Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions. As
used in this rule:
(a) "Citation" means a
document which meets the requirements set forth in Section
456.077, F.S., and which is
served upon a subject in the manner provided in Section
456.077, F.S., for the purpose
of assessing a penalty in an amount established by this rule;
(b) "Subject" means the licensee, applicant,
person, partnership, corporation, or other entity alleged to have committed a
violation designated in this rule.
(2) In lieu of the disciplinary procedures
contained in Section 456.072, F.S., the Department is
hereby authorized to dispose of any violation designated herein by issuing a
citation to the subject within six months after the filing of the complaint
which is the basis for the citation.
(3) The Board hereby designates the following
as citation violations, which shall result in a penalty as specified below:
(a) Refusing to allow the department to
inspect the business premises of the licensee during regular business hours as
required by Section 480.046(1)(m),
F.S., shall result in a penalty of $500.00.
(b) Failing to display a license or
certificate as required by Rule
64B7-28.008, F.A.C., shall
result in a penalty of $250.00.
(c)
Failing to keep the equipment and premises of a massage establishment in a
clean and sanitary condition as required by Section
480.046(1)(n),
F.S., shall result in a penalty of $250.00.
(d) Failing to maintain property damage and
bodily injury liability insurance coverage as required by subsection
64B7-26.003(4),
F.A.C., shall result in a penalty of $250.00.
(e) Failure to include the license number of
either the massage therapist or the massage establishment in advertisements as
required by Section 480.0465, F.S., shall result in
a penalty of $250.00.
(f)
Practicing with a delinquent massage therapist license in violation of Section
480.047(1)(a),
F.S., or operating a massage establishment with a delinquent massage
establishment license in violation of Section
480.047(1)(b),
F.S., when the license has become delinquent automatically for failure to
renew, so long as the license is reinstated within 90 days of becoming
delinquent, shall result in a penalty of $250.00. Practice for more than 90
days after a license has become delinquent shall not be a citation
violation.
(g) Failure of a massage
therapist to notify the Board of a change of address as required by Section
456.035(1),
F.S., shall result in a penalty of $250.00.
(h) False, misleading or deceptive
advertising by advertising massage therapy services under a name under which a
license has not been issued in violation of Section
480.046(1)(d),
F.S., shall result in a penalty of $250.00.
(i) Violating Section
456.072(1)(h),
F.S., by tendering a check that is dishonored by the institution upon which it
is drawn shall result in a penalty of $250.00.
(j) Failing to identify to a patient verbally
or in writing, which may include wearing of a name tag, that a licensee is
practicing as a licensed massage therapist, in violation of Section
456.072(1)(t),
F.S., shall result in a penalty of $100.00.
(k) A first-time violation of
456.072 (1)(pp) for providing
information indicating supporting a person's need for an emotional support
animal under s.760.27 without personal knowledge of the need for the specific
emotional support animal, shall result in a penalty of
$250.00.
(4) In addition
to the fines imposed herein, the costs of investigation and prosecution for
each offense shall be assessed in the citation.
(5) All fines and costs imposed in a citation
shall be paid within 90 days of the date the citation is
filed.
Rulemaking Authority 456.072,
456.077 FS. Law Implemented
456.072,
456.077
FS.
New 1-1-92, Amended 11-15-92, Formerly 21L-30.004, Amended
9-30-93, 12-12-93, 4-21-97, Formerly 61G11-30.004, Amended 8-16-98, 7-18-99,
7-27-00, 10-12-03, 8-9-04, 5-1-07, 8-11-10, 6-7-16, 4-16-18,
7-27-21.