Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-55 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-55.002 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) "Citation" means an instrument which
				meets the requirements set forth in Section
				456.077, F.S., which is served
				upon a licensee 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
				may issue a citation to the subject within six months after the filing of the
				complaint which is the basis for the citation.
(3) All citations include a requirement that
				the subject correct the violation, if remediable, within a specified period of
				time not to exceed 60 days, and impose whatever obligations necessary to remedy
				the offense.
(4) The Board
				designates the following as citation violations:
(a) Failure to provide satisfaction including the
							 costs incurred within 45 days of receipt of the Department's notification of a
							 check dishonored for insufficient funds.
(a) $100.00 fine.
(b) Failure to notify the Department of a change of
							 address.
(Section
							 456.035(1),
							 F.S.; Rule 64B8-50.008, F.A.C.)
(b) $100.00 fine.
(c) Failure to protect clients during treatment from
							 public view.
(Rule
							 64B8-51.006(3)(a)
							 1., F.A.C.)
(c)1. First violation - $150.00 fine
2. Second violation - $300.00 fine
3. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(aa),
							 F.A.C.
(d) Failure to have a sink with hot and cold running
							 water within or available to the electrology facility.
(Subparagraph
							 64B8-51.006(3)(a)
							 2., F.A.C.)
(d)1. First violation - $150.00 fine
2. Second violation - $300.00 fine
3. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(aa),
							 F.A.C.
(e) Failure to provide, within or available to the
							 electrology facility, a separate room containing toilet and sink with hot and
							 cold running water.
(Subparagraph
							 64B8-51.006(3)(a)
							 2., F.A.C.)
(e)1. First violation - $150.00 fine
2. Second violation - $300.00 fine
3. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(bb),
							 F.A.C.
(f) Failure to conduct electrolysis on a treatment
							 table or treatment chair with a non-porous surface capable of being
							 disinfected.
(f)1. First violation - $150.00 fine
2. Second violation - $300.00 fine
3. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(cc),
							 F.A.C.
(g) Failure to
				have any one of the following items/equipment in the facility (the failure to
				have any one of the items/equipment shall constitute a separate citation)
				(paragraph 64B8-51.006(3)(a),
				F.A.C.):
(g)1.a.Disposable paper drapes or sanitary cloth
							 drapes stored in a closed container or compartment.
b. Single use disposable towels.
c. A treatment lamp or magnifier lamp capable of
							 being cleaned with disinfectant.
d. A magnifying device which shall be a magnifier
							 lamp, optical loupe or microscope capable of being cleaned and
							 disinfected.
e. Tuberculocidal hospital grade disinfectant
							 detergent registered by the Environmental Protection Agency, household bleach
							 or wiping cloths pre-saturated with disinfectant for wiping nonporous
							 surfaces.
f. Betadine, 3% U.S. pharmaceutical grade hydrogen
							 peroxide or 70% isopropyl alcohol or mapped single use wipes saturated with 70%
							 isopropyl alcohol.
g. Clean, non-sterile materials such as cotton balls,
							 cotton strips, cotton swabs, gauze pads, and gauze strips.
h. If cloth towels are used:
1. Clean cloth towels prior to use on each
							 client;
2. Clean towels stored in a closed container or
							 compartment, or
3. Used towels stored in a separate closed
							 container.
i. Non-sterile disposable examination gloves.
(g)1.a. First violation - $50.00 fine
b. Second violation -$100.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(dd),
							 F.A.C.
(g)2.a. Sanitary waste receptacles for the disposal
							 of used gloves, paper supplies, cotton balls, and other non infectious
							 items.
b. A holding container for soaking and cleaning
							 contaminated instruments.
(g)2.a. First violation - $150.00 fine
b. Second violation - $300.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(dd),
							 F.A.C.
(h)
				For facilities with epilator equipment, failure to have any one of the
				following items/equipment in the facility (the failure to have any one of the
				items/equipment shall constitute a separate citation) (Paragraph
				64B8-51.006(3)(b),
				F.A.C.):
(h)1.a. Needle holder tips.
b. Covered containers for needles and forceps which
							 containers are capable of being cleaned and Sterilized.
