Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.011 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 456.073(3),
				F.S., the Department is authorized to provide a notice of noncompliance for an
				initial offense of a minor violation if the board establishes by rule a list of
				minor violations. A minor violation is one which does not endanger the public
				health, safety, and welfare and which does not demonstrate a serious inability
				to practice the profession. 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 (3)(b),
				subparagraphs 4., 5., 10., 11., 12., 13., and 14., if there is not 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 (3)(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
				Department shall submit to the board a monthly report detailing the number of
				notices given, the number of cases completed through receipt of a notarized
				statement of compliance from the licensee, and the types of violations for
				which notices of noncompliance have been issued. Notices of noncompliance shall
				be considered by the probable cause panels when reviewing a licensee's
				subsequent violations of a same or similar offense.
(3) 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
				458.331(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
				64B8-11.001(2),
				F.A.C. This would also be a violation of Section
				458.331(1)(nn),
				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
				458.331(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 458, F.S.