FLORIDA BOARD OF OPTOMETRY

The FLORIDA BOARD OF OPTOMETRY is governed by the following rules:

64B13-15.001 Purpose.
(1) Section 456.079, F.S., requires the Board to establish by rule disciplinary guidelines applicable to each specific ground for disciplinary action which may be imposed by the Board.
(2) The disciplinary guidelines contained in Rule Chapter 64B13-15, F.A.C., specify a meaningful range of designated penalties based upon the severity and repetition of a specific violation or violations. In addition, a minor violation or violations are distinguished from a major violation or violations. The disciplinary guidelines are intended to provide reasonable and meaningful notice to the public and the optometric profession of likely penalties which will be consistently imposed for proscribed conduct.
(3) A specific finding of the applicability of a mitigating or aggravating circumstance shall permit the Board to impose a penalty or penalties for a violation other than the penalty provided for in the guidelines.
Specific Authority 456.079 FS. Law Implemented 456.079 FS. History New 2-24-87, Formerly 21Q-15.001, 61F8-15.001, 59V-15.001.
64B13-15.002 Definitions.
(1) "Minor Administrative Violation" means a violation of Chapters 456, Part II, 463, F.S., or applicable sections of Chapter 465 or 499, F.S., or the applicable rules promulgated thereunder, which does not involve the diagnosis or treatment of a patient and which does not directly endanger the public health, safety, and welfare of the citizens of the State of Florida.
(2) "Major Administrative Violation" means a violation of Chapters 456, Part II, 463, F.S., or applicable sections of Chapter 465 or 499, F.S., or the applicable rules promulgated thereunder, which does not involve the diagnosis or treatment of a patient and which directly endangers the public health, safety, and welfare of the citizens of the State of Florida.
(3) "Minor Patient Care Violation" means a violation of Chapters 456, Part II, 463, F.S., or applicable sections of Chapter 465 or 499, F.S., or the applicable rules promulgated thereunder, which involves the diagnosis or treatment of a patient and which does not directly endanger the public health, safety, and welfare of the citizens of the State of Florida.
(4) "Major Patient Care Violation" means a violation of Chapters 456, Part II, 463, F.S., or applicable sections of Chapter 465 or 499, F.S., or the applicable rules promulgated thereunder, which involves the diagnosis or treatment of a patient and which directly endangers the public health, safety, and welfare of the citizens of the State of Florida.
(5) "Suspension" means the act of the Board in removing a licensee’s authorization to practice optometry for a fixed period of time specified in an order. The Board may stay a suspension and place the licensee on probation under reasonable terms and conditions. At the conclusion of the suspension period, the licensee must petition the Board and demonstrate compliance with all of the terms and conditions of the order before his or her license will be reinstated.
(6) "Revocation" means the action of the Board in removing a licensee’s authorization to practice optometry. Revocation is permanent. However, an individual whose license has been revoked may apply for relicensure pursuant to Section 463.006, F.S. An individual whose license has been revoked may, based on any aggravating or mitigating circumstances, apply to the Board no more often than once a year for authorization to seek relicensure by complying with the requirements of Section 463.006, F.S.
Specific Authority 456.072(6), 456.079 FS. Law Implemented 456.072(5), (6), 456.079 FS. History–New 2-24-87, Amended 4-20-93, Formerly 21Q-15.002, 61F8-15.002, 59V-15.002, Amended 5-1-02.
64B13-15.003 Range of Penalties for Administrative Violations.
(1) For Minor Administrative Violations the range of penalties are as follows:
(a) First violation – administrative fine of not less than $500.00 nor more than $3,000.00 per count or offense and/or a reprimand.
(b) Second violation – administrative fine of not less than $750.00 nor more than $5,000.00 per count or offense and, if appropriate, a period of probation of not less than 3 months nor longer than 6 months.
(c) Third violation – administrative fine of not less than $1,500.00 nor more than $8,000.00 per count or offense and, if appropriate, a period of suspension of not less than 6 months nor longer than 12 months.
(2) For Major Administrative Violations the range of penalties are as follows:
(a) First violation – administrative fine of not less than $1,000.00 nor more than $4,000.00 per count or offense and, if appropriate, a period of probation or suspension of not less than 6 months nor longer than 12 months.
(b) Second violation – administrative fine of not less than $2,000.00 nor more than $6,000.00 per count or offense and, if appropriate, a period of suspension of not less than 12 months nor more than 18 months.
(c) Third violation – administrative fine of not less than $3,000.00 nor more than $10,000.00 per count or offense and a period of suspension of not less than 6 months or revocation.
Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 2-24-87, Formerly 21Q-15.003, 61F8-15.003, 59V-15.003, Amended 2-7-01, 5-13-04.
64B13-15.004 Range of Penalties for Patient Care Violations.
(1) For Minor Patient Care Violations the range of penalties are as follows:
(a) First violation administrative fine of not less than $750.00 nor more than $5,000.00 per count or offense and, if appropriate, a period of probation of not less than 6 months nor more than 12 months.
(b) Second violation administrative fine of not less than $1,000.00 nor more than $6,000.00 per count or offense and a period of probation of not less than 12 months nor more than 18 months.
(c) Third violation administrative fine of not less than $2,000.00 nor more than $10,000.00 per count or offense and a period of suspension of not less than 3 months nor more than 12 months.
(2) For Major Patient Care Violations the range of penalties are as follows:
(a) First violation administrative fine of not less than $1,000.00 nor more than $5,000.00 per count or offense and, if appropriate, a period of probation of not less than 12 months nor more than 18 months.
(b) Second violation administrative fine of not less than $2,000.00 nor more than $10,000.00 per count or offense and a period of probation and, if appropriate, a period of suspension of not less than 12 months nor more than 24 months.
(c) Third violation - administrative fine of not less than $3,000.00 nor more than $10,000.00 per count or offense and revocation.
Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 2-24-87, Formerly 21Q-15.004, 61F8-15.004, 59V-15.004, Amended 5-13-04.
64B13-15.007 Aggravating and Mitigating Factors.
(1) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the designated penalties. The Board shall consider as aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The length of time since the violation;
(c) The number of times the licensee has been previously disciplined by the board;
(d) The length of time licensee has practiced;
(e) The actual damage, physical or otherwise, caused by the violation;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee’s livelihood;
(h) Any effort of rehabilitation by the licensee;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;
(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;
(l) Actual negligence of the licensee pertaining to any violation;
(m) Penalties imposed for related offenses;
(n) Pecuniary gain to the licensee;
(o) Any other relevant mitigating or aggravating factors under the circumstances.
(2) The provisions of Rule Chapter 64B13-15, F.A.C., are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.
(3) The provisions of Rule Chapter 64B13-15, F.A.C., are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Department pursue collateral civil or criminal actions when appropriate.
Specific Authority 456.079(1) FS. Law Implemented 456.079(1) FS. History–New 2-24-87, Formerly 21Q-15.007, 61F8-15.007, 59V-15.007, 6-13-02.
64B13-15.008 Notice of Noncompliance.
(1) First time violations of only those statutory and rule provisions listed in this rule shall be considered as minor violations for purposes of implementing the provisions of Section 456.073(3), F.S. It has been determined that first time violation of these provisions by a licensed practitioner does not endanger the public health, safety and welfare and does not demonstrate a serious inability to practice the profession of optometry.
(a) Paragraph (1)(a) of Rule 64B13-15.005, F.A.C., and Section 456.062, F.S., entitled "Advertisement by health care provider of free or discounted services; required statement."
(b) Paragraph (1)(c) of Rule 64B13-15.005, 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.
(2) The Board of Optometry shall not consider issuance of a notice of noncompliance pursuant to Section 457.073(3), F.S., as professional discipline.
(3) In accordance with Section 120.695, F.S., the Department shall issue a notice of noncompliance as the first enforcement action taken against a licensee for a minor violation of a rule. Pursuant to Section 120.695(2)(b), F.S., the Board designates a violation of paragraph 64B13-5.001(1)(e), F.A.C., as a minor violation of a rule for which a notice of noncompliance is issued.
Specific Authority 120.695, 456.621(3), 463.005 FS. Law Implemented 120.695, 456.621(3) FS. History–New 7-21-91, Formerly 21Q-15.008, 61F8-15.008, Amended 2-5-96, Formerly 59V-15.008.
64B13-15.009 Citations.
(1) Definitions.
(a) "Citation" means an instrument which meets the requirements set forth in Section 456.077, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;
(b) "Subject" means the licensee or applicant alleged to have committed a violation designated in this rule.
(2) In lieu of the disciplinary procedures contained in Section 456.073, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation.
(3) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 456.077, F.S., shall apply.
(4) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare.
(a) The Board hereby designates the following as citation violations which shall result in a penalty of two hundred and fifty dollars ($250.00):

