64B15-19.007. 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 for a complaint that is the basis for the citation.

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

(a) Falsely certifying compliance with required continuing medical education hours for the purpose of renewing a license or certificate. The fine shall be $2,000.

(b) Failure to keep current mailing or practice address on file with the Board. The fine shall be $250.

(c) Failure to register as a dispensing practitioner. The fine shall be $500.

(d) Failure of the licensee to satisfy continuing education hours. The fine shall be $75 for each hour not completed or completed late. In addition, the licensee shall make up all hours not completed, and such hours shall not be counted toward the current renewal cycle.

(e) Failure to report to the Board 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. The fine shall be $800.00.

(f) Failure to conspicuously list the name of the osteopathic physician in an advertisement as required in paragraph 64B15-14.001(2)(k), F.A.C. The fine shall be $500.00.

(g) Advertising or holding oneself out as a board-certified specialist, if not qualified under Section 459.0152, F.S. The fine shall be $1,500.00.

(h) Failure to include the disclosure statement in an advertisement as required in Section 456.062, F.S. The fine shall be $750.00.

(i) Failure to timely provide medical records, upon request to a patient or a patient’s legal representative. The fine shall be $500.00.

(j) Charging copying fees for patient records in violation of Rule 64B15-15.003, F.A.C. The fine shall be $750.00.

(k) Failure to update physician profile as required in Sections 456.039(3) and 459.008, F.S. The fine shall be $50 per day not in compliance not to exceed $5,000.00.

(l) Failure to comply with Section 381.0261, F.S., by failing to inform patients of the address and telephone number of the agency responsible for responding to patient complaints or failure to make available a summary of rights to patients as required in Sections 459.015(1)(g) and 456.072(1)(k), F.S.; Section 381.0261(4)(b), F.S. The fine shall be $100 non-willful and $500 willful.

(m) Failure to report another licensee in violation; Sections 456.072(1)(i) and 459.015(1)(e), F.S. The fine shall be $500.00.

(n) Allowing a physician in training who has failed to register as required in Section 459.021, F.S., to practice medicine. The director of medical education in the training program shall be fined $500.00 for violating Section 456.072(1)(j), F.S.

(o) Failure to comply with the guidelines for the use of obesity drugs in instances which do not result in patient harm. The fine shall be $500.00.

(p) Failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs. The fine shall be $1,000.00.

(q) Negligently failing to file a report or record required by state or federal law. The fine shall be $500.00.

(r) Failure of the designated physician in pain management clinic to submit the data required by Sections 459.0137(2)(j)2. and 459.015(1)(g), F.S. The fine shall be $1,000.00 and a requirement to submit the delinquent data within 30 days.

(s) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice, as required by Section 459.015(1)(vv), F.S. The fine shall be $250.00 for a first time violation and the fine shall be $1,000.00 for a second time violation.

(t) Failure to submit documentation to the Department within 14 days of issuing a certification as required under Section 386.986(4)(b), F.S., as required by Section 459.015(1)(ww), F.S. The first-time violation shall result in a $100.00 fine and requirement for submission of delinquent documentation within 14 days. The second-time violation shall result in a $250.00 fine as requirement for submission of delinquent documentaiton within 14 days.

(u) Failure to consult the Prescription Drug Monitoring system as required by section 893.055(8), F.S. The first-time violation shall result in a $100.00 fine. The second-time violation shall result in a $150.00 fine. The third-time violation shall result in a $200.00 fine.

(v) Failure to report adverse incidents occurring in planned out-of-hospital births as required by Section 456.0495, F.S. The fine shall be $1,000.00.

(w) Failure of the designated physician of a pain management clinic to notify the Board within 10 days of terminating his or her employment with the pain management clinic; or failure of any physician practicing in a pain management clinic to notify the Board of his or her beginning or ending practice at a pain management clinic, as required by Section 459.0137(3)(e), F.S. The fine shall be $250 and the submission of the required notice within 10 days for a first-time violation. The fine shall be $500 and the submission of the required notice within 10 days for a second-time violation.

(x) Failure to comply with the provisions of Section 456.44(7)(c), F.S., to inform the patient of nonopioid alternatives for the treatment of pain, to discuss the advantages and disadvantages of the use of nonopioid alternatives, to provide the Department’s educational pamphlet, or to document the nonopioid alternatives in the patient’s record. The fine shall be $50.00 for a first-time violation, $75.00 for a second-time violation, and $100.00 for a third-time violation.

(4) If the subject does not dispute the matter in the citation in writing within 30 days after the citation is served by personal service or within 30 days after receipt by certified mail, the citation shall become a final order of the Board of Osteopathic Medical Examiners. For violations of paragraphs (3)(a) through (c), and (3)(e) through (o), above, the subject has 30 days from the date the citation becomes a final order to pay the fine and costs. For violations of paragraph (3)(d), above, the subject has one year from the date the citation becomes a final order to pay the fine and costs and to submit certified documentation of completion of all CEU requirements for the period for which the citation was issued.

Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 459.015(1)(bb), F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Department of Health – Citation.”

(5) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 64B15-19.003, F.A.C.

Rulemaking Authority 456.077 FS. Law Implemented 456.077 FS. History–New 10-28-91, Amended 8-24-92, 11-17-92, Formerly 21R-19.007, 61F9-19.007, 59W-19.007, Amended 11-27-97, 11-12-00, 1-29-03, 7-13-03, 5-12-05, 4-15-10, 10-8-12, 8-13-15, 11-27-16, 8-9-18, 11-15-18, 2-12-20.