64B3-12.002. Citations

(1) “Citation” means an instrument which meets the requirements set forth in section 456.077, F.S., and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule. All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 60 days, and impose whatever obligations will remedy the offense, except that up to six months shall be permitted with regard to the completion of continuing education credit hours.

(2) In lieu of the disciplinary procedures contained in section 456.073, F.S., the Department may issue a citation to the subject within six months after the filing of the complaint which is the basis for the citation.

(3) The Board designates the following offenses as citation violations, which shall result in a penalty of $250:

(a) Failure to pay one of the licensure renewal fees set forth in rule 64B3-9.004, F.A.C., during which time the person continues to practice for up to 60 days.

(b) Attempting to pay any of the fees set forth in chapter 64B3-9, F.A.C., by tendering a check payable to the Board of Clinical Laboratory Personnel or to the Department of Health that is dishonored by the institution upon which it is drawn.

(c) Failure to notify the Department of a change of address within 60 days as required by rule 64B3-1.006, F.A.C.

(d) Failure to pay any of the fees set forth in chapter 64B3-9, F.A.C.

(e) Failure to report to the Board in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction as required by section 456.072(1)(x), F.S.

(f) Failure to report to the Board in writing within 30 days of action taken against a license to practice by another jurisdiction as required by section 483.825(1)(k), F.S.

(g) Failure to comply with a portion of a Final Order of the Board due to negligence pursuant to section 483.825(1)(n), F.S.

(4) Failure to comply with and document continuing education requirements shall result in a fine of $50.00 per hour missing or incomplete.

(5) In addition to the penalties established in this rule, the Department shall recover the costs of investigation. The penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.

(6) If the subject disputes any matter contained in the citation, within thirty days after service, the Department shall follow the procedure set forth in section 456.073, F.S. Otherwise, the citation shall become a final order of the Board.

(7) The Department shall report to the Board regarding the number of citations issued and the nature of the offenses for which they were issued.

Rulemaking Authority 456.077(1), (2), 483.805(4) FS. Law Implemented 456.077(1), (2), (3) FS. History–New 8-3-93, Formerly 61F3-12.002, 59O-12.002, Amended 4-10-01, 9-9-02, 2-24-04, 12-6-07, 11-25-08, 10-1-19.