64B18-14.002. Disciplinary Guidelines  


Effective on Wednesday, January 2, 2019
  • 1The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon an applicant or licensee whom it regulates under chapter 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either section 60461.012 61or 62456.072, F.S. 64The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of chapter 461, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.

    188VIOLATION

    189FIRST OFFENSE

    191SECOND OFFENSE

    193(1) Practicing or attempting to practice podiatric medicine or advertising podiatric services in this state without an active license to practice podiatric medicine pursuant to chapter 461, F.S., or with a license fraudulently obtained.

    227(Sections 228461.012(1)(a) 229and (b), F.S.)

    232In the case of an applicant, the Board shall deny the application and impose a $10,000.00 fine. In the case of a licensee who has obtained or attempted to obtain a license by fraud, the Board shall impose probation to revocation and a fine of $10,000.00. In the case of a licensee who has practiced, attempted to practice, or advertised while holding an inactive or delinquent license, the Board shall impose a reprimand with or without a period of suspension and a fine of $10,000.00.

     

    320(2) Section 322456.072, F.S.324: Using or attempting to use a license to practice podiatric medicine which has been suspended.

    340(Sections 341456.072(1)(b) 342and 343461.012(1)(c), F.S.345)

    346The Board shall impose a penalty of revocation.

     

    354(3) Selling or fraudulently obtaining or furnishing any podiatry diploma, license, or record of registration or aiding or abetting in the same.

    376(Section 377461.012(2)(a), F.S.379)

    380The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00. In the case of an applicant, the Board shall deny the application and impose a $10,000.00 fine.

    421The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00. In the case of an applicant, the Board shall deny the application and impose a $10,000.00 fine.

    462(4) Making any willfully false oath or affirmation whenever an oath or affirmation is required by chapter 461, F.S.

    481(Section 482461.012(2)(b), F.S.484)

    485The Board in the case of licensee shall impose a penalty ranging from suspension to revocation and a fine of $8,000.00. In the case of an applicant, the Board shall also deny the application in addition to the $8,000.00 fine.

    527The Board in the case of licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00. In the case of an applicant, the Board shall also deny the application in addition to the $10,000.00 fine.

    569(5) Using the name or title “Podiatrist,” “Doctor of Podiatry,” “Doctor of Podiatric Medicine,” or using the phrase “foot clinic,” “foot doctor,” “quiropedista,” or any other name, title, or phrase which would lead the public to believe that such person is engaging in the practice of podiatric medicine, unless such person is licensed as a podiatric physician in this state.

    635(Section 636461.012(2)(c), F.S.638)

    639The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000.00 to $10,000.00. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000.00 fine shall be imposed in addition to other actions.

    702The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000.00 to $10,000.00. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000.00 fine shall be imposed in addition to other actions.

    765(6) Knowingly concealing information relative to a violation of chapter 461, F.S.

    777(Section 778461.012(2)(d), F.S.780)

    781The Board in the case of a licensee shall impose a penalty ranging from a reprimand to probation, and an administrative fine from $500.00 to $2,000.00. In the case of an applicant, the Board shall deny the application.

    820The Board in the case of a licensee shall impose a penalty ranging from probation to revocation, and an administrative fine from $500.00 to $10,000.00. In the case of an applicant, the Board shall deny the application.

    858(7) Attempting to obtain, obtaining or renewing a license to practice podiatric medicine by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board.

    886(Section 887461.012(1)(a), F.S.889)

    890In the case of an applicant, the Board shall deny the application and impose a fine of $10,000.00, if fraud. In the case of a licensee, the Board shall impose a penalty of a reprimand to revocation and a fine of $500.00 to $8,000.00, and referral for criminal investigation, if bribery; a $10,000.00 fine if fraudulent misrepresentation; and a reprimand and fine of $500.00 to $1,000.00 if error of Department.

    964In the case of an applicant, the Board shall deny the application and impose a fine of $10,000.00, if fraud. In the case of a licensee, the Board shall impose a penalty of a reprimand to revocation and a fine of $500.00 to $10,000.00, and referral for criminal investigation, if bribery; a $10,000.00 fine if fraudulent misrepresentation; and a reprimand and fine of $500.00 to $1,000.00 if error of Department.

