64B12-8.020. Disciplinary Guidelines  


Effective on Monday, March 26, 2018
  • 1(1) The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 484, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties that will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below 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. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

    159(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 177120.57(1) 178and 179120.57(2), F.S., 181the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

    233(3) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has committed any of the acts set forth in Section 259484.014, F.S., 261it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    279VIOLATIONS

    280RECOMMENDED PENALTIES

     

    282First Offense

    284Second Offense

    286Third Offense

    288(a) Procuring or attempting to procure, or renew a license by misrepresentation, bribery, fraud or through an error of the Department or the Board.

    312(Section 313484.014(1)(a), F.S.315)

    316(Section 317456.072(1)(h), F.S.319)

    320(a) From reprimand to probation of the license and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    364(a) From suspension to revocation of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    408(a) From revocation, without the ability to reapply, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    453(b) Procuring or attempting to procure a license for any other person by making or causing to be made any false representation.

    475(Section 476484.014(1)(b), F.S.478)

    479(b) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    523(b) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    567(b) From suspension to revocation, without the ability to reapply, and an administrative fine of $1,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    611(c) Filing a false report or failing to file a report as required. Such reports or records shall include only those which the person is required to make or file as an optician.

    644(Section 645484.014(1)(c), F.S.647)

    648(Section 649456.072(1)(l), F.S.651)

    652(c) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    680(c) From probation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    705(c) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1000.00, or refusal to certify an application for licensure.

    730(d) Failing to make fee or price information readily available by providing such information upon request or upon the presentation of a prescription.

    753(Section 754484.014(1)(d), F.S.756)

    757(d) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    785(d) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    810(d) From probation to suspension of the license, and an administrative fine ranging from $750.00 to $1000.00, or refusal to certify an application for licensure.

    835(e) False, deceptive, or misleading advertising.

    841(Section 842484.014(1)(e), F.S.844)

    845(e) From a letter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    873(e) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    898(e) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    924(f) Fraud or deceit, or negligence, incompetency, or misconduct in the authorized practice of opticianry.

    939(Section 940484.014(1)(f), F.S.942)

    943(f) From reprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $3,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    981(f) From probation to suspension of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    1019(f) From suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraud is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    1057(g) Practicing with a revoked, suspended, inactive, retired, or delinquent license.

    1068(Sections 1069456.036(1) 1070and 1071484.014(1)(g), F.S.1073)

    1074(g) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1099(g) From probation to suspension of the license and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1124(g) From suspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1147(h) Violation of a lawful order of the Board or Department or a subpoena of the Department.

    1164(Section 1165484.014(1)(h), F.S.1167)

    1168(Section 1169456.072(1)(q), F.S.1171)

    1172(h) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1200(h) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1225(h) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1251(i) Violation of any provision of Section 1258484.012, F.S.

    1260(Section 1261484.014(1)(i), F.S.1263)

    1264(i) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1289(i) From probation to suspension, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1311(i) From suspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1334(j) Conspiring to restrict another from lawfully advertising his or her services.

    1346(Section 1347484.014(1)(j), F.S.1349)

    1350(j) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1375(j) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1400(j) From suspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1426(k) Willfully submitting to any thirdparty payor a claim for services which were not provided to a patient.

    1444(Section 1445484.014(1)(k), F.S.1447)

     

    1448The licensee’s reimbursement to the third-party payor shall be considered as a mitigating factor by the board.

    1465(k) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.

    1490(k) From probation to suspension, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    1513(k) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1539(l) Failing to keep written prescription files.

    1546(Section 1547484.014(1)(l), F.S.1549)

    1550(l) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1576(l) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1601(l) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1627(m) Failure to report another licensee in violation of Chapters 484, Part I, 456, F.S., or rule of the Board or Department.

    1649(Section 1650484.014(1)(m), F.S.1652)

    1653(Section 1654456.072(1)(i), F.S.1656)

    1657(m) From a letter of concern to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1685(m) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1710(m) From suspension to revocation of the license and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1736(n) Exercising influence on a client for financial gain of the licensee or of a third party.

