The Board proposes the development of rule amendments to address both the first-time failure and subsequent failure to report a changes in supervisors for physician assistants.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.: RULE TITLE:

64B15-6.0105 Notice of Noncompliance

64B15-6.01051 Citation Authority

PURPOSE AND EFFECT: The Board proposes the development of rule amendments to address both the first-time failure and subsequent failure to report a changes in supervisors for physician assistants.

SUBJECT AREA TO BE ADDRESSED: Notice of Noncompliance and citation for failure to report changes in supervisors.

SPECIFIC AUTHORITY: 456.073(3) FS., 456.077 FS., 459.005 FS., 459.022(7)(f), (12) FS.

LAW IMPLEMENTED: 456.073(3) FS., 456.077 FS., 459.015 Fs., 459.022(7)(f), (12) 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 IS: Pamela King, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

64B15-6.0105 Notice of Noncompliance.

(1) through (2) No change.

(3) The following violations are those for which the board authorizes the Department to issue a notice of noncompliance:

(a) No change.

(b) Violating any of the following provisions of Chapter 459 458, F.S., as prohibited by Sections 459.022(7)(f) and 459.015(1)(bb), F.S.:

1. through 2. No change.

3. Failure to timely notify the Department of a change of supervision (addition or deletion of a supervisor) (Section 459.022(7)(d), (f), F.S.)

Specific Authority 456.073(3), 459.005, 459.022(7)(f),(12) FS. Law Implemented 456.073(3), 459.015, 458.347(7)(f),(12) FS. History–New 3-10-02, Amended ________.

 

64B15-6.01051 Citation Authority.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) through (2) No change.

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

 

VIOLATIONS	PENALTY
(a) through (f) No change.
(g) Second failure Failure to report to the Department of addition/deletion/change of supervising physician(s) within 30 days after the change is made. (Section 456.035, F.S.) (Section 459.015(1)(g), F.S.) (Section 459.022(7)(d), (f) (e), (g), F.S.)	$ 250 fine per supervising physician

(h) through (i) No change.

(4) through (5) No change.

Specific Authority 456.077, 459.005, 459.022(7)(f),(12) FS. Law Implemented 456.077, 459.015, 459.022(7)(f),(12) FS. History–New 3-10-02, Amended 1-12-04, 5-4-04, 12-12-05, ________.