64B4-5.001, F.A.C.
64B4-5.001. Disciplinary Guidelines
Cite as Fla. Admin. Code r. 64B4-5.001
CHAPTER 64B4-5
DISCIPLINE
64B4-5.001 Disciplinary Guidelines
64B4-5.0015 Out-of-State Telehealth Discipline.
64B4-5.002 Return of Certificates or Licenses (Repealed)
64B4-5.003 Time for Payment of Civil Penalties (Repealed)
64B4-5.004 Qualifications of Investigators Assigned to Board by Agency (Repealed)
64B4-5.005 Minor Violations, Notice of Noncompliance
64B4-5.006 Probable Cause Panel
64B4-5.007 Citations
64B4-5.008 Terms of Probation
64B4-5.009 Supervision by Disciplined Practitioner
64B4-5.010 Mediation Offenses
64B4-5.001 Disciplinary Guidelines.
(1) When the Board finds an applicant, licensee, registered intern, provisional licensee, or certificate holder whom it regulates under Chapter 491, F.S., or a telehealth provider registered under section 456.47(4), F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(1), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.
(a) Attempting to obtain, obtaining, or renewing a license under Chapter 491, F.S., by bribery or fraudulent misrepresentation or through an error of the Board or the Department.
(Sections 456.072(1)(h) and 491.009(1)(a), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and probation; revocation SECOND OFFENSE: $1,000.00 fine and probation $1,500.00 fine and one (1) year suspension; revocation THIRD AND SUBSEQUENT OFFENSES: $2,500.00 fine, or one (1) year suspension then probation $2,500.00 fine and permanent revocation FRAUD First Offense $10,000.00 fine $10,000.00 fine and probation; revocation FRAUD Second Offense $10,000.00 fine and probation $10,000.00 fine and one (1) year suspension then probation; revocation FRAUD Third and Subsequent
Offenses $10,000.00 fine and one (1) year suspension then probation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS: FIRST OFFENSE Reprimand Revocation SECOND OFFENSE
Suspension and a corrective action
Plan Revocation THIRD AND SUBSEQUENT
OFFENSES One (1) year suspension followed
by a corrective action plan Revocation (b) Having a license or certificate to practice a comparable profession or any regulated profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country.
(Sections 456.072(1)(f) and 491.009(1)(b), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine, one (1) year, suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS: FIRST OFFENSE Reprimand Revocation SECOND OFFENSE
Suspension and a corrective action Plan Revocation THIRD AND SUBSEQUENT
OFFENSES One (1) year suspension followed by a corrective action plan Revocation (c) Being convicted or found guilty, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of the licensee’s profession or the licensee’s ability to practice that profession.
(Sections 456.072(1)(c) and 491.009(1)(c), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT
OFFENSES: $2,500.00 fine, two (2) years suspension then probation $2,500.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Suspension and a corrective action plan Revocation SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT
OFFENSES Two (2) years suspension followed by a corrective action plan Revocation (d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.
(Section 491.009(1)(d), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $500.00 fine $1,000.00 fine and probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine $1,000.00 fine and one (1) year suspension then probation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern One (1) year suspension SECOND AND SUBSEQUENT
OFFENSES Reprimand Revocation (e) Advertising, practicing, or attempting to practice under a name other than one’s own.
(Section 491.009(1)(e), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $500.00 fine $1,000.00 fine and probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine $1,000.00 fine and one (1) year suspension then probation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern One (1) year suspension SECOND AND SUBSEQUENT
OFFENSES Reprimand Revocation (f) Maintaining a professional association with any person whom the applicant or licensee knows, or has reason to believe, is in violation of Chapter 491, F.S., or of a rule of the Department or this Board.
(Section 491.009(1)(f), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $500.00 fine $1,000.00 fine and probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine $1,000.00 fine and one (1) year suspension then probation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND AND SUBSEQUENT
OFFENSES Suspension and a corrective action plan Revocation (g) Knowingly aiding, assisting, procuring, or advising a non-licensed person to hold oneself out as licensed under Chapter 491, F.S.
