64B8-8.017. Citation Authority  

Effective on Thursday, December 12, 2019
  • 1In lieu of the disciplinary procedures contained in Section 10456.073, F.S., 12the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

    59(1) Pursuant to section 63456.077, F.S., 65the 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 may be required by the Department to pay the costs of investigation. The form to be used is specified in rules of the Department of Health.

    159(2) If the violation constitutes a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.

    188(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:



    207(a) CME violations.

    210(Sections 211458.321, 212458.331(1)(g), 213(x), 214456.072(1)(e), 215(s), F.S.)

    217Within 60 days of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued. AND

    2481. Failure to document required HIV/AIDS and related infections of TB CME.

    260$250 fine.

    2622. Failure to document required domestic violence CME.

    270$250 fine.

    2723. Failure to document required medical errors CME.

    280$250 fine.

    2824. Failure to document required HIV/AIDS and related infections of TB and failure to document domestic violence CME.

    300$500 fine.

    3025. Documentation of some, but not all, 40 hours of required CME for license renewal.

    317$50 fine for each hour not documented.

    324(b) Failure to comply with a CME audit.

    332(Sections 333456.072(1)(e), 334(s), F.S.)

    336$500 fine and compliance with the CME audit within 60 days.

    347(c) Obtaining license renewal by fraud or misrepresentation (section 356458.331(1)(a), F.S.358); failure to document any of the 40 hours of required CME for license renewal.

    373(Sections 374458.321, 375458.331(1)(x), F.S.377)


    380(d) Practice on an inactive or delinquent license.

    388(Sections 389458.327(1)(a), 390458.331(1)(x), F.S.392)


    3931. For a period of up to nine months.

    402$200 for each month or part thereof.

    4092. For a period of nine months to twelve months.

    419$300 for each month or part thereof.

    426(e) Failure to notify Department of change of mailing address or practice address.

    439(Sections 440458.319(3), 441458.331(1)(g), F.S.443)

    444$250 fine.

    446(f) Failure to provide medical records upon request, to a patient or A patient’s legal representative or charging copying fees for patient Records in violation of Rule 47364B8-10.003, 474F.A.C.

    475(Rule 47664B8-10.003, 477F.A.C.);

    478(Sections 479456.057, 480458.331(1)(g), F.S.482)

    483$500 fine and reimbursement of excessive fees charged. In addition, the physician must provide the medical records to the patient within 10 days.

    506(g) Failure to post notice on the form of a sign informing patients that the physician does not have malpractice coverage described in Section 530458.320(1) 531or (2), F.S.

    534(Sections 535458.320(5)(f) 536and (g), 538458.331(1)(x), F.S.540)

    541$2,000 fine.

    544(h) Negligently disseminating false, deceptive or misleading advertising.

    552(Section 553458.331(1)(d), F.S.555)


    5561. Advertising violations other than those included in subparagraph 56564B8-8.011(3)(a)1., 566F.A.C.

    567$500 fine.

    5692. Advertising or holding oneself out as a board-certified specialist, if not qualified under Section 584458.3312, F.S.

    586(Section 587458.331(1)(ll), F.S.589)

    590$500 fine.

    592(i) Failure to update physician profile as required in Sections 602456.039(3) 603and 604458.319(1), F.S.

    606(Section 607456.039(3)(b), F.S.609)

    610$1,000 fine; 3 hours CME in ethics within 60 days; and requirement that physician update the profile within 60 days.

    631(j) Negligently making misleading or untrue statements on the physician profile.

    642(Section 643456.072(1)(v), F.S.645)

    646$1,000 fine and 3 hours CME in ethics within 60 days.

    658(k) Failure to verify the content of practitioner’s profiling information pursuant to Section 671456.041(7), F.S.

    673$100 per day fine not to exceed $1,000.

    682(l) Failure to notify the Board in writing within 30 days if action as defined in Section 699458.331(1)(b), F.S., 701has been taken against one’s license to practice medicine in another state, territory, or county if that action was based on action taken by the Florida Board of Medicine.

    730$1,000 fine.

    733(m) Failure to comply with Section 739381.0261, F.S., 741by 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.

    772(Sections 773458.331(1)(g) 774and 775456.072(1)(k), F.S.777)


    7781. For non-willful violations.

    782$100 fine.

    7842. For willful violations.

    788$500 fine.

    790(n) Failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs.

    813$1,000 fine.

    816(o) Failure to display a clinic registration certificate (after failure to comply with issuance of a notice of non-compliance).

    835$500 fine.

    837(p) Failure to post signs identifying medical/clinical director of clinic in conspicuous location (after failure to comply with issuance of a notice of non-compliance).

    861$500 fine.

    863(q) Section 865458.331(1)(h), F.S., 867unintentional failure to file a report as required.

    875$500 fine.

    877(r) Negligently failing to file a report or record required by state or federal law.

    892$500 fine.

    894(s) Failure of designated physician in pain management clinic to submit the data required by Section 910458.3265(2)(j)2., F.S.

    912(Section 913458.331(1)(g), F.S.915)

    916$1,000 fine and submission of the delinquent data within 30 days.

    928(t) Willfully failing to comply with Section 627.64194 or 937641.513, F.S., 939with such frequency as to indicate a general business practice.

    949(Section 950458.331(1)(tt), F.S.952)

    953First-time Citation – $250 fine.

    958Second-time Citation – $1,000 fine.

    964(u) Failure to submit documentation to the Department within 14 days of issuing a certification as required under Section 381.986(4)(b), F.S.,

    985(986Section 987458.331(1)(uu), F.S.989)

    990First time Citation – $100 fine and submission of delinquent documentation within 14 days.

    1004Second time Citation – $250 and submission of delinquent documentation within 14 days.

    1017(v) Failure to consult the Prescription Drug Monitoring system as required by Section 1030893.055(8), F.S.

    1032(Section 1033458.3311034)(g), F.S.)

    1036First time Citation – $100 fine.

    1042Second  time Citation – $150 fine.

    1048Third time Citation – $200 fine.

    1054(w) Failure to report adverse incidents occurring in planned out-of hospital births as required by Section 456.0495, F.S.

    1072(1073Section 1074458.331(1)(g), F.S.1076)

    1077$1,000.00 fine.

    1080(x) 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 1141458.3265(3)(e), F.S.

    1143(Section 1144458.331(1)(pp)9., F.S.1146)

    1147First time Citation – $250 and submission of required notification within 10 days.

    1160Second time Citation – $500 and submission of required notification within 10 days.

    1173(y) Failure to comply with the provisions of Section 1182456.44(7)(c), F.S., 1184to inform the patient of nonopioid alternatives for the treatment of pain, to discuss the advantages and disadvantages of 1203the use of nonopioid alternatives, to provide the Department’s educational pamphlet, or to document the nonopioid alternatives in the patient’s record.

    1224First time Citation ‒ $50 fine.

    1230Second time Citation ‒ $75 fine.

    1236Third time Citation ‒ $100 fine.

    1242(4) 1243Citations shall be issued to licensees by the Bureau of Investigative Services only after review by the legal staff of the Department.

    1265(5) The Department of Health shall, at the end of each calendar quarter, submit a report to the Board of the citations issued, which report shall contain the name of the subject, the violation, fine imposed, and the number of subjects who chose to follow the procedures of Section 1314456.073, F.S.

    1316Rulemaking Authority 1318456.077, 1319458.309 FS. 1321Law Implemented 1323456.072(2)(d), 1324456.077 FS. 1326History–New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06, 1-16-08, 12-22-09, 7-9-12, 7-6-15, 11-9-16, 8-28-18, 11-12-18, 12-12-19.