Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-31 - ANESTHESIOLOGIST ASSISTANTS › Section 64B8-31.008 - Notice of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 456.073(3),
				F.S., the Department is authorized to provide a notice of noncompliance for an
				initial offense of a minor violation if the board establishes by rule a list of
				minor violations. A minor violation is one which does not endanger the public
				health, safety, and welfare and which does not demonstrate a serious inability
				to practice the profession. 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. 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 (3)(b). Failure of a licensee to
				take action in correcting the violation within 15 days after notice shall
				result in the institution of regular disciplinary proceedings.
(2) The Department shall submit to the board
				a monthly report detailing the number of notices given, the number of cases
				completed through receipt of a notarized statement of compliance from the
				licensee, and the types of violations for which notices of noncompliance have
				been issued. Notices of noncompliance shall be considered by the probable cause
				panels when reviewing a licensee's subsequent violations of a same or similar
				offense.
(3) The following
				violations are those for which the board authorizes the Department to issue a
				notice of noncompliance:
(a) Failing to
				include the specific disclosure statement required by Section
				456.062, F.S., in any
				advertisement for a free, discounted fee, or reduced fee service, examination
				or treatment.
(b) Violating any of
				the following provisions of Chapter 458, F.S., as prohibited by Sections
				458.3475 and
				458.331(1)(x),
				F.S.:
1. Section
				458.3475, F.S., which provides
				for criminal penalties for the practice as an anesthesiologist assistant
				without an active license. A notice of noncompliance would be issued for this
				violation only if the subject of the investigation met the following criteria:
				the subject was the holder of a license to practice as an anesthesiologist
				assistant at all time material to the matter; that license was otherwise in
				good standing; and that license was or will be renewed and placed in an active
				status within 90 days of the date it reverted to delinquent status based on
				failure to renew the license. If the license was in a delinquent status for
				more than 90 days and the individual continued to practice, then the matter
				would proceed under the other provisions of Sections
				456.073 and
				456.035(1),
				F.S.
2. Failing to notify the board
				of a change of practice location, contrary to Sections
				458.319(3) and
				456.035(1),
				F.S.