The Board proposes to amend the rules to add language to the disciplinary guidelines regarding terminations of PRN contracts, and practicing with a delinquent, retired, or inactive status license, while deleting citation language regarding ...

 

DEPARTMENT OF HEALTH

Board of Respiratory Care

RULE NOS.: RULE TITLES:

64B32-5.001 Disciplinary Guidelines

64B32-5.007 Citations

PURPOSE AND EFFECT: The Board proposes to amend the rules to add language to the disciplinary guidelines regarding terminations of PRN contracts, and practicing with a delinquent, retired, or inactive status license, while deleting citation language regarding practicing with a delinquent, retired, or inactive status license under Section 468.365(1)(x), F.S.

SUMMARY: The proposed rules will amend and delete language in order to comply with Chapter 456, F.S.

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: 456.077, 456.079, 468.365(4) FS.

LAW IMPLEMENTED: 456.072, 456.072(3), 456.077, 468.365 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Susie Love, Executive Director, Board of Respiratory Care, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

64B32-5.001 Disciplinary Guidelines.

(1) through (3)(cc) No change.

(dd) Termination of PRN Contract – Reprimand to revocation, plus an administrative fine from $250 to $2,000.

(ee) Practicing with a delinquent, retired, or inactive status license – Reprimand to revocation, plus an administrative fine from $2,000 to $10,000. If fraud is shown, $10,000 fine per count.

(4) through (6) No change.

Specific Authority 456.079, 468.365(4) FS. Law Implemented 456.072, 468.365 FS. History–New 4-29-85, Formerly 21M-37.01, 21M-37.001, Amended 1-3-94, Formerly 61F6-37.001, 59R-74.001, 64B8-74.001, Amended 5-5-02, 12-5-04, 5-15-05,________.

 

64B32-5.007 Citations.

(1) No change.

(2) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

(a) through (b) No change.

(c) Practicing on a delinquent license under Section 468.365(1)(x), F.S.: $200.

(c)(d) Failure to notify the Board of current address as required by Rule 64B32-1.006, F.A.C.: $50 fine.

(d)(e) Failure to keep written respiratory care records justifying the reason for the action taken on only one patient under Section 468.365(1)(t), F.S.: $100 fine.

(e)(f) Circulating misleading advertising in violation of Section 468.365(1)(e), F.S.: $500 fine.

(f)(g) Exercising influence on a patient to exploit the patient for financial gain by promoting or selling services, goods, appliances or drugs under Section 468.365(1)(u), F.S.: $1,000 fine.

(g)(h) Failure to submit compliance documentation after receipt of the continuing education audit notification under Section 468.365(1)(x), F.S.: $150 fine.

(h)(i) Failure to provide satisfaction including the costs incurred following receipt of the Department’s notification of a check dishonored for insufficient funds under Section 468.365(1)(l), F.S.: $150 fine.

(i)(j) Failure to pay required fees and/or fines in a timely manner under Section 468.365(1)(i), F.S.: $150 fine.

(3) through (6) No change.

Specific Authority 456.077 FS. Law Implemented 456.072(3), 456.077 FS. History–New 5-19-96, Formerly 59R-74.006, 64B8-74.006, Amended 1-6-02, 5-31-04,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Respiratory Care

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Respiratory Care

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005