(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 Fla. Admin. Code R. 64B13-15.005(1)(a), and Florida Statutes § 456.062, entitled “Advertisement by health care provider of free or discounted services; required statement.”
    (b) Paragraph Fla. Admin. Code R. 64B13-15.005(1)(c), and Florida Statutes § 456.011, “Exhibition of license.”
    (c) SubFlorida Statutes § 463.0135(8), relating to the maintenance of physician, clinic, or hospital referral list.
    (d) SubFlorida Statutes § 893.055(8), 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.
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. History—New 7-21-91, Formerly 21Q-15.008, 61F8-15.008, Amended 2-5-96, Formerly 59V-15.008, Amended 10-2-18.