61G18-30.001. Disciplinary Guidelines  


Effective on Monday, February 24, 2014
  • 1(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 27474.213(1), F.S., 29which 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:

    58(a) Practicing veterinary medicine in this State

    65In the case of an applicant, the usual action of the Board shall be to

    80unless a person holds an active license to practice

    89request the Department issue a Cease and Desist Order, which will

    100veterinary medicine pursuant to Chapter 474, F.S.

    107remain in effect until licensure is granted, plus an administrative

     

    117fine from three thousand dollars ($3,000.00) to five thousand dollars

     

    128($5,000.00) and, upon eligibility for licensure, imposition of up to a

     

    140one (1) year probation. In the case of a non-licensed veterinarian

     

    151practicing veterinary medicine in the State of Florida the Board shall

     

    162request that the Department issue a Cease and Desist Order and an

     

    174administrative fine from three thousand dollars ($3,000.00) to five

     

    184thousand dollars ($5,000.00) plus one (1) year probation if the subject

     

    196should become licensed in the State of Florida. In the case of a

     

    209non-veterinarian practicing veterinary medicine in the State of

     

    217Florida the board shall request that the Department issue a Cease and

     

    229Desist Order and impose an administrative fine from three thousand

     

    239dollars ($3,000.00) to five thousand dollars ($5,000.00) for each count.

    251(b) Using the name or title “veterinarian” when

    259In the case of an applicant, the usual action of the Board shall be to

    274the person has not been licensed pursuant to

    282request that the Department issue a Cease and Desist Order, which

    293Chapter 474, F.S.

    296shall remain in effect until licensure is granted, and an administrative

     

    307fine of one (1) thousand dollars ($1,000.00) and, upon issuance of a

     

    320license, imposition of one (1) year probation.

    327(c) Presenting as one’s own license the license of

    336The usual action of the Board shall be to request that the Department

    349another.

    350issue a Cease and Desist Order, and an administrative fine of five

     

    362thousand dollars ($5,000.00) and, upon issuance of licensure,

     

    371imposition of one (1) year probation.

    377(d) Giving false or forged evidence to the Board,

    386In the case of an applicant, the usual action of the Board shall be denial

    401or a member thereof, for the purpose of obtaining a

    411of licensure. The usual action of the Board in the case of a licensee

    425license.

    426for a first offense shall be to impose a penalty of an administrative

     

    439fine of three thousand dollars ($3,000.00). For a second or subsequent

     

    451offense, the usual action of the Board shall be to impose a penalty of an

     

    466administrative fine of five thousand dollars ($5,000.00) and revocation

     

    476of any license obtained based on false or forged evidence.

    486(e) Using or attempting to use a veterinarian’s

    494In the case of an applicant, the usual action shall be denial of licensure

    508license which has been suspended or revoked.

    515and to request the Department issue a Cease and Desist Order. The

     

    527usual action of the Board in the case of a licensee shall be to impose

     

    542revocation if the subject’s license has been suspended and an

     

    552administrative fine of five thousand dollars ($5,000.00).

    560(f) Knowingly employing unlicensed persons in

    566The usual action of the Board shall be to impose a penalty of up to

    581the practice of veterinary medicine.

    586one (1) year probation and an administrative fine of three thousand

     

    597dollars ($3,000.00). For a second or subsequent offense, the usual

     

    608action of the Board shall be to impose a penalty of up to one (1) year

     

    624suspension, followed by up to two (2) years probation and an

     

    635administrative fine of five thousand dollars ($5,000.00).

    643(g) Knowingly concealing information relative to

    649The usual action of the Board shall be to impose a penalty of six (6)

    664a violation of Chapter 474, F.S.

    670months probation and an administrative fine of one thousand dollars

     

    680($1,000.00). For a second or subsequent offense, the usual action of

     

    692the Board shall be to impose a penalty of up to one (1) year probation

     

    707and an administrative fine of three thousand dollars ($3,000.00).

