTED: 456.072(4), 456.079, 468.811 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Orthotists and Prosthetists, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B14-7.003 Disciplinary Guidelines

(1) No change

(2) Violations and Ranges of Penalties. In imposing discipline upon applicants and licensees, 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 within the range corresponding to the violations set forth below. The verbal identification of offenses are deive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(a) to (dd) No change

(ee) Being terminated from an impaired practitioner treatment program, for failure to comply with terms of contract or for not successfully completing any drug-treatment or alcohol-treatment program. (Section 456.072) (1) (gg), F.S.)

 

 

        MINIMUM

      MAXIMUM

FIRST OFFENSE

 

 

Suspension until the licensee is able to demonstrate his/her ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions.

 

 

 

SECOND OR SUBSEQUENT OFFENSE

 

 

Suspension until the licensee is able to demonstrate his/her ability to practice with reasonable skill and safety, up to 5 years probation with conditions, or revocation, and up to $2,000.00 fine.

 

 

(3) No Change

(4) Whenever the Board, in any proceeding, imposes a fine, costs, or orders repayment of any monies, unless a longer period of time is stated in the order imposing the obligation, the money shall be paid within 30 days of the date of the order that imposes the obligation.

 

Specific Authority 456.072(4), 456.079(1), 468.802 FS. Law Implemented 456.072(4), 456.079, 468.811 FS.

History–New 7-1-98, Amended 9-17-00,                         .


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Orthotists and Prosthetists
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Orthotists and Prosthetists
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 24, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 7, 2006