Current through Reg. 50, No. 187; September 24, 2024
(1) As used in this
rule, "citation" means an instrument which meets the requirements set forth in
Section 456.077, F.S., and which is
served upon a licensee or certificateholder 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 is
hereby authorized to dispose of any violation designated herein by issuing a
citation to the subject for a complaint that is the basis for the
citation.
(3) The following
violations with accompanying fines may be disposed of by citation.
(a) Falsely certifying compliance with
required continuing medical education hours for the purpose of renewing a
license or certificate. The fine shall be $2, 000.
(b) Failure to keep current mailing or
practice address on file with the Board. The fine shall be $250.
(c) Failure to register as a dispensing
practitioner. The fine shall be $500.
(d) Failure of the licensee to satisfy
continuing education hours. The fine shall be $75 for each hour not completed
or completed late. In addition, the licensee shall make up all hours not
completed, and such hours shall not be counted toward the current renewal
cycle.
(e) Failure to report to the
Board within 30 days after the licensee has been convicted or found guilty of,
or entered a plea of nolo contendere to, regardless of adjudication, a crime in
any jurisdiction. The fine shall be $800.00.
(f) Failure to conspicuously list the name of
the osteopathic physician in an advertisement as required in paragraph
64B15-14.001(2)(k),
F.A.C. The fine shall be $500.00.
(g) Advertising or holding oneself out as a
board-certified specialist, if not qualified under Section
459.0152, F.S. The fine shall be
$1, 500.00.
(h) Failure to include
the disclosure statement in an advertisement as required in Section
456.062, F.S. The fine shall be
$750.00.
(i) Failure to timely
provide medical records, upon request to a patient or a patient's legal
representative. The fine shall be $500.00.
(j) Charging copying fees for patient records
in violation of Rule 64B15-15.003, F.A.C. The fine
shall be $750.00.
(k) Failure to
update physician profile as required in Sections
456.039(3) and
459.008, F.S. The fine shall be
$50 per day not in compliance not to exceed $5, 000.00.
(l) Failure to comply with Section
381.0261, F.S., by failing to
inform patients of the address and telephone number of the agency responsible
for responding to patient complaints or failure to make available a summary of
rights to patients as required in Sections
459.015(1)(g)
and 456.072(1)(k),
F.S.; Section 381.0261(4)(b),
F.S. The fine shall be $100 non-willful and $500 willful.
(m) Failure to report another licensee in
violation; Sections 456.072(1)(i)
and 459.015(1)(e),
F.S. The fine shall be $500.00.
(n)
Allowing a physician in training who has failed to register as required in
Section 459.021, F.S., to practice
medicine. The director of medical education in the training program shall be
fined $500.00 for violating Section
456.072(1)(j),
F.S.
(o) Failure to comply with the
guidelines for the use of obesity drugs in instances which do not result in
patient harm. The fine shall be $500.00.
(p) Failure to pay fine or costs imposed by
Board Order within 30 days of the due date of the fine or costs. The fine shall
be $1, 000.00.
(q) Negligently
failing to file a report or record required by state or federal law. The fine
shall be $500.00.
(r) Failure of
the designated physician in pain management clinic to submit the data required
by Sections 459.0137(2)(j)2. and
459.015(1)(g),
F.S. The fine shall be $1, 000.00 and a requirement to submit the delinquent
data within 30 days.
(s) Willfully
failing to comply with Section
627.64194 or
641.513, F.S., with such
frequency as to indicate a general business practice, as required by Section
459.015(1)(vv),
F.S. The fine shall be $250.00 for a first time violation and the fine shall be
$1, 000.00 for a second time violation.
(t) Failure to submit documentation to the
Department within 14 days of issuing a certification as required under Section
386.986(4)(b),
F.S., as required by Section
459.015(1)(ww),
F.S. The first-time violation shall result in a $100.00 fine and requirement
for submission of delinquent documentation within 14 days. The second-time
violation shall result in a $250.00 fine as requirement for submission of
delinquent documentaiton within 14 days.
(u) Failure to consult the Prescription Drug
Monitoring system as required by section
893.055(8),
F.S. The first-time violation shall result in a $100.00 fine. The second-time
violation shall result in a $150.00 fine. The third-time violation shall result
in a $200.00 fine.
(v) Failure to
report adverse incidents occurring in planned out-of-hospital births as
required by Section 456.0495, F.S. The fine shall be
$1, 000.00.
(w) Failure of the
designated physician of a pain management clinic to notify the Board within 10
days of terminating his or her employment with the pain management clinic; or
failure of any physician practicing in a pain management clinic to notify the
Board of his or her beginning or ending practice at a pain management clinic,
as required by Section
459.0137(3)(e),
F.S. The fine shall be $250 and the submission of the required notice within 10
days for a first-time violation. The fine shall be $500 and the submission of
the required notice within 10 days for a second-time violation.
(x) 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. The fine shall be $50.00
for a first-time violation, $75.00 for a second-time violation, and $100.00 for
a third-time violation.
(4) If the subject does not dispute the
matter in the citation in writing within 30 days after the citation is served
by personal service or within 30 days after receipt by certified mail, the
citation shall become a final order of the Board of Osteopathic Medical
Examiners. For violations of paragraphs (3)(a) through (c), and (3)(e) through
(o), above, the subject has 30 days from the date the citation becomes a final
order to pay the fine and costs. For violations of paragraph (3)(d), above, the
subject has one year from the date the citation becomes a final order to pay
the fine and costs and to submit certified documentation of completion of all
CEU requirements for the period for which the citation was issued.
Failure to pay the fine and costs within the prescribed time
period constitutes a violation of Section
459.015(1)(bb),
F.S., which will result in further disciplinary action. All fines and costs are
to be made payable to "Department of Health - Citation."
(5) Once the citation becomes a final order,
the citation and complaint become a public record pursuant to Chapter 119,
F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The
citation and complaint may be considered as aggravating circumstances in future
disciplinary actions pursuant to Rule
64B15-19.003,
F.A.C.
Rulemaking Authority 456.077 FS. Law Implemented 456.077
FS.
New 10-28-91, Amended 8-24-92, 11-17-92, Formerly
21R-19.007, 61F9-19.007, 59W-19.007, Amended 11-27-97, 11-12-00, 1-29-03,
7-13-03, 5-12-05, 4-15-10, 10-8-12, 8-13-15, 11-27-16, 8-9-18, 11-15-18,
2-12-20.
