Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.017 - 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. The form to be
				used is specified in rules of the Department of Health.
(2) If the violation constitutes 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
							 458.321,
							 458.331(1)(g),
							 (x),
							 456.072(1)(e),
							 (s), F.S.)
Within 60 days 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. AND
1. Failure to document required HIV/AIDS and related
							 infections of TB CME.
$250 fine.
2. Failure to document required domestic violence
							 CME.
$250 fine.
3. Failure to document required medical errors
							 CME.
$250 fine.
4. Failure to document required HIV/AIDS and related
							 infections of TB and failure to document domestic violence CME.
$500 fine.
5. Documentation of some, but not all, 40 hours of
							 required CME for license renewal.
$50 fine for each hour not documented.
(b) Failure to comply with a CME audit.
(Sections
							 456.072(1)(e),
							 (s), F.S.)
$500 fine and compliance with the CME audit within 60
							 days.
(c) Obtaining license renewal by fraud or
							 misrepresentation (section
							 458.331(1)(a),
							 F.S.); failure to document any of the 40 hours of required CME for license
							 renewal.
(Sections
							 458.321,
							 458.331(1)(x),
							 F.S.)
$5, 000.
(d) Practice on an inactive or delinquent
							 license.
(Sections
							 458.327(1)(a),
							 458.331(1)(x),
							 F.S.)
1. For a period of up to nine months.
$200 for each month or part thereof.
2. For a period of nine months to twelve
							 months.
$300 for each month or part thereof.
(e) Failure to notify Department of change of mailing
							 address or practice address.
(Sections
							 458.319(3),
							 458.331(1)(g),
							 F.S.)
$250 fine.
(f) Failure to provide medical records upon request,
							 to a patient or A patient's legal representative or charging copying fees for
							 patient Records in violation of Rule
							 64B8-10.003, F.A.C.
(Rule
							 64B8-10.003, F.A.C.);
(Sections
							 456.057,
							 458.331(1)(g),
							 F.S.)
$500 fine and reimbursement of excessive fees
							 charged. In addition, the physician must provide the medical records to the
							 patient within 10 days.
(g) Failure to post notice on the form of a sign
							 informing patients that the physician does not have malpractice coverage
							 described in Section 458.320(1) or
							 (2), F.S.
(Sections
							 458.320(5)(f) and
							 (g),
							 458.331(1)(x),
							 F.S.)
$2, 000 fine.
(h) Negligently disseminating false, deceptive or
							 misleading advertising.
(Section
							 458.331(1)(d),
							 F.S.)
1. Advertising violations other than those included
							 in subparagraph 64B8-8.011(3)(a)
							 1., F.A.C.
$500 fine.
2. Advertising or holding oneself out as a
							 board-certified specialist, if not qualified under Section
							 458.3312, F.S.
(Section
							 458.331(1)(ll),
							 F.S.)
$500 fine.
(i) Failure to update physician profile as required
							 in Sections 456.039(3) and
							 458.319(1),
							 F.S.
(Section
							 456.039(3)(b),
							 F.S.)
$1, 000 fine; 3 hours CME in ethics within 60 days;
							 and requirement that physician update the profile within 60 days.
(j) Negligently making misleading or untrue
							 statements on the physician profile.
(Section
							 456.072(1)(v),
							 F.S.)
$1, 000 fine and 3 hours CME in ethics within 60
							 days.
(k) Failure to verify the content of practitioner's
							 profiling information pursuant to Section
							 456.041(7),
							 F.S.
$100 per day fine not to exceed $1, 000.
(l) Failure to notify the Board in writing within 30
							 days if action as defined in Section
							 458.331(1)(b),
							 F.S., has been taken against one's license to practice medicine in another
							 state, territory, or county if that action was based on action taken by the
							 Florida Board of Medicine.
$1, 000 fine.
(m) 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.
(Sections
							 458.331(1)(g)
							 and 456.072(1)(k),
							 F.S.)
1. For non-willful violations.
$100 fine.
2. For willful violations.
$500 fine.
(n) Failure to pay fine or costs imposed by Board
							 Order within 30 days of the due date of the fine or costs.
$1, 000 fine.
(o) Failure to display a clinic registration
							 certificate (after failure to comply with issuance of a notice of
							 non-compliance).
$500 fine.
(p) Failure to post signs identifying
							 medical/clinical director of clinic in conspicuous location (after failure to
							 comply with issuance of a notice of non-compliance).
$500 fine.
(q) Section
							 458.331(1)(h),
							 F.S., unintentional failure to file a report as required.
$500 fine.
(r) Negligently failing to file a report or record
							 required by state or federal law.
$500 fine.
(s) Failure of designated physician in pain
							 management clinic to submit the data required by Section 458.3265(2)(j)2.,
							 F.S.
(Section
							 458.331(1)(g),
							 F.S.)
$1, 000 fine and submission of the delinquent data
							 within 30 days.
(t) Willfully failing to comply with Section
							 627.64194 or
							 641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							 458.331(1)(tt),
							 F.S.)
First-time Citation - $250 fine.
Second-time Citation - $1, 000 fine.
(u) Failure to submit documentation to the Department
							 within 14 days of issuing a certification as required under Section
							 381.986(4)(b),
							 F.S.,
(Section
							 458.331(1)(uu),
							 F.S.)
First time Citation - $100 fine and submission of
							 delinquent documentation within 14 days.
Second time Citation - $250 and submission of
							 delinquent documentation within 14 days.
(v) Failure to consult the Prescription Drug
							 Monitoring system as required by Section
							 893.055(8),
							 F.S.
(Section 458.331)(g), F.S.)
First time Citation - $100 fine.
Second time Citation - $150 fine.
Third time Citation - $200 fine.
(w) Failure to report adverse incidents occurring in
							 planned out-of hospital births as required by Section
							 456.0495, F.S.
(Section
							 458.331(1)(g),
							 F.S.)
$1, 000.00 fine.
(x) 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 458.3265(3)(e),
							 F.S.
(Section 458.331(1)(pp)9., F.S.)
First time Citation - $250 and submission of required
							 notification within 10 days.
Second time Citation - $500 and submission of
							 required notification within 10 days.
(y) 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.
First time Citation - $50 fine.
Second time Citation - $75 fine.
Third time Citation - $100 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 chose to follow the procedures of
				Section 456.073,
				F.S.
Rulemaking Authority
					 456.077,
					 458.309 FS. Law Implemented
					 456.072(2)(d),
					 456.077
					 FS.
New 12-30-91, Formerly 21M-20.017, Amended 11-4-93,
					 Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99,
					 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06, 1-16-08, 12-22-09,
					 7-9-12, 7-6-15, 11-9-16, 8-28-18, 11-12-18,
					 12-12-19.