64B2-16.0075: Citations
PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to add violations for which citations may be issued.
SUMMARY: The proposed rule amendment adds violations for which citations may be issued.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 456.039(3), 456.077, 460.405 FS.
LAW IMPLEMENTED: 456.035, 456.039(3), 456.072(3), 456.073 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259
THE FULL TEXT OF THE PROPOSED RULE IS:
64B2-16.0075 Citations.
(1) through (2) No change.
(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) through (d) No change.
(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 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 was 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) No change.
(g) Failing to identify the type of licensure under which the practitioner is practicing, Section 456.072(1)(t), F.S.
(4) through (9) No change.
Specific 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,_________.
