For 44.005, the Board proposes the rule amendment to revise the rule to allow for resolution of additional disciplinary violations through the issuance of citations and to update the rule if necessary. For 44.010, the Board proposes the rule ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-44.005Citations

64B8-44.010Mediation

PURPOSE AND EFFECT: For Rule 64B8-44.005, F.A.C., the Board proposes the rule amendment to revise the rule to allow for resolution of additional disciplinary violations through the issuance of citations and to update the rule if necessary. For Rule 64B8-44.010, F.A.C., the Board proposes the rule amendment to revise the rule to allow for resolution of additional disciplinary violations through mediation and to update the rule if necessary.

SUMMARY: Allow for resolution of additional disciplinary violations through the issuance of citations and mediation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.  A SERC has not been prepared by the agency. The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed amendments clarify disciplinary violations which may be resolved through issuance of a citation or through mediation which will reduce costs, time frames and regulatory burdens on licensees. Accordingly, there is no foreseeable cost impact on licensees or small businesses.  Furthermore, the Board found the cost impact on government would be minimal. Therefore, no SERC must be repaired nor will legislative ratification be required. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 456.077, 456.078, 468.507 FS.

LAW IMPLEMENTED: 456.077, 456.078, 468.517, 468.518 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Allen Hall, Executive Director, Dietetics & Nutrition Practice Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-44.005 Citations.

(1) No change.

(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Department may issue a citation to the subject within six (6) months after the filing of the complaint which is the basis for the citation.

(3) through (4) No change.

(a) Failure to renew license during which time the person continues to practice up to sixty (60) days – a fine of $100.

(b) Tendering a dishonored check or electronic payment Issuing a bad check to the Department for payment of licensure or renewal – a fine of $100.

(c) Failure to notify the Department of a change of address within sixty (60) days – a fine of $100.

(d) Falsely certifying timely completion of required continuing education courses for renewal or initial licensure, if completed by the time the citation is to be issued – a fine of $100, per contact hour wrongfully claimed,.

(e)1. No change.

a. Failure to complete less than nine (9) hours, a fine of $300.

b. Failure to complete between nine (9) and sixteen (16) hours, a fine of $600.

c. Failure to complete between seventeen (17) and twenty-four (24) hours, a fine of $1,000.

2. Licensee must submit full payment of the fine and costs within ninety (90) days three (3) months of the date the citation was issued.

3. Licensee must provide proof of completion of the deficient hours within ninety (90) days three (3) months of the date the citation was issued.

(f) Failure to respond timely to a continuing education audit – a fine of $100, and licensee must provide proof of compliance with continuing education requirements within one (1) month of the date the citation was issued.

(f)(g) Failure to timely pay required fees and fines – a fine of $100.

(g)(h) Failure to comply with advertising requirements – a fine of $100.

(h)(i) Failure to display signs, licenses, and permits – a fine of $100.

(4) No change.

(5) If the subject disputes any matter contained in the citation, within thirty (30) days after service, the Department shall follow the procedure set forth in Section 456.073, F.S.; otherwise Otherwise, the citation shall become a final order of the Board.

Rulemaking Authority 456.077, 468.507 FS. Law Implemented 456.077, 468.517, 468.518 FS. History–New 1-1-92, Formerly 21M-50.005, 61F6-50.005, 59R-44.005, Amended 9-26-01, 3-25-02, 7-17-05, 4-10-06, 7-8-09, 2-3-10,_________.

 

64B8-44.010 Mediation.

The Board finds that mediation is an acceptable resolution of the following first time violations that are economic in nature or can be remedied by the licensee: Failure to respond timely to a continuing education audit.

(1) Failure to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

(2) Permitting a license to become delinquent for fewer than thirty (30) days, provided the licensee has not practiced, attempted to practice or offered to practice the profession during the delinquency period.

(3) Failure to promptly return a license or certificate to the Department.

(4) Failure to keep license conspicuously displayed in licensee’s office, place of business or place of employment.

(5) Failure to timely pay fines or costs imposed in a final order.

(6) Advertising violations.

(7) Overcharging for patient records.

(8) Tendering a dishonored check or electronic payment to the Department for payment of licensure or renewal.

(9) Failure to notify the Department of a change of address within sixty (60) days.

Rulemaking Authority 456.078, 468.507 FS. Law Implemented 456.078 FS. History–New 12-28-94, Formerly 59R-44.010, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Dietetics & Nutrition Practice Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:  Dietetics & Nutrition Practice Council

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  April 3, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  June 17, 2014