64B2-16.0075: Citations
PURPOSE AND EFFECT: The Board proposes a rule amendment to assess the penalty amount in rule citations.
SUMMARY: The Board proposed a rule amendment to increase the penalty amounts for continuing education deficiency citation and adding failing to attend a Board meeting during the initial licensure period as a citation offense.
SUMMARY 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: 456.039(3), 456.077, 460.405 FS.
LAW IMPLEMENTED: 456.035, 456.039(3), 456.072(3), 456.073 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, Jr., Executive Director, Board of Chiropractic Medicine/MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3253
THE FULL TEXT OF THE PROPOSED RULE IS:
64B2-16.0075 Citations.
(1) Citation means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a licensee, an applicant, a candidate trainee, or any other person within the jurisdiction of this Board, for the purpose of assessing a penalty in an amount established by this rule. All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed sixty (60) days, and impose whatever obligations will remedy the offense, except that up to six (6) months shall be permitted with regard to the completion of continuing education credit hours.
(2) through (3) No change.
(4) Failure of chiropractic physicians to complete the required continuing education during the biennial license period; Section 456.072(3), F.S.
(a) Failure to complete less than twenty (20) ten 10 hours shall result in a penalty of $2,500 $500;
(b) Failure to complete twenty-one (21) ten 10 or more hours will result in a penalty of $5,000 $1,000. In addition, licensees shall make up all continuing education hours in deficiency, and shall take one (1) additional hour of continuing education for each hour of continuing education deficiency. Said hours shall not count toward the licensees continuing education renewal requirements for the next biennium.
(c) Failure to comply with Rule 64B2-13.007, F.A.C., shall result in a penalty of $1,000.
(5) Failure of certified chiropractic physicians assistants to complete the required continuing education during the biennial license period; Section 456.072(3), F.S.;
(a) Failure to complete less than ten (10) hours shall result in a penalty of $ 100;
(b) Failure to complete ten (10) or more hours will result in a penalty of $200. In addition, licensees shall make up all continuing education hours in deficiency, and shall take one (1) additional hour of continuing education for each hour of continuing education deficiency. and must be completed within six (6) months of the filing date of the citation. Said hours shall not count toward the licensee's continuing education renewal requirements for the next biennium.
(6) through (9) No change.
Specific Authority 456.039(3), 456.077, 460.405 FS. Law Implemented 456.035, 456.039(3), 456.072(3), 456.073 FS. History New 1-19-92, Amended 4-26-93, Formerly 21D-16.0075, 61F2-16.0075, Amended 7-18-95, Formerly 59N-16.0075, Amended 2-11-99, 5-31-00, 10-7-02, 11-30-03, 11-1-04, 4-13-05,________.
