64B33-5.001. Disciplinary Guidelines  


Effective on Monday, February 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 468, Part XIII, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which 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.

    161(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 179120.57(1) 180and 181120.57(2), F.S., 183the 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.

    235(3) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has committed any of the acts set forth in Section 263468.719, F.S., 265it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    283VIOLATIONS

    284RECOMMENDED PENALTIES

     

    286First Offense

    288Second Offense

    290Third Offense

    292(a) Committing incompetency or misconduct in the practice of athletic training.

    303(Section 304468.719(1)(a), F.S.306)

    307From reprimand to probation, a $500 to $750 fine, or refusal to certify a licensure application.

    323From probation to suspension, and a $750 to $1,000 fine, or refusal to certify a licensure application.

    341From suspension to revocation, and a $1,000 to $1,500 fine, or refusal to certify a licensure application.

    360(b) Committing fraud or deceit in the practice of athletic training.

    371(Section 372468.719(1)(b), F.S.374)

    375From reprimand to probation, and if fraud is proven, an administrative fine of $10,000, or refusal to certify a licensure application.

    397From probation to suspension, and if fraud is proven, an administrative fine of $10,000, or refusal to certify a licensure application.

    419From suspension to revocation, and if fraud is proven, a $10,000 fine, or refusal to certify a licensure application.

    439(c) Committing negligence, gross negligence, or repeated negligence in the practice of athletic training.

    453(Section 454468.719(1)(c), F.S.456)

    457From reprimand to suspension, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.

    476From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    495From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    514(d) Being unable to practice athletic training with reasonable skill and safety by reason of illness or use of alcohol or drugs or as a result of any mental or physical condition.

    546(Section 547468.719(1)(d), F.S.549)

    550(Section 551456.072(1)(z), F.S.553)

    554From reprimand to suspension, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.

    573From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    592From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    611(4) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, F.S., has violated Section 632456.072, F.S., 634by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

    659VIOLATIONS

    660RECOMMENDED PENALTIES

     

    662First Offense

    664Second Offense

    666Third Offense

    668(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of athletic training.

    684(Section 685456.072(1)(a), F.S.687)

    688From reprimand to suspension, and if fraudulent representations are proven, a $10,000 fine or refusal to certify a licensure application.

    709From probation to revocation, and if fraudulent representations are proven, a $10,000 fine, or refusal to certify a licensure application.

    730From suspension to revocation, and if fraudulent representations are proven, a $10,000 fine, or refusal to certify a licensure application.

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

    774(Section 775456.072(1)(g), F.S.777)

    778From reprimand to suspension, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.

    797From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    816From suspension to revocation, and a $5,000 to $10,000, or refusal to certify a licensure application.

    834(c) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice athletic training contrary to Chapters 468, Part XIII and 456, F.S., or the rules of the department or the board.

    868(Section 869456.072(1)(j), F.S.871)

    872From reprimand to suspension, and a $500 to $1,000 fine, or refusal to certify a licensure application.

    890From probation to revocation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    909From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    928(d) Failure to perform any statutory or legal obligation placed upon a licensee.

    941(Section 942456.072(1)(k), F.S.944)

    945From letter of concern to probation, and a $500 to $1,000 fine, or refusal to certify a licensure application.

    965From reprimand to suspension, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    984From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    1003(e) 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.

    1034(Section 1035456.072(1)(m), F.S.1037)

    1038From reprimand to suspension, and if fraudulent representation(s) proven, a $10,000, fine or refusal to certify a licensure application.

    1058From probation to suspension, without the ability to reapply, and if fraudulent representation(s) proven, a $10,000, fine or refusal to certify a licensure application.

    1083From suspension to revocation, without the ability to reapply, and if fraudulent representation(s) proven, a $10,000 fine, or refusal to certify a licensure application.

    1108(f) 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.

    1141(Section 1142456.072(1)(o), F.S.1144)

    1145From reprimand to suspension, and a $250 to $1,000 fine, or refusal to certify a licensure application.

    1163From probation to revocation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    1182From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    1201(g) 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.

    1246(Section 1247456.072(1)(p), F.S.1249)

    1250From reprimand to suspension, and a $500 to $2,500 fine, or refusal to certify a licensure application.

    1268From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    1287From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    1306(h) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    1322(Section 1323456.072(1)(r), F.S.1325)

    1326From letter of concern to probation, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.

    1347From reprimand to suspension, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    1366From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    1385(i) Engaging or attempting to engage a patient or client in verbal or physical sexual activity.

    1401(Section 1402456.072(1)(v), F.S.1404)

    1405From reprimand to revocation, and a $1,000 to $4,000 fine, or refusal to certify a licensure application.

    1424From probation to revocation, and a $4,000 to $7,000 fine, or refusal to certify a licensure application.

    1443From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    1462(j) 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.

    1508(Section 1509456.072(1)(x), F.S.1511)

    1512From reprimand to probation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    1531From probation to suspension, and a $5,000 to $7,000 fine, or refusal to certify a licensure application.

    1550From suspension to revocation, and a $7,000 to $10,000, or refusal to certify a licensure application.

    1568(k) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 159018 USC s. 669, 1594ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s.1343, s. 1347, s. 1349, or s. 1518, or 161342 USC ss. 1320a-7b, 1617relating to the Medicaid program.

