64B14-7.003: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify the disciplinary guidelines.
SUMMARY: The rule amendment will modify the disciplinary guidelines.
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: 456.072(4), 456.079(1), 468.802 FS.
LAW IMPLEMENTED: 456.072(1),(ii), (jj), (kk), (ll), 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 /MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257
THE FULL TEXT OF THE PROPOSED RULE IS:
64B14-7.003 Disciplinary Guidelines.
(1) through (2)(t) No change.
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VIOLATION |
PENALTY RANGE |
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MINIMUM |
MAXIMUM |
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(u) Practicing beyond scope permitted. (456.072(1)(o), F.S.) |
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First Offense |
6 months probation with conditions conditions including refund of fees billed and collected and $500 fine |
6 months suspension, 6 months probation with conditions or denial/revocation and $10,000 |
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Second Offense |
6 months suspension, 6 months probation with conditions and $1000 fine |
1 year suspension, 1 year probation with conditions and $ 10,000 2500 fine |
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Third Offense |
1 year suspension, 1 year probation with conditions and $2500 fine |
Revocation and $ 10,000 |
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(2)(v) through (ee) No change. (ff) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, 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-7bm relating to the Medicaid program. (456.072(1)(ii), F.S.) |
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Revocation of application for licensure, denial of license. |
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(gg) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement. |
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First Offense |
Revocation or in the case of application for licensure, denial of license. |
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(hh) Being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. |
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First Offense |
Revocation or in the case of application for licensure, denial of license. |
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(ii) Being convicted of, or enteringa plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (456.072(1)(ll), F.S). |
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Revocation or in the case of application for licensure, denial of license. |
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(3) through (4) No change.
Rulemaking Specific Authority 456.072(4), 456.079(1), 468.802 FS. Law Implemented 456.072(1), (ii), (jj), (kk), (ll), 456.072(4), 456.079, 468.811 FS. History–New 7-1-98, Amended 9-17-00, 7-5-06, __________.