Failure to include in an advertisement for free or discounted services the statement required by Section 456.062, F.S. The licensee shall come into compliance within fifteen (15) days after receipt of the citation.
Failure to conspicuously display a license, entrance sign, and other signs at each office and branch office location as required by Section 463.011, F.S., and Rules 64B13-3.005 and 64B13-3.006, F.A.C. The licensee shall come into compliance within fifteen (15) days after receipt of the citation.
Failure to conspicuously display a license at a branch office location as required per Section 463.011, F.S. The licensee shall come into compliance within fifteen (15) days after receipt of the citation.
Failure to display license and required practice information as specified in Rule 64B13-3.006, F.A.C. The licensee shall come into compliance within fifteen (15) days after receipt of the citation.
Failure to document having obtained the continuing education required by Section 463.007, F.S., and Rule Chapter 64B13-5, F.A.C. The fine shall be assessed at $250.00 per hour of deficiency of the required continuing education.
Failure to respond to a continuing education audit as required by Rule 64B13-5.001, F.A.C. The licensee shall come into compliance by paying the citation fine within thirty (30) days after receipt of the citation.

(b) For the violation of failure to timely pay required fines, fees, or costs, the penalty required shall be double the amount of the fines, fees, or costs not timely paid.
(5) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 64B13-15.007, F.A.C.
(6) Tendering a check payable to the Board of Optometry or to the Department of Health that is dishonored by the institution upon which it is drawn shall result in a fine of $100 and payment of the check within thirty (30) days.
Specific Authority 456.077, 463.005 FS. Law Implemented 456.077 FS. History–New 1-1-92, Formerly 21Q-15.009, 61F8-15.009, 59V-15.009, Amended 3-21-00, 4-17-01, 12-26-01, 5-1-02, 7-15-02, 6-13-04, 11-16-05, 11-5-07, 7-13-08, 10-30-08.