61G18-30.001. Disciplinary Guidelines

(1) When the Board finds an applicant or licensee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.213(1), F.S., which are felonies of the third degree as well as violations of the Practice act, it shall issue a final order imposing appropriate penalties, using the following disciplinary guidelines:

(a) Practicing veterinary medicine in this State unless a person holds an active license to practice veterinary medicine pursuant to Chapter 474, F.S.	In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) and, upon eligibility for licensure, imposition of up to a one (1) year probation. In the case of a non-licensed veterinarian practicing veterinary medicine in the State of Florida the Board shall request that the Department issue a Cease and Desist Order and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) plus one (1) year probation if the subject should become licensed in the State of Florida. In the case of a non-veterinarian practicing veterinary medicine in the State of Florida the board shall request that the Department issue a Cease and Desist Order and impose an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) for each count.
(b) Using the name or title “veterinarian” when the person has not been licensed pursuant to Chapter 474, F.S.	In the case of an applicant, the usual action of the Board shall be to request that the Department issue a Cease and Desist Order, which shall remain in effect until licensure is granted, and an administrative fine of one (1) thousand dollars ($1,000.00) and, upon issuance of a license, imposition of one (1) year probation.
(c) Presenting as one’s own license the license of another.	The usual action of the Board shall be to request that the Department issue a Cease and Desist Order, and an administrative fine of five thousand dollars ($5,000.00) and, upon issuance of licensure, imposition of one (1) year probation.
(d) Giving false or forged evidence to the Board, or a member thereof, for the purpose of obtaining a license.	In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee for a first offense shall be to impose a penalty of an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars ($5,000.00) and revocation of any license obtained based on false or forged evidence.
(e) Using or attempting to use a veterinarian’s license which has been suspended or revoked.	In the case of an applicant, the usual action shall be denial of licensure and to request the Department issue a Cease and Desist Order. The usual action of the Board in the case of a licensee shall be to impose revocation if the subject’s license has been suspended and an administrative fine of five thousand dollars ($5,000.00).
(f) Knowingly employing unlicensed persons in the practice of veterinary medicine.	The usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension, followed by up to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(g) Knowingly concealing information relative to a violation of Chapter 474, F.S.	The usual action of the Board shall be to impose a penalty of six (6) months probation and an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00).
(h) Obtaining or attempting to obtain a license by fraud.	Revocation or denial of licensure plus an administrative fine of five thousand dollars ($5,000.00).
(i) Selling or offering to sell a diploma conferring a degree in veterinary medicine or a license to practice veterinary medicine in this state.	An administrative fine of five thousand dollars ($5,000.00) and revocation.
(j) Leading the public to believe that the the person is licensed as a veterinarian or is engaged in the licensed practice of veterinary medicine without a valid active license.	In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine of two thousand dollars ($2,000.00) and, upon eligibility for licensure, imposition of one (1) year probation. In the case of a non-licensed veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) plus one (1) year probation if the subject should become licensed in the State of Florida. In the case of a non-veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) for each count.
(k) Knowingly operating a veterinary establishment or premises without a valid premise permit.	The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). The Board shall also require that a premise permit be obtained or request the Department to issue a Cease and Desist Order.

(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines:

