Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B2 - Board of Chiropractic Medicine › Chapter 64B2-16 - COMPLAINTS, PROBABLE CAUSE DETERMINATION, DISCIPLINARY GUIDELINES › Section 64B2-16.0075 - 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, an applicant, a candidate trainee, or any other person
				within the jurisdiction of this Board, for the purpose of assessing a penalty
				in an amount established by this rule. All citations will include a requirement
				that the subject correct the violation, if remediable, within a specified
				period of time not to exceed sixty (60) days, and impose whatever obligations
				will remedy the offense.
(2) In
				lieu of the disciplinary procedures contained in Section
				456.073, F.S., the Department is
				hereby authorized to dispose of any violation designated herein by issuing a
				citation to the subject within six months after the filing of the complaint
				which is the basis for the citation.
(3) The Board designates the following as
				citation violations, which shall result in a penalty of $500, except for the
				advertising violations listed in paragraph (e), below, if the citation is
				accepted by the licensee:
(a) Failure to
				notify the Department of change of address, Section
				456.035, F.S.
(b) Failure to review and correct any factual
				inaccuracies in the practitioner profile within fifteen (15) days of when
				furnished based upon any information provided by the practitioner, Sections
				456.041,
				456.042,
				456.072(1)(w),
				F.S.
(c) Failing to report to the
				Department any person whom the licensee knows is in violation of the laws and
				rules of the Department or Board, Sections
				456.072(1)(x),
				460.413(1)(g),
				F.S.
(d) Failing to provide, upon
				request of the insured, a copy of a claim submitted to any third-party payor
				for service of treatment of the insured, Section
				460.413(1)(aa),
				F.S.
(e) Advertising. A violation
				of the following shall result in a penalty of $2, 500, if the citation is
				accepted by the licensee:
1. Any discounted or
				free service without including the required statement, Section
				456.062, F.S.
2. Failing to include in an advertisement for
				free x-rays and/or video fluoroscopy that x-rays or video fluoroscopy will be
				given only if medically necessary, paragraph
				64B2-15.001(2)(b),
				F.A.C.
3. Failing to specifically
				name each individual chiropractor participating in a referral service or bureau
				when advertising a chiropractic referral service or bureau, paragraph
				64B2-15.001(2)(b),
				F.A.C.
4. Failing to include a
				reference to the chiropractor by name and degree in any advertisement generated
				on behalf of the chiropractor, paragraph
				64B2-15.001(2)(b),
				F.A.C.
5. Failing to conspicuously
				identify the chiropractor(s) listed in the advertisement as a chiropractor,
				paragraph 64B2-15.001(2)(f),
				F.A.C.
6. Disseminating an
				advertisement that contains a representation that identifies the chiropractic
				practice being advertised by a name that fails to include the terms
				"chiropractor, " "chiropractic, " "the initials, D.C., " "chiropractic
				physician, " "doctor of chiropractic medicine, " or similar derivative,
				paragraph 64B2-15.001(2)(h),
				F.A.C.
7. Advertising that a
				chiropractor has received Diplomate status in a specialty area not recognized
				by the Board, paragraph
				64B2-15.001(2)(i),
				F.A.C.
(f) Failing to
				maintain financial responsibility for a period of not more than thirty (30)
				days, Rule 64B2-17.009, F.A.C.
(g) Failing to identify the type of licensure
				under which the practitioner is practicing, Section
				456.072(1)(t),
				F.S.