    717(h) Obtaining or attempting to obtain a license by

    726Revocation or denial of licensure plus an administrative fine of five

    737fraud.

    738thousand dollars ($5,000.00).

    742(i) Selling or offering to sell a diploma conferring

    751An administrative fine of five thousand dollars ($5,000.00) and

    761a degree in veterinary medicine or a license to

    770revocation.

    771practice veterinary medicine in this state.

     

    777(j) Leading the public to believe that the

    785In the case of an applicant, the usual action of the Board shall be to

    800the person is licensed as a veterinarian

    807request the Department issue a Cease and Desist Order, which will

    818or is engaged in the licensed practice of

    826remain in effect until licensure is granted, plus an administrative fine

    837veterinary medicine without a valid active

    843of two thousand dollars ($2,000.00) and, upon eligibility for

    853license.

    854licensure, imposition of one (1) year probation. In the case of a

     

    866non-licensed veterinarian the Board shall request that the Department

     

    875issue a Cease and Desist Order and an administrative fine of two

     

    887thousand dollars ($2,000.00) plus one (1) year probation if the subject

     

    899should become licensed in the State of Florida. In the case of a

     

    912non-veterinarian the Board shall request that the Department issue a

     

    922Cease and Desist Order and an administrative fine of two thousand

     

    933dollars ($2,000.00) for each count.

    939(k) Knowingly operating a veterinary

    944The usual action of the Board shall be an administrative fine of two

    957establishment or premises without a

    962thousand dollars ($2,000.00). The Board shall also require that a

    973valid premise permit.

    976premise permit be obtained or request the Department to issue a

     

    987Cease and Desist Order.

    991(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 1018474.214(1), F.S., 1020it shall issue a Final Order imposing appropriate penalties which are set forth in Section 1035474.214(2), F.S., 1037using the following disciplinary guidelines:

    1042(a) Attempting to procure, or procuring, a license

    1050In the case of an applicant, the usual action of the Board shall be

    1064to practice veterinary medicine or a permit to own

    1073denial of licensure or permit. The usual action of the Board in the

    1086and operate a veterinary establishment, by bribery,

    1093by fraudulent misrepresentation, or through an error

    1100case of a licensee or permittee shall be to impose a penalty of revocation and an administrative fine from three thousand

    1121of the Department or the Board.

    1127dollars ($3,000.00) to five thousand dollars ($5,000.00).

    1136(b) Having a license to practice veterinary

    1143medicine revoked, suspended, or otherwise acted

    1149against, including the denial of licensure, by the

    1157licensing authority of any jurisdiction, including

    1163any agency or subdivision thereof.

    1168(c) Being convicted or found guilty, regardless of

    1176The usual action of the Board will be a penalty generally concurrent with that of the other jurisdiction with the addition of appropriate safeguards as determined by the Board.

     

     

    1205In the case of an applicant, the usual action of the Board shall be

    1219an adjudication, of a crime in any jurisdiction

    1227denial of licensure. The usual action of the Board in the case of

    1240which directly relates to the practice of veterinary

    1248a licensee or permittee shall be to impose a penalty ranging from

    1260medicine or the ability to practice veterinary medicine.

    1268an administrative fine of two thousand dollars ($2,000.00) and up

     

    1279to one (1) year probation to an administrative fine of five

    1290thousand 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.

    1348(d) Making or filing a report or record which the

    1358The usual action of the Board shall be to impose a penalty of one

    1372licensee knows to be false, intentionally or

    1379(1) year suspension followed by one (1) year probation and an

    1390negligently failing to file a report or record

    1398administrative fine from three thousand dollars ($3,000.00) to

    1407required by state or federal law, willfully impeding

    1415five thousand dollars ($5,000.00) per count or violation. For a

    1426or obstructing such filing, or inducing another

    1433second or subsequent offense, the usual action of the Board shall

    1444person to impede or obstruct such filing. Such

    1452be to impose a penalty of a two (2) year suspension followed by

    1465reports or records shall include only those which

    1473two (2) years probation and an administrative fine of five

    1483are signed in the capacity of a licensed

    1491thousand dollars ($5,000.00) to revocation.

