Fla. Admin. Code Ann. R. 61G18-30.002 - Minor Violations, Notice of Noncompliance

(1) In accordance with Section 455.225(3), F.S., and in lieu of a formal disciplinary proceeding when a complaint of first time minor violation is received, the Department may provide a licensee with a notice of noncompliance. Failure of a licensee to take action in correcting the violation within the 15 days after notice may result in the institution of regular disciplinary proceedings.

(2) A notice of noncompliance may be issued when there has been no economic or physical harm to a person; when the public health, safety or welfare has not been endangered and when there is no evidence or allegation of deliberate deception.

(3) A first time offense of the following violations may be disposed by a notice of noncompliance:

(a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Rule 61G18-21.001, F.A.C., so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client;

(b) Failure to include in an advertisement for free or discounted services the statement required by Section 455.24, F.S.;

(c) Failure to display a license, premises permit or mobile clinic permit as required by Section 474.216, F.S.

(d) Practicing veterinary medicine with a delinquent license for less than 90 days.

(e) Operating a veterinary establishment without a premises permit for less than 60 days.

(f) Failure to notify board of a change in responsible veterinarian within 30 days.

(g) Failure to report a change of address to the Board within 90 days.

(h) Failure to report in writing to the Board a criminal conviction or plea of nolo contendere, regardless of adjudication, within 30 days, pursuant to Sections 455.227(1)(t) and 474.214(1)(c), F.S.

(4) A second or subsequent offense shall result in the issuance of a citation pursuant to Rule 61G18-30.003, F.A.C., if available, or disciplinary proceedings pursuant to Section 455.225, F.S. In cases where more than two (2) of these offenses are present, disciplinary proceedings pursuant to Section 455.225, F.S., shall be instituted.

Notes

Fla. Admin. Code Ann. R. 61G18-30.002

Rulemaking Authority 474.206, 455.225(3) FS. Law Implemented 455.225(3) FS.

New 5-9-90, Formerly 21X-30.002, Amended 12-30-97, Amended by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/26/2019.

New 5-9-90, Formerly 21X-30.002, Amended 12-30-97, 8-26-19.