Current through Reg. 50, No. 187; September 24, 2024
(1) "Citation"
means an instrument which meets the requirements set forth in Section
456.077, F.S., and which is
served upon a licensee for the purpose of assessing a penalty in an amount
established by this rule.
(2) In
lieu of the disciplinary procedures contained in Section
456.073, F.S., the Department
may issue a citation to the subject within six months after the filing of the
complaint which is the basis for the citation.
(3) The citation may be served upon the
licensee by personal service or certified mail, restricted delivery, at the
licensee's last known address.
(4)
The Board designates the following as citation violations:
(a) Practicing with an inactive license, up
to six months, for which the Board shall impose a $100 per month penalty for
each full month or partial month that the license is inactive.
(b) Practicing with a delinquent license, up
to six months, for which the Board shall impose a $100 per month penalty for
each full month or partial month the license is delinquent.
(c) Practicing with a retired status license,
up to six months, for which the Board shall impose a $100.00 per month penalty
for each full month or partial month the license is in retired
status.
(d) Violating Section
468.217(1)(a),
F.S., by submitting a worthless check to the Board or the Department. The
penalty shall be $100.00 dollars, replacement of the amount of the check if a
license was issued based on it, and costs incurred by processing the check. All
payments due based on the citation shall be paid within 30 days of the date the
citation is filed.
(e) First time
failure to complete required continuing education hours, which includes but is
not limited to required HIV/AIDS, during the biennial licensure period. The
fine shall be $50.00 per hour for each hour of deficiency, up to a maximum fine
of $1, 000.00. In addition, licensees shall make up the deficient continuing
education and take one additional hour of continuing education for each of the
continuing education deficiencies, which shall not count towards meeting the
continuing education renewal requirements for the next biennium. All such made
up continuing education hours and additional continuing education hours shall
be completed and documentation of same shall be provided to the department
within 90 days of the date the citation is filed.
(f) Failure to maintain on file a current
address, or failure to timely notify the Board of a change of address, as
required by Rule 64B11-4.007, F.A.C.
(g) Failure to timely provide records to a
patient or patient's legal representative upon request as required by Section
456.057(6),
F.S., for which the Board shall impose a $100.00 fine per week for each full
week the records are not provided, up to a maximum of $500.00.
(h) Overcharging a patient or patient's legal
representative for medical records, for which the Board shall impose a $100.00
fine;
(i) Failure to timely pay
fines and costs, for which the Board shall impose a $100.00 fine per month for
each full and partial month the fine or costs are overdue; and,
(j) Advertising violations, for which the
Board shall impose a $100.00 fine per violation.
(5) The penalty specified in the citation
shall be the sum of the penalty established by this rule plus the Department's
costs of investigation and prosecution as described in Section
456.072(4),
F.S.
(6) If the subject disputes
any matter contained in the citation, within thirty days after service, the
Department shall follow the procedure set forth in Section
456.073, F.S. Otherwise, the
citation shall become a final order of the Board.
Rulemaking Authority
456.077,
468.204 FS. Law Implemented
456.072,
456.077
FS.
New 1-1-92, Formerly 21M-15.005, 61F6-15.005, Amended
11-13-96, Formerly 59R-63.005, Amended 2-20-02, 7-26-04, 8-2-05, 5-29-06,
4-10-08, 1-12-09, 8-3-14.
