64B18-14.010. Citations

(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 shall be required by the Department to pay the costs of investigation.

(2) Citations may only be issued for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with other violations, then the procedures of section 456.073, F.S., shall apply.

(3) The following violations may be disposed of by the Department by citation with the specified penalty:

VIOLATIONS	PENALTY
(a) CME violations Podiatrist. (Section 456.077(2), F.S.)
1. Failure to document 40 of the 40 required hours.	$5,000 fine and reprimand.
2. Failure to document required two (2) hour medical errors, HIV/AIDS, Florida laws and rules, or risk management CME.	$500 fine per category.
3. Documentation of some, but not all 40 hours of required CME for license renewal.	$125 fine for each hour not documented.
4. Failure to attend during the first biennium or within twenty-four (24) months of initial licensure one full day of a meeting of the Board of Podiatric Medicine at which disciplinary hearings are conducted. Guidelines outlined in Rule 64B18-17.005, F.A.C.	$500 fine and required attendance of one full day of board meeting.
(b) CME violations: Podiatric X-ray Assistant.	$150 fine.
Failure to document required eight (8) hour recertification course.
(c) Practice on a delinquent license for a period of up to three months. (Section 461.012(1)(a), F.S.)	$500 fine for Podiatrist; $150 fine for Podiatric X-ray Assistant.
(d) Failure to notify Department of change of current mailing address and place of practice. (Sections 461.013(1)(h) and 456.035(1), F.S.)	$500 fine for Podiatrist; $150 fine for Podiatric X-ray Assistant.
(e) Failure to provide medical record of one patient in a timely manner. (Section 456.057, F.S.)	$500 fine and proof records were provided.
(f) Failure to provide the disclaimer required for free or discounted services. (Sections 456.062 and 456.077(2), F.S.)	$500 fine.
(g) Soliciting patients. (Sections 456.077(2) and 461.013(1)(k), F.S.)	$500 fine.
(h) Tendering a check payable to the Board of Podiatric Medicine or to the Department of Health that is dishonored by the institution upon which it is drawn.	$100 fine and payment of the check within 30 days.
(i) Failure to pay required costs and fines. (Section 456.077(2), F.S.)	$2,500 fine and compliance of outstanding costs and fines within sixty days.
(j) Failure to comply with sections 381.026 and 381.0261, F.S., referencing patients bill of rights. (Section 456.077(2), F.S.)	$250 fine and compliance within ten days.
(k) Failure to submit or update profiling or credentialing information. (Sections 456.039(3)(b) and 456.077(2), F.S.)	A fine of $50.00 per day.
(l) Failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to prescribing or dispensing a controlled substance. (Section 456.072(1)(gg), F.S., by a violation of section 893.055(8), F.S.)	$50.00 fine.

(4) The subject has 30 days from the date the citation becomes a final order to pay any fine imposed and costs. All fines and costs are to be made payable to the “Department of Health” and sent to the Board of Podiatric Medicine, at the Department of Health in Tallahassee. A copy of the citation shall accompany the payment of the fine.

(5) Should the licensee fail to or refuse to accept a citation, the matter shall be referred to the probable cause panel for procedures consistent with provisions of section 456.072, F.S., and the penalties outlined in rule 64B18-14.002, F.A.C.

Rulemaking Authority 456.072, 456.077, 461.005 FS. Law Implemented 456.057, 456.062, 456.072, 456.077, 461.012 FS. History–New 1-19-92, Formerly 21T-14.010, 61F12-14.010, Amended 3-26-95, 2-25-96, 6-17-97, Formerly 59Z-14.010, Amended 11-23-00, 8-13-02, 7-26-04, 6-14-06, 10-11-06, 10-7-07, 6-8-08, 11-10-11, 9-8-16, 1-2-19.