The proposed rule amendment is intended 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 proposed rule amendment is intended to address the appropriate penalty for failure to document CME violations.
SUMMARY: The proposed rule amendment clarifies the appropriate penalty for failure to document CME violations.
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, 458.309 FS.
LAW IMPLEMENTED: 456.072(2)(d), 456.077 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: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE 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.	Within twelve months of the
(Sections 458.321, 458.331(1)(g), (x),	date the citation is
456.072(1)(e), (s), F.S.)	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 biennia to ensure compliance
	with renewal requirements; AND
(b) Failure to comply with a	$ 500 fine and compliance with
CME audit.	the CME audit within 10 days.
(Sections 456.072(1)(e), (s), F.S.)
1. Failure to document required	$ 250 fine
HIV/AIDS and related
infections of TB CME.
2. Failure to document required	$ 250 fine
domestic violence CME.
3. Failure to document required	$ 250 fine
medical errors CME.
4. Failure to document required	$ 500 fine
HIV/AIDS and related infections
of TB and failure to document
domestic violence and medical
errors CME.
5. Documentation of some, but not	$ 50 fine for each hour
all, 40 hours of required	not documented
CME for license renewal.

 

       (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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 06, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 26, 2007