(a) Attempting to procure, or procuring, a license to practice veterinary medicine or a permit to own and operate a veterinary establishment, by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board.	In the case of an applicant, the usual action of the Board shall be denial of licensure or permit. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty of revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).
(b) Having a license to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof.	The usual action of the Board for a first offense shall be the imposition of discipline concurrent with that of the other jurisdiction to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000.00 to $2,500.00. The usual action of the board for a second offense shall be the imposition of discipline concurrent with that of the other jurisdiction to revocation or denial of the license, and an administrative fine ranging from $2,500.00 to $5,000.00.
(c) Being convicted or found guilty, regardless of an adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine.	In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty ranging from an administrative fine of two thousand dollars ($2,000.00) and up to one (1) year probation to an administrative fine of five thousand dollars ($5,000.00) and revocation. For a second offense, the usual action of the Board shall be to impose a penalty ranging from an administrative fine of five thousand dollars ($5,000.00) and up to two (2) years suspension followed by two (2) years probation to an administrative fine of five thousand dollars ($5,000.00) to revocation.
(d) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian.	The usual action of the Board shall be to impose a penalty of one (1) year suspension followed by one (1) year probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) per count or violation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a two (2) year suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00) to revocation.
(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.	In the case of violations, which are not resolved by the Board’s rule concerning minor violations, the usual action of the Board shall be to impose anadministrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) years probation and an administrative fine of two thousand dollars ($2,000.00) for each count.
(f) Violating a statute or administrative rule regulating practice under this chapter or chapter 455, F.S., or a lawful disciplinary order or subpoena of the Board or the Department.	The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). In the case of a subpoena or disciplinary order, the usual action shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).
(g) Practicing with a revoked, suspended, or inactive license.	The usual action of the Board shall be to impose a penalty consistent with paragraph (1)(a), above. In the case of a licensed veterinarian being found late in payment of renewal fees, the veterinarian shall have thirty days from receipt of official notice from the Department of Business and Professional Regulation to become current in payment of fees to the Department and pay an administrative fine of five hundred dollars ($500.00). If the delinquent veterinarian does not respond to the Department within the above mentioned thirty days, the Board shall request that the Department issue a Cease and Desist Order, which shall remain in effect until license renewal fees and an administrative fine of one thousand dollars ($1,000.00) are paid.
(h) Being unable to practice veterinary medicine with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition.	The usual action of the Board shall be to impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board. If the individual is an applicant, the usual action shall be to deny the application.
(i) Judicial determination of mental incompetency.	The usual action of the Board shall be to impose a penalty of suspension or denial of licensure until there is a legal restoration of the licensee’s competency to be followed by probation under such terms and conditions as set by the Board.
(j) Knowingly maintaining a professional connection or association with any person who is in violation of the provisions of Chapter 474, F.S., or the rules of the Board.	The usual action of the Board shall be to impose a penalty of an administrative fine of three thousand dollars ($3,000.00) and one (1) year probation. For a second or subsequent offense, the usual  action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars($5,000.00) and up to two (2) years probation.
(k) Paying or receiving kickbacks, rebates, bonuses, or other remuneration for receiving a patient or client or for referring a patient or client to another provider of veterinary services or goods. In construing this section, the Board shall deem that a referral to an entity with which the veterinarian has a contractual relationship, for the sale of non-veterinary, non-medical pet food or pet supplies, does not constitute a kickback, so long as the client is aware of the relationship.	The usual action of the Board for those violations not disposed of by the Board’s rule concerning minor violations shall be to impose a penalty of a one (1) year probation and an administrative fine of one thousand dollars ($1,000.00) for each count. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) years probation and an administrative fine of two thousand dollars ($2,000.00) for each count.
(l) Performing or prescribing unnecessary or unauthorized treatment.	The usual action of the Board shall be to impose a penalty ranging from a reprimand to one (1) year probation and an administrative fine up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from a reprimand to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(m) Engaging in fraud in the collection of fees from consumers or any person, agency, or organization paying fees to practitioners.	The usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by one (1) year probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second orsubsequent offense, the usual action of the Board shall be to impose two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(n) Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public.	The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, and revocation of the veterinarian’s license to practice in the State of Florida.
(o) Fraud, deceit, negligence, incompetency, or misconduct in the practice of veterinary medicine.	The usual action of the Board shall be to impose a penalty ranging from one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and revocation of the veterinarian’s license to practice in the State of Florida.
(p) Being convicted of a charge of cruelty to animals.	The usual action of the Board shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and revocation.
(q) Permitting or allowing another to use a veterinarian’s license for the purpose of treating or offering to treat sick, injured, or afflicted animals.	The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00)
(r) Being guilty of incompetence or negligence by failing to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances.	The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(s) Willfully making any misrepresentations in connection with the inspection of food for human consumption.	The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by one (1) year probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(t) Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine relating to the presence or absence of animal diseases or transporting animals or issuing any false certificate relating to the sale of products of animal origin for human consumption.	The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00) and revocation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars ($5,000.00) and revocation.
(u) Engaging in fraud or dishonesty in applying, treating, or reporting on tuberculin, diagnostic, or other biological tests.	The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00) and revocation.
(v) Failing to keep the equipment and premises of the business establishment in a clean and sanitary condition or having a premise permit suspended or revoked pursuant to Section 474.215, F.S.	The usual action of the Board shall be to suspend the premise permit until compliance with requirements followed by up to one (1) year probation and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to suspend the premise permit until compliance with requirements followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).
