64B5-13.005. Disciplinary Guidelines  


Effective on Wednesday, November 14, 2018
  • 1(1) When the Board finds an applicant, licensee, or certificate holder whom it regulates under chapter 466, F.S., has committed any of the acts set forth in section 29456.072(1) 30or 31466.028, F.S., 33it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated:

    147VIOLATION

    148PENALTY RANGE

     

    150MINIMUM

    151MAXIMUM

    152(a) Attempting to obtain, obtaining or renewing a license by bribery, fraudulent misrepresentations or error of the Board.

    170(Sections 171466.028(1)(a), 172456.072(1)(h), F.S.174)

     

     

    175First Offense

    177Denial $500 fine and referral to State Attorney’s office if not licensed.

    189Denial/revocation $10,000 fine and referral to State Attorney’s office if not licensed.

    202Second Offense

    204Probation with conditions $500 fine.

    209Revocation $10,000 fine permanent denial and revocation.

    217(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

    248(Sections 249466.028(1)(b), 250456.072(1)(f), F.S.252)

     

     

    253First Offense

    255$1,000 fine.

    258Suspension/denial until the license is unencumbered and active in the jurisdiction in which the disciplinary action was originally taken, or up to five years followed by probation and $10,000 fine or revocation.

    291Second Offense

    293Imposition of discipline which would have been imposed if the substantive violation occurred in Florida. Probation and $1,000 fine.

    313Suspension until the license is unencumbered in the jurisdiction in which disciplinary action was taken and $10,000 fine.

    332Third Offense

    334One year suspension followed by probation and $5,000 fine.

    344Revocation and permanent denial and $10,000 fine.

    352(c) Guilty of a crime directly relating to practice or ability to practice.

    365(Sections 366466.028(1)(c), 367456.072(1)(c), F.S.369)

     

     

    370First Offense

    372$1,000 fine.

    375Denial or 2 years suspension, 2 years probation with conditions and $10,000 fine, or revocation.

    391Second Offense

    393One year suspension followed by probation and $1,000 fine.

    403Denial or revocation and $10,000 fine, with conditions.

    412Third Offense

    414Revocation and $2,500 fine.

    419Revocation and $10,000 fine.

    424(d) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form.

    441(Section 442466.028(1)(d), F.S.444)

     

     

    445First Offense

    447$500 fine.

    4491 year probation with conditions and $10,000 fine.

    458Second Offense

    4601 year probation with conditions and $3,000 fine.

    4691 year suspension 2 years probation with conditions and $10,000 fine.

    481Third Offense

    4832 years probation with conditions and $5,000 fine.

    492Revocation and $10,000 fine.

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

    511(Section 512466.028(1)(e), F.S.514)

     

     

    515First Offense

    517$1,000 fine.

    5201 year suspension and $10,000 fine.

    527Second Offense

    529Probation with conditions and $3,000 fine.

    536Denial or revocation and $10,000 fine.

    543Third Offense

    545Probation with conditions and $5,000 fine.

    552Revocation and $10,000 fine.

    557(f) Failing to report any person in violation of this chapter or of the rules of the department or the board.

    578(Sections 579466.028(1)(f), 580456.072(1)(i), F.S.582)

     

     

    583First Offense

    585$500 fine.

    5871 year probation with conditions and $1,000 fine.

    596Second Offense

    5981 year probation with conditions and $1,000 fine.

    6076 months suspension, 1 year probation with conditions and $3,000 fine.

    619Third Offense

    6211 year probation with conditions and $3,000 fine.

    6301 year suspension, 1 year probation with conditions and $5,000 fine.

    642(g) Aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene.

    657(Sections 658466.028(1)(g), 659456.072(1)(j), F.S.661)

     

     

    662First Offense

    664$1,000 fine.

    6676 months suspension, 1 year probation with conditions and $10,000 fine.

    679Second Offense

    6811 year suspension, 2 years probation with conditions and $5,000 fine.

    6932 years suspension, 2 years probation with conditions and $10,000 fine.

    705Third Offense

    7072 years suspension followed by 2 years probation with conditions and $10,000 fine.

    721Denial/revocation and $10,000 fine.

    726(h) Being employed by any corporation, organization, group, or person other than a dentist or a professional corporation or limited liability company composed of dentists to practice dentistry.

    754(Section 755466.028(1)(h), F.S.757)

     

     

    758First Offense

    760$1,000 fine.

    7632 years probation with conditions and up to suspension, and $10,000 fine.

