Senate Bill sb2816

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2816

    By Senator Alexander





    17-632-04

  1                      A bill to be entitled

  2         An act relating to independent diagnostic

  3         testing facilities; creating part XIV of ch.

  4         400, F.S., entitled the Independent Diagnostic

  5         Testing Facility Act; providing for definitions

  6         and exclusions; providing for the licensure,

  7         inspection, and regulation of independent

  8         diagnostic testing facilities by the Agency for

  9         Health Care Administration; requiring licensure

10         of facilities and background screening of

11         applicants for licensure; providing for

12         facility inspections; providing rulemaking

13         authority; providing licensure fees; providing

14         fines and penalties for operating an unlicensed

15         facility; providing for facility

16         responsibilities with respect to personnel and

17         operations; providing accreditation

18         requirements; providing for injunctive

19         proceedings and agency actions; providing

20         administrative penalties; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Part XIV of chapter 400, consisting of

26  sections 400.996, 400.9961, 400.9962, 400.9963, 400.9964,

27  400.9965, 400.9966, 400.9967, 400.9968, 400.9969, and 400.997,

28  Florida Statutes, is created to read:

29         400.996  Short title; legislative findings.--

30         (1)  This part, consisting of ss. 400.996-400.997, may

31  be cited as the "Independent Diagnostic Testing Facility Act."

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (2)  The Legislature finds that the regulation of

 2  independent diagnostic testing facilities must be improved to

 3  prevent significant cost and harm to consumers. The purpose of

 4  this part is to provide for the licensure of independent

 5  diagnostic testing facilities and enforcement of basic

 6  standards by the Agency for Health Care Administration.

 7         400.9961  Definitions.--As used in this part, the term:

 8         (1)  "Agency" means the Agency for Health Care

 9  Administration.

10         (2)  "Applicant" means an individual owner,

11  corporation, partnership, firm, business, association, or

12  other entity that owns or controls, directly or indirectly, 5

13  percent or more of an interest in an independent diagnostic

14  testing facility and that applies for a facility license, or

15  the general partners, but not the limited partners, in a

16  limited liability partnership.

17         (3)  "Independent diagnostic testing facility" or

18  "facility" means an entity that performs the technical

19  component of magnetic resonance imaging, static radiographs

20  (static X-ray), computer tomography, or position emission

21  tomography in a fixed facility, and:

22         (a)  Is accredited by the Joint Commission on

23  Accreditation of Healthcare Organizations or the American

24  College of Radiology within 1 year after licensure;

25         (b)  Does not accept patient referrals prohibited by s.

26  456.053(5);

27         (c)  Does not provide therapy or treatment services to

28  patients who are provided diagnostic imaging services;

29         (d)  Does not have an investor as defined in s.

30  456.053(3)(l);

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (e)  Does not employ, contract with, or have as an

 2  investor:

 3         1.  A person or entity that is directly or indirectly

 4  an investor in a clinic as defined in s. 400.9905(3); or

 5         2.  A person or entity that directly or indirectly

 6  provides services to a clinic if the services include the

 7  referral as defined by s. 456.053(3)(0) of patients to any

 8  provider of diagnostic imaging services; and

 9         (f)  Is not a clinic as defined in s. 400.9905(3).

10  

11  The facility may provide the professional components of the

12  imaging services through an employee or independent

13  contractor.

14         400.9962  License requirements; background screenings;

15  prohibitions.--

16         (1)  Each facility must be licensed and shall at all

17  times maintain a valid license with the agency. Each facility

18  location shall be licensed separately regardless of whether

19  the facility is operated under the same business name or

20  management as another facility.

21         (2)  The initial facility license application shall be

22  filed with the agency by all facilities on or before March 1,

23  2005. A facility license must be renewed biennially.