    1753(Section 1754484.014(1)(n), F.S.1756)

    1757(Section 1758456.072(1)(n), F.S.1760)

    1761(n) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1786(n) From probation to revocation of the license, and an administrative fine ranging from $500.00 to a $750.00, or refusal to certify an application for licensure.

    1812(n) From suspension to revocation and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1835(o) Gross or repeated malpractice.

    1840(Section 1841484.014(1)(o), F.S.1843)

    1844(o) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    1869(o) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    1895(o) From suspension to revocation of the license, without the ability to reapply, and an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify an application for licensure.

    1926(p) Permitting any person not licensed as an optician in this state to fit or dispense any lenses, spectacles, eyeglasses, or other optical devices that are part of the practice of opticianry.

    1958(Section 1959484.014(1)(p), F.S.1961)

    1962(p) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    1987(p) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2012(p) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2038(q) Guilty of a crime directly relating to the ability to practice opticianry or to the practice of opticianry.

    2057(Section 2058484.014(1)(q), F.S.2060)

    2061(Section 2062456.072(1)(c), F.S.2064)

    2065(q) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2090(q) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    2116(q) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2142(r) Action taken against license by another jurisdiction. Licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

    2187(Section 2188484.014(1)(r), F.S.2190)

    2191(Section 2192456.072(1)(f), F.S.2194)

    2195(r) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2220(r) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2245(r) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2271(s) Being unable to practice opticianry with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

    2309(Section 2310484.014(1)(s), F.S.2312)

    2313(Section 2314456.072(1)(z), F.S.2316)

    2317(s) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2342(s) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2367(s) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2393(t) Violation or repeated violation of Chapter 456 or 484, F.S., or any rules promulgated pursuant thereto.

    2410(Section 2411484.014(1)(i), 2412(t), F.S.)

    2414(Section 2415456.072(1)(b), 2416(dd), F.S.)

    2418(t) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.

    2443(t) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    2469(t) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2495(4) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated Section 2514484.014(1)(t), F.S., 2516by violating any of the following Board rules, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    2542VIOLATIONS

    2543RECOMMENDED PENALTIES

     

    2545First Offense

    2547Second Offense

    2549Third Offense

    2551(a) Failure to give notice of withdrawal of services pursuant to Rule 256364B12-10.003, 2564F.A.C.

    2565(a) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2590(a) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2615(a) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2640(b) Failure to identify through written notice or orally to a patient the type of license under which the practitioner is practicing pursuant to Rule 266564B12-10.0035, 2666F.A.C.

    2667(b) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2695(b) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2720(b) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2745(c) Failure to properly keep and transfer prescription files pursuant to Rule 275764B12-10.006, 2758F.A.C.

    2759(c) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2787(c) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2812(c) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2837(d) Failure to assure that duplicate prescription forms contain the information required by Rule 285164B12-10.0065, 2852F.A.C.

    2853(d) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    2881(d) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2906(d) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2931(e) Failure to maintain the equipment required by Rule 294064B12-10.007, 2941F.A.C.

    2942(e) Notice of Non-Compliance.

    2946(e) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    2971(e) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    2996(f) Failure to provide change of address, pursuant to Rule 300664B12-10.012, 3007F.A.C.

    3008(f) Notice of Non-Compliance.

    3012(f) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3037(f) From reprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3062(g) Failure to properly supervise an apprentice as required by Rule 307364B12-16.003, 3074F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the Board may require probation with the condition that the licensee not serve as a sponsor.

    3100(g) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    3126(g) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3151(g) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3176(h) Failure to file the proper report upon termination of apprenticeship as required by Rule 319164B12-16.004, 3192F.A.C. For each offense, depending upon aggravating and mitigating circumstances, the board may deny credit for hours of apprenticeship.

    3211(h) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    3237(h) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3262(h) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3287(i) Failure to file the proper report upon termination of sponsorship as required by Rule 330264B12-16.004, 3303F.A.C.