    1497veterinarian.

     

    1498(e) Advertising goods or services in a manner

    1506In the case of violations, which are not resolved by the Board’s

    1518which is fraudulent, false, deceptive, or misleading

    1525rule concerning minor violations, the usual action of the Board

    1535in form or content.

    1539shall be to impose anadministrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of

     

    1561the Board shall be to impose a penalty of two (2) years probation

     

    1574and an administrative fine of two thousand dollars ($2,000.00) for

     

    1585each count.

    1587(f) Violating a statute or administrative rule regulating

    1595The usual action of the Board shall be to impose a penalty ranging

    1608practice under this chapter or Chapter 455, F.S.

    1616or a lawful disciplinary order or subpoena of the Board

    1626or the Department.

    1629from a reprimand and an adminstrative fine of two thousand dollars

    1640($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

     

    1664followed by two (2) years probation and an administrative fine of

     

    1675five thousand dollars ($5,000.00). In the case of a subpoena or

     

    1687disciplinary order, the usual action shall be to impose a penalty

     

    1698ranging from up to two (2) years suspension followed by up to two

     

    1711(2) years probation and an administrative fine of four thousand

     

    1721dollars ($4,000.00). For a second or subsequent offense, the

     

    1731usual action of the Board shall be to impose a penalty ranging from

     

    1744up to three (3) years suspension followed by up to three (3) years

     

    1757probation to revocation and an administrative fine of five thousand

     

    1767dollars ($5,000.00).

    1770(g) Practicing with a revoked, suspended, or

    1777The usual action of the Board shall be to impose a penalty

    1789inactive license.

    1791consistent with paragraph (1)(a) above. In the case of a licensed

     

    1802veterinarian being found late in payment of renewal fees, the

     

    1812veterinarian shall have thirty days from receipt of official notice

     

    1822from the Department of Business and Professional Regulation to

     

    1831become current in payment of fees to the Department and pay an

     

    1843administrative fine of five hundred dollars ($500.00). If the

     

    1852delinquent veterinarian does not respond to the Department

     

    1860within the above mentioned thirty days, the Board shall request

     

    1870that the Department issue a Cease and Desist Order, which shall

     

    1881remain in effect until license renewal fees and an administrative

     

    1891fine of one thousand dollars ($1,000.00) are paid.

    1900(h) Being unable to practice veterinary medicine

    1907The usual action of the Board shall be to impose a penalty of

    1920with reasonable skill and safety to patients by

    1928suspension until such time as the licensee demonstrates

    1936reason of illness, drunkenness, use of drugs,

    1943rehabilitation followed by probation under such terms and

    1951narcotics, chemicals, or any other material or

    1958conditions as set by the Board. If the individual is an applicant, the

    1971substance or as a result of any mental or physical

    1981usual action shall be to deny the application.

    1989condition.

     

    1990(i) Judicial determination of mental

    1995The usual action of the Board shall be to impose a penalty of

    2008incompetency.

    2009suspension or denial of licensure until there is a legal restoration

     

    2020of the licensee’s competency to be followed by probation under

     

    2030such terms and conditions as set by the Board.

    2039(j) Knowingly maintaining a professional

    2044The usual action of the Board shall be to impose a penalty of an

    2058connection or association with any person who is

    2066administrative fine of three thousand dollars ($3,000.00) and one

    2076in violation of the provisions of Chapter 474,

    2084F.S., or the rules of the Board.

    2091(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.

    2128(k) Paying or receiving kickbacks, rebates,

    2134The usual action of the Board for those violations not disposed of

    2146bonuses, or other remuneration for receiving a

    2153by the Board’s rule concerning minor violations shall be to impose

    2164patient or client or for referring a patient or client

    2174a penalty of a one (1) year probation and an administrative fine

    2186to another provider of veterinary services or goods.

