Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B15 - Board of Osteopathic Medicine › Chapter 64B15-19 - DISCIPLINARY GUIDELINES › Section 64B15-19.0065 - Notices of Noncompliance; Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of
				Section  456.073(3),
				F.S., the Board finds the following list to be first time minor offenses. A
				minor offense is defined as an offense where there is no danger to public
				health, safety, and welfare and no indication of a serious inability to
				practice the profession, appropriate for notices of noncompliance. A notice of
				noncompliance in lieu of other action is authorized only if the violation is
				not a repeat violation and only if there is only one violation. If there are
				multiple violations, then the Department may not issue a notice of
				noncompliance, but must prosecute the violations under the other provisions of
				Section  456.073, F.S. There are only two
				exceptions to the prohibition against use of a notice of noncompliance when
				there is more than one violation. The first is that a notice of noncompliance
				may be issued to a registered dispensing practitioner for a first time
				violation of one or more of the violations listed in paragraph (2)(b),
				subparagraphs 2., 3., if there is no evidence of diversion. The second is that
				a notice of noncompliance may be issued to a licensee for a first time
				violation of one or both of the violations listed in paragraph (2)(c). Failure
				of a licensee to take action in correcting the violation within 15 days after
				notice may result in the institution of regular disciplinary
				proceedings.
(2) The following
				violations are those for which the Board authorizes the Department to issue a
				notice of noncompliance.
(a) Advertising
				offenses specified herein.
1. Section
				 459.015(1)(d),
				F.S., which provides for physician discipline when the physician is found
				guilty of false, deceptive, or misleading advertising. The only type of false,
				deceptive, or misleading advertising which would be resolved by a notice of
				noncompliance would be advertising which is false, deceptive, or misleading
				because it fails to list the name of the physician conspicuously in the
				advertisement contrary to subsection
				 64B15-14.001(2),
				F.A.C. This would also be a violation of Section
				 459.015(1)(pp),
				F.S., which provides for physician discipline when a physician is found guilty
				of, among other things, violating a rule of the board.
2. Section
				 459.015(1)(g),
				F.S., which provides for physician discipline when the physician is found
				guilty of failing to perform a statutory or legal obligation placed upon a
				licensed physician. The specific statutory obligation related to advertising,
				which, if not performed might merit the issuance of a notice of noncompliance,
				would be a failure to perform the statutory obligation set forth in Section
				 456.062, F.S., provides that a
				specific disclosure statement must appear in any advertisement for a free,
				discounted fee, or reduced fee service, examination or treatment by a health
				care practitioner licensed pursuant to Chapter 459, F.S.