RULE NO: RULE TITLE
64B8-8.017: Citation Authority
PURPOSE AND EFFECT: The proposed rule amendments are intended to address the time frames for various citation penalties.
SUMMARY: The proposed rule amendments require several citation penalties to be documented within 60 days.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was 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 FS.
LAW IMPLEMENTED: 456.072(2)(d), 456.077 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:

64B8-8.017 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) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the penalty to be imposed. In addition to any administrative fine imposed, the Respondent may be required by the Department to pay the costs of investigation. The form to be used is specified in rules of the Department of Health.

(2) If the violation constitutes a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.

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

VIOLATIONS	PENALTY
(a) CME violations. (Sections 458.321, 458.331(1)(g), (x), 456.072(1)(e), (s), F.S.)	Within 60 days ~~twelve months~~ of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued. Respondent’s continuing education courses will be audited for the next two biennia to ensure compliance with renewal requirements; AND
1. through 5. No change.
(b) Failure to comply with a CME audit. (Sections 456.072(1)(e), (s), F.S.)	$500 fine and compliance with the CME audit within 60 10 days.
(c) through (h) No change.
(i) Failure to update physician profile as required in Sections 456.039(3) and 458.319(1), F.S. (Section 456.039(3)(b), F.S.)	$1,000 fine; 3 hours CME in ethics within 60 days; and requirement that physician update the profile within 60 30 days.
(j) Negligently making misleading or untrue statements on the physician profile.	$1,000 fine and 3 hours CME in ethics within 60 days.
(k) through (q) No change.
(4) through (5) No change.

Rulemaking ~~Specific~~ Authority 456.077, 458.309 FS. Law Implemented 456.072(2)(d), 456.077 FS. History–New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06, 1-16-08,________.