    2194In construing this section, the Board shall deem

    2202of one thousand dollars ($1,000.00) for each count. For a second or subsequent offense, the usual action of the Board shall be to

    2226that a referral to an entity with which the veterinarian

    2236impose a penalty of two (2) years probation and an administrative

    2247has a contractual relationship, for the sale of

    2255fine of two thousand dollars ($2,000.00) for each count.

    2265non-veterinary, non-medical pet food or pet supplies,

     

    2272does not constitute a kickback, so long as the client

     

    2282is aware of the relationship.

     

    2287(l) Performing or prescribing unnecessary or

    2293The usual action of the Board shall be to impose a penalty ranging

    2306unauthorized treatment.

    2308from a reprimand to one (1) year probation and an administrative

     

    2319fine up to two thousand dollars ($2,000.00). For a second or

     

    2331subsequent offense, the usual action of the Board shall be to

     

    2342impose a penalty ranging from a reprimand to two (2) years

     

    2353probation and an administrative fine of five thousand dollars

     

    2362($5,000.00).

    2364(m) Engaging in fraud in the collection of fees

    2373The usual action of the Board shall be to impose a

    2384from consumers or any person, agency, or

    2391organization paying fees to practitioners.

    2396penalty 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

     

    2422thousand dollars ($5,000.00). For a second orsubsequent offense,

     

    2431the usual action of the Board shall be to impose two (2) years

     

    2444suspension followed by two (2) years probation and an

     

    2453administrative fine of five thousand dollars ($5,000.00).

    2461(n) Attempting to restrict competition in the field

    2469The usual action of the Board shall be to impose a penalty of one

    2483of veterinary medicine other than for the

    2490(1) year probation and an administrative fine of two thousand

    2500protection of the public.

    2504dollars ($2,000.00). For a second or subsequent offense, and

     

    2514revocation of the veterinarian’s license to practice in the State of

     

    2525Florida.

    2526(o) Fraud, deceit, negligence, incompetency, or

    2532The usual action of the Board shall be to impose a penalty ranging

    2545misconduct in the practice of veterinary medicine.

    2552from one (1) year probation and an administrative fine from two

     

    2563thousand dollars ($2,000.00) to five thousand dollars ($5,000.00).

     

    2573For a second or subsequent offense, an administrative fine of five

     

    2584thousand dollars ($5,000.00) and revocation of the veterinarian’s

     

    2593license to practice in the State of Florida.

    2601(p) Being convicted of a charge of cruelty to

    2610The usual action of the Board shall be to impose a penalty ranging

    2623animals.

    2624from up to two (2) years suspension followed by up to two (2)

     

    2637years probation and an administrative fine of four thousand dollars

     

    2647($4,000.00). For a second or subsequent offense, an administrative

     

    2657fine of five thousand dollars ($5,000.00) and revocation.

    2666(q) Permitting or allowing another to use a

    2674The usual action of the Board shall be to impose a penalty of up to

    2689veterinarian’s license for the purpose of treating or

    2697offering to treat sick, injured, or afflicted animals.

    2705one (1) year suspension followed by up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00).

     

    2727For a second or subsequent offense, the usual action of the Board

     

    2739shall be to impose a penalty of up to two (2) years suspension

     

    2752followed by up to two (2) years probation and an administrative

     

    2763fine of five thousand dollars ($5,000.00)

    2770(r) Being guilty of incompetence or negligence by

    2778The usual action of the Board shall be to impose a penalty of one

    2792failing to practice veterinary medicine with that

    2799(1) year probation and an administrative fine from two thousand

    2809level of care, skill, and treatment which is

    2817dollars ($2,000.00) to five thousand dollars ($5,000.00). For a

    2828recognized by a reasonably prudent veterinarian as

    2835second or subsequent offense, the usual action of the Board shall

    2846being acceptable under similar conditions and

    2852be to impose a penalty of up to one (1) year suspension followed by

    2866circumstances.

    2867two (2) years probation and an administrative fine of five thousand

     

    2878dollars ($5,000.00).