    776Second Offense

    7781 year probation with conditions, reprimand and $3,000 fine.

    788Suspension, 1 year probation with conditions and $10,000 fine.

    798Third Offense

    8001 year suspension, reprimand and $5,000 fine.

    808Revocation and $10,000 fine.

    813(i) Failing to perform any statutory or legal obligation placed upon a licensee.

    826(Sections 827466.028(1)(i), 828456.072(1)(k), F.S.830)

     

     

    831First Offense

    833$500 fine.

    8352 years probation with conditions and $10,000 fine.

    844Second Offense

    8461 year probation with conditions and $1,000 fine.

    8552 years probation with conditions and $10,000 fine.

    864Third Offense

    8662 years probation with conditions and $2,000 fine.

    8751 year suspension and $10,000 fine.

    882(j) Making or filing a false report, failing to file a report or record required by state or federal law, knowingly impeding or obstructing such filing.

    908(Sections 909466.028(1)(j), 910456.072(1)(l), F.S.912)

     

     

    913First Offense

    915$1,000 fine.

    9181 year probation with conditions and up to suspension, and $10,000 fine.

    931Second Offense

    9331 year probation with conditions and $2,500 fine.

    942Suspension, probation with conditions and $10,000 fine.

    950Third Offense

    9522 years probation with conditions and $5,000 fine.

    961Denial/revocation and $10,000 fine.

    966(k) Sexual battery, as defined in chapter 794, F.S., upon a patient.

    978(Section 979466.028(1)(k), F.S.981)

     

     

    982First Offense

    9846 months suspension followed by probation and $2,500 fine.

    994Denial or revocation and $10,000 fine.

    1001Second or Subsequent Offense

    10055 years suspension followed by probation with conditions and $5,000 fine.

    1017Denial/revocation and  $10,000 fine.

    1022(l) Making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry.

    1037(Sections 1038466.028(1)(l), 1039456.072(1)(a), F.S.1041)

     

     

    1042First Offense

    1044$1,000 fine.

    10476 months probation with conditions and $10,000 fine.

    1056Second Offense

    10581 year probation with conditions and $1,000 fine.

    10676 months suspension and $10,000 fine.

    1074Third Offense

    10762 years probation with conditions and $2,500 fine.

    1085Revocation and $10,000 fine.

    1090(m) Failing to keep written records and history justifying the course of treatment of the patient.

    1106(Section 1107466.028(1)(m), F.S.1109)

     

     

    1110First Offense

    1112$500 fine.

    1114Probation with conditions and $7,500 fine.

    1121Second Offense

    1123Probation with conditions and $1,000 fine.

    1130Suspension and $10,000 fine.

    1135Third Offense

    1137Probation with conditions and $2,500 fine.

    1144Revocation and $10,000 fine.

    1149(n) Failing to make available to a patient or client, copies of documents which relate to the patient or client.

    1169(Section 1170466.028(1)(n), F.S.1172)

     

     

    1173First Offense

    1175$500 fine.

    1177Probation with conditions and $7,500 fine.

    1184Second Offense

    1186$1,000 fine.

    1189Probation with conditions and $10,000 fine.

    1196Third Offense

    1198$2,500 fine.

    1201Revocation and $10,000 fine.

    1206(o) Performing professional services which have not been authorized by the patient or client.

    1220(Section 1221466.028(1)(o), F.S.1223)

     

     

    1224First Offense

    1226$1,000 fine.

    1229Probation with conditions and $8,000 fine.

    1236Second Offense

    1238Probation with conditions and $2,500 fine.

    1245Suspension and $10,000 fine.

    1250Third Offense

    1252Probation with conditions and $5,000 fine.

    1259Revocation and $10,000 fine.

    1264(p) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug or controlled substance, other than in the course of the professional practice of the dentist.

    1291(Section 1292466.028(1)(p), F.S.1294)

     

     

    1295First Offense

    1297$500 fine.

    1299Probation with conditions, $10,000 fine and up to suspension.

    1309Second Offense

    1311Probation with conditions and $2,500 fine.

    1318Suspension and $10,000 fine.

    1323Third Offense

    1325Suspension followed by probation and $5,000 fine.

    1333Revocation and $10,000 fine.

    1338(q) Prescribing any medicinal drug scheduled in chapter 893, F.S., to herself or himself.

    1352(Section 1353466.028(1)(q), F.S.1355)

     

     

    1356First Offense

    1358$500 fine.

    1360Suspension followed by probation with conditions and $10,000 fine.

