64B11-4.005. 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 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 may issue a citation to the subject within six months after the filing of the complaint which is the basis for the citation.

(3) The citation may be served upon the licensee by personal service or certified mail, restricted delivery, at the licensee’s last known address.

(4) The Board designates the following as citation violations:

(a) Practicing with an inactive license, up to six months, for which the Board shall impose a $100 per month penalty for each full month or partial month that the license is inactive.

(b) Practicing with a delinquent license, up to six months, for which the Board shall impose a $100 per month penalty for each full month or partial month the license is delinquent.

(c) Practicing with a retired status license, up to six months, for which the Board shall impose a $100.00 per month penalty for each full month or partial month the license is in retired status.

(d) Violating Section 468.217(1)(a), F.S., by submitting a worthless check to the Board or the Department. The penalty shall be $100.00 dollars, replacement of the amount of the check if a license was issued based on it, and costs incurred by processing the check. All payments due based on the citation shall be paid within 30 days of the date the citation is filed.

(e) First time failure to complete required continuing education hours, which includes but is not limited to required HIV/AIDS, during the biennial licensure period. The fine shall be $50.00 per hour for each hour of deficiency, up to a maximum fine of $1,000.00. In addition, licensees shall make up the deficient continuing education and take one additional hour of continuing education for each of the continuing education deficiencies, which shall not count towards meeting the continuing education renewal requirements for the next biennium. All such made up continuing education hours and additional continuing education hours shall be completed and documentation of same shall be provided to the department within 90 days of the date the citation is filed.

(f) Failure to maintain on file a current address, or failure to timely notify the Board of a change of address, as required by Rule 64B11-4.007, F.A.C.

(g) Failure to timely provide records to a patient or patient’s legal representative upon request as required by subsection 456.057(6), F.S., for which the Board shall impose a $100.00 fine per week for each full week the records are not provided, up to a maximum of $500.00.

(h) Overcharging a patient or patient’s legal representative for medical records, for which the Board shall impose a $100.00 fine;

(i) Failure to timely pay fines and costs, for which the Board shall impose a $100.00 fine per month for each full and partial month the fine or costs are overdue; and

(j) Advertising violations, for which the Board shall impose a $100.00 fine per violation.

(5) The penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s costs of investigation and prosecution as described in Section 456.072(4), F.S.

(6) If the subject disputes any matter contained in the citation, within thirty days after service, the Department shall follow the procedure set forth in Section 456.073, F.S. Otherwise, the citation shall become a final order of the Board.

Rulemaking Authority 456.077, 468.204 FS. Law Implemented 456.072, 456.077 FS. History–New 1-1-92, Formerly 21M-15.005, 61F6-15.005, Amended 11-13-96, Formerly 59R-63.005, Amended 2-20-02, 7-26-04, 8-2-05, 5-29-06, 4-10-08, 1-12-09, 8-3-14.