Florida Regulations 64B17-7.002: Citations
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(1) “”Citation”” means an instrument which meets the requirements set forth in Florida Statutes § 456.077, and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule. All 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 Florida Statutes § 456.073
(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.
(3) The Board designates the following as citation violations:
(a) Failure to include the disclosure statement in an advertisement as required by Florida Statutes § 456.062, advertising for discounted services, a fine of $250.
(b) Failure to turn over patient records as required by Florida Statutes § 456.057, a fine of $100.
(c) Failure to report in writing to the Board within 30 days after criminal conviction of licensee as required by Section 456.072(1)(x), F.S., a fine of $250.
(d) Failure to report another licensee in violation of a statute or rule of the Board, as required by Section 456.072(1)(i), F.S., a fine of $500.
(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 456.072(1)(l), F.S., a fine of $500.
(f) Non-intentional issuance of a bad check to the Department under Section 486.125(1)(k), F.S., a fine of $100.
(g) Failure of the licensee to satisfy continuing education requirements established by the Board pursuant to Fl. Admin. Code R. 64B17-9.001:
1. Fines:
a. Failure to complete less than 9 hours, a fine of $300.
b. Failure to complete between 9 and 16 hours, a fine of $600.
c. Failure to complete between 17 and 24 hours, a fine of $1,000.
2. Licensee must provide proof of completion of the deficient hours within 60 days of the date the citation was filed.
(h) Falsely certifying compliance with required continuing education requirements for the purpose of renewing a license as required by Florida Statutes § 486.109, a fine of $2,000.
(i) Failure to comply with a continuing education audit request as required by Sections 486.109 and 486.125(1)(k), F.S., a fine of $250, and licensee must provide proof of compliance with continuing education requirements within 60 days of the date the citation was filed.
(j) Failure to keep current mailing or practice address on file or notify the Board office in writing of a change of address as required by Fl. Admin. Code R. 64B17-6.004, a fine of $250.
(k) Failure to pay required fees, fines, or costs in a timely manner as required by Fl. Admin. Code R. 64B17-7.0025, a fine of $150.
(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.
(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.
Rulemaking Authority 456.077, 486.025 FS. Law Implemented Florida Statutes § 456.077. History-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.
Terms Used In Florida Regulations 64B17-7.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Statute: A law passed by a legislature.
(3) The Board designates the following as citation violations:
(a) Failure to include the disclosure statement in an advertisement as required by Florida Statutes § 456.062, advertising for discounted services, a fine of $250.
(b) Failure to turn over patient records as required by Florida Statutes § 456.057, a fine of $100.
(c) Failure to report in writing to the Board within 30 days after criminal conviction of licensee as required by Section 456.072(1)(x), F.S., a fine of $250.
(d) Failure to report another licensee in violation of a statute or rule of the Board, as required by Section 456.072(1)(i), F.S., a fine of $500.
(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 456.072(1)(l), F.S., a fine of $500.
(f) Non-intentional issuance of a bad check to the Department under Section 486.125(1)(k), F.S., a fine of $100.
(g) Failure of the licensee to satisfy continuing education requirements established by the Board pursuant to Fl. Admin. Code R. 64B17-9.001:
1. Fines:
a. Failure to complete less than 9 hours, a fine of $300.
b. Failure to complete between 9 and 16 hours, a fine of $600.
c. Failure to complete between 17 and 24 hours, a fine of $1,000.
2. Licensee must provide proof of completion of the deficient hours within 60 days of the date the citation was filed.
(h) Falsely certifying compliance with required continuing education requirements for the purpose of renewing a license as required by Florida Statutes § 486.109, a fine of $2,000.
(i) Failure to comply with a continuing education audit request as required by Sections 486.109 and 486.125(1)(k), F.S., a fine of $250, and licensee must provide proof of compliance with continuing education requirements within 60 days of the date the citation was filed.
(j) Failure to keep current mailing or practice address on file or notify the Board office in writing of a change of address as required by Fl. Admin. Code R. 64B17-6.004, a fine of $250.
(k) Failure to pay required fees, fines, or costs in a timely manner as required by Fl. Admin. Code R. 64B17-7.0025, a fine of $150.
(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.
(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.
Rulemaking Authority 456.077, 486.025 FS. Law Implemented Florida Statutes § 456.077. History-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.