24         (3)  An applicant that submits an application on or

25  before March 1, 2005, which meets all requirements for initial

26  licensure as specified in this section shall receive a

27  temporary license until the completion of an initial

28  inspection verifying that the applicant meets all requirements

29  in rules authorized by s. 400.9965. However, a facility

30  engaged in magnetic resonance imaging services may not receive

31  a temporary license unless it presents evidence satisfactory

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  to the agency that the facility is making a good faith effort

 2  and substantial progress in seeking accreditation required

 3  under s. 400.9967.

 4         (4)  An application for an initial facility license or

 5  for renewal of an existing license shall be notarized on a

 6  form furnished by the agency and must be accompanied by the

 7  appropriate license fee as provided in s. 400.9965. The agency

 8  shall take final action on an initial license application

 9  within 60 days after receipt of all required documentation.

10         (5)  The application must contain information that

11  includes, but need not be limited to, information pertaining

12  to the name, residence and business address, phone number,

13  social security number, and license number of the facility

14  director, each licensed medical provider employed or under

15  contract with the facility, and each person who, directly or

16  indirectly, owns or controls 5 percent or more of an interest

17  in the facility, the general partners, in a limited liability

18  partnership.

19         (6)  The applicant must file with the application

20  satisfactory proof that the facility is in compliance with

21  this part and applicable rules, including:

22         (a)  A listing of services to be provided directly by

23  the applicant or through contractual arrangements with

24  existing providers;

25         (b)  The number and discipline of each professional

26  staff member to be employed; and

27         (c)  Proof of financial ability to operate. An

28  applicant must demonstrate financial ability to operate a

29  facility by submitting a balance sheet and an income and

30  expense statement for the first year of operation which

31  provide evidence of the applicant's having sufficient assets,

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  credit, and projected revenues to cover liabilities and

 2  expenses. The applicant has demonstrated financial ability to

 3  operate if the applicant's assets, credit, and projected

 4  revenues meet or exceed projected liabilities and expenses.

 5  All documents required under this subsection must be prepared

 6  in accordance with generally accepted accounting principles,

 7  may be in a compilation form, and the financial statement must

 8  be signed by a certified public accountant. As an alternative

 9  to submitting a balance sheet and an income and expense

10  statement for the first year of operation, the applicant may

11  file a surety bond of at least $500,000, payable to the agency

12  which guarantees that the facility will act in full conformity

13  with all legal requirements for operating a facility. The

14  agency may adopt rules to specify related requirements for the

15  surety bond.

16         (7)  Each applicant for licensure shall comply with the

17  requirements of this subsection.

18         (a)  As used in this subsection, the term "applicant"

19  means individuals owning or controlling, directly or

20  indirectly, 5 percent or more of an interest in a facility;

21  the facility director, or a similarly titled person who is

22  responsible for the day-to-day operation of the licensed

23  facility; the financial officer or similarly titled individual

24  who is responsible for the financial operation of the

25  facility; and the licensed medical providers at the facility.

26         (b)  Upon receipt of a completed, signed, and dated

27  application, the agency shall require background screening of

28  the applicant, in accordance with the level 2 standards for

29  screening set forth in chapter 435. Proof of compliance with

30  the level 2 background screening requirements of chapter 435

31  which has been submitted within the previous 5 years in

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  compliance with any other health care licensure requirements

 2  of this state is acceptable in fulfillment of this paragraph.

 3         (c)  Each applicant must submit to the agency, with the

 4  application, a description and explanation of any exclusions,

 5  permanent suspensions, or terminations of an applicant from

 6  the Medicare or Medicaid programs. Proof of compliance with

 7  the requirements for disclosure of ownership and control

 8  interest under the Medicaid or Medicare programs may be

 9  accepted in lieu of this submission. The description and

10  explanation may indicate whether the exclusions, suspensions,

11  or terminations were voluntary or involuntary on the part of

12  the applicant.