(w) Practicing veterinary medicine at a location for which a valid premise permit has not been issued when required under Section 474.215, F.S.	The usual action of the Board shall be to impose an administrative fine of one thousand dollars ($1,000.00) penalty and to require remedial education. The Board shall also require that a premise permit be obtained or the Department shall be requested to issue a Cease and Desist Order. For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of three thousand dollars ($3,000.00).
(x) Refusing to permit the Department to inspect the business premises of the licensee during regular business hours.	The usual action of the Board shall be to impose a penalty of an administrative fine of two thousand dollars ($2,000.00), unless circumstances legally justify such action by the veterinarian and/or request that the Department issue a Cease and Desist Order. For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00).
(y) Using the privilege of ordering, prescribing, or making available medicinal drugs or drugs defined in Chapter 465, F.S., or controlled substances as defined in Chapter 893, F.S., for use other than for the specific treatment of animal patients for which there is a documented veterinarian/client/patient relationship. Pursuant thereto, the veterinarian shall:	For violations involving medicinal drugs or drugs defined in chapter 465 F.S., the usual action of the Board shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00) and revocation.
1. Have sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian is personally acquainted with the keeping and the caring of the animal and has recent contact with the animal or has made medically appropriate and timely visits to the premises where the animal is kept.
2. Be available to provide for follow up care and treatment in case of adverse reactions of failure of the regimen of therapy.
3. Maintain records which document patient visits, diagnosis, treatment, and other relevant information required under this chapter. The documented patient/client/veterinarian relationship cited in Section 474.214, F.S., is herein defined as a veterinarian’s record of a client’s animal which documents that the veterinarian has seen the animal in a professional capacity within a period of 12 months or less.
(z) Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in Chapter 465, F.S., controlled substances as defined in Chapter 893, F.S., or any material, chemical, or substance used exclusively for animal treatment.	For violations involving medicinal drugs or drugs defined in Chapter 465, F.S., the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of three (3) years suspension followed by three (3) years probation up to an administrative fine of five thousand dollars ($5,000.00) and revocation. For violations involving controlled substances as defined in Chapter 893, F.S., the usual penalty will be revocation and an administrative fine up to five thousand dollars ($5,000.00).
(aa) Failing to report to the Department any person the licensee knows to be in violation of Chapter 474, F.S., or the rules of the Board or Department.	The usual action of the Board shall be issuance of a reprimand and an administrative fine of up to one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine up to three thousand dollars ($3,000.00).
(bb) Violating any of the requirements of Chapter 499, F.S., the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 seq., the Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the Federal Drug Abuse Act; or Chapter 893, F.S.	The usual action of the Board shall be to impose a penalty of up  to two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be up to two (2) years suspension followed by three (3) years probation and an administrative fine of five thousand dollars ($5,000.00).
(cc) Failing to provide adequate radiation safeguards.	The usual action of the Board shall be issuance of a reprimand plus the violator must pay cost of investigation and provide proof of compliance with the rule.
(dd) Failing to perform any statutory or legal obligation placed upon a licensee.	The usual action of the Board shall be a penalty ranging from the issuance of a reprimand and an administrative fine of one thousand dollars ($1,000.00) up to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a reprimand to revocation and an administrative fine of five thousand dollars ($5,000.00).
(ee) Failing to keep contemporaneously written medical records as required by rule of the Board.	The usual action of the Board shall be issuance of a reprimand and up to one (1) year probation, and an administrative fine of up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty of two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(ff) Prescribing or dispensing legend drug as defined in Chapter 465, F.S., including any controlled substance, inappropriately or in excessive or inappropriate quantities.	The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty of up to one (1) year suspension followed by three (3) years probation and an administrative fine of five thousand dollars ($5,000.00).
(gg) Practicing or offering to practice beyond the scope permitted by law.	The usual action of the Board shall be issuance of a reprimand up to one (1) year probation, and an administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be two (2) years probation and an administrative fine of up to five thousand dollars ($5,000.00).
(hh) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.	The usual action of the Board shall be to impose a penalty of an administrative fine from one thousand five hundred dollars ($1,500.00) to three thousand dollars ($3,000.00) and up to one (1) year probation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by up to two (2) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).
(ii) Presigning blank prescription forms.	The usual action of the Board shall be to impose a penalty ranging from up to one (1) year suspension of the veterinarian’s license followed by up to one (1) year probation to revocation and an administrative fine of up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation to revocation and an administrative fine up to five thousand dollars ($5,000.00).
(jj) Failing to report to the Board within 30 days, in writing, any action set forth in paragraph (b), that has been taken against the practitioner’s license to practice veterinary medicine by any jurisdiction, including any agency or subdivision thereof.	The usual action of the Board shall be the issuance of a reprimand and an administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be the issuance of a reprimand and an administrative fine of five thousand dollars ($5,000.00).
(kk) Aiding or assisting another person in violating any provision of this chapter or any rule adopted pursuant thereto.	The usual action of the Board shall be to impose a penalty from one (1) to three (3) years probation and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by up to three (3) years probation to revocation and an administrative fine of up to five thousand dollars ($5,000.00).
(ll) Failing to respond within 60 days after receipt of a request to provide satisfactory proof of having satisfactory proof of having participated in approved continuing education programs.	The usual action of the Board shall be suspension until the Board receives acceptable response to the request and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be suspension until the Board receives an acceptable response to the request and an administrative fine of five thousand dollars ($5,000.00).
(mm) Failing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances.	The usual action of the Board shall be an administrative fine from one thousand five hundred dollars ($1,500.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. For a second or subsequent offense, the usual action of the Board shall be up to three (3) years probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).
(nn) Failing to report a change of address to the Board within 60 days thereof.	The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three thousand dollars ($3,000.00)
(oo) Failure of the responsible veterinarian or permittee to report a change of premises ownership or responsible veterinarian within 60 days thereof.	The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three thousand dollars ($3,000.00).
(pp) Failing to give the owner of a patient, before dispensing any drug, a written prescription when requested.	The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine from three thousand dollars to five thousand dollars ($5,000.00).

