Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B18 - Board of Podiatric Medicine › Chapter 64B18-14 - DISCIPLINARY MATTERS › Section 64B18-14.010 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(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
				shall be required by the Department to pay the costs of
				investigation.
(2) Citations may
				only be issued for an initial offense of the alleged violation. Subsequent
				violation(s) of the same rule or statute shall require the procedures of
				section  456.073, F.S., to be followed.
				In addition, should an initial offense for which a citation could be issued
				occur in conjunction with other violations, then the procedures of section
				 456.073, F.S., shall
				apply.
(3) The following violations
				may be disposed of by the Department by citation with the specified penalty:
VIOLATIONS
PENALTY
(a) CME violations Podiatrist.
(Section
							  456.077(2),
							 F.S.)
1. Failure to document 40 of the 40 required
							 hours.
$5, 000 fine and reprimand.
2. Failure to document required two (2) hour medical
							 errors, HIV/AIDS, Florida laws and rules, or risk management CME.
$500 fine per category.
3. Documentation of some, but not all 40 hours of
							 required CME for license renewal.
$125 fine for each hour not documented.
4. Failure to attend during the first biennium or
							 within twenty-four (24) months of initial licensure one full day of a meeting
							 of the Board of Podiatric Medicine at which disciplinary hearings are
							 conducted. Guidelines outlined in Rule
							  64B18-17.005, F.A.C.
$500 fine and required attendance of one full day of
							 board meeting.
(b) CME violations: Podiatric X-ray Assistant.
$150 fine.
Failure to document required eight (8) hour
							 recertification course.
(c) Practice on a delinquent license for a period of
							 up to three months.
(Section
							  461.012(1)(a),
							 F.S.)
$500 fine for Podiatrist; $150 fine for Podiatric
							 X-ray Assistant.
(d) Failure to notify Department of change of current
							 mailing address and place of practice.
(Sections
							  461.013(1)(h) 
							 and  456.035(1),
							 F.S.)
$500 fine for Podiatrist; $150 fine for Podiatric
							 X-ray Assistant.
(e) Failure to provide medical record of one patient
							 in a timely manner.
(Section
							  456.057, F.S.)
$500 fine and proof records were provided.
(f) Failure to provide the disclaimer required for
							 free or discounted services.
(Sections
							  456.062 and
							  456.077(2),
							 F.S.)
$500 fine.
(g) Soliciting patients.
(Sections
							  456.077(2)  and
							  461.013(1)(k),
							 F.S.)
$500 fine.
(h) Tendering a check payable to the Board of
							 Podiatric Medicine or to the Department of Health that is dishonored by the
							 institution upon which it is drawn.
$100 fine and payment of the check within 30
							 days.
(i) Failure to pay required costs and fines.
(Section
							  456.077(2),
							 F.S.)
$2, 500 fine and compliance of outstanding costs and
							 fines within sixty days.
(j) Failure to comply with sections
							  381.026 and
							  381.0261, F.S., referencing
							 patients bill of rights.
(Section
							  456.077(2),
							 F.S.)
$250 fine and compliance within ten days.
(k) Failure to submit or update profiling or
							 credentialing information.
(Sections
							  456.039(3)(b) 
							 and  456.077(2),
							 F.S.)
A fine of $50.00 per day.
(l) Failure to consult the Prescription Drug
							 Monitoring Program Controlled Substance Dispensing Information Electronic
							 System prior to prescribing or dispensing a controlled substance.
(Section
							  456.072(1)(gg),
							 F.S., by a violation of section
							  893.055(8),
							 F.S.)
$50.00 fine.
(4)
				The subject has 30 days from the date the citation becomes a final order to pay
				any fine imposed and costs. All fines and costs are to be made payable to the
				"Department of Health" and sent to the Board of Podiatric Medicine, at the
				Department of Health in Tallahassee. A copy of the citation shall accompany the
				payment of the fine.
(5) Should the
				licensee fail to or refuse to accept a citation, the matter shall be referred
				to the probable cause panel for procedures consistent with provisions of
				section  456.072, F.S., and the penalties
				outlined in rule  64B18-14.002,
				F.A.C.
Rulemaking Authority
					 456.072,
					 456.077,
					 461.005 FS. Law Implemented
					 456.057,
					 456.062,
					 456.072,
					 456.077,
					 461.012
					 FS.
New 1-19-92, Formerly 21T-14.010, 61F12-14.010, Amended
					 3-26-95, 2-25-96, 6-17-97, Formerly 59Z-14.010, Amended 11-23-00, 8-13-02,
					 7-26-04, 6-14-06, 10-11-06, 10-7-07, 6-8-08, 11-10-11, 9-8-16,
					 1-2-19.