64B27-2.001. Disciplinary Guidelines

(1) The Department shall impose disciplinary penalties upon a determination that the holder of a registration certificate has violated any provision of Chapter 466 or 456, F.S., or any rules promulgated by the Department or the Board of Dentistry.

(2) Violations and Range of Penalties. In imposing discipline, the Department shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the severity and repetition of the violations as set forth below. The final order shall explain any mitigating or aggravating circumstances used to justify any deviation from the specified guidelines. 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. Any and all offenses listed are sufficient grounds for initial refusal of registration to an applicant.

In addition to the penalty imposed, the Department shall recover the costs of the investigation and prosecution of the case. In addition to any other penalty imposed, if the violation includes proof of fraud or fraudulent misrepresentation, the Department shall impose a penalty of $10,000.00 per count or offense.

(a) Attempting to renew or renewing by bribery, false representation or error (Sections 466.028(1)(a), 456.072(1)(h), F.S.). For an error, the first offense is a minimum fine of $200.00 to a maximum fine of $750.00. For a second offense the minimum fine is $500.00 and the maximum fine is $2,000.00. For bribery or false representation the penalty is revocation.

(b) Having a registration or license to operate a dental laboratory denied or acted against in another jurisdiction (Sections 466.028(1)(b), 456.072(1)(f), F.S.). First offense – From a minimum fine of $300.00 to a maximum fine of $2,000.00 and/or suspension of the license for up to five years. For a second or subsequent offense – From a minimum fine of $1,000.00 to a maximum fine of $10,000.00 and revocation.

(c) Any advertising or misleading advertising to dentists or using another’s name (Section 466.028(1)(d) or (e), 466.035, F.S.). First offense – From a minimum fine of $500.00 to a maximum fine of $3,000.00 and/or one year of probation. For a second or subsequent offense – From a minimum fine of $750.00 to a maximum fine of $5,000.00 and/or suspension of the license for two years.

(d) Assisting unlicensed practice (Sections 486.028(1)(g), 456.072(1)(j), F.S.). First offense – From a minimum fine of $1,000.00 to a maximum fine of $5,000.00 and/or suspension for up to five years. For a second or subsequent offense – revocation and a fine of up to $5,000.00.

(e) Failing to perform any statutory or legal obligation (Sections 466.028(1)(i), 456.072(1)(k), F.S.). First offense – From a minimum fine of $300.00 to a maximum fine of $1,000.00 and/or probation for up to five years. For a second or subsequent offense – From a minimum fine of $750.00 and probation for six months to a maximum fine of $5,000.00 and/or revocation.

(f) Filing a false report (Sections 466.028(1)(j), 456.072(1)(l), F.S.). First offense – From a minimum fine of $500.00 to a maximum fine of $2,000.00 and or suspension for up to five years. For a second or subsequent offense – revocation.

(g) Making deceptive, untrue, or fraudulent representations (Sections 466.028(1)(l), 456.072(1)(m), F.S.). First offense – From a minimum fine of $1,000.00 and/or probation for two years to a maximum fine of $10,000.00 and/or revocation. For a second offense, from a minimum fine of $2,000.00 and/or probation for three years to a maximum fine of $10,000.00 and revocation. For a third or subsequent offense, revocation.

(h) Failing to keep dental records, specifically work orders for two years (Section 466.028(1)(m), F.S.). First offense – From a minimum fine of $1,000.00 and/or probation for three years to a maximum fine of $6,000.00 and/or suspension for up to three years. For a second or subsequent offense, from a minimum fine of $2,000.00 to revocation.

(i) Fraud, deceit or misconduct (Section 466.028(1)(t), F.S.). First offense – From a minimum fine of $500.00 and suspension for three months to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent offense, a fine of $10,000.00 and/or revocation.

(j) Failure to maintain sanitary conditions (Section 466.028(1)(u), F.S.). First offense – From a minimum fine of $350.00 to a maximum fine of $1,500.00 and/or suspension for one year. For a second or subsequent offense, from a fine of $750.00 to $5,000.00 and/or suspension for up to five years.