    2881(s) Willfully making any misrepresentations in

    2887The usual action of the Board shall be to impose a

    2898connection with the inspection of food for human

    2906consumption.

    2907penalty of up to one (1) year suspension followed by one (1) year probation and an administrative fine

     

    2925of 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

     

    2961probation and an administrative fine of five thousand dollars

     

    2970($5,000.00).

    2972(t) Fraudulently issuing or using any false health

    2980The usual action of the Board shall be to impose a penalty of

    2993certificate, vaccination certificate, test chart, or

    2999other blank form used in the practice of veterinary

    3008medicine relating to the presence or absence of

    3016ranging 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,

    3047animal diseases or transporting animals or issuing

    3054the usual action of the Board shall be to impose a penalty of an

    3068any false certificate relating to the sale of products

    3077administrative fine of five thousand dollars ($5,000.00) and

    3086of animal origin for human consumption.

    3092revocation.

    3093(u) Engaging in fraud or dishonesty in applying,

    3101The usual action of the Board shall be to impose a penalty of

    3114treating, or reporting on tuberculin, diagnostic, or

    3121other biological tests.

    3124ranging from up to one (1) year suspension followed by one (1) year probation to revocation and an administrative fine from three

     

    3146thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

     

    3156For a second or subsequent offense, the usual action of the Board

     

    3168shall be to impose an administrative fine of five thousand dollars

     

    3179($5,000.00) and revocation.

    3183(v) Failing to keep the equipment and premises of

    3192the business establishment in a clean and sanitary

    3200condition or having a premise permit suspended or

    3208revoked pursuant to Section 3212474.215, F.S.

    3214The 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

     

    3247($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).

    3298(w) Practicing veterinary medicine at a location

    3305The usual action of the Board shall be to impose an administrative

    3317for which a valid premise permit has not been

    3326fine of one thousand dollars ($1,000.00) penalty and to require

    3337issued when required under Section 3342474.215, F.S.

    3344remedial education. The Board shall also require that a premise

     

    3354permit be obtained or the Department shall be requested to issue a

     

    3366Cease 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).

    3395(x) Refusing to permit the Department to inspect

    3403The usual action of the Board shall be to impose a penalty of an

    3417the business premises of the licensee during

    3424regular business hours.

    3427administrative fine of two thousand dollars ($2,000.00), unless circumstances legally

     

    3438justify 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).

    3480(y) Using the privilege of ordering, prescribing, or

    3488For violations involving medicinal drugs or drugs defined in

    3497making available medicinal drugs or drugs defined

    3504Chapter 465 F.S., the usual action of the Board shall be to impose

    3517in Chapter 465, F.S., or controlled substances as defined

    3526in Chapter 893, F.S., for use other than for the specific

    3537treatment of animal patients for which there is a

    3546a 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

    3578documented veterinarian/client/patient

    3580($5,000.00). For a second or subsequent offense, the usual action of

    3592relationship. Pursuant thereto, the veterinarian shall:

    3598the Board shall be to impose a penalty of up to two (2) years

     

    3612suspension followed by two (2) years probation and an

     

    3621administrative fine of five thousand dollars ($5,000.00). For

     

    3630violations involving controlled substances as defined in Chapter

     

    3638893, F.S., the usual action of the Board shall be to impose a

     

    3651penalty of two (2) year suspension to revocation and an

     

    3661administrative fine of four thousand dollars ($4,000.00). For a

     

    3671second or subsequent offense, the usual action of the Board shall be

     

    3683to impose an administrative fine of five thousand dollars

     

    3692($5,000.00) and revocation.

    36961. Have sufficient knowledge of the animal to

     

    3704initiate at least a general or preliminary diagnosis

     

    3712of the medical condition of the animal, which

     

    3720means that the veterinarian is personally

     

    3726acquainted with the keeping and the caring of the

     

    3735animal and has recent contact with the animal or

     

    3744has made medically appropriate and timely visits

     

    3751to the premises where the animal is kept.