(Sections 456.072(1)(j) and 491.009(1)(g), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation; permanent revocation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT
OFFENSES: $2,000.00 fine and one (1) year suspension then probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND AND SUBSEQUENT
OFFENSES Suspension and a corrective action plan Revocation (h) Failing to perform any statutory or legal obligation placed upon a person licensed under Chapter 491, F.S.
(Sections 456.072(1)(k) and 491.009(1)(h), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: Reprimand $1,000.00 fine and one (1) year probation SECOND OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine and probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND AND SUBSEQUENT
OFFENSES Suspension and a corrective action plan Revocation (i) Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record.
(Sections 456.072(1)(l) and 491.009(1)(i), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and probation $1,000.00 fine and one (1) year suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine permanent revocation THIRD AND SUBSEQUENT
OFFENSES: $2,000.00 fine, and one (1) year suspension followed by probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND AND SUBSEQUENT
OFFENSES Suspension and a corrective action plan Revocation (j) Paying or receiving a kickback, rebate, bonus, or other remuneration for receiving a patient or client or referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement.
(Section 491.009(1)(j), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND AND SUBSEQUENT
OFFENSES Suspension and a corrective action plan Revocation (k) Committing any act upon a patient or client, which would constitute sexual battery or which would constitute sexual misconduct.
(Sections 456.072(1)(v) and 491.009(1)(k), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and revocation SECOND OFFENSE: $1,000.00 fine and two (2) years suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT
OFFENSES: $5,000.00 fine, two (2) years suspension then probation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST AND SUBSEQUENT
OFFENSES One (1) year suspension followed by a
corrective action plan Revocation (l) Making misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of any profession licensed under Chapter 491, F.S., or employing a trick or scheme in or related to the practice of a profession.
(Sections 456.072(1)(m) and 491.009(1)(l), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $500.00 fine $1,000.00 fine and probation THIRD AND SUBSEQUENT
OFFENSES: $1,000.00 fine $1,000.00 fine and one (1) year suspension followed by probation FRAUD First Offense $10,000.00 fine and probation $10,000.00 fine and/or reprimand; probation; suspension then probation; permanent revocation FRAUD Second Offense $10,000.00 fine and one (1) year suspension then probation $10.000.00 fine and permanent revocation FRAUD Third and Subsequent Offenses $10,000.00 fine and permanent revocation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND OFFENSE Reprimand Suspension and a corrective action plan THIRD AND SUBSEQUENT OFFENSES Suspension and a corrective action plan Revocation (m) Soliciting patients or clients personally, or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.
(Section 491.009(1)(m), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation SECOND OFFENSE: $1,000.00 fine and reprimand $1,500.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT
OFFENSES: $1,500.00 fine and one (1) year suspension then probation $1,000.00 fine and/or permanent revocation FRAUD First Offense
$10,000.00 fine and reprimand $10,000.00 fine and six (6) months suspension then probation FRAUD Second Offense $10,000.00 fine and reprimand $10,000.00 fine and one (1) year suspension then probation FRAUD Third and Subsequent Offenses $10,000.00 fine and one (1) year suspension then probation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST AND SECOND OFFENSES Reprimand Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (n) Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.
(Section 491.009(1)(n), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT
OFFENSES: $2,500.00 fine, one (1) year suspension then probation $2,500.00 fine and/or permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (o) Failing to respond within thirty (30) days to a written communication from the Department or the Board concerning any investigation by the Department or the Board, or failing to make available any relevant records with respect to the investigation about the licensee’s conduct or background.
(Section 491.009(1)(o), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND AND SUBSEQUENT OFFENSES Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (p) Being unable to practice the profession for which one is licensed under Chapter 491, F.S., with reasonable skill and competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance.