(k) Practicing beyond the scope permitted by law (Sections 466.028(1)(y), 456.072(1)(o), F.S.). First offense – From a minimum fine of $500.00 to a maximum fine of $5,000.00 and/or suspension for six months followed by one year of probation. For a second or subsequent offense, from a minimum fine of $1,000.00 to a maximum fine of $10,000.00 and/or revocation.

(l) Delegating professional responsibility to unqualified person (Section 466.028(1)(z), F.S.). First offense – From a minimum fine of $750.00 to a maximum fine of $5,000.00 and suspension for six months. For a second or subsequent offense, from a minimum fine of $2,500.00 to a maximum fine of $7,500.00 and/or revocation.

(m) Violation of an order or failure to comply with subpoena (Sections 466.028(1)(aa), 456.072(1)(q), F.S.). First offense – From a minimum fine of $500.00 to a maximum fine of $2,500.00 and/or suspension for three months. For a second or subsequent offense, from a minimum fine of $1,500.00 to revocation.

(n) Operating below the minimum standards of performance (Section 466.028(1)(ff), F.S.). First offense – From a minimum fine of $500.00 to a maximum fine of $1,500.00 and up to three years of probation. For a second or subsequent offense, from a fine of $1,500.00 to revocation.

(o) Failure to report action taken in another jurisdiction (Section 466.028(1)(ii), F.S.). First offense – From a minimum fine of $250.00 to suspension for three years. For a second or subsequent offense, a minimum fine of up to $1,000.00 and/or suspension for three years up to a maximum of revocation.

(p) Violating any pertinent statute or rule (Sections 466.028(1)(ll), 456.072(1)(dd), F.S.). First offense – From a minimum fine of $200.00 and/or three months probation to a maximum fine of $3,000.00 and suspension for up to three years followed by up to two years of probation. For a second or subsequent offense, from a minimum fine of $1,000.00 and three months suspension to a fine of $10,000.00 and/or revocation.

(q) Interfering with an investigation or inspection (Section 456.072(1)(r), F.S.). First offense – From a fine of $1,000.00 and one year of probation to revocation. For a second or subsequent offense a fine of $5,000.00 and/or revocation.

(r) Being convicted of or entering a plea to any misdemeanor or felony under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to Medicaid (Section 456.072(1)(ii), F.S.) misdemeanor: First Offense – From a minimum of one year of suspension followed by two years of probation and a fine of $1,000.00 to revocation and a fine of $10,000.00; felony: Revocation and a fine of $10,000.00.

(s) Failing to remit the sum owed for an overpayment from the Medicaid program or from a final order, judgment, stipulation, or settlement (Section 456.072(1)(jj), F.S.) First offense – from a minimum fine of $300.00 to a fine of $1,000.00 and from a reprimand to two years of probation. For a second or subsequent offense – from a minimum fine of $1,000.00 and six months probation to revocation and a fine of $10,000.00.

(t) Being terminated from a state Medicaid program or from the federal Medicare program unless participation eligibility restored (Section 456.072(1)(kk), F.S.) First offense – from a minimum fine of $500.00 and a reprimand to a maximum fine of $5,000.00 and revocation. For a second or subsequent offense – from a minimum fine of $2,000.00 and two years probation to revocation and a fine of $10,000.00.

(u) Being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud (Section 456.072(1)(ll), F.S.) First offense misdemeanor – a fine of $10,000.00 and two years of probation to a fine of $10,000.00 and revocation; felony – a fine of $10,000.00 and revocation.

(3) The range of disciplinary penalties which the Department is authorized to impose includes those set forth in Sections 466.037 and 456.072, F.S. In determining the appropriate disciplinary action to be imposed in each case, the Board shall take into consideration the following mitigating and aggravating factors:

(a) The danger to the public;

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

(c) The number of previous disciplinary cases filed against the certificate holder or registrant;

(d) The length of time the laboratory has been in business;

(e) The actual damage to the dentist or the patient;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the certificate holder’s or registrant’s livelihood;

(h) Improvement or correction efforts;

(i) Any other mitigating or aggravating circumstances.

(4) Stipulation or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Department to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(5) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Department to pursue collateral civil or criminal actions when appropriate.

Rulemaking Authority 466.038 FS. Law Implemented 456.072, 456.079, 466.028, 466.037 FS. History–New 3-28-05, Amended 10-28-10, 11-2-15.