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Florida Administrative Code (Last Updated: June 27, 2024) |
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64. Department of Health |
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64B17. Board of Physical Therapy Practice |
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64B17-7. Disciplinary Guidelines |
1(1) “Citation” means an instrument which meets the requirements set forth in Section 14456.077, F.S., 16and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule. 37All citations will include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 60 days, and impose whatever obligations will remedy the offense. If the violation is not corrected, or is disputed, the Department shall follow the procedure set forth in Section 89456.073, F.S.
91(2) 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.
117(3) The Board designates the following as citation violations:
126(a) 127Failure to include the disclosure statement in an advertisement as required by Section 140456.062, F.S., 142advertising 143for discounted services, a fine of $250.
150(b) Failure to turn over patient records 157as required by 160Section 161456.057, F.S., 163a fine of $100.
167(c) Failure to report in writing to the Board 176within 30 days 179after criminal conviction of licensee 184as required by 187Section 188456.072(1)(x), F.S., 190a fine of $250.
194(d) Failure to report another licensee in violation of a statute or rule of the Board, as required by Section 214456.072(1)(i), F.S., 216a fine of $500.
220(e) Making or filing a report which the licensee knows to be false, or negligently failing to file a report or record required by state or federal law, as prohibited by Section 252456.072(1)(l), F.S., 254a fine of $500.
258(f) Non-intentional issuance of a bad check to the Department under Section 270486.125(1)(k), F.S., 272a fine of $100.
276(g) Failure of the licensee to satisfy continuing education requirements established by the Board 290pursuant to 292Rule 29364B17-9.001, 294F.A.C.:
2951. Fines:
297a. Failure to complete less than 9 hours, a fine of $300.
309b. Failure to complete between 9 and 16 hours, a fine of $600.
322c. Failure to complete between 17 and 24 hours, a fine of $1,000.
3362. Licensee must provide proof of completion of the deficient hours within 60 days of the date the citation was filed.
357(h) Falsely certifying compliance with required continuing education requirements for the purpose of renewing a license as required by Section 377486.109, F.S., 379a fine of $2,000.
384(i) Failure to comply with a continuing education audit request as required by Sections 398486.109 399and 400486.125(1)(k), F.S., 402a fine of $250, and licensee must provide proof of compliance with continuing education requirements within 60 days of the date the citation was filed.
427(j) Failure to 430keep current mailing or practice address on file or 439notify the Board office in writing of a change of address 450as required by 453Rule 45464B17-6.004, 455F.A.C., a fine of $250.
460(k) Failure to pay required fees, fines, or costs in a timely manner as required by Rule 47764B17-7.0025, 478F.A.C., a fine of $150.
483(4) In addition to the penalties established in this rule, the Department shall recover the costs of investigation in accordance with its rules. The penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department’s cost of investigation.
529(5) If the subject does not dispute any matter contained in the citation, within thirty days after service, the citation shall become a final order of the Board.
557Rulemaking Authority 559456.077, 560486.025 FS. 562Law Implemented 564456.077 FS. 566History–New 1-19-92, Formerly 21MM-7.003, Amended 10-28-93, Formerly 61F11-7.003, 59Y-7.003, Amended 1-6-99, 1-6-02, 4-18-04, 7-13-05, 11-16-08, 7-7-10, 5-12-14.