(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

(a) Misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine.	The usual action of the Board will be to impose a penalty ranging from up to one (1) year suspension followed by one (1) year probation and an administrative fine of up to two thousand dollars ($2,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty of up to two (2) years suspension followed by up to two (2) years probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).
(b) Intentionally violating any rule adopted by the Board or the Department.	The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty ranging from up to one (1) year probation to revocation and an administrative fine from three thousand dollars to five thousand dollars ($5,000.00).
(c) Being convicted of a felony which relates to the practice of veterinary medicine.	The usual action of the Board will be revocation and an administrative fine of up to five thousand dollars ($5,000.00).
(d) Being adjudicated mentally incompetent.	The usual action of the Board will be consistent with paragraph (2)(i), above.
(e) The license has been obtained by fraud or material misrepresentation of a material fact.	The usual action of the Board will be revocation of the license and an administrative fine of up to five thousand dollars ($5,000.00).
(f) Use of a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules promulgated pursuant to Section 501.122(2), F.S., governing the registration of such devices with the Department of Health and Rehabilitation.	The usual action of the Board will be an administrative fine of up to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of five thousand dollars ($5,000.00).
(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee.	The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).
(h) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.	The usual action of the Board will be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of up to three thousand dollars ($3,000.00) to revocation and and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to three (3) years suspension followed by three (3) years probation to revocation and an administrative fine of five thouasand dollars ($5,000.00).
(i) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.	The usual action of the Board will be up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).

(4) Based upon consideration of aggravating or mitigating factors present in an individual case, the Board may deviate from the penalties recommended in subsections (1), (2) and (3), 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 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 affect of the penalty imposed;

(g) The affect 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 under subsections (1), (2) and (3), above;

(n) Pecuniary benefit or self-gain enuring to licensee;

(5) Penalties imposed by the Board pursuant to subsections (1), (2) and (3), above, may be imposed in combination or individually, and are as follows:

(a) Issuance of a reprimand;

(b) Imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense;

(c) Restriction of the authorized scope of practice;

(d) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the licensee to attend continuing education courses or to work under the supervision of another licensee;

(e) Suspension of a license;

(f) Revocation of a license;

(g) Denial of an application for licensure or a permit to own and operate a veterinary establishment; and

(h) The taking and passing of a clinical competency specialty examination.

(6) The provisions of subsections (1) through (5), above, 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(3), F.S.

(7) The provisions of subsections (1) through (5), above, 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.

Rulemaking Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, 8-20-09, 2-24-14, 11-2-20, 1-3-21.