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.
SUMMARY: Violations and penalties will be updated.
SUMMARY OF STATEMENT 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: 456.072, 456.077, 461.005 FS.
LAW IMPLEMENTED: 456.057, 456.062, 456.072, 456.077, 461.012, 461.013(7) 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: Joe Baker, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE 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	$125 fine for each hour not documented
	40 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,                                   __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Podiatric Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Podiatric Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 22, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 20, 2007