     

    3304Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.

    3329(i) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    3355(i) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3380(i) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3405(j) Failure of a sponsor or apprentice to comply with Chapters 484, Part I, and 456, F.S., and the rules of the Board and Department or to timely file complete reports or information as required by Rule 344264B12-16.008, 3443F.A.C.

     

    3444Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor or the board may deny credit for hours of apprenticeship.

    3479(j) From a reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    3505(j) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3530(j) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3555(k) Failure to maintain accurate and complete records of time worked by an apprentice, pursuant to Rule 357264B12-16.009, 3573F.A.C.

    3574Depending upon aggravating and mitigating circumstances for each offense, the Board may require probation with the condition that the licensee not serve as a sponsor.

    3599(k) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    3625(k) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    3650(k) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    3675(5) When the Board finds an applicant or licensee whom it regulates under Chapter 484, F.S., has violated Section 3694456.063(3), 3695456.065(2) 3696or 3697484.013(1)(b) 3698or 3699456.072, F.S., 3701by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    3726VIOLATIONS

    3727RECOMMENDED PENALTIES

     

    3729First Offense

    3731Second Offense

    3733Third Offense

    3735(a) Failure to report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred.

    3758(Section 3759456.063(3), F.S.3761)

    3762(a) From reprimand to suspension of the license, and an administrative fine ranging from $1,500.00 to $5,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

    3806(a) From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

    3850(a) From suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

    3893(b) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Department will enter a cease and desist order.

    3928(Sections 3929456.065(2) 3930and 3931484.013(1)(b), F.S.3933)

    3934(b) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.

    3960(b) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    3986(b) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

    4011(c) Making misleading, deceptive, or fraudulent representations in or related to the practice of opticianry.

    4026(Section 4027456.072(1)(a), F.S.4029)

    4030(c) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4069(c) From probation to revocation of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4108(c) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4146(d) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

    4164(Section 4165456.072(1)(e), F.S.4167)

    4168(d) From letter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    4196(d) From reprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

    4223(d) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    4249(e) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

    4272(Section 4273456.072(1)(g), F.S.4275)

    4276(e) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

    4303(e) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

    4330(e) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    4356(f) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice opticianry contrary to Chapters 484 and 456, F.S., or the rules of the department or the board.

    4387(Section 4388456.072(1)(j), F.S.4390)

    4391(f) From reprimand to suspension of the license, and an administrative fine ranging from $2,000.00 to $5,000.00, or refusal to certify an application for licensure.

    4418(f) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

    4445(f) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    4471(g) Failure to perform legal obligation.

    4477(Section 4478456.072(1)(k), F.S.4480)

    4481(g) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $2,500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    4526(g) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    4572(g) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

    4617(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.

    4648(Section 4649456.072(1)(m), F.S.4651)

    4652(h) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4691(h) From probation to suspension of the license, without the ability to reapply, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4735(h) From suspension to revocation of license, without the ability to reapply, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

    4778(i) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

    4811(Section 4812456.072(1)(o), F.S.4814)

    4815(i) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

    4842(i) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

    4869(i) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    4895(j) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

    4940(Section 4941456.072(1)(p), F.S.4943)

    4944(j) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

    4971(j) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

    4998(j) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    5024(k) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    5040(Section 5041456.072(1)(r), F.S.5043)

    5044(k) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

    5070(k) From probation to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

    5097(k) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    5123(l) Engaging or attempting to engage a patient or client in verbal or physical sexual activity. For the purposes of this section, a patient or client shall be presumed to be incapable of giving free, full, and informed consent to verbal or physical sexual activity.

    5168(Section 5169456.072(1)(v), F.S.5171)

    5172(l) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

    5199(l) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

    5226(l) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

    5252(m) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

    5298(Section 5299456.072(1)(x), F.S.5301)

    5302(m) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

    5329(m) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

    5356(m) From suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.

    5382(n) Termination from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section 5403456.076, F.S.

