64B2-16.0075. 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, an applicant, a candidate trainee, or any other person within the jurisdiction of this Board, 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 sixty (60) days, and impose whatever obligations will remedy the offense.

(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 which is the basis for the citation.

(3) The Board designates the following as citation violations, which shall result in a penalty of $500, except for the advertising violations listed in paragraph (e), below, if the citation is accepted by the licensee:

(a) Failure to notify the Department of change of address, Section 456.035, F.S.

(b) Failure to review and correct any factual inaccuracies in the practitioner profile within fifteen (15) days of when furnished based upon any information provided by the practitioner, Sections 456.041, 456.042, 456.072(1)(w), F.S.

(c) Failing to report to the Department any person whom the licensee knows is in violation of the laws and rules of the Department or Board, Sections 456.072(1)(x), 460.413(1)(g), F.S.

(d) Failing to provide, upon request of the insured, a copy of a claim submitted to any third-party payor for service of treatment of the insured, Section 460.413(1)(aa), F.S.

(e) Advertising. A violation of the following shall result in a penalty of $2,500, if the citation is accepted by the licensee:

1. Any discounted or free service without including the required statement, Section 456.062, F.S.

2. Failing to include in an advertisement for free x-rays and/or video fluoroscopy that x-rays or video fluoroscopy will be given only if medically necessary, paragraph 64B2-15.001(2)(b), F.A.C.

3. Failing to specifically name each individual chiropractor participating in a referral service or bureau when advertising a chiropractic referral service or bureau, paragraph 64B2-15.001(2)(b), F.A.C.

4. Failing to include a reference to the chiropractor by name and degree in any advertisement generated on behalf of the chiropractor, paragraph 64B2-15.001(2)(b), F.A.C.

5. Failing to conspicuously identify the chiropractor(s) listed in the advertisement as a chiropractor, paragraph 64B2-15.001(2)(f), F.A.C.

6. Disseminating an advertisement that contains a representation that identifies the chiropractic practice being advertised by a name that fails to include the terms “chiropractor,” “chiropractic,” “the initials, D.C.,” “chiropractic physician,” “doctor of chiropractic medicine,” or similar derivative, paragraph 64B2-15.001(2)(h), F.A.C.

7. Advertising that a chiropractor has received Diplomate status in a specialty area not recognized by the Board, paragraph 64B2-15.001(2)(i), F.A.C.

(f) Failing to maintain financial responsibility for a period of not more than thirty (30) days, Rule 64B2-17.009, F.A.C.

(g) Failing to identify the type of licensure under which the practitioner is practicing, Section 456.072(1)(t), F.S.

(4) Failure of chiropractic physicians to complete the required continuing education during the biennial license period; Section 456.072(3), F.S.

(a) Failure to complete less than twenty (20) hours shall result in a penalty of $2,500;

(b) Failure to complete twenty-one (21) or more hours will result in a penalty of $5,000.

(c) Failure to comply with Rule 64B2-13.007, F.A.C., shall result in a penalty of $1,000.

(5) Failure to comply with fingerprint retention in the Care Provider Background Screening Clearinghouse as required by Sections 456.0135(3) and (4), F.S., shall result in a penalty of $100 and proof of compliance.

(6) Failure to update information pursuant to Section 456.039(1), F.S., in writing within forty-five (45) days after the occurrence of an event or attainment of a status required to be reported; Section 456.039(3), F.S., shall result in a fine of $50 per day not in compliance, not to exceed $5,000.

(7) If the subject does not dispute the matter in the citation in writing within thirty (30) days after the citation is served by personal service or within thirty (30) days after receipt by certified mail, the citation shall become a final order of the Board. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 460.413(1)(v), F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Department of Health – Citation.”

(8) 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.

(9) 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 456.039(3), 456.077, 460.405 FS. Law Implemented 456.035, 456.039(3), 456.072(3), 456.073 FS. History–New 1-19-92, Amended 4-26-93, Formerly 21D-16.0075, 61F2-16.0075, Amended 7-18-95, Formerly 59N-16.0075, Amended 2-11-99, 5-31-00, 10-7-02, 11-30-03, 11-1-04, 4-13-05, 11-9-06, 11-5-07, 3-18-20, 12-9-21.