The proposed rule amendments are intended to clarify violations which are appropriate for issuance of citations.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.017: Citation Authority
PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify violations which are appropriate for issuance of citations.
SUMMARY: The proposed rule amendments clarify those violations which the Board deems as appropriate for issuance of citations.
SUMMARY 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, 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. (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 biennia to ensure compliance with renewal requirements; prior to renewing the license for the next biennium , Respondent must document compliance with the CME requirements for the relevant period; AND
1. through 5. No change.
(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.
(c) (b) No change.
(d) (c) No change.
(e) (d) No change.
(f) (e) Failure to provide medical records of only one patient or excessively charging copying fees for patient records (Rule 64B8-10.003, F.A.C.) (Sections 458.331(1)(g), 456.057, F.S.) (Section 4	$500 fine and reimbursement of fees charged.  In addition, the physician must provide the medical records to the patient within 10 days.
(g) (f) No change.
(h) (g) No change.
(i) (h) Failure to update physician profile as required in Sections 456.039(3) and 458.319(1), F.S.	$1,000 fine; and 3 hours CME in ethics; and requirement that physician update the profile within 30 days.
Subsections (i) through (p) renumbered as subsections (j) 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,                              .

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: April 8, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006