    1370Second Offense

    1372Probation with conditions and $2,500 fine.

    1379Suspension and $10,000 fine.

    1384Third Offense

    1386Suspension followed by probation and $5,000 fine.

    1394Revocation and $10,000 fine.

    1399(r) Prescribing any drug which is a Schedule II amphetamine or a Schedule II sympathomimetic amine drug, pursuant to chapter 893, F.S.

    1421(Section 1422466.028(1)(r), F.S.1424)

     

     

    1425First Offense

    1427$1,000 fine.

    1430Probation with conditions and $10,000 fine.

    1437Second Offense

    1439Probation with conditions and $2,500 fine.

    1446Suspension followed by probation and $10,000 fine.

    1454Third Offense

    1456Probation with conditions and $5,000 fine.

    1463Revocation and $10,000 fine.

    1468(s) Being unable to practice her or his profession with reasonable skill and safety to patients 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.

    1511(Sections 1512466.028(1)(s), 1513456.072(1)(z), F.S.1515)

     

     

    1516First Offense

    1518Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.

     

    1547Second Offense

    1549Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.

    1578Suspension followed by probation and $10,000 fine.

    1586Third Offense

    1588Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $10,000 fine.

    1617Revocation and $10,000 fine.

    1622(t) Fraud, deceit, or misconduct in the practice of dentistry or dental hygiene.

    1635(Section 1636466.028(1)(t), F.S.1638)

     

     

    1639First Offense

    1641$2,500 fine.

    1644Probation with conditions and $8,000 fine.

    1651Second Offense

    1653Probation with conditions and $8,000 fine.

    1660Suspension followed by probation and $10,000 fine.

    1668Third Offense

    1670Probation with conditions and $10,000 fine.

    1677Revocation and $10,000 fine.

    1682(u) Failure to provide and maintain reasonable sanitary facilities and conditions.

    1693(Section 1694466.028(1)(u), F.S.1696)

     

     

    1697First Offense

    1699$500 fine.

    1701Probation with conditions and $8,000 fine.

    1708Second Offense

    1710Probation with conditions and $3,000 fine.

    1717Suspension, probation with conditions and $10,000 fine.

    1725Third Offense

    1727Probation with conditions and $8,000 fine.

    1734Revocation and $10,000 fine.

    1739(v) Failure to provide adequate radiation safeguards.

    1746(Section 1747466.028(1)(v), F.S.1749)

     

     

    1750First Offense

    1752$500 fine.

    1754Probation with conditions and $8,000 fine.

    1761Second Offense

    1763Probation with conditions and $3,000 fine.

    1770Suspension followed by probation and $10,000 fine.

    1778Third Offense

    1780Probation with conditions and $8,000 fine.

    1787Revocation and $10,000 fine.

    1792(w) Performing any procedure which would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

    1811(Section 1812466.028(1)(w), F.S.1814)

     

     

    1815First Offense

    1817$1,000 fine.

    1820Probation with conditions and $3,000 fine.

    1827Second Offense

    1829Probation with conditions and $3,500 fine.

    1836Suspension followed by probation and $10,000 fine.

    1844Third Offense

    1846Suspension followed by probation and $5,000 fine.

    1854Revocation and $10,000 fine.

    1859(x) Being guilty of incompetence or negligence, including, but not limited to, being guilty of dental malpractice.

    1876(Section 1877466.028(1)(x), F.S.1879)

     

     

    1880First Offense

    1882$500 fine.

    1884Probation with conditions and $10,000 fine.

    1891Second Offense

    1893Probation with conditions and $1,000 fine.

    1900Suspension and $10,000 fine.

    1905Third Offense

    1907$2,500 fine.

    1910Revocation and $10,000 fine.

    1915(y) Practicing beyond the scope that she or he is competent to perform.

    1928(Sections 1929466.028(1)(y), 1930456.072(1)(o), F.S.1932)

     

     

    1933First Offense

    1935$500 fine.

    1937Probation with conditions and $10,000 fine.

    1944Second Offense

    1946Probation with conditions and $1,000 fine.

    1953Suspension and $10,000 fine.

    1958Third Offense

    1960$2,500 fine.

    1963Revocation and $10,000 fine.

    1968(z) Delegating or contracting for professional responsibilities to a person who is not qualified to perform them.

    1985(Sections 1986466.028(1)(z), 1987456.072(1)(p), F.S.1989)

     

     

    1990First Offense

    1992$2,500 fine.

    1995Probation with conditions, $10,000 fine and suspension.

