RULE NO.:RULE TITLE:
64B18-14.010Citations
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 94, May 13, 2016 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and by a discussion and vote by the Board at its July 8, 2016 meeting. The rule shall now read as follows:
64B18-14.010 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. 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 rules of the Department of Health.
(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. through 3. No change.
4. Failure to attend during the first biennium or within twenty four (24) months of initial licensure one full day of a meeting of the Board of Podiatric Medicine at which disciplinary hearings are conducted. Guidelines outlined in Rule 64B18-17.005, F.A.C.
$500 fine and required attendance of one full day of board meeting
(b) No change.
(c) 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) through (e) No change.
(f) Failure to provide the disclaimer required for free or discounted services. (Sections 456.062, 456.077(2) and 461.013(1)(w), F.S.)
$500 fine
(g) Soliciting patients. (Sections 456.072(1)(x), 456.077(2), and 461.013(1)(k), and 461.013(1)(w), F.S.)
$500 fine
(h) No change.
(i) 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) Failure to pay required costs and fines.
(Section 456.077(2), F.S.)
$2,500 fine and compliance of outstanding
costs and fines within sixty days
(j)(k) through (k)(l) No change.
(4) through (5) No change.
Rulemaking 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, 10-7-07, 6-8-08, 11-10-11, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony B. Spivey, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257