Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-44.005: Citations
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the rule for consistency.
SUMMARY: The rule will be clarified for consistency.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting: Allen Hall, Executive Director, at the address listed below.
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: 456.077, 468.507 FS.
LAW IMPLEMENTED: 456.077, 468.517, 468.518 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: Allen Hall, Executive Director, Dietetics and Nutrition Council/MQA, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-44.005 Citations.

(1) through (3) No change.

(4) The Board designates the following as citation violations, which shall result in a penalty of $100:

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

(b) 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 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, penalty of $100 per contact hour wrongfully claimed,

(e) Failure to respond to a continuing education audit within thirty days,

(e)(f) Failure to comply with continuing education requirements,:

1. Fines:

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

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

c. Failure to complete between 17 and 24 hours, a fine of $1,000.

2. Licensee must provide proof of completion of the deficient hours within 90 days of the date the citation was filed.

(f)(j) 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 30 days of the date the citation was filed.

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

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

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

(5) through (6) No change.

Rulemaking Specific 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,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Council
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 19, 2008