Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-6 - PHYSICIAN ASSISTANT › Section 64B15-6.01051 - Citation Authority

Current through Reg. 50, No. 138; July 16, 2024
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.
(2) If the violation constituted 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
							  459.022(7)(b),
							  459.015(1)(g),
							 (bb),
							  456.072(1)(e),
							 (s), F.S.)
Within twelve months 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; prior to
							 renewing the license for the next biennium, Respondent must document compliance
							 with the CME requirements for the relevant period; AND pay a $250 fine. In
							 addition, the Respondent will be subject to a CME audit for the next two
							 biennial renewal periods.
1. Failure to document required HIV/AIDS CME.
(Section
							  456.033, F.S.)
$250 fine.
2. Failure to document required domestic violence, or
							 end-of-life and palliative health care CME.
(Section
							  456.031, F.S.)
$250 fine.
3. Failure to document required prevention of medical
							 errors CME.
$250 fine.
4. Failure to document both the required HIV/AIDS and
							 domestic violence, or end-of-life and palliative health care CME.
$500 fine.
5. Failure to document required prevention of medical
							 errors CME.
(Section
							  456.013(7),
							 F.S.)
$250 fine.
6. Documentation of some, but not all, 100 hours of
							 required CME for license renewal.
$25 fine for each hour not documented.
(b) Obtaining license renewal by negligent
							 misrepresentation.
(Sections
							  459.022(7)(f) 
							 and  459.015(1)(a),
							 F.S.)
$2500 fine.
(c) Failure to document any of the 100 hours of
							 required CME for license renewal.
(Sections
							  459.022(7)(b) 
							 and  459.015(1)(bb),
							 F.S.)
$2500 fine.
(d) Practice on an inactive or delinquent
							 license.
(Sections
							  456.036(1),
							  459.013(1)(a),
							  459.022(7)(f),
							 and  459.015(1)(bb),
							 F.S.)
1. For a period of up to nine months.
$100 for each month or part thereof.
2. For a period of nine months to twelve
							 months.
$150 for each month or part thereof.
(e) Failure to notify Department of change of
							 practice and/or mailing address.
(Sections
							  456.035,
							  459.008(3), and
							  459.015(1)(g),
							 F.S.)
$125 fine.
(f) Failure of the physician assistant to clearly
							 identify that he/she is a physician assistant.
(Sections 459.022(4)(e)1., 459.022(7)(f),
							 459.015(1)(g), and F.S.)
$250 fine.
(g) Failure to notify the Board in writing within 30
							 days if an action as defined in section
							  459.015(1)(b),
							 F.S., has been taken against one's license to practice as a physician assistant
							 in another state, territory, or country if that action was based on action
							 taken by the Florida Board of Osteopathic Medicine.
(Section
							  456.072(1)(w),
							 F.S.)
$500 fine.
(h) First time failure to pay fine or costs imposed
							 by Board Order within 30 days of the due date of the fine or costs. (Failure to
							 pay more than 30 days after the due date will result in an administrative
							 complaint.)
(Section
							  456.072(1)(q),
							 F.S.)
$500 fine.
(i) Willfully failing to comply with section
							  627.64194 or
							  641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							  459.015(1)(vv),
							 F.S.)
First-time Citation - $250 fine.
Second-time Citation - $1, 000 fine.
(j) Failure to consult the Prescription Drug
							 Monitoring System as required by section
							  893.055(8),
							 F.S.
(Section
							  459.015(1)(g),
							 F.S.)
First-time Citation - $100 fine.
Second-time Citation - $150 fine.
Third-time Citation - $200 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 dispute the citation and chose to
				follow the procedures of Section
				 456.073,
				F.S.
Rulemaking Authority
					 456.077,
					 459.005,
					 459.022(6)(e)
					 FS. Law Implemented 456.077,
					 459.015,
					 459.022(6)(e),
					 (11)
					 FS.
New 3-10-02, Amended 1-12-04, 5-4-04, 12-12-05, 8-2-06,
					 8-18-09, 5-17-17, 11-15-18, 12-6-21.