64B3-12.001: Disciplinary Guidelines
PURPOSE AND EFFECT: To correct/update several of this Rule’s internal statutory references.
SUMMARY: The proposed rule corrects/updates several of this Rule’s internal statutory references.
SUMMARY OF STATEMENT 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: 456.079, 483.805(4) FS.
LAW IMPLEMENTED: 456.072, 456.079, 483.825 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257
THE FULL TEXT OF THE PROPOSED RULE IS:
64B3-12.001 Disciplinary Guidelines.
(1) through (2) No change.
(a) Section 483.825(1)(a) or 456.072(1)(2)(h), F.S.: Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery – from a minimum fine of $500 and/or up to two years of probation to a maximum of revocation. After the first offense, from a minimum fine of $5,000 up to a maximum fine of $10,000 and/or revocation.
1. through (b) No change.
(c) Section 483.825(1)(c) or 456.072(1)(aa), F.S.: Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting – from a minimum fine of $300 and/or two years probation to a maximum fine of $5,000 and/or six months suspension. For a second offense, from a minimum fine of $750 and one year of probation to a maximum fine of $10,000 and/or revocation. After the second offense, a fine of $10,000 and or revocation.
(d) through (f) No change.
(g) Section 483.825(1)(g), 483.825(1)(w), 456.072(1)(b) or 456.072(1)(dd)(cc), F.S.
1. through (j) No change.
(k) Section 483.825(1)(k) or, 456.072(1)(w), or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against one’s license as clinical laboratory personnel in another state, territory or country – from a minimum fine of $750 and/or a letter of concern up to a maximum fine of $5,000 and/or three months suspension followed by probation. After the first offense, from a minimum fine of $3,000 up to a maximum fine of $10,000 and/or revocation.
(l) Section 483.825(1)(l), or 456.072(1)(aa), 456.072(1)(z), 456.072(1)(y) or F.S.: Being unable to perform or report clinical laboratory examination with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition or testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug use of drugs – from a minimum referral for a PRN evaluation up to revocation for non-compliance. After the first offense, from a minimum referral for a PRN evaluation up to maximum of revocation and/or a $3,000 fine.
(m) through (v) No change.
(w) Section 483.825(1)(v)(u) or 456.072(1)(v)(u) F.S.: Engaging or attempting to engage in sexual misconduct – from a minimum reprimand and/or referral for PRN evaluation up to a maximum fine of $10,000 and/or revocation. After the first offense, from a minimum year of probation and fine of $1,500 to a maximum fine of $10,000 and/or revocation.
(x) No change.
(y) Section 456.072(1)(hh)(gg), F.S.: Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, as described in Section 456.076, F.S., for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol treatment program – from a minimum fine of $500 to $1000 and suspension until compliant up to revocation.
(3) through (4) No change.
(5) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Department to send a letter of guidance pursuant to Section 456.073(4)(3), F.S., in any case for which it finds such action appropriate.
(6) No change.
Specific Authority 456.079, 483.805(4) FS. Law Implemented 456.072, 456.079, 483.825 FS. History–New 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, _________.