13         (d)  A license may not be granted to a facility if the

14  applicant has been found guilty of, regardless of

15  adjudication, or has entered a plea of nolo contendere or

16  guilty to, any offense prohibited under the level 2 standards

17  for screening set forth in chapter 435, or a violation of

18  insurance fraud under s. 817.234, within the past 5 years. If

19  the applicant has been convicted of an offense prohibited

20  under the level 2 standards or insurance fraud in any

21  jurisdiction, the applicant must show that his or her civil

22  rights have been restored prior to submitting an application.

23         (e)  The agency may deny or revoke licensure if the

24  applicant has falsely represented any material fact or omitted

25  any material fact from the application required by this part.

26         (8)  Requested information omitted from an application

27  for licensure, license renewal, or transfer of ownership must

28  be filed with the agency within 21 days after receipt of the

29  agency's request for omitted information, or the application

30  shall be deemed incomplete and shall be withdrawn from further

31  consideration.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (9)  The failure to timely file a renewal application

 2  shall result in a late fee charged to the facility in an

 3  amount equal to 50 percent of the current license fee.

 4         400.9963  Facility inspections; emergency suspension;

 5  costs.--

 6         (1)  Any authorized officer or employee of the agency

 7  shall make inspections of the facility as part of the initial

 8  license application or renewal application. The application

 9  for a facility license issued under this part or for a renewal

10  license constitutes permission for an appropriate agency

11  inspection to verify the information submitted on or in

12  connection with the application or renewal.

13         (2)  An authorized officer or employee of the agency

14  may make unannounced inspections of facilities licensed under

15  this part as necessary to determine that the facility is in

16  compliance with this part and with applicable rules. A

17  licensed facility shall allow full and complete access to the

18  premises and to billing records or information to any

19  representative of the agency who makes an inspection to

20  determine compliance with this part and with applicable rules.

21         (3)  Failure by a facility licensed under this part to

22  allow full and complete access to the premises and to billing

23  records or information to any representative of the agency who

24  makes a request to inspect the facility to determine

25  compliance with this part constitutes a ground for emergency

26  suspension of the license by the agency under s. 120.60(6).

27         (4)  In addition to any administrative fines imposed,

28  the agency may assess a fee equal to the cost of conducting a

29  complaint investigation.

30         400.9964  License renewal; transfer of ownership;

31  provisional license.--

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (1)  An application for license renewal must contain

 2  information as required by the agency.

 3         (2)  Ninety days before the expiration date, an

 4  application for renewal must be submitted to the agency.

 5         (3)  The facility must file with the renewal

 6  application satisfactory proof that it is in compliance with

 7  this part and applicable rules. If there is evidence of

 8  financial instability, the facility must submit satisfactory

 9  proof of its financial ability to comply with the requirements

10  of this part.

11         (4)  When transferring the ownership of a facility, the

12  transferee must submit an application for a license at least

13  60 days before the effective date of the transfer. An

14  application for change of ownership of a facility is required

15  only when 45 percent or more of the ownership, voting shares,

16  or controlling interest of a facility is transferred or

17  assigned, including the final transfer or assignment of

18  multiple transfers or assignments over a 2-year period which

19  cumulatively total 45 percent or greater.

20         (5)  The license may not be sold, leased, assigned, or

21  otherwise transferred, voluntarily or involuntarily, and is

22  valid only for the facility owners and location for which

23  originally issued.

24         (6)  A facility against whom a revocation or suspension

25  proceeding is pending at the time of license renewal may be

26  issued a provisional license effective until final disposition

27  by the agency of the proceedings. If judicial relief is sought

28  from the final disposition, the agency that has jurisdiction

29  may issue a temporary permit for the duration of the judicial

30  proceeding.

