The Board proposes the development of a rule amendment to address the appropriate penalty for failure to document CME violations.

 

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.017: Citation Authority
PURPOSE AND EFFECT: The Board proposes the development of a rule amendment to address the appropriate penalty for failure to document CME violations.
SUBJECT AREA TO BE ADDRESSED: CME citation violations.
SPECIFIC AUTHORITY: 456.077, 458.309 FS.
LAW IMPLEMENTED: 456.072(2)(d), 456.077 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

64B8-8.017 Citation Authority.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) through (2) No change.

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

 

VIOLATIONS	PENALTY
(a) CME violations. (Sections 458.321, 458.331(1)(g), (x), 456.072(1)(e), (s), F.S.)	Within twelve months of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued. Respondent’s continuing education courses will be audited for the next two biennial to ensure compliance with renewal requirements; AND
(b) Failure to comply with a CME audit. (Sections 456.072(1)(e), (s), F.S.)	$500 fine and compliance with the CME audit within 10 days.
1. Failure to document required HIV/AIDS and related infections of TB CME.	$250 fine
2. Failure to document required domestic violence CME.	$250 fine
3. Failure to document required medical errors CME.	$250 fine
4. Failure to document required HIV/AIDS and related infections of TB and failure to document domestic violence and medical errors CME.	$500 fine
5. Documentation of some, but not all, 40 hours of required CME for license renewal.	$50 fine for each hour not documented

 

(c) through (q) No change.

(4) through (5) No change.

Specific Authority 456.077, 458.309 FS. Law Implemented 456.072(2)(d), 456.077 FS. History–New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06,_________.