Fla. Admin. Code Ann. R. 64B32-5.007 - Citations
(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. All citations will include a requirement that the subject correct
the violation, if remediable, within a specified period of time not to exceed
90 days, and impose whatever obligations will remedy the offense, except
documentation of completion of continuing education requirements shall be as
specified in paragraph (2)(a). If the violation is not corrected, or is
disputed, the Department shall follow the procedure set forth in Section
456.073, F.S. In addition to any
administrative fine imposed, the Respondent shall be required by the Department
to pay the costs of investigation.
(2) The following violations may be disposed
of by citation with the specified penalty:
(a) Violations of continuing education
requirements required by Section
468.361, F.S.: are to be
completed within 90 days of the date of the filing of the final order. Licensee
must submit certified documentation of completion of all the CE requirements
for the period for which the citation was issued; prior to renewing the license
for the next biennium, licensee must document compliance with the CE
requirements for the relevant period.
1.
Failure to document HIV/AIDS continuing education requirement the fine shall be
$100.00.
2. Documentation of some
but not all of the 24 hours of continuing education for license renewal the
fine shall be $50.00 for each hour not documented.
(b) Violation of any portion of Rule
64B32-5.003, F.A.C., for
unprofessional conduct the fine shall be $300.00.
(c) Failure to notify the Board of current
address as required by Rule
64B32-1.006, F.A.C., the fine
shall be $50.00.
(d) Failure to
keep written respiratory care records justifying the reason for the action
taken on only one patient under Section
468.365(1)(t),
F.S., the fine shall be $100.00.
(e) Circulating misleading advertising in
violation of Section 468.365(1)(e),
F.S., the fine shall be $500.00.
(f) Exercising influence on a patient to
exploit the patient for financial gain by promoting or selling services, goods,
appliances or drugs under Section
468.365(1)(u),
F.S., the fine shall be $1, 000.00.
(g) Failure to submit compliance
documentation after receipt of the continuing education audit notification
under Section 468.365(1)(x),
F.S., the fine shall be $150.00.
(h) Failure to provide satisfaction including
the costs incurred following receipt of the Department's notification of a
check dishonored for insufficient funds under Section
468.365(1)(l),
F.S., the fine shall be $150.00.
(i) Failure to pay required fees and/or fines
in a timely manner under Section
468.365(1)(i),
F.S., the fine shall be $150.00.
(3) When an initial violation for which a
citation could be issued occurs in conjunction with a violation or other
violations for which a citation could not be issued, the procedures of Section
456.073, F.S., shall
apply.
(4) The licensee has 90 days
from the date the citation becomes a final order to pay any fine imposed and
costs. All fines and costs are to be made payable to the Department of Health,
and sent to the Department in Tallahassee. A copy of the citation shall
accompany the payment of the fine and costs.
(5) The Department of Health shall
periodically, submit a report to the Board regarding the number and nature of
the citations issued, the penalties imposed, and the level of
compliance.
Notes
Rulemaking Authority, 456.072(3), 456.077 FS. Law Implemented 456.072(3), 456.077 FS.
New 5-19-96, Formerly 59R-74.006, 64B8-74.006, Amended 1-6-02, 5-31-04, 2-23-06, 3-28-10, 9-15-10, 3-18-21.
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