31         400.9965  Rulemaking authority; license fees.--

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (1)  The agency shall adopt rules necessary to

 2  administer the facility administration, regulation, and

 3  licensure program, including rules establishing the specific

 4  licensure requirements, procedures, forms, and fees. It shall

 5  adopt rules establishing a procedure for the biennial renewal

 6  of licenses. The agency may issue initial licenses for less

 7  than the full 2-year period by charging a prorated licensure

 8  fee and specifying a different renewal date than would

 9  otherwise be required for biennial licensure. The rules shall

10  specify the expiration dates of licenses, the process of

11  tracking compliance with financial responsibility

12  requirements, and any other conditions of renewal required by

13  law or rule.

14         (2)  License application and renewal fees must be

15  reasonably calculated by the agency to cover its costs in

16  carrying out its responsibilities under this part, including

17  the cost of licensure, inspection, and regulation of

18  facilities. The total fees collected may not exceed the cost

19  of administering and enforcing compliance with this part.

20  Facility licensure fees are nonrefundable and may not exceed

21  $2,000. The agency shall adjust the license fee annually by

22  not more than the change in the Consumer Price Index based on

23  the 12 months immediately preceding the increase. All fees

24  collected under this part must be deposited in the Health Care

25  Trust Fund for the administration of this part.

26         400.9966  Unlicensed facilities; penalties; fines;

27  verification of licensure status.--

28         (1)  A person may not own, operate, or maintain a

29  facility without obtaining a license under this part.

30         (2)  Any person who owns, operates, or maintains an

31  unlicensed facility commits a felony of the third degree,

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  punishable as provided in s. 775.082, s. 775.083, or s.

 2  775.084. Each day of continued operation is a separate

 3  offense.

 4         (3)  Any person found guilty of violating subsection

 5  (2) a second or subsequent time commits a felony of the second

 6  degree, punishable as provided under s. 775.082, s. 775.083,

 7  or s. 775.084. Each day of continued operation is a separate

 8  offense.

 9         (4)  Any person who owns, operates, or maintains an

10  unlicensed facility due to a change in this part or a

11  modification in agency rules within 6 months after the

12  effective date of the change or modification and who, within

13  10 working days after receiving notification from the agency,

14  fails to cease operation or to apply for a license under this

15  part commits a felony of the third degree, punishable as

16  provided in s. 775.082, s. 775.083, or s. 775.084. Each day of

17  continued operation is a separate offense.

18         (5)  Any facility that fails to cease operation after

19  agency notification may be fined for each day of noncompliance

20  under this part.

21         (6)  When a person has an interest in more than one

22  facility and fails to obtain a license for any one of these

23  facilities, the agency may revoke the license, impose a

24  moratorium, or impose a fine under this part on any or all of

25  the licensed facilities until the unlicensed facility is

26  licensed or ceases operation.

27         (7)  Any person aware of the operation of an unlicensed

28  facility must report that facility to the agency.

29         (8)  Any health care provider who is aware of the

30  operation of an unlicensed facility shall report that facility

31  to the agency. Failure to report a facility that the provider

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  knows or has reasonable cause to suspect is unlicensed shall

 2  be reported to the provider's licensing board.

 3         (9)  The agency may not issue a license to a facility

 4  that has any unpaid fines assessed under this part.

 5         400.9967  Facility responsibilities.--

 6         (1)  Each facility shall appoint a facility director

 7  who shall agree in writing to accept legal responsibility for

 8  the following activities on behalf of the facility. The

 9  facility director shall:

10         (a)  Have signs identifying the facility director

11  posted in a conspicuous location within the facility readily

12  visible to all patients.

13         (b)  Ensure that all practitioners providing health

14  care services or supplies to patients maintain a current

15  active and unencumbered Florida license.

16         (c)  Review any patient referral contracts or

17  agreements executed by the facility.

18         (d)  Ensure that all health care practitioners at the

19  facility have active appropriate certification or licensure

20  for the level of care being provided.

21         (e)  Serve as the facility records owner as defined in

22  s. 456.057.

