64B10-14.006: Citations
PURPOSE AND EFFECT: To clarify that citation regards practice on delinquent rather than inactive license; to modify amount of fines for falsely certifying compliance with continuing education hours; to delete requirement to make up missing continuing education units; to delete subsection regarding first-time failure to comply with Rule 64B10-15.001; F.A.C., add subsection imposing a fine and payment requirements for tendering a check that is dishonored, to delete requirements that prior to issuance of the citation for the investigator to confirm the status or correction of the violation and to remove certain potential for harm.
SUBJECT AREA TO BE ADDRESSED: Citations.
SPECIFIC AUTHORITY: 456.073, 456.077 FS.
LAW IMPLEMENTED: 456.077 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, IF AVAILABLE, IS: Joe Baker, Jr., Executive Director, Board of Nursing Home Administrators/MQA, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64B10-14.006 Citations.
(1) through (2) No change.
(3) The following violation with accompanying fines may be disposed of by citation:
(a) Practice on an delinquent inactive license or certificate for less than six months. The fine shall be $50 for each month of practice
(b) Falsely certifying compliance with continuing education hours required for renewal of licensure or certification. If the individual has no documentation, the fine shall be $1,500.00 500.00. If the individual has some documentation, the fine shall be $500 penalty is $25 per missing hour, to a maximum of $500. For failing to provide documentation of the HIV/AIDS course, the fine shall be $100.00. All missing CEUs shall be made up within six months of the date the citation becomes a Final Order.
(c) Failure to comply with Rule 64B10-11.012, F.A.C. (change of address). The fine shall be $100.00.
(d) Paperwork deficiencies that have been corrected and have no patient harm (violation of Section 468.1755(1)(m), F.S.). The fine shall be $250.00.
(e) First time failure to comply with Rule 64B10-15.001, F.A.C. The fine shall be $500.00. For each hour of continuing education not completed or completed late, the licensee shall be required to complete one (1) additional hour of continuing education within six (6) months of the issuance of the citation.
(e)(f) Failing to report to the Board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contentere to, regardless of adjudication, a crime in any jurisdiction. The fine shall be $500.00.
(f)(g) Failure to comply with Rule 64B10-12.018, F.A.C. (Special Assessment). The fine shall be $500.00.
(4) Tendering a check that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check within 30 days. Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation.
(5) No change.
Specific Authority 456.073, 456.077 FS. Law Implemented 456.077 FS. History–New 3-1-92, Formerly 21Z-14.006, 61G12-14.006, Amended 7-21-97, Formerly 59T-14.006, Amended 5-15-00, 8-23-00, 2-23-06,_________.