The Board proposes to the rule amendment to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

 

DEPARTMENT OF HEALTH

Board of Respiratory Care

RULE NO.:RULE TITLE:

64B32-5.007Citations

PURPOSE AND EFFECT: The Board proposes to the rule amendment to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

SUMMARY: The rule amendment will to delete unnecessary language and to add new language to clarify the number of minor violations which can be resolved through citation, mediation, or notice of noncompliance.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature.

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.

RULEMAKING AUTHORITY: 456.078 FS.

LAW IMPLEMENTED: 456.078 FS.

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

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B32-5.007 Citations.

(1) No change.

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

(a) No change.

1. Failure to document HIV/AIDS continuing eduatin requirement the fine shall be $100.00.

2. Documentati of some but not all of the 24 hours of continuing education for license renewal the fine shall be $50.00 for each hour not documented.

(b) Falsely certifying compliance with required continuing education requirments for the purpose of renewing a license, the fine shall be $500.00.

(c) 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 $150.00.

(d)(b) Violation of any portion of Section 468.365(a)(f), F.S. or Rule 64B32-5.003, F.A.C., for unprofessional conduct the fine shall be $300.00.

(e)(c) Failure to notify the Board of current mailing or practice address or notify the Board of a change in address as required by Rule 64B32-1.006, F.A.C. the fine shall be $50.00.

(f)(d) Failure to keep written respiratory care records justifying the reason for the action taken on only one patient under Section 468.365(1)(x), F.S., the fine shall be $150.00  $100.

(g)(e) Circulation misleading advertsiing in violation o Section 468.365(1)(e), F.S., the fine shall be $500.00.

(h) Violation of Section 456.062, F.S., advertising for discounted services, the fine shall be $250.00.

(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.

(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.

(i)(h) Fialure 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., the fine shall be $150.00.

(j) Violation of Section 456.072(1)(h), F.S., obtaining a license by issuing a bad check, the fine shall be $100.00.

(k)(i) Failure to pay required fees, and/or fines, or costs in a timely manner under Section 468.365(1)(i), F.S., the fine shall be $150.00.

(l) Failure to turn over patient records as required by Section 456.057, F.S., the fine shall be $100.00.

(m) Failure to report in writing to the Board within 30 days after criminal conviction of licensee as required by Section 456.072(1)(w), F.S., the fine shall be $250.00.

(n) Failure to display required signs, licenses, and permits as specified in Section 456.077(2), F.S., the fine shall be $100.00.

(o) Failure to report another licensee in violation of a statute or rule of the Board, as required by Sections 456.072(1)(i), F.S., the fine shall be $500.00.

(p) Making or filing a report which the licensee knows to be false, or negligently failing to file a report or record required by state or federal law, as prohibited by Sections 468.365(1)(d) and 456.072(1)(l), F.S., the fine shall be $500.00.

(3) through (5) No change.

Rulemaking Authority, 456.072(3), 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, 2-23-06, 3-28-10, 9-15-10,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Respiratory Care

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Respiratory Care

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 14, 2014