Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-7 - ANESTHESIOLOGIST ASSISTANTS › Section 64B15-7.009 - Citation Authority

Current through Reg. 50, No. 138; July 16, 2024
(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.
(2) If the violation constituted 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.
(Section
							  459.023, F.S.);
(Sections
							  459.015(1)(g),
							 (x), F.S.);
(Sections
							  456.072(1)(e),
							 (s), F.S.)
Within 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; 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.
1. Failure to document required HIV/AIDS CME.
(Section
							  456.033, F.S.)
$250 fine.
2. Failure to document required domestic violence or
							 end-of-life and palliative health care CME.
(Section
							  456.031, F.S.)
$250 fine.
3. Failure to document required prevention of medical
							 errors CME.
(Section
							  456.013(7),
							 F.S.)
$250 fine.
4. Failure to document both the required HIV/AIDS and
							 domestic violence, or end-of-life and palliative health care CME.
$500 fine.
5. Documentation of some, but not all, 40 hours of
							 required CME for license renewal.
$25 fine for each hour not documented.
(b) Obtaining license renewal by negligent
							 misrepresentation.
(Section
							  459.023, F.S.)
(Section
							  459.015(1)(a),
							 F.S.)
$2,500 fine.
(c) Failure to document any of the 40 hours of
							 required CME for license renewal.
(Section
							  459.023, F.S.)
(Section
							  459.015(1)(x),
							 F.S.)
$2,500 fine.
(d) Practice on an inactive or delinquent
							 license.
(Section
							  456.036(1),
							 F.S.)
(Section
							  459.013(1)(a),
							 F.S.)
(Section
							  459.015(1)(x),
							 F.S.)
(Section
							  459.023, F.S.)
1. For a period of up to nine months.
$100 for each month or part thereof.
2. For a period of nine months to twelve
							 months.
$150 for each month or part thereof.
(e) Failure to notify Department of change of
							 practice and/or mailing address.
(Section
							  456.035, F.S.)
(Section
							  459.015(1)(g),
							 F.S.)
(Section
							  459.018(3),
							 F.S.)
(Section
							  459.023, F.S.)
$125 fine.
(f) Failure of the anesthesiologist assistant to
							 clearly identify that he/she is an anesthesiologist assistant.
(Section
							  459.015(1)(g),
							 F.S.)
(Section
							  459.023, F.S.)
$250 fine.
(g) Failure to report to the Department of
							 addition/deletion/change of supervising physician(s).
(Section
							  456.035, F.S.)
(Section
							  459.015(1)(g),
							 F.S.)
(Section
							  459.023, F.S.)
$125 fine.
(h) Willfully failing to comply with Section
							  627.64194 or
							  641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							  459.015(1)(vv),
							 F.S.)
First-time Citation - $250 fine.
Second-time Citation - $1,000 fine.
(4)
				Citations shall be issued to licensees by the Bureau of Investigative Services
				only after review by the legal staff of the Department of Health, Division of
				Regulation. Such review may be by telephone, in writing, or by facsimile
				machine.
(5) The procedures
				described herein apply only for an initial offense of the alleged violation.
				Subsequent violation(s) of the same rule or statute shall require the
				procedures of Section
				 456.073, F.S., to be followed.
				In addition, should an initial offense for which a citation could be issued
				occur in conjunction with other violations, then the procedures of Section
				 456.073, F.S., shall
				apply.
(6) The subject has 30 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 of Health in Tallahassee. A copy of the citation
				shall accompany the payment of the fine.
Rulemaking Authority
					 456.077,
					 459.005,
					 459.023 FS. Law Implemented
					 456.077,
					 459.023
					 FS.
New 8-2-05, Amended
					 5-8-17.