     

    5405Termination can be for failure to comply with the terms of the monitoring or treatment contract entered into by the licensed practitioner, failure to successfully complete any drug treatment or alchohol-treatment program, or termination from a monitoring or treatment contract without good cause.

    5448(Section 5449456.072(1)(hh), F.S.5451)

    5452(n) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

    5477(n) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

    5502(n) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00 or refusal to certify an application for licensure.

    5528(o) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 555018 USC s. 669, 5554ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 557442 USC ss. 1320a-7b, 5578relating to the Medicaid program.

    5583(Section 5584456.072(1)(ii), F.S.5586)

    5587(o) 5588Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

     

     

    5606(p) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

    5630(Section 5631456.072(1)(jj), F.S.5633)

    5634(p) From a letter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.

    5653(p) From a reprimand to suspension of license, and an administrative fine of $1000.00 to $5,000.00.

    5670(p) From suspension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.

    5687(q) Being terminated from  the state Medicaid program, or any other state Medicaid program, or the federal Medicare program.

    5706(Section 5707456.072(1)(kk), F.S.5709)

    5710(q) From a letter of concern to probation of the license, and an administrative fine of $500.00 to $1000.00.

    5729(q) From a reprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.

    5747(q) From suspension to revocation of license, and an administrative fine of $1,000.00 to $5,000.00.

    5764(r) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud.

    5792(Section 5793456.072(1)(ll), F.S.5795)

    5796(r) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

     

     

    5815(6) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsections (3) through (5), above. If mitigating factors are present, the administrative fine may be reduced and a less severe action, such as a reprimand or probation, taken against the licensee from the range of actions given in the disciplinary guidelines. If aggravating factors are present, the maximum administrative fine may be imposed and more severe action, such as suspension or revocation, taken against the licensee from the range of actions given in the disciplinary guidelines. The Board shall consider as aggravating or mitigating factors the following:

    5925(a) The danger to the public;

    5931(b) The length of time since the violation;

    5939(c) The number of times the licensee has been previously disciplined by the Board;

    5953(d) The length of time licensee has practiced;

    5961(e) The actual damage, physical or otherwise, caused by the violation;

    5972(f) The deterrent effect of the penalty imposed;

    5980(g) The effect of the penalty upon the licensee’s livelihood;

    5990(h) Any effort of rehabilitation by the licensee;

    5998(i) The actual knowledge of the licensee pertaining to the violation;

    6009(j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation;

    6027(k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served;

    6046(l) Actual negligence of the licensee pertaining to any violation;

    6056(m) Penalties imposed for related offenses under subsections (1) and (2), above;

    6068(n) Any other relevant mitigating or aggravating under the circumstances.

    6078(7) Penalties imposed by the Board pursuant to subsections (3) through (5), above, may be imposed in combination or individually. All penalties at the upper range of the sanctions set forth in the guidelines (e.g., suspension, revocation) include lesser penalties, i.e., fine, reprimand or probation, which may be included in the final penalty. Such penalties are as follows:

    6136(a) Refusal to certify to the Department an application for licensure.

    6147(b) Issuance of a reprimand.

    6152(c) Imposition of an administrative fine not to exceed $10,000.00 for each count or separate offense. If the violation is for fraud or making a false or fraudulent representation, the board must impose a fine of $10,000 per count or offense.

    6195(d) Placement of the optician on probation for a period of time and subject to such conditions as the Board may specify, including requiring the optician to submit to treatment or to work under the supervision of another optician.

    6234(e) Suspension of a license.

    6239(f) Permanent revocation of a license.

    6245Rulemaking Authority 6247456.079, 6248484.005 FS. 6250Law Implemented 6252456.072, 6253456.079, 6254484.014 FS. 6256History–New 3-5-87, Amended 3-30-89, 4-22-90, 12-23-90, 1-27-93, Formerly 21P-8.020, Amended 5-2-94, Formerly 61G13-8.020, 59U-8.020, Amended 12-3-01, 3-16-04, 5-25-06, 6-24-08, 4-8-10, 3-26-18.

     

Rulemaking Events:

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