64B24-8.003: Citation Violations
PURPOSE AND EFFECT: To designate those violations for which a citation is an appropriate penalty and may be issued and the amount of fine or other penalty to be imposed.
SUMMARY: The rule designates the fine amounts and that citations shall be issued for failure to pay the one time fee assessment as well as for other first-time failures to adhere to professional conduct or to provide identification where there is no patient harm.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: (a) There are approximately 126 midwives licensed under Chapter 466, Florida Statutes, with active licenses who would be offered the opportunity to accept a citation for the listed offenses rather than face the full disciplinary process for a violation. Some of these licensees fall under the definition of a small business.
(b) The costs to the agency for issuing citations to licensed midwives are no greater than for the other professions for which citations are routinely offered. For the agency, the costs involved with issuing citations are lower than the costs for imposing discipline under Section 456.073, Florida Statutes.
(c) Transactional costs for all involved are lower than the costs when discipline is imposed in accordance with Section 456.073, Florida Statutes.
(d) To the extent that any licensed midwives are small businesses, it is anticipated that the costs are far lower than the costs of litigation or proceeding under Section 456.073, Florida Statutes; however, any person who is offered a citation, has the option to refuse to accept a citation and to proceed under the normal disciplinary process.
(e) Thus far, the department has not received from any person a good faith written proposal for a lower cost regulatory alternative.
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.
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: 456.072(3), 456.077, 467.005 FS.
LAW IMPLEMENTED: 456.072(3), 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: Christy Robinson, Acting Executive Director, 4052 Bald Cypress Way, Bin #C-06, Tallahassee, Florida 32399-3256
THE FULL TEXT OF THE PROPOSED RULE IS:
64B24-8.003 Citations.
(1) The Department designates the following as citation violations:
(a) Failure to pay the one time fee assessment by December 31, 2008 – $100 fine.
(b) Failure to notify the Department of a change of address within 60 days – $100 fine.
(c) First-time failure to complete the continuing education requirements within the biennium as required by Section 467.012(3), F.S. and Rule 64B24-6.001, F.A.C. – $25 fine per continuing education hour plus proof of completing the continuing education within three months.
(d) First-time engagement in unprofessional conduct under Section 467.203(1)(f), F.S. where no patient harm occurred – $300 fine.
(e) First-time failure to maintain proof of professional liability insurance for less than three months – $200 fine.
(f) First-time printing or publication of a misleading or deceptive advertisement – $150 fine.
(g) Failure to identify through written notice, or name tag, or orally to a patient that the practitioner is a licensed midwife – $100 fine.
(2) The penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.
(3) If the subject does not dispute the citation within 30 days after service, the citation becomes a final order of the Department.
Specific Authority 456.072(3), 456.077, 467.005 FS. Law Implemented 456.072(3), 456.077 FS. History–New________.