    1038(8) Having a license to practice podiatric medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

    1067(Section 1068461.013(1)(b), F.S.1070)

    1071In the case of a licensee, the Board shall impose a penalty that parallels the action taken by the other jurisdiction and a fine from $500.00 to $8,000.00, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.

    1123In the case of a licensee, the Board shall impose a penalty that parallels the action taken by the other jurisdiction and a $10,000.00 fine, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.

    1172(9) Being convicted or found guilty, including any plea of nolo contendere, regardless of adjudication, of a crime in any jurisdiction which directly related to the practice of podiatric medicine or the ability to practice podiatric medicine.

    1209(Section 1210461.013(1)(c), F.S.1212)

    1213In the case of a licensee, the Board shall impose a penalty ranging from probation to revocation and a fine of $1,000.00 to $8,000.00, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.

    1262In the case of a licensee, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.

    1308(10) Advertising in a manner which is false, deceptive or misleading.

    1319(Section 1320461.013(1)(d), F.S.1322)

    1323The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000.00.

    1340The Board shall impose a penalty ranging from reprimand to probation and a fine of $10,000.00.

    1357(11) Advertising, practicing or attempting to practice under a name other than one’s own.

    1371(Section 1372461.013(1)(e), F.S.1374)

    1375The Board shall impose a penalty ranging from reprimand to suspension and a fine from $1,000.00 to $5,000.00. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000.00 fine shall be imposed in addition to other actions.

    1419The Board shall impose a penalty ranging from reprimand to suspension and a fine $1,000.00 to $10,000.00. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000.00 fine shall be imposed in addition to other actions.

    1462(12) Failing to report to the Department any person the licensee knows to be in violation of chapter 461, F.S., or the rules of the Board or Department.

    1490(Section 1491461.013(1)(f), F.S.1493)

    1494The Board shall impose a penalty of a reprimand and a fine of $500.00 to $2,000.00.

    1511The Board shall impose a penalty of a reprimand and a fine of $2,000.00 to $10,000.00.

    1529(13) Aiding, assisting, procuring, permitting or advising any unlicensed person to practice podiatric medicine contrary to chapter 461, F.S., or the rules of the Board or Department.

    1556(Section 1557461.013(1)(g), F.S.1559)

    1560The Board shall impose a penalty of probation to suspension and a fine from $1,000.00 to $5,000.00. In the case of an applicant, the Board shall deny the application.

    1591The Board shall impose a penalty of probation to suspension and a fine from $5,000.00 to $10,000.00. In the case of an applicant, the Board shall deny the application.

    1622(14) Failing to perform any statutory or legal obligation placed upon a licensed podiatric physician.

    1637(Section 1638461.013(1)(h), F.S.1640)

    1641The Board shall impose a penalty ranging from reprimand to suspension and a fine of $5,000.00 to $8,000.00.

    1661The Board shall impose a penalty ranging from reprimand to suspension and a fine of $5,000.00 to $10,000.00.

    1681(15) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed podiatric physician.

    1747(Section 1748461.013(1)(i), F.S.1750)

    1751If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $2,500.00 to $5,000.00. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00.

    1792If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $10,000.00. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00.

    1830(16) Paying or receiving any commission, bonus, kickback, rebate or engaging in any split18441845fee arrangement in any form whatsoever with a physician, organization, agency or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies.

    1888(Section 1889461.013(1)(cc), F.S. 1891through a violation of section 1896456.054, F.S.1898)

    1899The Board shall impose a penalty ranging from reprimand to suspension and a fine of $1,000.00 to $5,000.00.

    1919The Board shall impose a penalty ranging from reprimand to suspension and a fine of $10,000.00.

    1936(17) Making misleading, deceptive, untrue or fraudulent representations in the practice of podiatric medicine or employing a trick or scheme in the practice of podiatric medicine when such scheme or trick fails to conform to the generally prevailing standards of treatment in the podiatric community.

    1981(Sections 1982461.013(1)(j) 1983and 1984456.072(2)(d), F.S.1986)

    1987The Board shall impose a penalty ranging from probation to suspension and a fine of $10,000.00.

    2004The Board shall impose a penalty ranging from probation to suspension and a fine of $10,000.00.

