California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.6 - Respiratory Care Board of California › Article 8 - Citations and Fines › Section 1399.381 - Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Fines shall be
				assessed in accordance with the following schedule as provided for by law:
BUSINESS AND PROFESSIONS
						  CODE
Maximum Fine
3717 Records from employer
$10,000
3731 Title Used by licensee
$5,000
3739 Practice during license
						  process
$5,000
3750(a) Advertising
$5,000
3750(b) Fraud in the procurement of any
						  license
$5,000
3750(c) Knowingly employing unlicensed
						  persons
$15,000
3750(d) Conviction of crime
$5,000
3750(e) Impersonating an applicant in any
						  examination
$5,000
3750(f) Negligence
$5,000
3750(g) Conviction of any violation of division
						  2
$5,000
3750(h) Aiding/Abetting person to violate this
						  chapter
$5,000
3750(i) Aiding/abetting person to engage in unlawful
						  practice
$5,000
3750(j) Commission of fraudulent, dishonest or corrupt
						  act
$5,000
3750(k) Falsifying/ incorrect/ inconsistent entries in
						  record
$5,000
3750(
l
) Changing
						  prescription/falsifying orders for treatment
$5,000
3750(m) Discipline taken by another
						  agency
$5,000
3750(n) Knowing failure to protect patients --
						  infection control
$5,000
3750(o) Incompetence
$5,000
3750(p) Pattern of substandard care
$5,000
3750(q) False statements
$5,000
3750.5 Obtained/possessed/use of
						  drugs
$5,000
3750.6 Production of work permit/pocket
						  license
$5,000
3753.1 Probation monitoring costs
$5,000
3753.5 Cost recovery
$5,000
3754.5 Obtains license by fraud or
						  misrepresentation
$5,000
3755 Unprofessional conduct
$5,000
3758 Employer report on
						  suspension/termination
$10,000
3758.5 RCP report on violation made by other
						  RCP
$5,000
3758.6 Employer report on
						  supervisor
$10,000
3760 Practice without a
						  license/Misrepresentation
$15,000
3761(a) Misrepresentation in claim of license to
						  practice
$15,000
3761(b) Knowingly employing an unlicensed
						  person
$15,000
3773(a)(1) License renewal -- notice of
						  conviction
$5,000
3773(a)(2) License renewal -- identify
						  employer
$5,000
3773(b) License renewal -- additional
						  information
$5,000
REGULATIONS
1399.304 Current address
$5,000
1399.350 CE requirements
$5,000
1399.350.5 Completion of ethics/professional law
						  course
$5,000
1399.360 Unlicensed personnel/home
						  care
$15,000
1399.377 Records from employer
$10,000
1399.378 Licensee reporting
$5,000
1399.379 Employer reporting
$10,000
(b)
				The methodology for assessing fine amounts shall be for each inspection or
				investigation made with respect to the violation, except as provided below:
(1) The assessment of fine amounts for a
				violation involving fraudulent billing submitted to an insurance company, the
				Medi-Cal program, or Medicare, shall be based on each violation or
				count.
(2) The assessment of fine
				amounts for a violation of section
				3717 of the B&P or section
				1399.377 of these regulations,
				shall be based upon each incident in which the employer fails to respond to a
				request to inspect or produce records as provided for in section
				3717 of the B&P or section
				1399.377 of these
				regulations.
(3) The assessment of
				fine amounts for a violation of section
				3758,
				3758.5 or
				3758.6 of the B&P, or section
				1399.378 or
				1399.379 of these regulations,
				shall be based upon each person and/or each incident required to be reported to
				the board.
(4) The assessment of
				fine amounts for a violation of section
				3750(c),
				3760,
				3761(a), or
				3761(b) of the
				B&P or section
				1399.360 of these regulations,
				shall be based upon each person who acts in the capacity of, or engages in the
				business of, or represents themselves as, a respiratory care practitioner, at
				each facility or location.