(Sections 456.072(1)(z) and 491.009(1)(p), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and probation $1,000.00 fine and suspension until the licensee is able to appear before the Board and demonstrate that he or she is able to practice with reasonable skill and competence, then probation SECOND OFFENSE: Suspension until the licensee is able to appear before the Board and demonstrate that his or her ability to practice with reasonable skill and competence, then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: Suspension until the licensee is able to appear before the Board and demonstrate his or her ability to practice with reasonable skill and competence, then probation $2,500.00 fine and/or permanent revocation TELEHEALTH REGISTRANTS FIRST AND SUBSEQUENT OFFENSES Suspension and a corrective action plan which includes, the Registrant appearing before the Board and demonstrating their ability to practice with reasonable skill and safety Revocation (q) Violating provisions of Chapter 491 or 456, F.S., or any rule adopted pursuant thereto.
(Sections 456.072(1)(dd) and 491.009(1)(w), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine and reprimand $1,000.00 fine and one (1) year suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year probation $5,000.00 fine and two (2) years suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $5,000.00 fine and/or permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND AND SUBSEQUENT OFFENSES Suspension and a corrective action plan Revocation (r) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.
(Section 491.009(1)(q), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND AND SUBSEQUENT OFFENSES Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (s) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.
(Section 491.009(1)(r), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine and reprimand $500.00 fine and revocation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine, revocation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (t) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities.
(Sections 456.072(1)(p) and 491.009(1)(s), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and one (1) year suspension then probation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (u) Violating a rule relating to the regulation of the profession or a lawful order of the Department or the Board previously entered in a disciplinary hearing.
(Section 491.009(1)(t), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and two (2) years suspension then probation THIRD AND SUBSEQUENT OFFENSES: $2,000.00 fine and two (2) years suspension then probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND OFFENSE One (1) year suspension followed by a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES Two (2) years suspension followed by a corrective action plan Revocation (v) Failure of a licensee to maintain in confidence any communication made by a patient or client in the context of services, except by written permission or in the face of clear and immediate probability of bodily harm to the patient or client or to others.
(Section 491.009(1)(u), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and/or permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (w) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.
(Section 491.009(1)(v), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $2,000.00 fine 1 year suspension then probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (x) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department or the agency against another licensee.
(Section 456.072(1)(g), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension followed by probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (y) Except as provided in Section 465.016, F.S., failing to report to the department any person whom the licensee knows is in violation of Chapter 456, Part II, Chapter 491, F.S., or the rules of the Department or the Board.
(Section 456.072(1)(i), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $500.00 fine $1,000.00 fine and probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine $1,000.00 fine and one (1) year suspension then probation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of concern Reprimand SECOND OFFENSE Reprimand Suspension and a corrective action plan THIRD AND SUBSEQUENT OFFENSES Suspension and a corrective action plan Revocation (z) Exercising influence on the client for the purpose of financial gain of the licensee or a third party.
(Section 456.072(1)(n), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension by probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $2,000.00 fine, two (2) years suspension then probation $2,000.00 fine and/or permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Suspension and a corrective action plan Revocation SECOND OFFENSE One (1) year suspension followed by a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES Two (2) years suspension followed by a corrective action plan Revocation (aa) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(Section 456.072(1)(r), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $2,000.00 fine, two (2) years suspension then probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Six (6) months suspension followed by a corrective action plan SECOND AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES Two (2) years suspension followed by a corrective action plan Revocation (bb) Intentionally violating any rule adopted by the Board or the department, as appropriate.
(Section 456.072(1)(b), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation SECOND OFFENSE: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $2,000.00 fine, two (2) years suspension then probation $2,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND OFFENSE One (1) year suspension followed by a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES Two (2) years suspension followed by a corrective action plan Revocation (cc) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.
(Section 456.072(1)(o), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and revocation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Suspension and a corrective action plan SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (dd) Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department.
(Section 456.072(1)(q), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (ee) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.
(Section 456.072(1)(w), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and probation SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and three (3) months suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation FRAUD First Offense $10,000.00 fine and reprimand $10,000.00 fine and probation FRAUD Second Offense $10,000.00 fine and probation $10,000.00 fine and three (3) months suspension then probation FRAUD Third and Subsequent Offenses $10,000.00 fine and one (1) year suspension then probation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Revocation SECOND OFFENSE Suspension and a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (ff) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents.