    2021(18) Soliciting patients either personally or through an agent.

    2030(Section 2031461.013(1)(k), F.S.2033)

    2034The Board shall impose a penalty ranging from reprimand to probation and a fine of $500.00 to $2,000.00.

    2053The Board shall impose a penalty ranging from reprimand to probation and a fine of $2,000.00 to $10,000.00.

    2073(19) Failing to keep written medical records justifying the course of treatment of the patient.

    2088(Section 2089461.013(1)(l), F.S.2091)

    2092The Board shall impose a penalty ranging from reprimand to probation and a fine of $500.00 to $2,000.00.

    2111The Board shall impose a penalty ranging from reprimand to probation and a fine of $2,000.00 to $10,000.00.

    2131(20) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party.

    2161(Section 2162461.013(1)(m), F.S.2164)

    2165The Board shall impose a penalty ranging from probation to suspension and a fine of $1,000.00 to $5,000.00.

    2185The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000.00 to $10,000.00.

    2205(21) Performing professional services which have not been duly authorized by the patient or client or his legal representative.

    2224(Section 2225461.013(1)(n), F.S.2227)

    2228The Board shall impose a penalty ranging from reprimand to probation and a fine of $1,000.00 to $5,000.00.

    2248The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000.00 to $10,000.00.

    2268(22) Prescribing, dispensing, administering, mixing or otherwise preparing a legend drug, including all controlled substances, other than in the course of the podiatric physician’s professional practice.

    2294(Sections 461.072(7) and 2297461.013(1)(o), F.S.2299)

    2300The Board shall impose a penalty of six months suspension and $10,000.00 fine.

    2314The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00.

    2331(23) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 893, F.S., by the podiatric physician to himself except those prescribed, dispensed or administered to the podiatric physician by another practitioner authorized to prescribe, dispense or administer them.

    2375(Section 2376461.013(1)(p), F.S.2378)

    2379The Board shall impose a penalty ranging from probation to suspension and a fine of $1,000.00 to $8,000.00.

    2399The Board shall impose a penalty ranging from probation to suspension to revocation and a fine of $10,000.00.

    2418(24) Prescribing, ordering, dispensing, administering, supplying, selling or giving amphetamine or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to chapter 893, F.S.

    2446(Section 2447461.013(1)(q), F.S.2449)

    2450The Board shall impose a penalty ranging from suspension to revocation and a fine of $1,000.00 to $8,000.00.

    2470The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00.

    2487(25) Being unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, or use of alcohol, drugs, narcotic, chemicals or any other type of material or as a result of any mental or physical condition.

    2528(Section 2529461.013(1)(r), F.S.2531)

    2532The Board shall impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board and a fine from $1,000.00 to $5,000.00. If the individual is an applicant, the Board shall deny the application.

    2582The Board shall impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board and a fine from $5,000.00 to $10,000.00. If the individual is an applicant, the Board shall deny the application.

    2632(26) Gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances.

    2669(Sections 2670461.013(1)(s) 2671and 2672456.072(7), F.S.2674)

    2675The Board shall impose a penalty of suspension and a fine of $10,000.00.

    2689The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000.00 to $10,000.00, depending on the severity of the offense.

    2716(27) Performing any procedure or prescribing any therapy which, by prevailing standards of podiatric practice in the community, would constitute experimentation on human subjects without first obtaining full, informed, and written consent.

    2748(Section 2749461.013(1)(t), F.S.2751)

    2752The Board shall impose a penalty ranging from probation to revocation and a fine of $1,000.00 to $8,000.00.

    2772The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000.00 to $10,000.00.

    2792(28) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform.

    2826(Section 2827461.013(1)(u), F.S.2829)

    2830The Board shall impose a penalty ranging from probation to revocation and a fine of $1,000.00 to $8,000.00, depending on the severity of the offense.

    2857The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000.00 to $10,000.00, depending on the severity of the offense.

    2884(29) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience or licensure to perform them.

    2917(Section 2918461.013(1)(v), F.S.2920)

    2921The Board shall impose a penalty ranging from reprimand to probation and a fine of $500.00 to $5,000.00.

    2940The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000.00 to $10,000.00.

