Will Of Will - Floridasorthotistsprosthetists.gov

Transcription

The Florida Board of Orthotists and Prosthetists will hold a meeting on Friday, October 7, 2016,commencing at 9:00 a.m., or shortly thereafter. This meeting will be held at the Department of Health,4042 Bald Cypress Way, Tallahassee, Florida 32399—3257, at meet me number (888) 670—3525, participantcode 7342425515, to which all persons are invited to attend‘ Participants in this public meeting should beaware that these proceedings are being recorded and that an audio file of the meeting will be posted to theboard’s website.AGENDA1.CALL TO ORDER (Roll Call):Tommy Chmielewski, LPO, ChairBrett Saunders, CPO, FAAOPRuphlal R. Gooljar, CPO, MAWayne Rosen, CPO, CPED, FAAOPII.APPROVAL OF MINUTES:3.III.July 13, 2016RATIFICATION:a.Licensure 7i.Orthotists/Prosthetistsii. Prosthetistsiii. Orthotistsiv.v.Orthotic FitterOrthotic Fitter Assistantvi‘ Pedorthistsvii. Orthotic Residentviii. Prosthetic ResidentIV.V.PROSECUTION REPORT:CONTINUING EDUCATION3.VI.CHAlR/VICE-CHAIR REPORT:21.VII.VIII.William MullinsFuture Agenda ItemsEXECUTIVE DIRECTOR’S REPORT:BOARD COUNSEL REPORT:3.b.0.of Orthotists and ProsthetistsBoard of Orthotist and Prosthetists Rules Report 2016October 2016 Rules Report2016—2017 ARP Board

IX.OLD BUSINESS:X.NEW BUSINESS:XI.COMMITTEE REPORTS:Budget 7wag?”*qXII.Continuing Education 7 Tommy ChmielewskiCredentials 7 Brett SaundersDisciplinary Compliance 7 Tommy ChmielewskiHealthiest Weight 7 Ruphlal GooljarLegislation 7 Wayne RosenRules 7 Brett SaundersProbable Cause 7Unlicensed Activity Ruphlal Gooljar—PROPOSED 2017 MEETING DATESJanuary 6, 2017April 14, 2017July 7, 2017October 6, 2017XIII.NEXT MEETING DATE:XIV.ADJOURNMENTJanuary 6, 2017

\OOOQOKUI-IAWN—The Florida Board of Orthotists and Prosthetists will hold a meeting on Wednesday, July, 13,2016, commencing at 9:00 a.m., or shortly thereafter. This meeting will be held at the DoubleTree Orlando Airport, 5555 Hazeltine National Drive, Orlando, FL 32812 407 856-0100 to whichall persons are invited to attend. Parlicipants in this public meeu'ng should be aware that theseproceedings are being recorded and that an audio file of the meeting will be posted to the board’swebsite.AGENDAMeeting began at 9:10 amI. CALL TO ORDER (Roll Call):Gail Curry called the roll.All Board Members are present.Board Members:Tommy Chmielewski, LPO, ChairBrett Saunders, CPO, FAAOPRuphlal R. Gooljar, CPO, MAGeorge H. Meyer, Jr.Wayne Rosen, LPED, LPOBoard Staff:Anthony B. Spivey, DBA, Executive DuectoxGail Curry, Program Operations AdmlmstratorSiby Koshy, Bureauof OperationsBoard Counsel:Tom Bamhart, Assmtant Attorney GeneralOffice of Attorney GeneralAudio/Visual:Vanguard Audlo VlsualCourt Reporter:American Court ReportingSection I ended at 9:11 am.Section H started at 9:11 am.H. APPROVAL OF MINUTES:Brett Saunders had a question about item number 3, Residency Extension question. Thisunder Future items.3.will beApril 22, 2016 — Teleconference CallAction taken: Motion to approve the minutms was made by Mr. Chmielewski, Seconded by Mr.Saunders.5 yeasVote:/ 0 opposed; motion carried