     

    37592. Be available to provide for follow up care and

     

    3769treatment in case of adverse reactions of failure of

     

    3778the regimen of therapy.

     

    37823. Maintain records which document patient

     

    3788visits, diagnosis, treatment, and other relevant

     

    3794information required under this chapter. The

     

    3800documented patient/client/veterinarian relationship

     

    3803cited in Section 3806474.214, F.S. 3808is herein defined as a

     

    3813veterinarian’s record of a client’s animal which

     

    3820documents that the veterinarian has seen the

     

    3827animal in a professional capacity within a period

     

    3835of 12 months or less.

     

    3840(z) Providing, prescribing, ordering, or making

    3846For violations involving medicinal drugs or drugs defined in

    3855available for human use medicinal drugs or drugs

    3863Chapter 465, F.S., the usual action of the Board shall be to impose

    3876as defined in Chapter 465, F.S., controlled substances

    3884as defined in Chapter 893, F.S., or any material,

    3893a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine from two thousand

    3915chemical, or substance used exclusively for

    3921dollars ($2,000.00) to five thousand dollars ($5,000.00). For a

    3932animal treatment.

    3934second or subsequent offense, the usual action of the Board shall

     

    3945be to impose a penalty of three (3) years suspension followed by

     

    3957three (3) years probation up to an administrative fine of five

     

    3968thousand dollars ($5,000.00) and revocation. For violations

     

    3976involving controlled substances as defined in Chapter 893, F.S., the

     

    3986usual penalty will be revocation and an administrative fine up to

     

    3997five thousand dollars ($5,000.00).

    4002(aa) Failing to report to the Department any

    4010The usual action of the Board shall be issuance of a reprimand and

    4023person the licensee knows to be in violation of

    4032Chapter 474, F.S., or the rules of the Board or

    4042an administrative fine of up to one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board

    4065Department.

    4066shall be to impose a penalty of up to one (1) year probation and an

     

    4081administrative fine up to three thousand dollars ($3,000.00).

    4090(bb) Violating any of the requirements of Chapter

    4098The usual action of the Board shall be to impose a penalty of up to

    4113499, F.S., the Florida Drug and Cosmetic Act; 21

    4122two (2) years probation and an administrative fine from two

    4132U.S.C. ss. 301-392, the Federal Food, Drug, and

    4140thousand dollars ($2,000.00) to five thousand dollars ($5,000.00).

    4150Cosmetic Act; 415221 U.S.C. ss. 821 4156seq., the

    4158For a second or subsequent offense, the usual action of the Board

    4170Comprehensive Drug Abuse Prevention and

    4175shall be up to two (2) years suspension followed by three (3) years

    4188Control Act of 1970, more commonly known as

    4196probation and an administrative fine of five thousand dollars

    4205the Federal Drug Abuse Act; or Chapter 893, F.S.

    4214($5,000.00).

    4216(cc) Failing to provide adequate radiation

    4222The usual action of the Board shall be issuance of a reprimand

    4234safeguards.

    4235plus the violator must pay cost of investigation and provide proof

     

    4246of compliance with the rule.

    4251(dd) Failing to perform any statutory or legal

    4259obligation placed upon a licensee.

    4264The usual action of the Board shall be a penalty ranging from the issuance of a reprimand and an administrative fine of one

     

    4287thousand dollars ($1,000.00) up to revocation and an administrative

     

    4297fine of up to five thousand dollars ($5,000.00). For a second or

     

    4310subsequent offense, the usual action of the Board shall be to

     

    4321impose a penalty of a reprimand to revocation and an

     

    4331administrative fine of five thousand dollars ($5,000.00).

    4339(ee) Failing to keep contemporaneously written

    4345The usual action of the Board shall be issuance of

    4355medical records as required by rule of the Board.

    4364a reprimand and up to one (1) year probation, and an administrative

     

    4376fine of up to two thousand dollars ($2,000.00). For a second or

     

    4389subsequent offense, the usual action of the Board shall be a penalty

     

    4401of two (2) years probation and an administrative fine of five

     

    4412thousand dollars ($5,000.00).

