64B13-15.006. Designation of Patient Care Violations; Major; Minor

(1) Violations of the following statutory and rule provisions are considered to be Minor Patient Care Violations:

(a) Subsections (1) and (8) of Section 463.0135, F.S., entitled “Standards of Practice.”

(b) Subsections (1) and (2) of Rule 64B13-3.007, F.A.C., entitled “Minimum Procedures for Comprehensive Eye Examination,” if the violation is a first offense of failing to perform or record.

(c) Rule 64B13-3.010, F.A.C., entitled “Standard of Practice for Licensed Optometrists” if the violation does not substantially affect patient care.

(2) Violations of the following statutory and rule provisions are considered to be Major Patient Care Violations:

(a) Violations of subsection (1), (3) or (4) of Section 463.0055, F.S., entitled “Administration and Prescription of ocular pharmaceutical agents,” which substantially affect patient care.

(b) Violations of Section 463.009, F.S., entitled “Supportive Personnel” which substantially affect patient care.

(c) Subsection (1) of Section 463.012, F.S., entitled “Prescriptions; Filing; Release; Duplication” if the violation substantially affects patient care.

(d) Subsections (2), (3), (4), (5), (6) and (7) of Section 463.0135, F.S., entitled “Standards of Practice.”

(e) Subsections (3) and (4) of Section 463.014, F.S., entitled “Certain Acts Prohibited.”

(f) Paragraph (2)(b) of Section 463.015, F.S., entitled “Violations and Penalties.”

(g) Paragraphs (1)(g), (p) and (t) of Section 463.016, F.S., entitled “Grounds for Disciplinary Action; Action by the Board.”

(h) Subsections (1), (2), (3), (4), (5), (6), (7) and (8) of Rule 64B13-3.004, F.A.C., entitled “Minimum Equipment Requirements.”

(i) Subsections (1) and (2) of Rule 64B13-3.007, F.A.C., entitled “Minimum Procedures for Comprehensive Eye Examination,” if the violation is at least a second offense of failing to perform or record.

(j) Rule 64B13-3.008, F.A.C., entitled “Corporate, Lay, and Unlicensed Practice of Optometry Prohibited.”

(k) Rule 64B13-3.012, F.A.C., entitled “Prescriptions” if the violation involves substantial errors or omissions directly affecting patient care.

(l) Rule 64B13-3.010, F.A.C., entitled “Standard of Practice for Licensed Optometrists” if the violation substantially affects patient care.

(m) Violations of subsection (2) of Rule 64B13-3.100, F.A.C., entitled “Standards for the Prescribing of Controlled Substances for the Treatment of Acute Pain.”

(n) Paragraphs 456.072(1)(d), (j), (l), (n), (o), (p), (u), (y), (z), (aa), (cc), (gg), (qq), (rr), (ss), F.S., entitled “Grounds for Discipline; Penalties; Enforcement.”

(o) Section 456.063, F.S., entitled “Sexual Misconduct; Disqualification for License, Certificate or Registration.”

(p) Paragraph 456.072(2)(d), F.S., when the offense is found to be fraud or making a false or fraudulent representation.

(q) Subsections (1), (2) and (5) of Section 465.0276, F.S., entitled “Dispensing Practitioner,” if the violation results in actual harm to the patient.

(r) Subsection 893.05(1), F.S., entitled “Practitioners and persons administering controlled substances in their absense.”

(3) For any offense which is not specified above or in subsection (1) or (2) of Rule 64B13-15.005, F.A.C., the Board will apply the guideline penalty based on the offense listed which is most comparable to the offense charged.

Rulemaking Authority 456.079, 463.005(1) FS. Law Implemented 456.079, 465.0276(4) FS. History–New 2-24-87, Formerly 21Q-15.006, 61F8-15.006, 59V-15.006, Amended 5-1-02, 10-30-08, 11-20-13, 11-5-14, 10-2-18, 4-3-19, 12-6-21.