64E-3.011. Disciplinary Guidelines

(1) When the Department finds that an applicant, employer, certificateholder or other person has committed any of the acts set forth in Section 468.3101, F.S., or has failed to comply with Section 381.0034, F.S., it shall impose appropriate penalties as recommended within the range of the “Disciplinary Guidelines for Radiological Personnel” (revised October 2015) which is herein incorporated by reference and is available from the Department at http://www.FloridaHealth.gov/radiation and at http://www.flrules.org/Gateway/reference.asp?No=Ref-06284. All violations are sufficient for refusal to certify an applicant. The disciplinary guidelines shall be interpreted as inclusive of those penalties that fall between the minimum and the maximum authorized for the violation. When a disciplinary guideline includes a period of probation, the intent is to require performance under supervision, additional education, treatment, and/or monitoring, or other conditions during the probationary period. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple count violations of a provision, or violations of multiple provisions will be grounds for enhancement of penalties. “PRN” refers to Professional’s Resource Network, the impaired practitioner program for applicants and certificateholders under this part.

(2) The range of disciplinary action which the Department may impose includes any and all set forth in Section 468.3101, F.S. The Department shall take various mitigating or aggravating factors into consideration in determining the appropriate disciplinary action to be imposed and shall state in the Final Order any factors used to deviate from the specified guidelines. The factors that may be considered are:

(a) The danger to the public;

(b) The number of repetitions of offenses;

(c) The length of time since the date of the violation;

(d) The length of time the certificateholder has practiced;

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

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the certificateholder’s livelihood;

(h) Previous disciplinary action against the applicant or certificateholder by the Department, by a national organization or registry, or by the certification authority of another jurisdiction;

(i) Rehabilitation efforts or efforts to correct or stop violations, or the failure to correct or stop violations; and,

(j) Any other mitigating or aggravating circumstances.

(3) A certificateholder whose certificate has been suspended, or placed on probation, may file a petition or an application for reinstatement, whichever is appropriate, after the time of suspension, or probation has passed, which petition or application shall include documentation that all terms and conditions established at the time of suspension, or probation have been met.

Rulemaking Authority 381.0034, 468.303, 468.3101(4), 468.3101(6) FS. Law Implemented 381.0034, 468.3101 FS. History–New 4-10-85, Formerly 10D-74.58, Amended 3-21-88, 9-17-92, 5-7-96, Formerly 10D-74.058, Amended 5-14-07, 2-29-16.