Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-19 - DISCIPLINARY GUIDELINES › Section 64B15-19.007 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this rule, "citation" means an
				instrument which meets the requirements set forth in Section
				 456.077, F.S., and which is
				served upon a licensee or certificateholder 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 is
				hereby authorized to dispose of any violation designated herein by issuing a
				citation to the subject for a complaint that is the basis for the
				citation.
(3) The following
				violations with accompanying fines may be disposed of by citation.
(a) Falsely certifying compliance with
				required continuing medical education hours for the purpose of renewing a
				license or certificate. The fine shall be $2, 000.
(b) Failure to keep current mailing or
				practice address on file with the Board. The fine shall be $250.
(c) Failure to register as a dispensing
				practitioner. The fine shall be $500.
(d) Failure of the licensee to satisfy
				continuing education hours. The fine shall be $75 for each hour not completed
				or completed late. In addition, the licensee shall make up all hours not
				completed, and such hours shall not be counted toward the current renewal
				cycle.
(e) Failure to report to the
				Board within 30 days after the licensee has been convicted or found guilty of,
				or entered a plea of nolo contendere to, regardless of adjudication, a crime in
				any jurisdiction. The fine shall be $800.00.
(f) Failure to conspicuously list the name of
				the osteopathic physician in an advertisement as required in paragraph
				 64B15-14.001(2)(k),
				F.A.C. The fine shall be $500.00.
(g) Advertising or holding oneself out as a
				board-certified specialist, if not qualified under Section
				 459.0152, F.S. The fine shall be
				$1, 500.00.
(h) Failure to include
				the disclosure statement in an advertisement as required in Section
				 456.062, F.S. The fine shall be
				$750.00.
(i) Failure to timely
				provide medical records, upon request to a patient or a patient's legal
				representative. The fine shall be $500.00.
(j) Charging copying fees for patient records
				in violation of Rule  64B15-15.003, F.A.C. The fine
				shall be $750.00.
(k) Failure to
				update physician profile as required in Sections
				 456.039(3)  and
				 459.008, F.S. The fine shall be
				$50 per day not in compliance not to exceed $5, 000.00.
(l) Failure to comply with Section
				 381.0261, F.S., by failing to
				inform patients of the address and telephone number of the agency responsible
				for responding to patient complaints or failure to make available a summary of
				rights to patients as required in Sections
				 459.015(1)(g) 
				and  456.072(1)(k),
				F.S.; Section  381.0261(4)(b),
				F.S. The fine shall be $100 non-willful and $500 willful.
(m) Failure to report another licensee in
				violation; Sections  456.072(1)(i) 
				and  459.015(1)(e),
				F.S. The fine shall be $500.00.
(n)
				Allowing a physician in training who has failed to register as required in
				Section  459.021, F.S., to practice
				medicine. The director of medical education in the training program shall be
				fined $500.00 for violating Section
				 456.072(1)(j),
				F.S.
(o) Failure to comply with the
				guidelines for the use of obesity drugs in instances which do not result in
				patient harm. The fine shall be $500.00.
(p) Failure to pay fine or costs imposed by
				Board Order within 30 days of the due date of the fine or costs. The fine shall
				be $1, 000.00.
(q) Negligently
				failing to file a report or record required by state or federal law. The fine
				shall be $500.00.
(r) Failure of
				the designated physician in pain management clinic to submit the data required
				by Sections 459.0137(2)(j)2. and
				 459.015(1)(g),
				F.S. The fine shall be $1, 000.00 and a requirement to submit the delinquent
				data within 30 days.
(s) Willfully
				failing to comply with Section
				 627.64194 or
				 641.513, F.S., with such
				frequency as to indicate a general business practice, as required by Section
				 459.015(1)(vv),
				F.S. The fine shall be $250.00 for a first time violation and the fine shall be
				$1, 000.00 for a second time violation.
(t) Failure to submit documentation to the
				Department within 14 days of issuing a certification as required under Section
				 386.986(4)(b),
				F.S., as required by Section
				 459.015(1)(ww),
				F.S. The first-time violation shall result in a $100.00 fine and requirement
				for submission of delinquent documentation within 14 days. The second-time
				violation shall result in a $250.00 fine as requirement for submission of
				delinquent documentaiton within 14 days.
(u) Failure to consult the Prescription Drug
				Monitoring system as required by section
				 893.055(8),
				F.S. The first-time violation shall result in a $100.00 fine. The second-time
				violation shall result in a $150.00 fine. The third-time violation shall result
				in a $200.00 fine.
(v) Failure to
				report adverse incidents occurring in planned out-of-hospital births as
				required by Section  456.0495, F.S. The fine shall be
				$1, 000.00.
(w) Failure of the
				designated physician of a pain management clinic to notify the Board within 10
				days of terminating his or her employment with the pain management clinic; or
				failure of any physician practicing in a pain management clinic to notify the
				Board of his or her beginning or ending practice at a pain management clinic,
				as required by Section
				 459.0137(3)(e),
				F.S. The fine shall be $250 and the submission of the required notice within 10
				days for a first-time violation. The fine shall be $500 and the submission of
				the required notice within 10 days for a second-time violation.
(x) Failure to comply with the provisions of
				Section  456.44(7)(c),
				F.S., to inform the patient of nonopioid alternatives for the treatment of
				pain, to discuss the advantages and disadvantages of the use of nonopioid
				alternatives, to provide the Department's educational pamphlet, or to document
				the nonopioid alternatives in the patient's record. The fine shall be $50.00
				for a first-time violation, $75.00 for a second-time violation, and $100.00 for
				a third-time violation.