    2003Second Offense

    2005Probation with conditions and $5,000 fine.

    2012Suspension followed by probation and $10,000 fine.

    2020Third Offense

    2022Probation with conditions and $7,500 fine.

    2029Revocation and $10,000 fine.

    2034Any violation of section 2038466.028(1)(z), F.S., 2040will result in a minimum licensure suspension of six months, in addition to any other penalty authorized for this violation, except where revocation is imposed.

    2065(aa) The violation of a lawful order of the board, or failure to comply with subpoena of the board or department.

    2086(Sections 2087466.028(1)(aa), 2088456.072(1)(q), F.S.2090)

     

     

    2091First Offense

    2093$5,000 fine.

    2096Suspension until compliant with order or subpoena, probation with conditions and $10,000 fine.

    2110Second Offense

    2112$10,000 fine.

    2115Suspension until compliant with order or subpoena followed by probation with conditions and $10,000 fine.

    2131Third Offense

    2133Revocation and $10,000 fine.

    2138Revocation and $10,000 fine.

    2143(bb) Conspiring with another licensee or with any person to commit an act, which would tend to coerce, intimidate, or preclude another licensee from advertising services.

    2169(Section 2170466.028(1)(bb), F.S.2172)

     

     

    2173First Offense

    2175$1,000 fine.

    2178$10,000 fine.

    2181Second Offense

    2183Probation with conditions and $2,500 fine.

    2190Probation with conditions and $10,000 fine.

    2197Third Offense

    2199Probation with conditions and $5,000 fine.

    2206Suspension and $10,000 fine.

    2211(cc) Being adjudged mentally incompetent in this or any other state, the discipline for which shall last only so long as the adjudication.

    2234(Section 2235466.028(1)(cc), F.S.2237)

     

     

    2238First and any subsequent offense.

    2243Suspension until adjudged competent by same court.

    2250Suspension until adjudged competent by same court.

    2257(dd) Presigning blank prescription or laboratory work order forms.

    2266(Section 2267466.028(1)(dd), F.S.2269)

     

     

    2270First Offense

    2272$500 fine.

    2274Probation with conditions and $500 fine.

    2280Second Offense

    2282$1,000 fine.

    2285Probation with conditions and $7,500 fine.

    2292Third Offense

    2294Probation with conditions and $2,500 fine.

    2301Suspension and $10,000 fine.

    2306(ee) Prescribing growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance.

    2332(Section 2333466.028(1)(ee), F.S.2335)

     

     

    2336First Offense

    2338$1,000 fine.

    2341Probation with conditions and $10,000 fine.

    2348Second Offense

    2350Probation with conditions and $2,500 fine.

    2357Probation with conditions and $10,000 fine.

    2364Third Offense

    2366$5,000 fine.

    2369Suspension and $10,000 fine.

    2374(ff) Operating a dental office such as to result in dental treatment that is below minimum acceptable standards of performance for the community.

    2397(Section 2398466.028(1)(ff), F.S.2400)

     

     

    2401First Offense

    2403$500 fine.

    2405Probation with conditions and $10,000 fine.

    2412Second Offense

    2414Probation with conditions and $2,500 fine.

    2421Suspension and $10,000 fine.

    2426Third Offense

    2428Probation with conditions and $4,000 fine.

    2435Revocation and $10,000 fine.

    2440(gg) Administering anesthesia in a manner which violates rules of the board.

    2452(Section 2453466.028(1)(gg), F.S.2455)

     

     

    2456First Offense

    2458$1,000 fine.

    2461Probation with conditions and $10,000 fine.

    2468Second Offense

    2470Probation with conditions and $2,500 fine.

    2477Suspension and $10,000 fine.

    2482Third Offense

    2484Probation with conditions and $4,000 fine.

    2491Revocation and $10,000 fine.

    2496(hh) Failing to report any licensee under chapter 458 or 459, F.S., who the dentist knows has violated the grounds for disciplinary action.

    2519(Section 2520466.028(1)(hh), F.S.2522)

     

     

    2523First Offense

    2525$1,000 fine.

    2528Probation with conditions and $10,000 fine.

    2535Second Offense

    2537$2,500 fine.

    2540$10,000 fine.

    2543Third Offense

    2545$3,500 fine.

    2548$10,000 fine.

    2551(ii) Failing to report to the board, within 30 days action has been taken against one’s license to practice dentistry in another state, territory, or country.

    2577(Section 2578466.028(1)(ii), F.S.2580)

     

     

    2581First Offense

    2583$1,000 fine.

