64B32-5.007: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to modify language to clarify citations and penalties.
SUMMARY: The rule amendment will modify language to clarify citations and penalties.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
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 FS.
LAW IMPLEMENTED: 456.072(3), 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: Allen Hall, Executive Director, Board of Respiratory Care Specialists/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255
THE FULL TEXT OF THE PROPOSED RULE IS:
64B32-5.007 Citations.
(1) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the penalty to be imposed. All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 90 60 days, and impose whatever obligations will remedy the offense, except documentation of completion of continuing education requirements shall be as specified in paragraph (2)(a). If the violation is not corrected, or is disputed, the Department shall follow the procedure set forth in Section 456.073, F.S. In addition to any administrative fine imposed, the Respondent shall be required by the Department to pay the costs of investigation. The form to be used is specified in the rules of the Department of Health.
(2) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:
(a) Violations of continuing education requirements required by Section 468.361, F.S. are to be completed within 90 days six months of the date citation is issued., Llicensee must submit certified documentation of completion of all the CE requirements for the period for which the citation was issued; prior to renewing the license for the next biennium, licensee must document compliance with the CE requirements for the relevant period.
1. Failure to document HIV/AIDS continuing education requirement the fine shall be $100 fine.
2. Documentation of some but not all of the 24 hours of continuing education required for license renewal the fine shall be $50 fine for each hour not documented.
(b) Violation of any portion of Rule 64B32-5.003, F.A.C., for unprofessional conduct: the fine shall be $300 fine.
(c) Failure to notify the Board of current address as required by Rule 64B32-1.006, F.A.C.: the fine shall be $50 fine.
(d) 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.: the fine shall be $100 fine.
(e) Circulating misleading advertising in violation of Section 468.365(1)(e), F.S.: the fine shall be $500 fine.
(f) 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.: the fine shall be $1,000 fine.
(g) Failure to submit compliance documentation after receipt of the continuing education audit notification under Section 468.365(1)(x), F.S.: the fine shall be $150 fine.
(h) Failure to provide satisfaction including the costs incurred following receipt of the Departments notification of a check dishonored for insufficient funds under Section 468.365(1)(l), F.S.: the fine shall be $150 fine.
(i) Failure to pay required fees and/or fines in a timely manner under Section 468.365(1)(i), F.S.: the fine shall be $150 fine.
(3) Citations shall be issued to licensee by the Bureau of Investigative Services only after review by the legal staff of the Department of Health, Division of Regulation. Such review may be by telephone, in writing, or by facsimile machine.
(4) No change.
(5) The licensee has 90 30 days from the date the citation becomes a final order to pay any fine imposed and costs. All fines and costs are to be made payable to the Department of Health, and sent to the Department in Tallahassee. A copy of the citation shall accompany the payment of the fine and costs.
(6) No change.
Rulemaking Specific Authority 456.077 FS. Law Implemented 456.072(3), 456.077 FS. HistoryNew 5-19-96, Formerly 59R-74.006, 64B8-74.006, Amended 1-6-02, 5-31-04, 2-23-06, ________.
