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§ 1399.381. Fines.

16 CA ADC § 1399.381Barclays Official California Code of RegulationsEffective: October 1, 2023

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.6. Respiratory Care Board of California
Article 8. Citations and Fines
Effective: October 1, 2023
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 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.
(c) Administrative fines collected pursuant to this section shall be deposited into the board's special fund.

Credits

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).
3. Amendment of subsection (a) filed 8-10-2023; operative 10-1-2023 (Register 2023, No. 32).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 16, § 1399.381, 16 CA ADC § 1399.381
End of Document