Current through Reg. 50, No. 187; September 24, 2024
(1) For purposes of Section
456.073(3),
F.S., the Board finds the following list to be first time minor offenses. A
minor offense is defined as an offense where there is no danger to public
health, safety, and welfare and no indication of a serious inability to
practice the profession, appropriate for notices of noncompliance. A notice of
noncompliance in lieu of other action is authorized only if the violation is
not a repeat violation and only if there is only one violation. If there are
multiple violations, then the Department may not issue a notice of
noncompliance, but must prosecute the violations under the other provisions of
Section 456.073, F.S. There are only two
exceptions to the prohibition against use of a notice of noncompliance when
there is more than one violation. The first is that a notice of noncompliance
may be issued to a registered dispensing practitioner for a first time
violation of one or more of the violations listed in paragraph (2)(b),
subparagraphs 2., 3., if there is no evidence of diversion. The second is that
a notice of noncompliance may be issued to a licensee for a first time
violation of one or both of the violations listed in paragraph (2)(c). Failure
of a licensee to take action in correcting the violation within 15 days after
notice may result in the institution of regular disciplinary
proceedings.
(2) The following
violations are those for which the Board authorizes the Department to issue a
notice of noncompliance.
(a) Advertising
offenses specified herein.
1. Section
459.015(1)(d),
F.S., which provides for physician discipline when the physician is found
guilty of false, deceptive, or misleading advertising. The only type of false,
deceptive, or misleading advertising which would be resolved by a notice of
noncompliance would be advertising which is false, deceptive, or misleading
because it fails to list the name of the physician conspicuously in the
advertisement contrary to subsection
64B15-14.001(2),
F.A.C. This would also be a violation of Section
459.015(1)(pp),
F.S., which provides for physician discipline when a physician is found guilty
of, among other things, violating a rule of the board.
2. Section
459.015(1)(g),
F.S., which provides for physician discipline when the physician is found
guilty of failing to perform a statutory or legal obligation placed upon a
licensed physician. The specific statutory obligation related to advertising,
which, if not performed might merit the issuance of a notice of noncompliance,
would be a failure to perform the statutory obligation set forth in Section
456.062, F.S., provides that a
specific disclosure statement must appear in any advertisement for a free,
discounted fee, or reduced fee service, examination or treatment by a health
care practitioner licensed pursuant to Chapter 459, F.S.
(b) Failure to perform one of the following
statutory or legal obligations:
1. Failing to
maintain records relating to the receipt and disposition of controlled
substances, and the required biennial inventory, as provided for in Section
893.07, F.S. This violation may
be resolved by a notice of noncompliance only if the whereabouts of the drugs
can be accounted for by other means and there is no evidence of
diversion.
2. Failing to, before
dispensing any drug, give the patient a written prescription and orally or in
writing advise the patient that the prescription may be filled in the
practitioner's office or at any pharmacy, in violation of Section
465.0276(2)(c),
F.S. This applies to dispensing practitioners only.
3. Dispensing medication without proper
labeling, contrary to the provisions of Section
893.05(2), F.S.
This applies to dispensing practitioners only.
4. Failing to comply with the provisions of
Sections 381.026 and
381.0261, F.S., to provide
patients with information about their patient rights and how to file a patient
complaint.
5. Failing to timely
provide medical records upon written request to a patient or a patient's legal
representative within 30 days, contrary to the provisions of Section
456.057, F.S., and Rule
64B15-15.003, F.A.C. This
violation may be resolved by a notice of noncompliance only if the medical
records were provided to the requestor within 60 days of the request.
6. Failing to update the practitioner's
profile as required by Sections
456.039(3) and
459.008, F.S., except that a
notice of noncompliance is not authorized for failing to update the
practitioner profile for items in Sections 456.039(1)(a)7. and 456.039(1)(a)8.,
F.S.
7. Failing to submit notice to
the Board when a physician enters into a formal supervisory relationship or
standing orders with an emergency medical technician or paramedic licensed
pursuant to Section 401.27, F.S., or when the
physician enters into an established protocol with an advanced registered nurse
practitioner, as set forth in Section
464.012, F.S.
8. Failure to comply with the provisions of
Section 456.44(7)(c),
F.S., to inform the patient of nonopioid alternatives for the treatment of
pain, to discuss the advantages and disadvantages of the use of nonopioid
alternatives, to provide the Department's educational pamphlet, or to document
the nonopioid alternatives in the patient's record.
(c) Violating any of the following provisions
of Chapter 459, F.S., as prohibited by Section
459.015(1)(pp),
F.S.:
1. Section
459.013, F.S., which provides
for criminal penalties for the practice of medicine without an active license.
A notice of noncompliance would be issued for this violation only if the
subject of the investigation met the following criteria: the subject must be
the holder of a license to practice medicine at all time material to the
matter; that license is otherwise in good standing; and that license must be
renewed and placed in an active status within 90 days of becoming delinquent.
If the license was delinquent for more than 90 days and the individual
continued to practice, then the matter would proceed under the other provisions
of section 456.073, F.S.
2. Failing to notify the Board of a change of
practice location, contrary to Sections
459.008(3) and
456.035(1),
F.S.
(d) Failing to
submit documentation to the Department within 14 days of issuing a
certification as required under Section
381.986(4)(b),
F.S.
Rulemaking Authority 120.695, 456.073(3), 459.005 FS. Law
Implemented 120.695, 456.073(3) FS.
New 1-19-17, Amended 8-9-18,
11-19-19.
