Florida Regulations 64B8-30.014: Citation Authority
Terms Used In Florida Regulations 64B8-30.014
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(2) If the violation constituted a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.
(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:
VIOLATIONS
PENALTY
(a) CME violations.
(Section 458.347(7)(c), F.S.)
(Section 458.331(1)(g), (x), F.S.)
(Section 456.072(1)(e), (s), F.S.)
Within twelve months 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; prior to renewing the license for the next biennium, Respondent must document compliance with the CME requirements for the relevant period; AND pay a $250 fine. In addition, the Respondent will be subject to a CME audit for the next two biennial renewal periods.
1. Failure to document required HIV/AIDS CME.
(Florida Statutes § 456.033)
$250 fine.
2. Failure to document required domestic violence or end-of-life and palliative health care CME.
(Florida Statutes § 456.031)
$250 fine.
3. Failure to document required prevention of medical errors CME.
(Florida Statutes § 456.013(7))
$250 fine.
4. Failure to document both the required HIV/AIDS and domestic violence, or end-of-life and palliative health care CME.
$500 fine.
5. Documentation of some, but not all, 100 hours of required CME for license renewal.
$25 fine for each hour not documented.
(b) Obtaining license renewal by negligent misrepresentation.
(Section 458.347(7)(g), F.S.)
(Section 458.331(1)(a), F.S.)
$2500 fine.
(c) Failure to document any of the 100 hours of required CME for license renewal.
(Section 458.347(7)(c), F.S.)
(Section 458.331(1)(x), F.S.)
$2500 fine.
(d) Practice on an inactive or delinquent license.
(Florida Statutes § 456.036(1))
(Section 458.327(1)(a), F.S.)
(Section 458.347(7)(f), F.S.)
(Section 458.331(1)(x), F.S.)
1. For a period of up to nine months.
$100 for each month or part thereof.
2. For a period of nine months to twelve months.
$150 for each month or part thereof.
(e) Failure to notify Department of change of practice and/or mailing address.
(Florida Statutes § 456.035)
(Florida Statutes § 458.319(3))
(Section 458.331(1)(g), F.S.)
$125 fine.
(f) Failure of the physician assistant to clearly identify that he/she $250 fine is a physician assistant.
(Section 458.347(4)(e)1., F.S.)
(Section 458.347(7)(f), F.S.)
(Section 458.331(1)(g), F.S.)
(g) Failure to notify the Board in writing within 30 days if an action $500 fine as defined in Section 458.331(1)(b), F.S., has been taken against one’s license to practice as a physician assistant in another state, territory, or country if that action was based on action taken by the Florida Board of Medicine.
(Section 458.331(1)(kk), F.S.)
(Section 456.072(1)(w), F.S.)
(h) First time failure to pay fine or costs imposed by Board Order $500 fine within 30 days of the due date of the fine or costs. (Failure to pay more than 30 days after the due date will result in an administrative complaint.)
(Section 456.072(1)(q), F.S.)
(i) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 458.331(1)(tt), F.S.)
First-time Citation – $250 fine.
Second-time Citation – $1,000 fine.
(j) Failure to consult the Prescription Drug Monitoring System as required by Florida Statutes § 893.055(8)
(Section 458.331(1)(g), F.S.)
First-time Citation – $100 fine.
Second-time Citation – $150 fine.
Third-time Citation – $200 fine.
(4) Citations shall be issued to licensees by the Bureau of Investigative Services only after review by the legal staff of the Department.
(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 dispute the citation and chose to follow the procedures of Florida Statutes § 456.073
Rulemaking Authority 456.077, 458.309, 458.347(8)(c)2., (12) FS. Law Implemented 456.077, 458.331, 458.347(6)(e), (11) FS. History-New 3-3-02, Amended 5-19-03, 11-17-03, 5-4-04, 12-12-05, 8-2-06, 8-18-09, 5-17-17, 11-15-18, 12-6-21.