64B24-8.002. Disciplinary Action and Guidelines

(1) Purpose. Pursuant to Sections 456.079 and 467.203, F.S., the department provides for disciplinary guidelines in this rule which shall be imposed upon applicants or licensees it regulates under Chapter 467, F.S. The purpose of this rule is to notify applicants and licensees of the range of penalties which will routinely be imposed unless the department finds it necessary to deviate from the guidelines for the stated reasons given in this rule. The range of penalties are based upon a single count violation of each provision listed. Multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between, including appropriate probation, supervision, and continuing education. For applicants, all offenses listed in the Disciplinary Guidelines are sufficient for refusal to certify an application for licensure.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees the department shall act in accordance with guidelines and shall impose a penalty within a range corresponding to the violations set forth in form DH-MQA 5015, Council of Licensed Midwifery Disciplinary Guidelines (09/2015), incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-06546.

(3) The department shall take into consideration the danger to the public; the number of repetitions of offenses; the length of time since date of violation; the number of disciplinary actions taken against the licensee; the length of time licensee has practiced; the actual damage, physical or otherwise, to the patient; the deterrent effect of the penalty imposed; any efforts for rehabilitation; and any other mitigating or aggravating circumstances in determining the appropriate disciplinary action to be imposed.

(4) In addition to any other discipline imposed, the department shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of any guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the department shall impose a fine of $10,000 per count or offense.

Rulemaking Authority 456.004(5), 456.072, 456.079, 467.005, 467.203(4) FS. Law Implemented 456.079, 467.203 FS. History–New 7-14-94, Formerly 61E8-8.002, 59DD-8.002, Amended 10-3-06, 10-28-10, 3-22-16.