Section II ended at 9:13 am.Section III started at 9:13 mm.UNLICENSED ACTIVITY PRESENTATION Sidronio “Chilo” CasasMr. Casas gave a presentation on unlicensed activity and the way it works and what itaccomplishes for the safety of the citizens of Florida. Mr. Casas answered questions from the—111.Board Members.Dr. Spivey asked if some filed an “anonymous” complaint how they would get the updates.They would have to create a ficfifious email to get the NNNp—H—n—u—n—n—p—n—u—ISome discussion about braces that are purchased by mail/emall Unlicensed Activity unit willinvestigate anyone dispensing without a license. If it is out of state then they would work with theFederal government.Section III ended at 9:34 a.m.Section IV started at 9:34 am.IV. ALTHEA POWELL-CHANDLER:a. Discussionof Arizona BraceMs. Powell-Chandler gave a presentation regarding the Pedorthism not being able to make theArizona Brace. She explained that the brace was Invented by a Pedorthist and the Pedorthists isn’tallowed to use it.Discussion: Mr. Chmclewski explained what the brace was used for. Mr. Saunders explainedthat the Board cannot change the statute, 468.8011. The brace has evolved over the years anddoesn’t seem to be in the Scope of Practice for a Pedorthist any longer.I). Pedorthist Board MemberMs Powell-Chandler would like to see a pedorthist represented on the Board. Feels like Mr.Rosen being on the board is a confllct of interest because he holds 2 licenses.Discussion: Mr. Saunders referred to Statue 468.8011 and the Scope of Practice.Mr. Saunders explained that membership on the Board is a gubernatorial appointment, chosen bystatute. She could request to be appointed to the Board by the Governor. Statues are not easilychanged.Section IV ended at 9:50 am.Section V started at 9:50 a.m.V. RATIFICATION:a. Licensure—i. Orthotists/Prosthetists316 — 321Action taken: Motion to approve the Ratification List for Measure of Orhtotists/Prosthetists

was made by Mr. Chmielewski, Seconded by Mr. Saunders.Vote: 5 yeas / 0 opposed; motion carriedii. Prosthetists171Action taken: Motion to approve the Ratification List for Licensure of Prosthetists was made byMr. Chmielewski, Seconded by Mr. Saunders.Vote: 5 yeas / 0 opposed; motion carried\DOOQOKUI-bWNHOKDOONONUI-hwlgfliii. t—‘H276—277Action taken: Motion to approve the Orthotlsts was made by Mr. Chmlelewsld, Seconded byMI. Saunders.Vote:5 yeas/ 0 opposed; motion carriediv. Orthotic Fittertt—‘ONNNNN260Action taken: Motion to approve the Orthotic Fitter was made by Mr. Chmielewski, Secondedby Mr. Saunders.Vote: 5 yeas / 0 opposed; motion carriedv. Orthofic Fitter AssistantWWWWWNNNNIQ#WNv—‘OWOOQQU-NONEvi. PedorthistsWU)2340‘01Action taken: Motion to approve the Pedorthists was made by Mr. Chmielewski, Seconded byMr. Saunders.Vote:5 yeas/ 0 opposed; motion carriedvii. Orthotic Resident125Action taken: Motion to approve the Orthotic Resident was made by Mr. Chmielewski,Seconded by Mr. Saunders.Vote: 5 yeas / 0 opposed; motion carried

viii. Prosthetic Resident53, 98, 99, 100, 101\OOOQO‘UI-bWN-w—Action taken: Motion to approve the Prosthetic Resident was made by Mr. Chmielewski,Seconded by Mr. Saunders.Vote: 5 yeas / 0 opposed; motion carriedSection V ended at 9:55 am.Section VI started at 9:55 am.VI. PROSECUTION REPORT:Not represented todaySectionSectionas there are no casesthat are older than1year.VI ended at 9:57 am.VII started at 9:57 a.m.VII. CONTINUING EDUCATION:Approved by CE Committee: Florida Assoc1ation of Orthotists & ProthetistsThis was for information only.Section VII ended at 9:57 am.Section VIII started at 9:57 a.m.VIII. CHAIR/VICE—CHAIR REPORT:a.Future Agenda ItemsNothmg to report.SectionVIII ended at 10:09 a.m.BREAKSectionIX started at 10:14a.m.IX. EXECUTIVE DIRECTOR’S REPORT: Given by Dr. Anthony SpiveyOn Sept. 27'11 will be the annual Healthy Weight meeting Mr. Gooljar will be attending. On Sept.28th there will be the Chair/Vice Chair meeting. Saunders will be attending.We have had a shortage of board staff. Out of an office of 12 we have been down 5 people. Wehave been slammed. We have recently hired 3 Regulatory Supervisor and an AdministrativeAssistant. Gail was recently hired.Section IX ended at 10:17 am.Section X started at 10:17 am.X. BOARD COUNSEL REPORT:

