64B10-14.006. Citations

(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a licensee or certificateholder for the purpose of assessing a penalty in an amount established by this rule.

(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint that is the basis for the citation. If a violation for which a citation may be issued is discovered during the course of an investigation for an unrelated violation, the citation must be issued within 6 months from the discovery of the violation and filing of the uniform complaint form by the investigator.

(3) The following violations with accompanying fines may be disposed of by citation:

(a) Practice on a delinquent license or certificate for less than six months. The fine shall be $50 for each month of practice.

(b) Falsely certifying compliance with continuing education hours required for renewal of licensure or certification. If the individual has no documentation, the fine shall be $1,500.00.

(c) Paperwork deficiencies that have been corrected and have no patient harm. The fine shall be $250.00.

(d) Failing to report to the Board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contentere to, regardless of adjudication, a crime in any jurisdiction. The fine shall be $500.00.

(4) Tendering a check payable to the Board of Nursing Home Administrators or to the Department of Health that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check within 30 days.

(5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedure 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 violations not described herein, then the procedures of Section 456.073, F.S., shall apply.

Rulemaking Authority 456.073, 456.077 FS. Law Implemented 456.077 FS. History–New 3-1-92, Formerly 21Z-14.006, 61G12-14.006, Amended 7-21-97, Formerly 59T-14.006, Amended 5-15-00, 8-23-00, 2-23-06, 2-24-08, 1-5-23, 5-16-23.