§ 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.

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).

Note

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.