(Section 456.072(1)(y), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation SECOND OFFENSE: $1,000.00 and reprimand $1,000.00 fine and one (1) year suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Reprimand Six (6) months suspension followed by a corrective action plan SECOND OFFENSE Reprimand One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (gg) Failing to report to the Board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
(Section 456.072(1)(x), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine $1,000.00 fine and reprimand SECOND OFFENSE: $1,000.00 fine and probation $1,000.00 fine and six (6) months suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND OFFENSE Suspension and a corrective action plan Six (6) months suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (hh) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.
(Section 456.072(1)(aa), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $500.00 fine and probation $750.00 fine and substance abuse evaluation, suspension then probation SECOND OFFENSE: $750.00 fine one (1) year suspension then probation $1,000.00 fine and permanent revocation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine, two (2) years suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Suspension and a corrective action plan which includes, at a minimum, a substance abuse evaluation One (1) year suspension followed by a corrective action plan which includes, at a minimum, a substance abuse evaluation SECOND OFFENSE Suspension and a corrective action plan which includes, at a minimum, a substance abuse evaluation Revocation THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (ii) Failing to inform the department of any change of address of either the place of practice or current mailing address of any applicant or licensee.
(Section 456.035, F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine $500.00 fine and reprimand SECOND OFFENSE: $1,000.00 fine and reprimand $1,000.00 fine and six (6) months suspension then probation THIRD AND SUBSEQUENT OFFENSES: $1,000.00 fine and one (1) year suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND OFFENSE Reprimand Six (6) months suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (jj) Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.
(Section 456.072(1)(hh), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST AND SUBSEQUENT OFFENSES: Suspension until compliant with contract $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST AND SUBSEQUENT OFFENSES Suspension and a corrective action plan that requires, at a minimum, compliance with the treatment contract Revocation (kk) Being convicted of, or entering a plea of guilty or nolo contendre to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.
(Section 456.072(1)(ii), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $10,000.00 fine, permanent revocation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Revocation Revocation (ll) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.
(Section 456.072(1)(jj), F.S.)
MINIMUM MAXIMUM FIRST OFFENSE: $500.00 fine and Letter of concern $5,000.00 fine and suspension SECOND OFFENSE: $10,000.00 fine and reprimand $10,000.00 fine and permanent revocation THIRD OFFENSE: Permanent Revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Suspension and a corrective action plan SECOND OFFENSE Reprimand Revocation THIRD OFFENSE Revocation (mm) Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to practicipate in the program from which the practitioner was terminated has been restored.
(Section 456.072(1)(kk), F.S.)
MINIMUM MAXIMUM FIRST OFFENSE: $1,000.00 fine, Letter of concern $5,000.00 fine, revocation SECOND OFFENSE: $10,000.00 fine, reprimand $10,000.00 fine and permanent revocation THIRD OFFENSE: Permanent Revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Suspension and a corrective action plan SECOND OFFENSE Reprimand Revocation THIRD OFFENSE Revocation (nn) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
(Section 456.072(1)(ll), F.S.)
MINIMUM MAXIMUM FIRST OFFENSE: $10,000.00 fine and permanent revocation $10,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Revocation (oo) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice – regarding emergency services and insurance billing.
(Section 456.072(1)(oo), F.S.)
MINIMUM MAXIMUM FIRST OFFENSE: $250.00 fine, reprimand $500.00 fine, reprimand SECOND OFFENSE: $500.00 fine and probation $500.00 fine, suspension then probation THIRD AND SUBSEQUENT OFFENSES: $750.00 fine, suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND OFFENSE Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (pp) Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal without personal knowledge of the person’s disability or disability-related need.
