Fla. Admin. Code Ann. R. 64B8-8.017 - Citation Authority

Current through Reg. 47, No. 249; December 28, 2021

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) Pursuant to section 456.077, 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. Next to each violation is the penalty to be imposed. In addition to any administrative fine imposed, the Respondent may be required by the Department to pay the costs of investigation. The form to be used is specified in rules of the Department of Health.
(2) If the violation constitutes a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.
(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

VIOLATIONS

PENALTY

(a) CME violations.

(Sections 458.321, 458.331(1)(g), (x), 456.072(1)(e), (s), F.S.)

Within 60 days of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued. AND

1. Failure to document required HIV/AIDS and related infections of TB CME.

$250 fine.

2. Failure to document required domestic violence CME.

$250 fine.

3. Failure to document required medical errors CME.

$250 fine.

4. Failure to document required HIV/AIDS and related infections of TB and failure to document domestic violence CME.

$500 fine.

5. Documentation of some, but not all, 40 hours of required CME for license renewal.

$50 fine for each hour not documented.

(b) Failure to comply with a CME audit.

(Sections 456.072(1)(e), (s), F.S.)

$500 fine and compliance with the CME audit within 60 days.

(c) Obtaining license renewal by fraud or misrepresentation (section 458.331(1)(a), F.S.); failure to document any of the 40 hours of required CME for license renewal.

(Sections 458.321, 458.331(1)(x), F.S.)

$5,000.

(d) Practice on an inactive or delinquent license.

(Sections 458.327(1)(a), 458.331(1)(x), F.S.)

1. For a period of up to nine months.

$200 for each month or part thereof.

2. For a period of nine months to twelve months.

$300 for each month or part thereof.

(e) Failure to notify Department of change of mailing address or practice address.

(Sections 458.319(3), 458.331(1)(g), F.S.)

$250 fine.

(f) Failure to provide medical records upon request, to a patient or A patient's legal representative or charging copying fees for patient Records in violation of Rule 64B8-10.003, F.A.C.

(Rule 64B8-10.003, F.A.C.);

(Sections 456.057, 458.331(1)(g), F.S.)

$500 fine and reimbursement of excessive fees charged. In addition, the physician must provide the medical records to the patient within 10 days.

(g) Failure to post notice on the form of a sign informing patients that the physician does not have malpractice coverage described in Section 458.320(1) or (2), F.S.

(Sections 458.320(5)(f) and (g), 458.331(1)(x), F.S.)

$2,000 fine.

(h) Negligently disseminating false, deceptive or misleading advertising.

(Section 458.331(1)(d), F.S.)

1. Advertising violations other than those included in subparagraph 64B8-8.011(3)(a) 1., F.A.C.

$500 fine.

2. Advertising or holding oneself out as a board-certified specialist, if not qualified under Section 458.3312, F.S.

(Section 458.331(1)(ll), F.S.)

$500 fine.

(i) Failure to update physician profile as required in Sections 456.039(3) and 458.319(1), F.S.

(Section 456.039(3)(b), F.S.)

$1,000 fine; 3 hours CME in ethics within 60 days; and requirement that physician update the profile within 60 days.

(j) Negligently making misleading or untrue statements on the physician profile.

(Section 456.072(1)(v), F.S.)

$1,000 fine and 3 hours CME in ethics within 60 days.

(k) Failure to verify the content of practitioner's profiling information pursuant to Section 456.041(7), F.S.

$100 per day fine not to exceed $1,000.

(l) Failure to notify the Board in writing within 30 days if action as defined in Section 458.331(1)(b), F.S., has been taken against one's license to practice medicine in another state, territory, or county if that action was based on action taken by the Florida Board of Medicine.

$1,000 fine.

(m) 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.

(Sections 458.331(1)(g) and 456.072(1)(k), F.S.)

1. For non-willful violations.

$100 fine.

2. For willful violations.

$500 fine.

(n) Failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs.

$1,000 fine.

(o) Failure to display a clinic registration certificate (after failure to comply with issuance of a notice of non-compliance).

$500 fine.

(p) Failure to post signs identifying medical/clinical director of clinic in conspicuous location (after failure to comply with issuance of a notice of non-compliance).

$500 fine.

(q) Section 458.331(1)(h), F.S., unintentional failure to file a report as required.

$500 fine.

(r) Negligently failing to file a report or record required by state or federal law.

$500 fine.

(s) Failure of designated physician in pain management clinic to submit the data required by Section 458.3265(2)(j)2., F.S.

(Section 458.331(1)(g), F.S.)

$1,000 fine and submission of the delinquent data within 30 days.

(t) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.

(Section 458.331(1)(tt), F.S.)

First-time Citation - $250 fine.

Second-time Citation - $1,000 fine.

(u) Failure to submit documentation to the Department within 14 days of issuing a certification as required under Section 381.986(4)(b), F.S.,

(Section 458.331(1)(uu), F.S.)

First time Citation - $100 fine and submission of delinquent documentation within 14 days.

Second time Citation - $250 and submission of delinquent documentation within 14 days.

(v) Failure to consult the Prescription Drug Monitoring system as required by Section 893.055(8), F.S.

(Section 458.331)(g), F.S.)

First time Citation - $100 fine.

Second time Citation - $150 fine.

Third time Citation - $200 fine.

(w) Failure to report adverse incidents occurring in planned out-of hospital births as required by Section 456.0495, F.S.

(Section 458.331(1)(g), F.S.)

$1,000.00 fine.

(x) 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 458.3265(3)(e), F.S.

(Section 458.331(1)(pp)9., F.S.)

First time Citation - $250 and submission of required notification within 10 days.

Second time Citation - $500 and submission of required notification within 10 days.

(y) 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.

First time Citation - $50 fine.

Second time Citation - $75 fine.

Third time Citation - $100 fine.

(4) Citations shall be issued to licensees by the Bureau of Investigative Services only after review by the legal staff of the Department.
(5) The Department of Health shall, at the end of each calendar quarter, submit a report to the Board of the citations issued, which report shall contain the name of the subject, the violation, fine imposed, and the number of subjects who chose to follow the procedures of Section 456.073, F.S.

Notes

Fla. Admin. Code Ann. R. 64B8-8.017

Rulemaking Authority 456.077, 458.309 FS. Law Implemented 456.072(2)(d), 456.077 FS.

New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06, 1-16-08, 12-22-09, 7-9-12, Amended by Florida Register Volume 41, Number 121, June 23, 2015 effective 7-6-15, Amended by Florida Register Volume 42, Number 208, October 25, 2016 effective 11-9-16, Amended by Florida Register Volume 44, Number 158, August 14, 2018 effective 8-28-18, Amended by Florida Register Volume 44, Number 212, October 30, 2018 effective 11-12-18, Amended by Florida Register Volume 45, Number 230, November 26, 2019 effective 12-12-19.

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