64B6-7.002: Guidelines for Disposition of Disciplinary Cases
PURPOSE AND EFFECT: The Board proposes the rule amendment to update the guidelines to accommodate new disciplinary violations contained in Section 456.072, F.S.
SUMMARY: The guidelines will be updated to accommodate new disciplinary violations contained in Section 456.072, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rules will not have an impact on small business.
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 FS.
LAW IMPLEMENTED: 456.079 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: Sue Foster, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
64B6-7.002 Guidelines for Disposition of Disciplinary Cases.
(1) No change.
(2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For licensees or trainees, the imposition of probation as a penalty shall ordinarily require compliance with conditions such as restitution, continuing education and/or training, indirect or direct supervision by a Board-approved monitor, restrictions on practice, submission of reports, appearances before the Board, and/or hours of community service. As appropriate, such conditions of probation also shall be required following any period of suspension. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In imposing discipline pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by Section 456.072(2), F.S., within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:
(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.
(3) through (6) No change.
Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 2-11-87, Amended 2-16-89, Formerly 21JJ-7.005, Amended 8-18-93, 9-22-94, Formerly 61G9-7.005, Amended 11-11-02,_________.