(Section 456.072(1)(pp), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: $250.00 fine, reprimand $500.00 fine, reprimand SECOND OFFENSE: $500.00 fine and probation $500.00 fine, suspension then probation THIRD AND SUBSEQUENT OFFENSES: $750.00 fine, suspension then probation $1,000.00 fine and permanent revocation TELEHEALTH REGISTRANTS FIRST OFFENSE Letter of Concern Reprimand SECOND OFFENSE Suspension and a corrective action plan One (1) year suspension followed by a corrective action plan THIRD AND SUBSEQUENT OFFENSES One (1) year suspension followed by a corrective action plan Revocation (qq) Failure to comply with the parental consent requirements of Section 1014.06, F.S.
(Section 456.072(1)(rr), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: From a letter of concern to six months of probation Revocation and a fine not to exceed $5,000. SECOND OFFENSE: From a reprimand to one year probation and a fine not to exceed $2,500 Revocation and a fine not to exceed $7,500 THIRD AND SUBSEQUENT OFFENSES: From one year of probation to suspension not to exceed six months and a fine not to exceed $5,000 Revocation and a fine not to exceed $10,000 TELEHEALTH REGISTRANTS FIRST OFFENSE From a letter of concern to a reprimand Revocation SECOND OFFENSE From a reprimand up to a suspension not to exceed 1 year with a corrective action plan Revocation THIRD AND SUBSEQUENT OFFENSES A suspension not to exceed 2 years with a corrective action plan Revocation (rr) Being convicted or found guilty of, entering a plea of guilty or nolo contendere, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of the offenses listed in Section 456.074(5), F.S., or a similar offense in another jurisdiction.
(Section 456.072(1)(ss), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: Fine of $10,000 and 1 year suspension Revocation SECOND OFFENSE: Fine of $10,000 and 2 year suspension Revocation THIRD AND SUBSEQUENT OFFENSES: Fine of $10,000 and 3 year suspension Revocation TELEHEALTH REGISTRANTS FIRST OFFENSE 1 year suspension Revocation SECOND OFFENSE 2 year suspension Revocation THIRD AND SUBSEQUENT OFFENSES 3 year suspension Revocation (ss) Failure to comply with s. 456.0625, relating to refunding overpayment to patients.
(Section 456.072(1)(tt), F.S.)
MINIMUM MAXIMUM LICENSEES, REGISTERED INTERNS, AND CERTIFICATE HOLDERS FIRST OFFENSE: Reimbursement to the patient of the overpayment and from a letter of concern to six months of probation Revocation and a fine not to exceed $5,000. SECOND OFFENSE: Reimbursement to the patient of the overpayment and from a reprimand to one year probation and a fine not to exceed $2,500 Revocation and a fine not to exceed $7,500 THIRD AND SUBSEQUENT OFFENSES: Reimbursement to the patient of the overpayment and from one year of probation to suspension not to exceed six months and a fine not to exceed $5,000 Revocation and a fine not to exceed $10,000 TELEHEALTH REGISTRANTS FIRST OFFENSE From a letter of concern to a suspension not to exceed 6 months with a corrective action plan which includes reimbursement to the patient of the overpayment. Revocation SECOND OFFENSE From a reprimand up to a suspension not to exceed 1 year with a corrective action plan which includes reimbursement to the patient of the overpayment. Revocation THIRD AND SUBSEQUENT OFFENSES A suspension not to exceed 2 years with a corrective action plan which includes reimbursement to the patient of the overpayment. Revocation (2) In instances when a registrant or applicant is found guilty of any of the above offenses involving fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count or offense.
(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The length of time since the date of the violation(s);
(c) Prior discipline imposed upon the licensee;
(d) The length of time the licensee has practiced;
(e) The actual damage, physical or otherwise, to the patient;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee’s livelihood;
(h) Any efforts for rehabilitation;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or stop violations or failure of the licensee to correct or stop violations;
(k) Related violations against the licensee in another state, including findings of guilt or innocence, penalties imposed and penalties served;
(4) The provisions of subsections (1) through (2), above, shall not be constructed so as to prohibit civil action or criminal prosecution as provided in Section 456.072 or 491.012, F.S., and the provisions of subsections (1) and (2), above, shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(4), F.S.