    4416(ff) Prescribing or dispensing legend drug as

    4423The usual action of the Board shall be to impose a penalty of an

    4437defined in Chapter 465, F.S., including any controlled

    4445substance, inappropriately or in excessive or

    4451inappropriate quantities.

    4453administrative 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

     

    4486Board shall be to impose a penalty of up to one (1) year suspension followed by three (3) years probation and an administrative fine of

     

    4511five thousand dollars ($5,000.00).

    4516(gg) Practicing or offering to practice beyond the

    4524The usual action of the Board shall be issuance of a reprimand up

    4537scope permitted by law.

    4541to one (1) year probation, and an administrative fine from one

     

    4552thousand dollars ($1,000.00) to three thousand dollars ($3,000.00).

     

    4562For 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).

    4592(hh) Delegating professional responsibilities to a

    4598The usual action of the Board shall be to impose a

    4609person when the licensee delegating such

    4615responsibilities knows or has reason to know that

    4623such person is not qualified by training,

    4630penalty 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.

    4656experience, or licensure to perform them.

    4662For 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).

    4707(ii) Presigning blank prescription forms.

    4712The usual action of the Board shall be to impose a penalty ranging from up to one (1) year suspension

     

    4732of the veterinarian’s license followed by up to one (1) year probation to revocation and an administrative fine

     

    4750of 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).

    4805(jj) Failing to report to the Board within 30 days,

    4815The usual action of the Board shall be the issuance of a reprimand

    4828in writing, any action set forth in paragraph (b)

    4837that has been taken against the practitioner’s

    4844and an administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). For a second or subsequent

    4865license to practice veterinary medicine by any

    4872jurisdiction, including any agency or subdivision

    4878thereof.

    4879offense, the usual action of the Board shall be the issuance of a reprimand and an administrative fine of five thousand dollars ($5,000.00).

    4903(kk) Aiding or assisting another person in

    4910The usual action of the Board shall be to impose a penalty from

    4923violating any provision of this Chapter or any rule

    4932adopted pursuant thereto.

    4935one (1) to three (3) years probation and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars

     

    4956($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).

    5005(ll) Failing to respond within 60 days after receipt

    5014The usual action of the Board shall be suspension until the Board

    5026of a request to provide satisfactory proof of having

    5035receives acceptable response to the request and an administrative

    5044satisfactory proof of having participated in

    5050fine from one thousand dollars ($1,000.00) to five thousand dollars

    5061approved continuing education programs.

    5065($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). 

    5102(mm) Failing to maintain accurate records or

    5109The usual action of the Board shall be an administrative fine from

    5121reports as required by this chapter or by federal or

    5131one thousand five hundred dollars ($1,500.00) to five thousand

    5141state laws or rules pertaining to the storing,

    5149labeling, selling, dispensing, prescribing, and

    5154administering of controlled substances.

    5158dollars ($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).

    5204(nn) Failing to report a change of address to the

    5214The usual action of the Board shall be an administrative fine of

    5226Board within 60 days thereof.

    5231one 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)

    5259(oo) Failure of the responsible veterinarian or permittee

    5267to report a change of premises ownership or responsible

    5276The usual action of the Board shall be an administrative fine of one thousand dollars

    5291veterinarian within 60 days thereof.

    5296($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).

    5321(pp) Failing to give the owner of a patient,

    5330before dispensing any drug, a written prescription

    5337when requested.

    5339The 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

     

    5374three thousand dollars to five thousand dollars ($5,000.00).

    5383(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 5410455.227(1), F.S., 5412it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    5430(a) Misleading, deceptive, untrue, or fraudulent

    5436The usual action of the Board will be to impose a penalty ranging

    5449representations in the practice of veterinary

    5455medicine.

    5456from up to one (1) year suspension followed by one (1) year probation and an administrative fine of up to two thousand dollars

     

    5479($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

     

    5533three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

    5544(b) Intentionally violating any rule adopted by the

    5552The usual action of the Board will be to impose a penalty

    5564Board or the Department.

