Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-30.014: Citation Authority
PURPOSE AND EFFECT: The proposed rule amendment is intended to add to the penalty language with regard to CME violations.
SUMMARY: The proposed rule amendment subjects licensees who have failed to document CME to a CME audit for the next two biennia.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost has been prepared. The Board has determined that the proposed rule amendments will not have an impact on small business.
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, 458.309, 458.347(7)(g), (12) FS.
LAW IMPLEMENTED: 456.077, 458.331, 458.347(7)(g), (12) 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: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-30.014 Citation Authority.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) through (2) No change.

(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

VIOLATIONS

PENALTY

(a) CME violations.

Within twelve months of the date the

(Section 458.347(7)(c), F.S.)

citation is issued, Respondent must submit certified documentation of

(Section 458.331(1)(g), (x), F.S.)

completion of all CME requirements for the period for which the citation was

(Section 456.072(1)(e), (s), F.S.)

issued; prior to renewing the license for the next biennium, Respondent must

 

document compliance with the CME requirements for the relevant period; AND pay a $250 fine. In addition, the Respondent will be subject to a CME audit for the next two biennial renewal periods.

 

1. through 5. No change.

(b) through (i) No change.

(4) through (5) No change.

Rulemaking Specific Authority 456.077, 458.309, 458.347(7)(g), (12) FS. Law Implemented 456.077, 458.331, 458.347(7)(g), (12) FS. History–New 3-3-02, Amended 5-19-03, 11-17-03, 5-4-04, 12-12-05, 8-2-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008