Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B11 - Board of Occupational Therapy › Chapter 64B11-4 - OCCUPATIONAL THERAPY BOARD - STANDARDS OF PRACTICE › Section 64B11-4.005 - 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., and 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) The citation may be served upon the
				licensee by personal service or certified mail, restricted delivery, at the
				licensee's last known address.
(4)
				The Board designates the following as citation violations:
(a) Practicing with an inactive license, up
				to six months, for which the Board shall impose a $100 per month penalty for
				each full month or partial month that the license is inactive.
(b) Practicing with a delinquent license, up
				to six months, for which the Board shall impose a $100 per month penalty for
				each full month or partial month the license is delinquent.
(c) Practicing with a retired status license,
				up to six months, for which the Board shall impose a $100.00 per month penalty
				for each full month or partial month the license is in retired
				status.
(d) Violating Section
				468.217(1)(a),
				F.S., by submitting a worthless check to the Board or the Department. The
				penalty shall be $100.00 dollars, replacement of the amount of the check if a
				license was issued based on it, and costs incurred by processing the check. All
				payments due based on the citation shall be paid within 30 days of the date the
				citation is filed.
(e) First time
				failure to complete required continuing education hours, which includes but is
				not limited to required HIV/AIDS, during the biennial licensure period. The
				fine shall be $50.00 per hour for each hour of deficiency, up to a maximum fine
				of $1, 000.00. In addition, licensees shall make up the deficient continuing
				education and take one additional hour of continuing education for each of the
				continuing education deficiencies, which shall not count towards meeting the
				continuing education renewal requirements for the next biennium. All such made
				up continuing education hours and additional continuing education hours shall
				be completed and documentation of same shall be provided to the department
				within 90 days of the date the citation is filed.
(f) Failure to maintain on file a current
				address, or failure to timely notify the Board of a change of address, as
				required by Rule 64B11-4.007, F.A.C.
(g) Failure to timely provide records to a
				patient or patient's legal representative upon request as required by Section
				456.057(6),
				F.S., for which the Board shall impose a $100.00 fine per week for each full
				week the records are not provided, up to a maximum of $500.00.
(h) Overcharging a patient or patient's legal
				representative for medical records, for which the Board shall impose a $100.00
				fine;
(i) Failure to timely pay
				fines and costs, for which the Board shall impose a $100.00 fine per month for
				each full and partial month the fine or costs are overdue; and,
(j) Advertising violations, for which the
				Board shall impose a $100.00 fine per violation.