    5568ranging from the issuance of a reprimand and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars

     

    5589($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).

    5645(c) Being convicted of a felony which relates to

    5654The usual action of the Board will be revocation and an

    5665the practice of veterinary medicine.

    5670administrative fine of up to five thousand dollars ($5,000.00).

    5680(d) Being adjudicated mentally incompetent.

    5685The usual action of the Board will be consistent with paragraph

     

    5696(2)(j) above.

    5698(e) The license has been obtained by fraud or

    5707The usual action of the Board will be revocation of the license and

    5720material misrepresentation of a material fact.

    5726an administrative fine of up to five thousand dollars ($5,000.00).

    5737(f) Use of a Class III or a Class IV laser device or

    5750The usual action of the Board will be an administrative fine of up

    5763product, as defined by federal regulations, without

    5770to three thousand dollars ($3,000.00). For a second or subsequent

    5781having complied with the rules promulgated

    5787offense, the usual action of the Board shall be an administrative

    5798pursuant to Section 5801501.122(2), F.S., 5803governing the

    5805fine of five thousand dollars ($5,000.00).

    5812registration of such devices with the Department

     

    5819of Health and Rehabilitation.

     

    5823(g) Having been found liable in a

    5830The usual action of the Board will be to impose a penalty

    5842civil proceeding for knowingly filing a false report

    5850or complaint with the Department against

    5856another licensee.

    5858ranging 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

     

    5891thousand dollars ($5,000.00). For a second or subsequent offense,

     

    5901the usual action of the Board shall be to impose a penalty of up to

     

    5916three (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).

    5946(h) Making deceptive, untrue, or fraudulent

    5952The usual action of the Board will be to impose a penalty ranging

    5965representations in or related to the practice of a

    5974from up to two (2) years suspension followed by up to two (2)

    5987profession or employing a trick or scheme in

    5995years probation and an administrative fine of up to three thousand

    6006or related to the practice of a profession.

    6014dollars ($3,000.00) to revocation and and an administrative fine of

     

    6025up to five thousand dollars ($5,000.00). For a second or subsequent

     

    6037offense, 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).

    6076(i) Exercising influence on the patient or client

    6084The usual action of the Board will be up to two (2) years

    6097for the purpose of financial gain of the licensee or

    6107a third party.

    6110suspension 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).

    6175(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:

    6215(a) The danger to the public;

    6221(b) The length of time since the violation;

    6229(c) The number of times the licensee has been previously disciplined by the Board;

    6243(d) The length of time licensee has practiced;

    6251(e) The actual damage, physical or otherwise, caused by the violation;

    6262(f) The deterrent affect of the penalty imposed;

    6270(g) The affect of the penalty upon the licensee’s livelihood;

    6280(h) Any effort of rehabilitation by the licensee;

    6288(i) The actual knowledge of the licensee pertaining to the violation;

    6299(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;

    6317(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

    6336(l) Actual negligence of the licensee pertaining to any violation;

    6346(m) Penalties imposed for related offenses under subsections (1), (2) and (3) above;

    6359(n) Pecuniary benefit or self-gain enuring to licensee;

    6367(o) Any other relevant mitigating or aggravating factors under the circumstances.

    6378(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:

    6403(a) Issuance of a reprimand;

    6408(b) Imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense;

    6428(c) Restriction of the authorized scope of practice;

    6436(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;

    6476(e) Suspension of a license;

    6481(f) Revocation of a license;

    6486(g) Denial of an application for licensure or a permit to own and operate a veterinary establishment; and

    6504(h) The taking and passing of a clinical competency specialty examination.

    6515(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 6555120.57(3), F.S.

    6557(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.

    6595Rulemaking Authority 6597455.2273(1), 6598474.206 FS. 6600Law Implemented 6602455.2273, 6603474.213, 6604474.214 FS. 6606History–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.

     

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