    2960(30) Violating any provision of Chapter 461 or 456, F.S., or any rule of the Board or Department.

    2978(Sections 2979456.072(1)(dd) 2980and 2981461.013(1)(cc), F.S.2983)

    2984The Board shall impose a penalty ranging from a fine of $1,000.00 to $8,000.00, and probation or suspension if a practice issue is involved or denial of license, if an applicant.

    3017The Board shall impose a penalty ranging from a fine of $8,000.00 to $10,000.00, and probation or suspension if a practice issue is involved or denial of license, if an applicant.

    3050(31) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate or preclude another licensee from lawfully advertising his services.

    3083(Section 3084461.013(1)(x), F.S.3086)

    3087The Board shall impose a penalty of reprimand to probation and a fine of $500.00 to $1,500.00.

    3105The Board shall impose a penalty of reprimand to probation and a fine of $2,000.00 to $10,000.00.

    3124(32) Prescribing, ordering, dispensing, administering, supplying, selling or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (CG), or other hormones for the purpose of muscle building or to enhance athletic performance.

    3157(Section 3158461.013(1)(y), F.S.3160)

    3161The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000.00 to $8,000.00.

    3181The Board shall impose a penalty ranging from probation to suspension and a fine of $8,000.00 to $10,000.00.

    3201(33) Fraud, deceit, or misconduct in the practice of podiatric medicine.

    3212(Section 3213461.013(1)(z), F.S.3215)

    3216The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $10,000.00 if fraud is alleged.

    3244The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $10,000.00 if fraud is alleged.

    3272(34) Failure to report to the Department any licensee under chapter 458 or 459, F.S., for violations of disciplinary provisions of their laws and rules.

    3297(Sections 3298461.013(1)(i) 3299and 3300461.013(1)(aa), F.S.3302)

    3303In the case of a licensee, the Board shall impose a penalty of a reprimand and an administrative fine of $500.00 to $2,000.00.

    3327In the case of a licensee, the Board shall impose a penalty of a reprimand and an administrative fine of $2,000.00 to $5,000.00.

    3352(35) Failure to comply with the requirements of sections 3361381.026 3362and 3363381.0261, F.S., 3365to provide patients with information regarding their patient rights and how to file a complaint.

    3380(Section 3381461.013(1)(bb), F.S.3383)

    3384In the case of a licensee, the Board shall impose a penalty of a reprimand to probation and an administrative fine from $250.00 to $1,000.00.

    3410In the case of a licensee, the Board shall impose a penalty of a reprimand to probation and an administrative fine from $2,000.00 to $5,000.00.

    3437(36) Failure to comply with HIV/AIDS education requirement.

    3445(Section 461.072(1)(e), F.S.)

    3448The Board shall impose an administrative fine from $500.00 to $1,000.00.

    3460The Board shall impose a reprimand and an administrative fine from $2,000.00 to $5,000.00.

    3476(37) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee.

    3499(Section 461.072(1)(g), F.S.)

    3502The Board shall impose a penalty ranging from probation to suspension and a fine of $500.00 to $1,000.00.

    3521The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000.00.

    3538(38) Engaging or attempting to engage a patient or client in sexual misconduct as defined in section 3555456.063(1), F.S.

    3557(Section 3558456.072(1)(v), F.S.3560)

    3561The Board shall impose a penalty ranging from probation to revocation and a fine of $5,000.00 to $8,000.00.

    3581The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00.

    3598(39) Failure to comply with the requirements of profiling or credentialing.

    3609(Section 3610456.072(1)(w), F.S.3612)

    3613The Board shall impose an administrative fine from $500.00 to $1,000.00.

    3625The Board shall impose a reprimand and an administrative fine from $1,000.00 to $5,000.00.

    3641(40) Failure to report a criminal conviction or plea to the Board in writing within 30 days.

    3658(Section 3659456.072(1)(x), F.S.3661)

    3662The Board shall impose a penalty ranging from reprimand to probation and a $500 to $1,000 administrative fine.

    3681The Board shall impose a penalty ranging from reprimand to probation and a $2,000.00 to $5,000.00 administrative fine.

    3701(41) Using information about people involved in motor vehicle accidents which has been derived from accident reports, etc., for solicitation of business.

