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§ 1399.381. Fines.

16 CA ADC § 1399.381BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 13.6. Respiratory Care Board of California
Article 8. Citations and Fines
16 CCR § 1399.381
§ 1399.381. Fines.
(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 prescriptions/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
3750.5 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.
(c) Administrative fines collected pursuant to this section shall be deposited into the board's special fund.
Note: Authority cited: Sections 125.9 and 3722, Business and Professions Code. Reference: Sections 125.9, 3717, 3731, 3739, 3750, 3750.5, 3750.6, 3753.1, 3753.5, 3754.5, 3755, 3758, 3758.5, 3758.6, 3760, 3761, 3766, 3767 and 3773, Business and Professions Code.
HISTORY
1. New section filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
2. Repealer and new section and amendment of Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
This database is current through 7/7/17 Register 2017, No. 27
16 CCR § 1399.381, 16 CA ADC § 1399.381
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