64B5-13.0046: Citation Authority
PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule and clarify citation authority for violations and penalties.
SUBJECT AREA TO BE ADDRESSED: Citation authority.
SPECIFIC AUTHORITY: 456.077, 466.004(4) FS.
LAW IMPLEMENTED: 456.072(3)(a), 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: Sue Foster, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin #08, Tallahassee, Florida 32399-3253
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64B5-13.0046 Citation Authority.
(1) Pursuant to Section 456.077, F.S. (2000), 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 and the appropriate penalties for specific violations. In addition to the penalty, the costs of investigation and prosecution shall be assessed pursuant to Section 456.072(2) F.S. as determined by rules of the Department of Health. The form to be used for the issuance of the citation shall be set forth in rules of the Department of Health. The following subsections indicate those violations which may be disposed of by citation, with the accompanying penalty.
(2) Violation of Section 466.026(1)(a), and/or 466.028(1)(aa), F.S., by practicing for a period of 2-6 months without an active license. The penalty for a dentist shall be a $1,000.00 fine to be in addition to any reactivation fee, and completion within 6 months of 4 hours of continuing education in risk management. Said continuing education to be in compliance with Rule Chapter 64B5-12, F.A.C., and in addition to any continuing education required for biennial renewal of licensure. The penalty for dental hygienist shall be a $250.00 administrative fine.
(3) A first time violation of Sections 466.028(1)(i) and/or 466.028(1)(a)(aa), F.S., and/or subsection 64B5-12.013(1) or (2), F.A.C., by renewing a license without completing the required continuing education credits. The penalty for a dentist shall be an administrative fine of $100.00 $150.00 per hour not completed as required, and completion of all continuing education hours that were not completed, and completion of one additional hour of continuing education for each hour not completed or completed late. Said continuing education shall be in compliance with Rule Chapter 64B5-12, F.A.C., and shall not count toward any continuing education required for the biennium in which it is completed and shall be in addition to and not count toward any continuing education required for biennial renewal of licensure. Furthermore, the licensee shall submit proof of completion of all required continuing education under this rule to the Board office no later than 12 months from the date of the citation. The penalty for a dental hygienist shall be an administrative fine of $25.00 $35.00 per hour not completed as required, and completion of all continuing education hours that were not completed, and completion of one additional hour of continuing education for each hour not completed or completed late. Said continuing education shall be in compliance with Rule Chapter 64B5-12, F.A.C., and shall not count toward any continuing education required for the biennium in which it is completed and shall be in addition to and not count toward any continuing education required for biennial renewal of licensure. Furthermore, the licensee shall submit proof of completion of all required continuing education under this rule to the Board office no later than 12 months from the date of citation.
(4)(a) through (j) No change.
(5)(a) through (c) No change.
(d) Violation of subsection 64B5-4.003(5), F.A.C., by providing an advertisement for free or discounted services which does not comply with the requirements of Section 456.062 455.664, F.S., and/or clearly identify the dates that free, discounted or reduced fee services will be available.
(6) (a) through (c) No change.
(7) The penalty for a violation of Rule Chapter 64B5-4, F.A.C., as enumerated above is are as follows: first offense will result in $250.00 fine and reprimand; second offense, will result in a $1,000.00 fine, reprimand and four (4) hour continuing education in ethics. Violations occurring subsequent to the second offense of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed.
(8) No change.
(9) Violation of subsection 466.028(1) (ll) (aa), F.S., by violation of Section 456.035(1) F.S., which requires licensees to notify the Board of change of address. Failure to comply will result in a $250.00 fine.
(10) through (11) No change.
(12) Except for violations of Rule Chapter 64B5-4 F.A.C., as stated above, tThe procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 456.073, F.S., shall apply.
(13) Citations are to be served upon the subject either by personal service or by certified mail, restricted delivery return receipt, to the last known business or residence address of the subject.
(14) The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. All fines and costs are to be made payable to the Board of Dentistry Citations and sent to the Department of Health in
(15) If the subject licensee rejects the Department of Healths offer of the citation or if the licensee fails to comply with the penalty then the procedures of Section 456.073, F.S., shall apply to the original charge. In cases where the subject licensee fails to comply with the penalty, both the original charge and a complaint for violation Section 456.072(1)(q), F.S., shall be filed and investigated. a charge of violating Section 466.028(1)(i), F.S., shall be brought before the probable cause panel pursuant to Section 456.073, F.S.
(16) The Department of Health shall, at the end of each calendar quarter, submit a report to the Board of the citations issued which report shall contain the name of the subject, the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Section 456.073, F.S.
Specific Authority 456.077, 466.004(4) FS. Law Implemented: 456.072(3)(a), 456.077 FS. HistoryNew 12-24-91, Formerly 21G-13.0046, Amended 11-22-93, Formerly 61F5-13.0046, 59Q-13.0046, Amended 7-19-01, ________.