    3723(Section 3724456.072(1)(y), F.S.3726)

    3727The Board shall impose a penalty ranging from reprimand to probation and an administrative fine of $1,000.00 to $5,000.00.

    3748The Board shall impose a penalty ranging from reprimand to probation and an administrative fine of $5,000.00 to $10,000.00.

    3769(42) Sexual misconduct as defined in section 3776456.063(1), F.S., 3778other than involving a patient or client.

    3785(Section 3786456.072(1)(v), F.S.3788)

    3789The Board shall impose a penalty ranging from probation to revocation and a fine of $5,000.00 to $8,000.00.

    3809The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.00.

    3826(43) Testing positive on a preemployment drug screen without lawful prescription for indicated drug.

    3840(Section 3841456.072(1)(aa), F.S.3843)

    3844The Board shall impose a $500 fine and refer the licensee to PRN for screening and possible treatment if medically necessary.

    3865The Board shall impose a $2,000.00 fine and refer the licensee to PRN for screening and possible treatment if medically necessary.

    3887(44) Performing health care services on the wrong patient, wrong site, wrong or unauthorized procedure.

    3902(Section 3903456.072(1)(bb), F.S.3905)

    3906The Board shall impose a penalty ranging from reprimand to suspension, require continuing medical education, and impose a fine of $1,000.00 to $5,000.00.

    3931The Board shall impose a penalty ranging from reprimand to suspension, require continuing medical education, and impose a fine of $5,000.00 to $10,000.00.

    3956(45) Leaving an undisclosed foreign object in patient.

    3964(Section 3965456.072(1)(cc), F.S.3967)

    3968The Board shall impose a penalty ranging from reprimand to probation and a fine of $1,000.00 to $5,000.00.

    3988The Board shall impose a penalty ranging from reprimand to probation, require continuing education, and a fine of $5,000.00 to $10,000.00.

    4011(46) Failure to complete the two hour course on medical errors.

    4022(Section 4023456.013(7), F.S.4025)

    4026The Board shall impose a fine of $500.00 to $1,000.00.

    4037The Board shall impose a fine of $1,000.00 to $5,000.00.

    4049(47) Using a Class III or Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to section 4076501.122(2), F.S., 4078governing the registration of such devices with the Department of Health.

    4089(Section 4090456.072(1)(d), F.S.4092)

    4093The Board shall impose a penalty ranging from reprimand to probation and a fine of $250.00 to $1,000.00.

    4112The Board shall impose a penalty ranging from reprimand up to probation, require continuing education in lasers and a fine of $1,000.00 to $5,000.00.

    4138(48) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    4154(Section 4155456.072(1)(r), F.S.4157)

    4158The Board shall impose a penalty ranging from suspension to revocation and a fine of $1,000.00 to $8,000.00.

    4178The Board shall impose a penalty ranging from suspension up to revocation and a fine of $10,000.00.

    4196(49) Failure to report sexual misconduct as required by section 4206456.063, F.S.

    4208The Board shall impose a penalty of reprimand and a fine of $500.00 to $1,000.00.

    4224The Board shall impose a penalty of probation up to suspension and a fine of $1,000.00 to $5,000.

    4244(50) Failure to submit or update required information.

    4252(Section 4253456.039(3)(b), F.S.4255)

    4256The Board shall impose a penalty ranging from a reprimand up to probation plus a fine from $500.00 to $2,500.00 pursuant to section 4280456.039(3)(b), F.S.

    4282The Board shall impose a penalty ranging from a reprimand up to probation plus a fine of $2,500.00 to $5,000.00 pursuant to section 4307456.039(3)(b), F.S.

    4309(51) Termination from impaired practitioner treatment program.

    4316(Section 4317456.072(1)(hh), F.S.4319)

    4320The Board shall impose a penalty of suspension until individual proves ability to practice with reasonable skill and safety.

    4339The Board shall impose a penalty of suspension until individual proves ability to practice with reasonable skill and safety to revocation.

    4360(52) Failure to comply with a lawful order of the Board.

    4371(Sections 4372456.072(1)(q) 4373and

    4374461.013(1)(n), F.S.4376)

    4377The Board shall impose a penalty of suspension until compliance and payment of fine from $500.00 to $1,000.00.