23         (f)  Ensure compliance with the recordkeeping, office

24  surgery, and adverse incident reporting requirements of

25  chapter 456, the respective practice acts, and rules adopted

26  under this part.

27         (g)  Conduct systematic reviews of facility billings to

28  ensure that the billings are not fraudulent or unlawful. Upon

29  discovery of an unlawful charge, the facility director shall

30  take immediate corrective action.

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (2)  Any business that becomes a facility after

 2  commencing operations must, within 5 days after becoming a

 3  facility, file a license application under this part and is

 4  subject to all provisions of this part applicable to a

 5  facility.

 6         (3)  All charges or reimbursement claims made by or on

 7  behalf of a facility that is required to be licensed under

 8  this part, but that is not so licensed, or that is otherwise

 9  operating in violation of this part, are unlawful charges, and

10  are noncompensable and unenforceable.

11         (4)  Any person establishing, operating, or managing an

12  unlicensed facility that is required to be licensed under this

13  part, or any person who knowingly files a false or misleading

14  license application or license renewal application, or false

15  or misleading information related to the application or

16  department rule, commits a felony of the third degree,

17  punishable as provided in s. 775.082, s. 775.083, or s.

18  775.084.

19         (5)  Any licensed health care provider who violates

20  this part is subject to discipline in accordance with this

21  chapter and his or her respective practice act.

22         (6)  The agency may fine, or suspend or revoke the

23  license of, any facility licensed under this part for

24  operating in violation of the requirements of this part or the

25  rules adopted by the agency.

26         (7)  The agency shall investigate allegations of

27  noncompliance with this part and the rules adopted under this

28  part.

29         (8)  Any person or entity providing health care

30  services which is not a facility may voluntarily apply for a

31  certificate of exemption from licensure under its exempt

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  status with the agency on a form that sets forth its name or

 2  names and addresses, a statement of the reasons why it cannot

 3  be defined as a facility, and other information deemed

 4  necessary by the agency.

 5         (9)  The facility shall display its license in a

 6  conspicuous location within the facility readily visible to

 7  all patients.

 8         (10)(a)  Each facility engaged in magnetic resonance

 9  imaging services must be accredited by the Joint Commission on

10  Accreditation of Healthcare Organizations, the American

11  College of Radiology, or the Accreditation Association for

12  Ambulatory Health Care, within 1 year after licensure.

13  However, a facility may request a single, 6-month extension if

14  it provides evidence to the agency establishing that, for good

15  cause shown, the facility cannot be accredited within 1 year

16  after licensure, and that the accreditation will be completed

17  within the 6-month extension. After obtaining accreditation as

18  required by this subsection, each facility must maintain

19  accreditation as a condition of renewal of its license.

20         (b)  The agency may disallow the application of any

21  entity formed for the purpose of avoiding compliance with the

22  accreditation provisions of this subsection and whose

23  principals were previously principals of an entity that was

24  unable to meet the accreditation requirements within the

25  specified timeframes.

26         (c)  The agency shall give full faith and credit

27  pertaining to any past variance and waiver granted to a

28  magnetic resonance imaging facility from rule 64-2002, Florida

29  Administrative Code, by the Department of Health, until

30  September 2006. After that date, the facility must request a

31  variance and waiver from the agency under s. 120.542.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         400.9968  Injunctions.--

 2         (1)  The agency may institute injunctive proceedings in

 3  a court of competent jurisdiction in order to:

 4         (a)  Enforce the provisions of this part or any minimum

 5  standard, rule, or order issued or entered into under this

 6  part if the attempt by the agency to correct a violation

 7  through administrative fines has failed; if the violation

 8  materially affects the health, safety, or welfare of facility

 9  patients; or if the violation involves any operation of an

10  unlicensed facility.

11         (b)  Terminate the operation of a facility if a

12  violation of any provision of this part, or any rule adopted

13  under this part, materially affects the health, safety, or

14  welfare of facility patients.

