Page 15
Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S. (5) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Department to send a letter of guidance pursuant to Section Page 19 of 26 456.073(4), F.S., in any case for which it finds such action appropriate. (6) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate. Rulemaking Authority 456.079, 468.365(4) FS. Law Implemented 456.072, 468.365 FS. History–New 4-29-85, Formerly 21M-37.01, 21M-37.001, Amended 1-3-94, Formerly 61F6-37.001, 59R-74.001, 64B8-74.001, Amended 5-5-02, 12-5-04, 5- 15-05, 2-23-06, 3-29-07, 5-4-10. 64B32-5.002 Payment of Fine. All fines imposed by the Board shall be paid within thirty (30) days from the date of the final order entered by the Board unless the final order extends the deadline in any given case. Specific Authority 456.072(4), 468.365(4) FS. Law Implemented 456.072(4), 468.365(2)(c) FS. History–New 6-9-99, Formerly 64B8-74.005. 64B32-5.003 Unprofessional Conduct; Acceptable Standards Definition. (1) A licensee is guilty of unprofessional conduct, which is defined as any departure from, or failure to conform to, acceptable standards related to the delivery of respiratory care services. Some examples of unprofessional conduct shall include the following acts: (a) Violating the confidentiality of information or knowledge concerning a patient. (b) Falsely misrepresenting the facts on an application for employment as a respiratory therapist. (c) Leaving a respiratory therapy assignment before properly advising appropriate supervisory personnel. (d) Providing false or incorrect information to an employer regarding the status of the certification, registration, or licensure. (e) Failing to report another licensee in violation of the laws and/or rules pertaining to the profession. (f) Using foul or abusive language in patient care or public areas. (2) Acceptable standards means practicing respiratory care with the level of care, skill, and treatment which is recognized by a reasonably prudent respiratory therapist as being acceptable under similar conditions and circumstances. Specific Authority 468.353(1), 468.365(1)(f) FS. Law Implemented 468.365(1)(f) FS. History–New 4-29-85, Formerly 21M37.02, 21M-37.002, 61F6-37.002, 59R-74.002, 64B8-74.002, Amended 1-6-02, 12-26-05. 64B32-5.004 Code of Ethics. The Code of Ethics of the American Association for Respiratory Care (AARC) is adopted by reference as the Code of Ethics under this act. Specific Authority 468.354(5)(a) FS. Law Implemented 468.354(5)(a) FS. History–New 4-29-85, Formerly 21M-37.03, 21M37.003, 61F6-37.003, 59R-74.003, 64B8-74.003. 64B32-5.005 HIV/AIDS: Knowledge of Antibody Status, Action to Be Taken. The Board strongly urges all licensees under its jurisdiction who are involved in invasive procedures to undergo testing to determine their HIV status. In the event a licensee tests positive, the licensee must enter and comply with the requirements of the Physician Recovery Network. Specific Authority 456.032 FS. Law Implemented 456.032, 468.365(1)(x) FS. History–New 11-9-92, Formerly 21M-37.004, 61F6-37.004, 59R-74.004, 64B8-74.004. 64B32-5.006 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the Department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. When an offense subject to mediation is also a citation violation, the mediator shall be informed regarding the citation penalty for the offense. (2) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation: (a) First time violations of subsection 64B32-6.001(2), F.A.C., failure to