    4396The Board shall impose a penalty of suspension until compliance and payment of fine from $1,000.00 to $5,000.00.

    4416(53) Failure to provide the licensee’s current mailing address and/or place of practice pursuant to section 4432456.035(1), F.S.

    4434The Board shall impose a reprimand and payment of fine from $500.00 to $2,000.00.

    4449The Board shall impose a penalty of suspension until compliance and payment of a fine from $2,000.00 to $5,000.00.

    4470(54) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, to any of the acts set forth in section 4500456.072(1)(ii), F.S., 4502relating to the Medicaid program.

    4507The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00.

    4524The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00.

    4541(55) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

    4568(Section 4569456.072(1)(jj), F.S.4571)

    4572The Board shall impose a penalty ranging from a reprimand to suspension and a fine from $2,500.00 to $5,000.00.

    4593The Board shall impose a penalty ranging from a reprimand to suspension and a fine of $5,000.00 to $10,000.00.

    4614(56) Being terminated from the state Medicaid program pursuant to section 4625409.913, F.S., 4627any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored.

    4653(Section 4654456.072(1)(kk), F.S.4656)

    4657The Board shall impose a penalty ranging from a reprimand to revocation and a fine of $10,000.00 according to the nature of the offense and the substantiating evidence.

    4686The Board shall impose a penalty ranging from a reprimand to revocation and a fine of $10,000.00, according to the nature of the offense and the substantiating evidence.

    4715(57) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.

    4747(4748Section 4749456.04750724751(475214753)(4754ll4755), F.S.)

    4757The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000.00, per count.

    4776The Board shall impose a penalty ranging from suspension to revocation, require continuing education, and a fine of $10,000.00, per count.

    4798(58) Authorizing or directing a person, not certified pursuant to section 4809461.0135, F.S., 4811to operate X-ray equipment, in violation of section 4819461.013(2)(v) 4820or 4821456.072(1)(j), F.S.

    4823The Board shall impose a penalty of reprimand and a fine of $250.00.

    4836The Board shall impose a penalty of reprimand up to suspension and a fine of $500.00 to $2,000.00.

    4855(59) Section 4857456.072(1)(ee), F.S.4859: With respect to making a personal injury protection claim as required by section 4873627.736, F.S., 4875intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in section 4890627.732, F.S.

    4892The Board shall impose a penalty of reprimand to probation and an administrative fine of $1,000.00 to $2,500.00.

    4912The Board shall impose a penalty of reprimand up to revocation and an administrative fine of $2,500.00 to $10,000.00.

    4933(60) Section 4935456.072(1)(mm), F.S.4937: Failure to comply with controlled substance prescribing requirements for acute pain, pursuant to rule 64B18-23.002, F.A.C., and section 4956456.44, F.S.

    4958The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $500.00.

    4977The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $1,000.00 to $2,000.00.

    5000(61) F5002ailure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to prescribing or dispensing a controlled substance in violation of section 5028456.072(1)(gg), F.S., 5030through a violation of section 5035893.055(8), F.S

    5037The Board shall impose a penalty ranging from a reprimand to suspension, require continuing medical education, a fine of $250.00.

    5057The Board shall impose a penalty ranging from a reprimand to suspension, require continuing medical education, a fine of $1,000.00 to $2,000.00.

    5081(62) Section 5083456.072(1)(nn), F.S.5085: Violating any of the provisions of section 5093790.338, 5094F.S.

    5095The Board shall impose a penalty of reprimand and a fine of $25.000.

    5108The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $1,000.00.

    5128(63) Section 5130456.072(1)(oo), F.S5132: 5133Willfully failing to comply with section 5139627.64194 5140or 5141641.513, 5142F.S., with such frequency as to indicate a general business practice.

    5153The Board shall impose a penalty of reprimand and/or a fine of $2505166.005167.

    5168The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $2,0005188.005189.

    5190Rulemaking Authority 5192456.072, 5193456.079, 5194461.005, 5195461.013 FS. 5197Law Implemented 5199456.033, 5200456.063, 5201456.072, 5202456.079, 5203461.012, 5204461.013 FS. 5206History–New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, 11-27-16, 4-19-17, 1-2-19.

     

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