64B17-7.001: Disciplinary Guidelines
PURPOSE AND EFFECT: To update the guidelines to accommodate new violations created in Section 456.072, F.S.
SUMMARY: The amendment adds a penalty range for new disciplinary grounds.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: (a) It is unknown how many licensees or applicants may be affected by the new law. (b) The cost of rulemaking, costs associated with enforcing the proposed changes, cost of compliance monitoring, and potential costs of defending legal challenges. (c) Violators will experience the cost of associated penalties. (d) Small business owners/licensees who violate the new sections will be unable to continue practicing if their licenses are revoked. Applicants found in violation of these new sections will have their applications denied, thus losing the opportunity to acquire income. (e) through (f) N/A.
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: 456.036, 456.072, 456.079, 486.025 FS.
LAW IMPLEMENTED: 456.072, 456.073, 456.079, 486.125 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: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, FL 32399-3255
THE FULL TEXT OF THE PROPOSED RULE IS:
64B17-7.001 Disciplinary Guidelines.
(1) (a) through (cc) No change.
(dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program from a minumum of a reprimand, six months probation and a fine of $5,000 to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation;
(ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program from a minimum of a reprimand, a fine of $1000 and/or suspension until the Medicaid program is reimbursed in full to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation;
(ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., if not terminated for cause, from a minimum of a reprimand, a fine of $1000 and/or six months probation to revocation and a $10,000 fine. If terminated for cause or if it is the second offense, a $10,000 fine and revocation.
(gg) Section 456.072(1)(ll), F.S., Being convicted of, or entering a plea of guilty or nolo contendere to a crime related to health care fraud. If the crime is a felony under chapter 409, chapter 817, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 the penalty shall be a minimum fine of $1000 and revocation. Otherwise the penalty range is from a from a minumum of a reprimand, six months probation and a fine of $5,000 to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation.
(2) No change.
Rulemaking Specific Authority 456.036, 456.072, 456.079, 486.025 FS. Law Implemented 456.072, 456.073, 456.079, 486.125 FS. History–New 2-10-87, Formerly 21M-9.023, Amended 8-2-90, 10-14-91, 12-6-92, 3-24-93, Formerly 21MM-7.002, 61F11-7.002, 59Y-7.002, Amended 1-8-98, 8-3-00, 1-2-03, 4-9-06, 2-5-07, 4-5-07, 6-27-07,__________.