More on the $3000 fine that should be $125.00

More on the $3000 fine that should be $125.00

Jacob Nudelman

3/7/2002

During the Fla O&P Board's explaination of the $3000.00 fine to poor old
Phil, the Orthopedic Technologist, it was mentioned by the Board that doing
cast bracing, even under the supervision of a Doctor, is still practicing
without a license. It is like an X-ray Technologist that must also have a
license to take xrays but has to be supervised by a doctor. That's what a
Board member said during the hearing.

Sounded pretty good. But lets take a further look. Lets agree with the
Boards view. So if the violation is like an Xray Tech kind of thing, then
why not fine them like an Xray Tech kind of thing. Remember, the Board said
their fine was equal to what other Boards were fining for the same
violation.

So I looked up the law of what the fine is for xray technologists working
without a license. Gee, its only $125.00! What's the chance I can make
this stuff up! I also have tried to find, on any of the minutes of any
other Board, where there was someone fined for practicing without a license.
  That was hard to find. But I did find a chiropractor.


Here is the URL of Chapter 64E-3, Florida Administration Code.
Check Paragraph 9 This is the Rad Tech law about fines.

<URL Redacted>

I don't think citing one source is enough. So I looked on the Chiropractor
Board minutes as well. It seems they only fine themselves about $500.00 for
most offenses with continuing edcuation as well.
But I did find one other practicing with out a license case

A Dr. Giovinco (a Chiropractor college grad but yet to take his Florida
state exam) was arrested on March 22nd, 2001 for practicing without a
license. He pleaded Nolo Condendere and was fined $140.00 by the state
atty office.

Then his case went before the Chiropractor Board because he still had to
apply to take the exam. HE RECEIVED NO ADDITIONAL MONEY FINE FROM THE BOARD
AND WAS ALLOWED TO TAKE THE EXAM.

here is the URL of the minutes

<URL Redacted>

If you read more of these minutes from these Boards you will see a lot of
the same administration staff are on a different Boards. Why don't they
inform the professional O&P Board members what the truth is? In the case of
O&P, the fines are excessive for the offences. Especially for Orthotic
Fitter Assistants and Orthotic Fitters. The O&P Board members even asked for
approval from the staff members (Board Counsel and Director) on these
excessive fines and they agreed.

Most of the other Boards seem to think additional required continuing
education is a good fine. This Board thinks money is the answer. I guess
the O&P law IS about money. Maybe their right?






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