Was given by Tom Bamhart.JAPC Letter — Rule 64B 14-2.00 15b. JAPC Letter — Rule 64B14-2.002These 2 rules are already in effect.a.\OOOQQ‘JI-BUJNHc. JAPC Letter - Rule 64B14-7.003Tabled until the Oct. meetingd. Rule 64B14-7.003 Noticeof Proposed RuleAny discussion or changes that you would like to make at thls time?6. RulesReportSection X ended at 10:56 am.Section XI started at 10:56 am.XI. OLD BUSINESS:Nothing to discuss.SectionSectionIX ended at 10:56 am.XII started at 10:56 a.m.XII. NEW BUSINESS:We have a few carry overs that have already need noticed.Section XII ended at 10:56 am.Section XIII started at 10:57 am.XIII. COMJVHTTEE REPORTS:a.Budget — George MeyerNothing to reportb. Continuing Education — Tommy ChmielewskiFALP was already presented to you today.Brett SaundersNothing to report.c. Credentials—Tommy ChmielewskiConsulted with Towanda Burnett and there is 1 case he reviewed and will verminated in Aug.10 cases they are monitoring and 3 of those 10 are probalion and 1 is working in our profession.d. Disciplinary Compliance—

e.Healthiest Weight — Ruphlal GooljarMr. Gooljar has been working with Nick Van Der Linden from DOH and they are very close tohaving a Healthy Weight course for Orthotists and Prothetists. This course should be approvedby September this year.OOQONUI-hWNHf. Legislation — Wayne RosenNothing to report. Tony will check for the contact person at DOH for Mr. Rosen. Also, will geta New Board Member training set up for Mr. Rosen.Brett SaundersNothing to report.g. Rules——h. Probable Cause George MeyerHad 2 cases presented. Zero recommendations for contmuing w1th the cases.——i. Unlicensed Activity — Ruphlal GooljarAs of July 7 there have been no Cease and Desists orders. Mr. Casas will be presenting to theFAOP on Friday.Section XIII ended at 11:12 a.m.Section IV started at 11:12 am.Any other business to be discussed?Anyone represented here that would like to speak to the Board?Ron LaFasce representing the FAOP‘ Gave an update relating to renewal and license fees.IV. PROPOSED 2017 MEETING DATESJanuary 6, 2017 - TCC14, 2017 - TCCJuly 7, 2017 TCC ConflictOctober 20, 2017 — TCCApnl—Coordinate the July meeting w1th FAOP. July 7Lh is a conflict.Post a tweet about the dates.Section IV ended at 11:15 a.m.Section XV started at 11:15 31,111.XV. NEXT MEETING DATE:i. October 7, 2016 — Telephone Conference CallSection XV ended at 11:15 am.XVI. ADJOURNMENT

Action taken: Motion to approve the minutes was made by Mr. Chmielewski, Seconded by Mr.Saunders.5 yeasVote:/ 0 opposed; motion carried\IQMAWNHMeeting adjourned at 11:15 a.m.

Florida Board of Orthotists and Prosthetists3101- Orthotist/Prosthetist Ratification ListRankLic Nbr Issue DateLicensee NamePOR31805/05/2016Vanasse, Marie ElizabethPOR31905/12/2016Hester, Zachary EvanPOR32006/22/2016Gatlin, Stephen RaymondPOR32106/29/2016Devine, John William JrTotal: 4

Florida Board of Orthotists and Prosthetists3102- Prosthetist Ratification ListRankLic Nbr Issue DatePRO17105/03/2016Mellina, Danielle BrittanyPRO17205/06/2016Hester, Zachary EvanTotal : 2Licensee Name

Florida Board of Orthotists and Prosthetists3103- Orthotist Ratification ListRankLic Nbr Issue DateORT27604/08/2016Kur, Alan RaymondORT27704/27/2016Smith, Wrus BenjaminTotal: 2Licensee Name

