(1) The provisions set forth in subsection (2), below, shall qualify for mediation only when the violation can be remedied by the licensee and there is no intentional misconduct.
    (2) The Board finds that the following offenses may be mediated if the offense meets the criteria of Florida Statutes § 456.078:
    (a) False, deceptive or misleading advertising not involving intentional misconduct;
    (b) Failure to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information about their patient rights and how to file a patient complaint;
    (c) Failure to provide, upon request, patient records to a patient or a patient’s legal representative;
    (d) Negligently failing to file a report or record required by state or federal law;
    (e) Falsely certifying compliance with required continuing medical education hours for the purpose of renewing a license or certification;
    (f) Failure to verify profile information or failure to comply with the requirements for profiling and credentialing;
    (g) Failure to notify the Department of change of practice or mailing address;
    (h) Charging copying fees for patient records in violation of Fl. Admin. Code R. 64B15-15.003; and,
    (i) Failure to pay the fines or costs imposed by Board order.
    (3) If a licensee is no longer eligible for mediation or if mediation fails, the above-referenced violations shall be eligible for the issuance of a citation pursuant to Fl. Admin. Code R. 64B15-19.007
Rulemaking Authority 456.078 FS. Law Implemented Florida Statutes § 456.078. History-New 11-30-94, Formerly 59W-19.008, Amended 5-3-05, 7-29-08, 10-8-12.