    1622(Section 1623456.072(1)(ii), F.S.1625)

    1626From reprimand to suspension up to five years and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    1649From reprimand to suspension up to five years and a $5,000 fine, or refusal to certify a licensure application.

    1669Revocation.

    1670(l) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

    1694(Section 1695456.072(1)(jj), F.S.1697)

    1698From reprimand to suspension up to five years and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    1721From reprimand to suspension up to five years and a $10,000 fine, or refusal to certify a licensure application.

    1741Revocation.

    1742(m) Being terminated for cause from the State Medicaid program or any other state Medicaid program, or the federal Medicare program.

    1763(Section 1764456.072(1)(kk), F.S.1766)

    1767Revocation unless the applicant or licensee has been in good standing for the most recent five years or if the action was taken by another state or the federal program, the termination occurred at least 20 years prior to the application date.

     

     

    1809(n) 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.

    1837(Section 1838456.072(1)(ll), F.S.1840)

    1841From reprimand to suspension up to five years and a $10,000 fine, or refusal to certify a licensure application.

    1861Five year suspension and a $10,000 fine, or refusal to certify a licensure application.

    1876Revocation.

    1877(o) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice licensee’s profession.

    1915(Section 1916456.072(1)(c), F.S.1918)

    1919From reprimand to suspension up to five years and a $2,000 fine or refusal to certify a licensure application.

    1939From five year suspension to revocation and a $5,000 fine, or refusal to certify a licensure application.

    1957Revocation.

    1958(p) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including denial of licensure by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law.

    1998(Section 1999456.072(1)(f), F.S.2001)

    2002From reprimand to suspension up to three years and a $1,000 to $3,000 fine, or refusal to certify a licensure application.

    2025From five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2044From five year suspension to revocation and a $7,000 to $10,000 fine, or refusal to certify a licensure application.

    2065(q) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through error of the department or the board. (Section 2093456.072(1)(h), F.S.2095)

    2096From reprimand to revocation and a $1,000 to $5,000 fine, or refusal to certify a licensure application.

    2115If fraudulent: reprimand to revocation and $10,000 fine or refusal to certify a licensure application.

    2131From reprimand to

    2134revocation and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2150If fraudulent: revocation and $10,000 fine or refusal to certify a licensure application.

    2164Revocation and a $10,000 fine, or refusal to certify a license application.

    2177If fraudulent: revocation and $10,000 fine or refusal to certify a licensure application.

    2191(r) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or board.

    2224(Section 2225456.072(1)(i), F.S.2227)

    2228From reprimand to suspension up to two years and a $500 to $3,000 fine, or refusal to certify a licensure application.

    2250From up to five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2271From five year suspension to revocation and a $7,000 to $10,000 fine, or refusal to certify a licensure application.

    2292(s) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so.

    2331(Section 2332456.072(1)(l), F.S.2334)

    2335From reprimand to suspension up to three years and a $3,000 to $10,000 fine, or refusal to certify a licensure application.

    2358From suspension up to five years and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2379From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.

    2395(t) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. (Section 2417456.072(1)(n), F.S.2419)

    2420From reprimand to three year suspension and a $3,000 to $10,000 fine, or refusal to certify a licensure application.

    2441From suspension up to five years and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2462From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.

    2478(u) Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the Department.

    2501(Section 2502456.072(1)(q), F.S.2504)

    2505Suspension until compliance and a $1,000 to $5,000 fine.

    2516Suspension until compliance and a $3,000 to $10,000 fine.

    2527Suspension until compliance and a $5,000 to $10,000 fine.

    2538(v) Failing to identify through written notice, or orally to a patient the type of licensure under which the practitioner is practicing.

    2560(Section 2561456.072(1)(t), F.S.2563)

    2564From letter of concern to reprimand and a $250 to $500 fine.

    2576Reprimand and a $1,000 to $3,000 fine.

    2585From reprimand to 6 month suspension and a $3,000 to $5,000 fine.

    2599(w) Testing positive for any drug, as defined in Section 2609112.0455, F.S., 2611on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate the drug.

    2632(Section 2633456.072(1)(aa), F.S.2635)

    2636Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a licensure application.

    2661Suspension until deemed able to practice with reasonable skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    2687From suspension until deemed able to practice with reasonable skill and safety and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2714(x) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto.

    2731(Section 2732468.719(1)(e), F.S.2734)

    2735(Section 2736456.072(1)(dd), F.S.2738)

    2739From reprimand up to three year suspension and a $3,000 to $5,000 fine, or refusal to certify a licensure application.

    2761From reprimand up to five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2783From suspension up to five years to revocation and a $10,000 fine, or refusal to certify a licensure application.

    2803(y) Being terminated from a treatment program for impaired practitioners for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

    2846(Section 2847456.072(1)(hh), F.S.2849)

    2850Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a licensure application.

    2875Suspension until deemed able to practice with skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.

    2900From suspension until deemed able to practice with reasonable to practice with skill and safety to revocation and a $5,000 to $10,000 fine, or refusal to certify a licensure application.

    2932Rulemaking Authority 2934456.079, 2935468.705, 2936468.719 FS. 2938Law Implemented 2940456.072, 2941456.079, 2942468.719 FS. 2944History–New 10-22-02, Amended 1-16-07, 6-30-10, 12-19-12, 1-6-16, 10-4-16, 2-26-18.

     

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