Florida Board of Orthotists and Prosthetists3104- Orthotic Fitter Ratification ListRankLic Nbr Issue DateLicensee NameORF260Irby, Clinton MichaelTotal: 106/22/2016

Florida Board of Orthotists and Prosthetists3106- Pedorthist Ratification ListRankLic Nbr Issue DateLicensee NamePED234Williams,JeffreyCarterTotal:104/27/2016

Florida Board of Orthotists and Prosthetists3109- Prosthetic Resident Ratification ListRankLic Nbr Issue DateORTR125Total:103/21/2016Licensee NameJohnson, Kevin Starling

Florida Board of Orthotists and Prosthetists3110- Prosthetic Resident Ratification ListRankLic Nbr Issue DatePROR5302/22/2016Martin, Bradley MichaelPROR9804/25/2016Dornfeld, Chelsea RosePROR9906/02/2016Mostella, D'Andre ShondalePROR10006/23/2016Funderburk, Ryan DavidPROR10106/23/2016Schlosser, Meagan LynTotal: 5Licensee Name

Florida Board of Orthotists and Prosthetists3103- Orthotist Ratification ListRankLic Nbr Issue DateORT27604/08/2016Kur, Alan RaymondORT27704/27/2016Smith, Cyrus BenjaminTotal: 2Licensee Name

Florida Board of Orthotists and Prosthetists3104- Orthotic Fitter Ratification ListRankLic Nbr Issue DateLicensee NameORF260lrby, Clinton MichaelTotal: 106/22/2016

Florida Board of Orthtists and Prosthetists3105 — Orthotic Fitter Assistant Ratification ListRankLic NbrIssue DateLicensee Name

Florida Board of Orthotists and Prosthetists3106- Pedorthist Ratification ListRankLic Nbr Issue DateLicensee NamePED234Williams,JeffreyCarterTotal:104/27/2016

Florida Board of Orthotists and Prosthetists3109- Prosthetic Resident Ratification ListRankLic Nbr Issue DateORTR125Total: 103/21/2016Licensee NameJohnson, Kevin Starling

Florida Board of Orthotists and Prosthetists3110- Prosthetic Resident Ratification ListRankLic Nbr Issue DatePROR5302/22/2016Martin, Bradley MichaelPROR9804/25/2016Dornfeld, Chelsea RosePROR9906/02/2016Mostella, D'Andre ShondalePROR10006/ 23/2016Funderburk, Ryan DavidPROR10106/ 23/2016Schlosser, Meagan LynTotal: 5Licensee Name

DOH/PROSECUTOR’S REPORTBOARD OF ORTHOTISTS AND PROSTHETISTS MEETINGMeeting Date October 7. 2016TO:Dr. Anthony Spivey, DBA, Executive DirectorFROM:Christopher Dierlam, Assistant General CounselDATE:September 26, 2016RE:Current Open/Pending Orthotist & Prosthestist CasesCase Inventory:Total Cases open/active in PSU:Cases in Emergency Action Unit:Cases under legal review:Cases with probable cause recommendation:Total Cases where PC has been found:Cases in holding status:Cases pending before DOAH:Cases in intake status:Cases agendaed for Board:Cases on Appeal:Total Number of Cases Older Than One Year:OOOOOI—‘U'IOOCDHThere are currently eight cases in the O & P inventory. Five cases have beenrecommended to PCP. One additional case is currently undergoing expertreview and another is out for a supplemental investigation. As soon as theresults of each are received, the prosecuting attorney will draft PCPrecommendations and schedule a PCP meeting. The only case that is olderthan one year is post-PCP and has an Administrative Complaint issued butthe Respondent has made substantive steps towards complying with theBoard Order at issue.Thank you.

