Fla. Admin. Code R. 64B13-15.008

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B13-15.008 - Notice of Noncompliance

(1) Pursuant to sections 120.695 and 456.073(3), F.S., a notice of noncompliance will be issued as the first enforcement action taken against a licensee for a minor violation of a rule or a statutory provision which does not endanger the public health, safety and welfare and does not demonstrate a serious inability to practice the profession of optometry.

(2) The Board designates the following as minor violations for which a notice of noncompliance may be issued.

(a) Paragraph 64B13-15.005(1)(a), F.A.C., and section 456.062, F.S., entitled "Advertisement by health care provider of free or discounted services; required statement."

(b) Paragraph 64B13-15.005(1)(c), F.A.C., and section 456.011, F.S., "Exhibition of license."

(c) Subsection 463.0135(8), F.S., relating to the maintenance of physician, clinic, or hospital referral list.

(d) Subsection 893.055(8), F.S., relating to a first-time failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.

(3) The issuance of a notice of noncompliance does not constitute professional discipline.

Fla. Admin. Code Ann. R. 64B13-15.008

Rulemaking Authority 120.695, 456.073(3), 456.621(3), 463.005 FS. Law Implemented 120.695, 456.073(3), 456.621(3), 893.055(8) FS.

New 7-21-91, Formerly 21Q-15.008, 61F8-15.008, Amended 2-5-96, Formerly 59V-15.008, Amended by Florida Register Volume 44, Number 182, September 18, 2018 effective 10/2/2018.

New 7-21-91, Formerly 21Q-15.008, 61F8-15.008, Amended 2-5-96, Formerly 59V-15.008, Amended 10-2-18.