15         (2)  Such injunctive relief may be temporary or

16  permanent.

17         (3)  If action is necessary to protect facility

18  patients from life-threatening situations, the court may allow

19  a temporary injunction without bond upon proper proof being

20  made. If it appears by competent evidence or a sworn,

21  substantiated affidavit that a temporary injunction should be

22  issued, the court, pending the determination on final hearing,

23  shall enjoin operation of the facility.

24         400.9969  Agency actions.--Administrative proceedings

25  challenging agency licensure enforcement action shall be

26  reviewed on the basis of the facts and conditions that

27  resulted in the agency action.

28         400.997  Agency administrative penalties.--

29         (1)  The agency may impose administrative penalties

30  against a facility of up to $5,000 per violation for

31  violations of the requirements of this part. In determining if

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1  a penalty is to be imposed and in fixing the amount of the

 2  fine, the agency shall consider the following factors:

 3         (a)  The gravity of the violation, including the

 4  probability that death or serious physical or emotional harm

 5  to a patient will result or has resulted, the severity of the

 6  action or potential harm, and the extent to which the

 7  provisions of the applicable laws or rules were violated.

 8         (b)  Actions taken by the owner or the facility

 9  director to correct violations.

10         (c)  Any previous violations.

11         (d)  The financial benefit to the facility of

12  committing or continuing the violation.

13         (2)  Each day of continuing violation after the date

14  fixed for termination of the violation, as ordered by the

15  agency, constitutes an additional, separate, and distinct

16  violation.

17         (3)  Any action taken to correct a violation shall be

18  documented in writing by the owner or facility director and

19  verified through followup visits by agency personnel. The

20  agency may impose a fine and, in the case of an owner-operated

21  facility, revoke or deny a facility's license when an owner or

22  facility director fraudulently misrepresents actions taken to

23  correct a violation.

24         (4)  For fines that are upheld following administrative

25  or judicial review, the violator shall pay the fine, plus

26  interest at the rate as specified in s. 55.03, for each day

27  beyond the date set by the agency for payment of the fine.

28         (5)  Any unlicensed facility that continues to operate

29  after agency notification is subject to a fine of $1,000 per

30  day.

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1         (6)  Any licensed facility whose owner or facility

 2  director concurrently operates an unlicensed facility shall be

 3  subject to an administrative fine of $5,000 per day.

 4         (7)  Any facility whose owner fails to apply for a

 5  change-of-ownership license in accordance with s. 400.9964 and

 6  operates the facility under the new ownership is subject to a

 7  fine of $5,000.

 8         (8)  The agency, as an alternative to or in conjunction

 9  with an administrative action against a facility for

10  violations of this part and adopted rules, shall make a

11  reasonable attempt to discuss each violation and recommended

12  corrective action with the owner or facility director prior to

13  written notification. The agency, instead of fixing a period

14  within which the facility shall enter into compliance with

15  standards, may request a plan of corrective action from the

16  facility which demonstrates a good faith effort to remedy each

17  violation by a specific date, subject to the approval of the

18  agency.

19         (9)  Administrative fines paid by any facility under

20  this section shall be deposited into the Health Care Trust

21  Fund.

22         Section 2.  This act shall take effect October 1, 2004.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2816
    17-632-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Creates part XIV of ch. 400, F.S., entitled the
      Independent Diagnostic Testing Facility Act. Provides for
 4    definitions and exclusions. Provides for the licensure,
      inspection, and regulation of independent diagnostic
 5    testing facilities by the Agency for Health Care
      Administration. Requires licensure and background
 6    screening. Provides for facility inspections and
      rulemaking authority. Provides for licensure fees.
 7    Authorizes fines and penalties for operating an
      unlicensed facility. Directs facility responsibilities
 8    with respect to personnel and operations. Provides
      accreditation requirements. Provides for injunctive
 9    proceedings and agency actions. Authorizes administrative
      penalties.
10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.