CONFIDENTIAL AND EXEMPT MATERIALSOne or more pages have been removedfrom this document for security reasonsScroll down to see the available pages oradvance to the next document if allpages have been removed.SOME OR ALL PAGES IN THIS DOCUMENT ARE PATIENT RECORDSAND/OR DOCUMENTS THAT IDENTIFY THE PATIENT BY NAME AND AREEXEMPT FROM PUBLIC RECORDS LAWS.456.057 - Ownership and control of patient records; report or copies of records to befurnished.—10)(a)All patient records obtained by the department and any other documentsmaintained by the department which identify the patient by name are confidential and exemptfrom s. 119.07(1) and shall be used solely for the purpose of the department and the appropriateregulatory board in its investigation, prosecution, and appeal of disciplinary proceedings. Therecords shall not be available to the public as part of the record of investigation for andprosecution in disciplinary proceedings made available to the public by the department or theappropriate board.

Department of HealthBoard of Orthotists and Prosthetists2016-2017 Annual Regulatory Plan1.Laws enacted or amended during the previous 12 months which create or modify theduties or authority of the Board.Section 455.225(3)(a) F.S., requires each board, or the Department where there is noboard, to establish by rule which Violations are designated as minor Violations for whichthe department may issue a notice of noncompliance.The Board will review its Disciplinary Guidelines, Rule 64B14-7.00 and Citations,64B14-7.004; to determine whether any Violations come Within the definition of a minorViolation that would require further rulemaking.Section 456.013 (7), F.S., The boards, or the department when there is no board, shallrequire the completion of a 2-hour course relating to prevention of medical errors aspart of the biennial renewal process.Rule to be amended 64B 14-5.005Laws not otherwise listed in paragraph (1) which the Board expects to implement byrulemaking before July 1, 2017.Statutory Section ImplementedRuleReasonfor RulemakingNoneLaw identified in prior year requiring rulemaking to implement but no notice of ruledevelopment published.None

4.CertificationPursuant to Section 120.74(1)(d), Florida Statues, I hereby certify that I have reviewed thisAnnual Regulatory Plan and that the Board regularly reviews all of its rules to determine ifthe rules remain consistent with the Board’s rulemaking authority and the laws beingimplemented, with the most recent review having been completed September 23, 2016.s/ TUmmV ChmielewskiTommy Chmielewski, Chair, Board of Orthotists and ProsthetistsRobert MilneRobert Milne, Counsel, Board5/of Orthotists and Prosthetists

BOARD OF ORTHOTISTS AND PROSTHETISTSRULES REPORTAUGUST, 2016RuleNumber1“" m“64B 14-2.002Biennial Renewal Fee64B14—2.0015Application, Examination, and64B 14-3 .001Initial Licensure mentation of Eligibilityfor Licensure.Documentation of Eligibilityfor RegistrationDisciplinary GuidelinesDuh RulelanguageApproved byBoard01/29/201601/29/2016(mmm”33%;?"03/ 14/201603/30/2016Dam Sun toR03/ /201606/03/201606/23/2016NoticePawneeRN 04/20/2016Correction 05/17/2016RN 04/20/2016Correction 05/18/201608/20/2015 Board ApprovedwithdrawalWaiting for development toexpire on 4/201608/20/2015 Board Approved‘WithdrawalWaiting for development toexpireOn 4/20 16RN 10/05/2015Hearing 12/11/2015JAPC Letters10/16/2015;12/02/20 1 5JAPCResponseLetters1/09/2015;12/03/20 1 5Rule Tolled12/03/20 1 51

BOARD OF ORTHOTISTS AND PROSTHETISTSRULES REPORTOCTOBER, 201664B14-7.003Disciplinary Guidelines05/04/2015RN 03/07/2016JAPC Ltr03/18/2016Rule Tolled06/06/2016

COMMITTEE REPORTS:9*!»9.0rmrams:Budget —Continuing Education — Tommy ChmielewskiCredentials — Brett SaundersDisciplinary Compliance — Tommy ChmielewskiHealthiest Weight — Ruphlal GooljarLegislation — Wayne RosenRules — Brett SaundersProbable Cause —Unlicensed Activity - Ruphlal Gooljar

2017 Board Meeting DatesJanuary 6, 2017April 14, 2017July 7, 2017October 6, 2017

The Florida Board of Orthotists and Prosthetists will hold a meeting on Friday, October 7, 2016, commencing at 9:00 a.m., or shortly thereafter.This meeting will be held at the Department of Health, 4042 Bald Cypress Way, Tallahassee, Florida 32399—3257, at meet me number (888) 670—3525, participant code 7342425515, to which all persons are invited to attend' Participants in this public .