Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Podiatric Medicine
RULE NO: RULE TITLE
64B18-14.002: Penalties
64B18-14.010: Citations
PURPOSE AND EFFECT: The Board proposed the amendment to Rule 64B18-14.002, F.A.C., to add penalties for not submitting or updating required information within the 45 day time limit. The Board proposes the amendment to Rule 64B18-14.010, F.A.C., to add penalties for failure to comply with Section 456.039(3)(b), Florida Statutes.
SUMMARY: The proposed amendment to Rule 64b18-14.002, F.A.C., is to add penalties for not submitting or updating required information within the 45 day time limit and to Rule 64B14-010, F.A.C., is to add penalties for failure to comply with Section 456-039(3)(b), Florida Statutes.
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: 456.078, 456.079 (1), 461.005, 461.013(4) FS.
LAW IMPLEMENTED: 456.039(3)(b), 456.057, 456.062, 456.077, 456.079, 456.012, 461.013(4), 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/MQA, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B18-14.002 Penalties

(1)No change.

(2) Unless mitigating or aggravating factors are demonstrated when the Board finds an applicant or licensee whom it regulates under Chapter 461, F.S., has committed any of the acts set forth in either Section 461.013(1), 456.013(7), 456.033, 456.053, 456.062, 456.067 or 456.072, F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the offense within the ranges recommended in the following disciplinary guidelines:

(a) through (qq) No change.

(rr) Failure to submit or update required information. The Board shall impose a penalty ranging from a reprimand up to probation plus a fine from $2,500.00 to $5,000.00 pursuant to Section 456.039(3)(b), F.S.

Specific Authority 456.039(3), 456.073(3), 456.079, 461.003,461.005, 461.013 FS. Law Implemented 456.033,456.053,456.062,456.063, 456.067, 456.072, 456.073(3), 456.079,461.012, 461.013 FS. History- New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-68, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04,________.

 

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) through (i) No change.

(j) Failure to comply with Section 456.039(3)(b), F.S., a fine of $50.00 per day.

(4) through (5) No change.

Specific Authority 456.072, 461.005 FS. Law Implemented 456.057, 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,________.


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: 7/14/2005
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 24, 2005