64B17-7.002: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to make deadlines in citations consistent.
SUMMARY: Deadlines in citations will be clarified.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Allen Hall, Executive Director, at the address listed below. The following is a summary of the SERC:
(1) There are approximately 11,182 Physical Therapists and 4,925 Physical Therapist Assistants with active licenses who would be subject to a continuing education audit. Only the licensees who fail to comply with the audit will be subject to these new provisions. (2) The only costs to be incurred are rule making costs. No effect on state or local revenue is expected. (3) No transactional costs are expected to be incurred by applicants or other entities by the proposed modifications. (4) The proposed change is not expected to impact small business, small counties or small cities.
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: 456.077, 486.025 FS.
LAW IMPLEMENTED: 456.077 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, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:
64B17-7.002 Citations.
(1) “Citation” means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule. All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 60 days, and impose whatever obligations will remedy the offense., except that up to six months shall be permitted with regard to the completion of continuing education credit hours. If the violation is not corrected, or is disputed, the Department shall follow the procedure set forth in Section 456.073, F.S.
(2) No change.
(3) The Board designates the following as citation violations:
(a) through (d) No change.
(e) Failure of the licensee to satisfy continuing education requirements established by the Board (Rule 64B17-9.001, F.A.C.):
1. Fines:
a. Failure to complete less than 9 hours, a fine of $300.
b. Failure to complete between 9 and 16 hours, a fine of $600.
c. Failure to complete between 17 and 24 hours, a fine of $1,000.
2. Licensee must provide proof of completion of the deficient hours within 60 90 days of the date the citation was filed.
(f) No change.
(g) Failure to comply with a continuing education audit request (Section 486.109(4) and 486.125(1)(k), F.S.) – A fine of $250, and licensee must provide proof of compliance with continuing education requirements within 60 30 days of the date the citation was filed.
(h) No change.
(4) through (5) No change.
Rulemaking Specific Authority 456.077, 486.025 FS. Law Implemented 456.077 FS. History–New 1-19-92, Formerly 21MM-7.003, Amended 10-28-93, Formerly 61F11-7.003, 59Y-7.003, Amended 1-6-99, 1-6-02, 4-18-04, 7-13-05, 11-16-08, _________.