Fla. Admin. Code Ann. R. 61G18-30.003 - Citations
(1) Definitions.
(a) "Citation" means an instrument which
meets the requirements set forth in Section
455.224, F.S., and which is
served upon a subject for the purpose of assessing a penalty in an amount
established by this rule;
(b)
"Subject" means the licensee, trainee, or applicant alleged to have committed a
violation designated in this rule.
(2) In lieu of the disciplinary procedures
contained in Section 455.225, 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 procedures described herein apply
only for an initial offense of the alleged violation. Subsequent violation(s)
of the same rule or statute shall require the procedures of Section
455.225, F.S., to be followed.
In addition, should an initial offense for which a citation could be issued
occur in conjunction with violations not described herein, then the procedures
of Section 455.225, F.S., shall
apply.
(4) Pursuant to Section
455.224, F.S., the Board sets
forth below those violations for which there is no substantial threat to the
public health, safety, and welfare; or, if there is a substantial threat to the
public health, safety, and welfare, such potential for harm has been removed
prior to the issuance of the citation. The Board hereby designates the
following as citation violations which shall result in a penalty of five
hundred dollars ($500.00) unless otherwise noted:
(a) False, deceptive or misleading
advertising in violation of Section
474.214(1)(e),
F.S., or Rule 61G18-21.001, F.A.C., so long as
the veterinarian has received no compensation for services sought by the client
as the result of the advertising or if compensation has been received, so long
as it has been returned to the client;
(b) Failure to include in an advertisement
for free or discounted services the statement required by Section
455.24, F.S.;
(c) Failure to display a license, premises
permit or mobile clinic permit as required by Section
474.216, F.S.
(d) Practicing veterinary medicine or
operating a veterinary establishment when the license has become
delinquent.
(e) Failure to notify
the Board of a change in responsible veterinarian.
(f) Failure to obtain or complete the
continuing education required for licensure renewal within the biennium.
1. If the licensee responds to the audit
letter and the required continuing education hours were not completed prior to
the end of the biennium, but the licensee provides proof of completion within
60 days of receipt of initial audit letter, the licensee shall be issued a
Notice of Non-compliance. These hours shall not be used for license renewal
during the biennium in which they were earned.
2. If the licensee responds to the audit but
cannot provide proof that the required continuing education hours were
completed, the licensee will be issued a citation in the amount of $250. The
licensee shall be required to complete the hours needed within 6 months of the
date of issuance of the citation. These hours shall not be used for license
renewal during the biennium in which they were earned.
3. If the licensee fails to respond to the
continuing education audit the licensee will be issued a citation in the amount
of $500. The licensee shall be required to complete the hours needed within 6
months of the date of issuance of the citation. These hours shall not be used
for license renewal during the biennium in which they were earned.
4. If a licensee responds to the continuing
education audit with an explanation and documentation of an illness or hardship
which prevented them from completing the required continuing education within
the biennium the Board, or the Board Chair when delegated by the Board, may
grant up to a 6 month extension during which the licensee shall be required to
complete the hours needed. These hours shall not be used for license renewal
during the biennium in which they were earned.
(g) Signing and distributing to others
invalid or incomplete official certificates of veterinary inspection for the
intrastate sale of dogs or cats.
(h) Operating a veterinary establishment
without a premises permit for more than 60 days but less than one year. The
fine shall be $100 per month, to a maximun of $1, 200.
(5) Prior to issuance of the citation, the
Department must confirm that the violation has been corrected or is in the
process of being corrected. If the violation is a substantial threat to the
public health, safety, and welfare, such potential for harm must be removed
prior to issuance of the citation.
(6) 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
61G18-30.001, F.A.C.
(7) The Board of Veterinary Medicine shall,
at the end of each calendar quarter, promulgate a report of the citations
issued which report shall contain the name of the subject, the violation, fine
imposed, whether the subject complied with the citation upon it becoming a
final order, and the number of subjects who chose to follow the procedures of
Section 455.224,
F.S.
Notes
Rulemaking Authority 455.224, 474.206 FS. Law Implemented 455.224 FS.
New 1-1-92, Formerly 21X-30.003, Amended 7-4-95, 5-13-96, 2-17-02, 6-16-14, 12-30-14, 6-30-16.
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