The Board proposes the rule amendment to update violations and penalties.

 

DEPARTMENT OF HEALTH
Board of Podiatric Medicine

RULE NO: RULE TITLE
64B18-14.010: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to update violations and penalties.
SUBJECT AREA TO BE ADDRESSED: Citations.
SPECIFIC AUTHORITY: 456.072, 456.077, 461.005 FS.
LAW IMPLEMENTED: 456.057, 456.062, 456.072, 456.077, 461.012, 461.013(7) 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: Joe Baker, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3258

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64B18-14.010 Citations.

(1) through (2) No change.

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

 

	VIOLATIONS	PENALTY
	(a) CME violations. Podiatrist (Section 456.077(2) and 461.013(1)(w), F.S.). 1.Failure to document 40 of the 40 required hours.	$5,000 fine and reprimand   Within one year of the date of the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued; prior to renewing the license for the next biennium, Respondent must document compliance with the CME requirements for the relevant period; AND
	2.1. Failure to document required two (2) hour medical errors,	$500 fine per category
	HIV/AIDS, Florida laws and rules, or
	risk management CME.
	3.2. Documentation of some, but not all 40	$125 fine for each hour not documented
	hours of required CME for license
	renewal.
	3. Failure to document any of the	$5,000 fine and reprimand
	required hours. (b) CME violations: Podiatric X-ray Assistant Failure to document required eight (8) hour recertification course.	$150 fine
	(c)(b) Practice on a delinquent license for a period of up to three months. (Sections 461.012(1)(a) and 461.013(1)(w), F.S.).	$500 fine for Podiatrist; $150 fine for Podiatric X-ray Assistant
	(d)(c) Failure to notify Department of	$500 fine for Podiatrist;
	change of current mailing address and	$150 fine for Podiatric X-ray Assistant
	Place of practice.
	(Sections 461.013(1)(h) and
	456.035(1), F.S.)
	(e)(d) Failure to provide medical	$500 fine and proof records were provided
	record of one patient in a timely manner.
	(Section 456.057, F.S.)
	(f)(e) Failure to provide the disclaimer required	$500 fine
	for free or discounted services.
	(Sections 456.062, 456.077(2) and
	461.013(1)(w), F.S.)
	(g)(f) Soliciting patients.	$500 fine
	(Sections 456.072(1)(x), 456.077(2), 461.013(1)(k), and 461.013(1)(w), F.S.)
	(h)(g) Failure to comply with the requirements of	$500 fine
	profiling or credentialing.
	(Section 456.072(1)(v) and 456.077(2), F.S.)
	(i)(h) Failure to pay the one time assessment fee of $375.00	Citation fine of $500.00 plus payment of cost and the $375.00 assessment fee.
	(j)(i) Failure to timely pay required costs and fines. (Section 456.077(2), F.S.)	$2,500 fine and compliance of outstanding costs and fines within sixty days
	(k)(j) Failure to comply with Sections 381.026 and	$250 fine and compliance within ten days
	(l)(k) Failure to comply with Section 456.039(3)(b) (Section 456.077(2), F.S.)	a fine of $50.00 per day
	381.0261, F.S., referencing patients bill of rights.
	(Section 456.077(2), F.S.)

 

(4) through (5) No change.

Specific Authority 456.072, 456.077, 461.005 FS. Law Implemented 456.057, 456.062, 456.072, 456.077, 461.012, 461.013(7) FS. History–New 1-19-92, Formerly 21T-14.010, 61F12-14.010, Amended 3-26-95, 2-25-96, 6-17-97, Formerly 59Z-14.010, Amended 11-23-00, 8-13-02, 7-26-04, 6-14-06, 10-11-06,                                   ________.