Fla. Admin. Code R. 64B15-6.01051

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B15-6.01051 - Citation Authority

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.

(2) If the violation constituted 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 459.022(7)(b), 459.015(1)(g), (bb), 456.072(1)(e), (s), F.S.)	Within twelve months 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; prior to renewing the license for the next biennium, Respondent must document compliance with the CME requirements for the relevant period; AND pay a $250 fine. In addition, the Respondent will be subject to a CME audit for the next two biennial renewal periods.
1. Failure to document required HIV/AIDS CME. (Section 456.033, F.S.)	$250 fine.
2. Failure to document required domestic violence, or end-of-life and palliative health care CME. (Section 456.031, F.S.)	$250 fine.
3. Failure to document required prevention of medical errors CME.	$250 fine.
4. Failure to document both the required HIV/AIDS and domestic violence, or end-of-life and palliative health care CME.	$500 fine.
5. Failure to document required prevention of medical errors CME. (Section 456.013(7), F.S.)	$250 fine.
6. Documentation of some, but not all, 100 hours of required CME for license renewal.	$25 fine for each hour not documented.
(b) Obtaining license renewal by negligent misrepresentation. (Sections 459.022(7)(f) and 459.015(1)(a), F.S.)	$2500 fine.
(c) Failure to document any of the 100 hours of required CME for license renewal. (Sections 459.022(7)(b) and 459.015(1)(bb), F.S.)	$2500 fine.
(d) Practice on an inactive or delinquent license. (Sections 456.036(1), 459.013(1)(a), 459.022(7)(f), and 459.015(1)(bb), F.S.)
1. For a period of up to nine months.	$100 for each month or part thereof.
2. For a period of nine months to twelve months.	$150 for each month or part thereof.
(e) Failure to notify Department of change of practice and/or mailing address. (Sections 456.035, 459.008(3), and 459.015(1)(g), F.S.)	$125 fine.
(f) Failure of the physician assistant to clearly identify that he/she is a physician assistant. (Sections 459.022(4)(e)1., 459.022(7)(f), 459.015(1)(g), and F.S.)	$250 fine.
(g) Failure to notify the Board in writing within 30 days if an action as defined in section 459.015(1)(b), F.S., has been taken against one's license to practice as a physician assistant in another state, territory, or country if that action was based on action taken by the Florida Board of Osteopathic Medicine. (Section 456.072(1)(w), F.S.)	$500 fine.
(h) First time failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs. (Failure to pay more than 30 days after the due date will result in an administrative complaint.) (Section 456.072(1)(q), F.S.)	$500 fine.
(i) Willfully failing to comply with section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 459.015(1)(vv), F.S.)	First-time Citation - $250 fine. Second-time Citation - $1,000 fine.
(j) Failure to consult the Prescription Drug Monitoring System as required by section 893.055(8), F.S. (Section 459.015(1)(g), F.S.)	First-time Citation - $100 fine. Second-time Citation - $150 fine. Third-time Citation - $200 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 dispute the citation and chose to follow the procedures of Section 456.073, F.S.

Fla. Admin. Code Ann. R. 64B15-6.01051

Rulemaking Authority 456.077, 459.005, 459.022(6)(e) FS. Law Implemented 456.077, 459.015, 459.022(6)(e), (11) FS.

New 3-10-02, Amended 1-12-04, 5-4-04, 12-12-05, 8-2-06, 8-18-09, Amended by Florida Register Volume 43, Number 085, May 2, 2017 effective 5/17/2017, Amended by Florida Register Volume 44, Number 212, October 30, 2018 effective 11/15/2018, Amended by Florida Register Volume 47, Number 227, November 23, 2021 effective 12/6/2021.

New 3-10-02, Amended 1-12-04, 5-4-04, 12-12-05, 8-2-06, 8-18-09, 5-17-17, 11-15-18, 12-6-21.