64B17-7.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment 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 guidelines.
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) An estimated number of individuals or entities likely to be required to comply with the rule is as follows: for the fiscal year 2007-2008, there were 16, 107 active licensees including both physical therapists and physical therapist assistants. During that time period, 1,302 applications for licensures for both professions were received. It is estimated that over a five year period, approximately 6,510 applications could be received. (2) The number of licensees or applicants who may be subject to the penalties in the rule is unknown. (3) The agency will incur the costs of rulemaking, as well as costs associated with enforcing the proposed changes. (4) Licensees found to have violated any of the proposed sections will experience the cost of associated penalties. (5) The proposed changes will have an impact on small businesses. Licensees who offer services to the public and found in violation will be impacted.
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, Florida 32399-3253
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,_________.