(h)1.a. First violation - $50.00 fine
b. Second violation - $100.00 fine
c Third and subsequent violations. See paragraph
							 64B8-55.001(3)(ee),
							 F.A.C.
(h)2.a. An FDA registered needle type epilation
							 device in working order.
b. Clean and sterile needles (e.g. probes) and
							 forceps (e.g. tweezers).
c. A sharps container for disposal of used
							 needles.
d. A sterilizer which shall be either an autoclave or
							 a dry heat sterilizer and color change indicators for use with either
							 sterilizer.
e. Unless the facility is new, quarterly records of
							 sterilizer biological test monitoring which shall be made available to the
							 Department upon request.
(h)2.a. First violation - $150.00 fine
b. Second violation -$300.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(ee),
							 F.A.C.
(i)
				For facilities with laser or light-based equipment, failure to have any one of
				the following items/equipment in the facility (the failure to have any one of
				the items/equipment shall constitute a separate citation) (paragraph
				64B8-51.006(3)(c),
				F.A.C.):
(i)1.a. Written designation of laser safety
							 officer.
b. Appropriate sign on door of laser room identifying
							 when laser or light-based equipment is in use.
c. Cold water and ice.
d. Lock on door of laser room.
e. Fire extinguisher in vicinity of laser
							 room.
(i)1.a. First violation - $150.00 fine
b. Second violation - $300.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(ff),
							 F.A.C.
(i)2. Written protocols that are signed, dated,
							 maintained in a readily available location on the premises where the
							 electrologist practices, and filed with the Department of Health as required by
							 paragraph 64B8-56.002(4)(a),
							 F.A.C.
(i)2.a. First violation - $200.00 fine
b. Second violation - $400.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(ff),
							 F.A.C.
(i)3.a. At least one piece of properly registered
							 laser equipment located within the electrology facility.
b. Protective eyewear for all persons in laser room
							 during operation of laser.
(i)3.a. First violation - $300.00 fine
b. Second violation - $600.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(ff),
							 F.A.C.
(i)4.a. Proof of completion of 30 hours of
							 post-licensure education or proof of combined training.
b. Proof of having passed the Society for Clinical
							 and Medical Hair Removal test for certification as a Certified Medical
							 Electrologist for all electrologists using laser or light-based equipment in
							 the facility and completed training pursuant to subparagraph
							 64B8-56.002(2)(a)
							 1., F.A.C.
(i)4.a. First violation - $500.00 fine
b. Second violation - $1000.00 fine
c. Third and subsequent violations - See paragraph
							 64B8-55.001(3)(ff),
							 F.A.C.
(j) Failure to display any one of the following
							 documents in an area that is visible to the general public entering the
							 facility (the failure to display any one of the documents shall constitute a
							 separate citation). (Subsection
							 64B8-51.006(4),
							 F.A.C.):
1. The electrology facility license.
2. The current license of the electrologist.
3. The most recent inspection sheet from the
							 Department of Health.
4. A current copy of Rule
							 64B8-51.006, F.A.C.
5. An appointment book.
(j) 1. First violation - $50.00 fine
2. Second violation - $100.00 fine
3. Third violation - $200.00 fine
4. Fourth and subsequent violations - paragraph
							 64B8-55.001(3)(gg),
							 F.A.C.
(k) Failure to comply with continuing education
							 requirements.
(Rule
							 64B8-52.002, F.A.C.)
(k) First and subsequent violations - $250
							 fine.
(l) Providing electrolysis services in an unlicensed
							 facility.
(l) First and subsequent violations - $250
							 fine.
(m) Permitting an unlicensed person to provide
							 electrolysis services.
(m) First and subsequent violations - $250
							 fine.
(n) Providing electrolysis services with a delinquent
							 license or null/void license.
(n) First and subsequent violations - $250
							 fine.
(o) Unprofessional conduct, failure to conform to
							 acceptable standards.
(o) First and subsequent violations where no actual
							 patient harm occurred - $250 fine.
(p) Failure to timely pay required fees and
							 fines.
(p) First and subsequent violations, a $250
							 fine.
(q) Advertising any discounted or free service
							 without including the required statement, Section
							 456.062, F.S.
(q) First and subsequent violations - $100.00
							 fine.