64B18-14.010: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to update violations and penalties.
SUMMARY: Violations and penalties will be updated.
SUMMARY OF STATEMENT 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: 456.072, 456.077, 461.005 FS.
LAW IMPLEMENTED: 456.057, 456.062, 456.072, 456.077, 461.012, 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, Jr., Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3258
THE FULL TEXT OF THE PROPOSED RULE IS:
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:
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VIOLATIONS |
PENALTY |
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(a) CME violations Podiatrist. |
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(Section 456.077(2) and 461.013(1)(w), F.S.). |
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1. Failure to document 40 of the 40 required hours. |
$5,000 fine and reprimand |
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2. Failure to document required two (2) hour medical errors, |
$500 fine per category |
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HIV/AIDS, Florida laws and rules, or |
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risk management CME. |
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3. Documentation of some, but not all 40 |
$125 fine for each hour not documented |
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hours of required CME for license |
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renewal. |
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(b) CME violations: Podiatric X-ray Assistant |
$150 fine |
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Failure to document required eight (8) hour recertification course. |
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(c) Practice on a delinquent license for a |
$500 fine for Podiatrist; |
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period of up to three months. |
$150 fine for Podiatric X-ray Assistant |
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(Sections 461.012(1)(a) and |
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461.013(1)(w), F.S.). |
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(d) Failure to notify Department of |
$500 fine for Podiatrist; |
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change of current mailing address and |
$150 fine for Podiatric X-ray Assistant |
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place of practice. |
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(Sections 461.013(1)(h) and |
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456.035(1), F.S.) |
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(e) Failure to provide medical |
$500 fine and proof records were provided |
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record of one patient in a timely manner. |
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(Section 456.057, F.S.) |
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(f) Failure to provide the disclaimer required |
$500 fine |
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for free or discounted services. |
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(Sections 456.062, 456.077(2) and |
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461.013(1)(w), F.S.) |
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(g) Soliciting patients. |
$500 fine |
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(Sections 456.072(1)(x), 456.077(2), |
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461.013(1)(k), and 461.013(1)(w), F.S.) |
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(h) Tendering a check payable to the Board of Podiatric Medicine or to the Department of Health that is dishonored by the institution upon which it is drawn. |
$100 fine and payment of the check within 30 days |
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(i) Failure to pay the one time assessment fee of $375.00 |
Citation fine of $500.00 plus payment of cost and the $375.00 assessment fee. |
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(j) Failure to pay required costs and fines. (Section 456.077(2), F.S.) |
$2,500 fine and compliance of outstanding costs and fines within sixty days |
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(k) Failure to comply with Sections 381.026 and 381.0261, F.S., referencing patients bill of rights. (Section 456.077(2), F.S.) |
$250 fine and compliance within ten days |
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(l) Failure to submit or update profiling or credentialing information (Sections 456.039(3)(b) and |
a fine of $50.00 per day |
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(m) 381.0261, F.S., referencing patients bill of rights. |
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(Section 456.077(2), F.S.) |
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(4) through (5) No change.
Specific Authority 456.072, 456.077, 461.005 FS. Law Implemented 456.057, 456.062, 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, 6-14-06, 10-11-06, 10-7-07, ________.