    2586Denial, revocation and $8,000 fine.

    2592Second Offense

    2594Probation and $1,500 fine.

    2599Denial, revocation and $10,000 fine.

    2605Third Offense

    2607Suspension followed by probation and $3,000 fine.

    2615Denial, revocation and $10,000 fine.

    2621(jj) Advertising specialty services in violation of this chapter.

    2630(Section 2631466.028(1)(jj), F.S.2633)

     

     

    2634First Offense

    2636$1,000 fine.

    2639$7,500 fine.

    2642Second Offense

    2644$2,500 fine.

    2647Probation with conditions and $10,000 fine.

    2654Third Offense

    2656Probation with conditions and $5,000 fine.

    2663Suspension followed by probation and $10,000 fine.

    2671(kk) Allowing any person to interfere with a dentist’s clinical judgment.

    2682(Section 2683466.028(1)(kk), F.S.2685)

     

     

    2686First Offense

    2688$1,000 fine.

    2691$5,000 fine.

    2694Second Offense

    2696Probation with conditions and $2,500 fine.

    2703Probation with conditions and $10,000 fine.

    2710Third Offense

    2712Probation with conditions and $5,000 fine.

    2719Suspension and $10,000 fine.

    2724(ll) Violating any provision of Chapters 456 and 466, F.S., or any rules adopted pursuant thereto.

    2740(Sections 2741466.028(1)(mm),

    2742456.072(1)(b), 2743456.072(1)(dd), F.S.2745)

     

     

    2746First Offense

    2748$750 fine.

    2750Probation with conditions and $10,000 fine.

    2757Second Offense

    2759Probation with conditions and $1,000 fine.

    2766Probation with conditions and $10,000 fine.

    2773Third Offense

    2775Probation with conditions and $2,500 fine.

    2782Suspension followed by probation and $10,000 fine.

    2790(mm) Failing to comply with the educational course requirements for HIV.

    2801(Section 2802456.072(1)(e), F.S.2804)

     

     

    2805First Offense

    2807$500 fine.

    2809Probation with conditions and $1,500 fine.

    2816Second Offense

    2818$1,000 fine.

    2821Probation with conditions and $5,000 fine.

    2828Third Offense

    2830$1,500 fine.

    2833Probation with conditions and $7,500 fine.

    2840(nn) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

    2863(Section 2864456.072(1)(g), F.S.2866)

     

     

    2867First Offense

    2869$1,000 fine.

    2872Probation with conditions and $8,000 fine.

    2879Second Offense

    2881$3,500 fine.

    2884Probation with conditions and $10,000 fine.

    2891Third Offense

    2893Probation with conditions and $5,000 fine.

    2900Suspension and $10,000 fine.

    2905(oo) 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.

    2936(Section 2937456.072(1)(m), F.S.2939)

     

     

    2940First Offense

    2942$1,000 fine.

    2945Probation with conditions and $8,000 fine.

    2952Second Offense

    2954$3,500 fine.

    2957Probation with conditions and $10,000 fine.

    2964Third Offense

    2966Probation with conditions and $5,000 fine.

    2973Suspension and $10,000 fine.

    2978(pp) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.

    2999(Section 3000456.072(1)(n), F.S.3002)

     

     

    3003First Offense

    3005$1,000 fine.

    3008Probation with conditions and $10,000 fine.

    3015Second Offense

    3017Probation with conditions and $2,500 fine.

    3024Suspension and $10,000 fine.

    3029Third Offense

    3031Probation with conditions and $3,500 fine.

    3038Revocation and $10,000 fine.

    3043(qq) Wrong patient, wrong-site procedure, a wrong procedure, medically unnecessary.

    3053(Section 3054456.072(1)(bb), F.S.3056)

     

     

    3057First Offense

    3059$1,000 fine.

    3062Probation with conditions and $10,000 fine.

    3069Second Offense

    3071Probation with conditions and $2,000 fine.

    3078Suspension followed by probation with conditions and $10,000 fine.

    3088Third Offense

    3090Suspension followed by probation with conditions and $3,000 fine.

    3100Revocation and $10,000 fine.

    3105(rr) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    3121(Section 3122456.072(1)(r), F.S.3124)

     

     

    3125First Offense

    3127$1,000 fine.

    3130Probation with conditions and $10,000 fine.

    3137Second Offense

    3139Probation with conditions and $2,500 fine.

    3146Suspension followed by probation and $10,000 fine.

    3154Third Offense

    3156Probation with conditions and $5,000 fine.

    3163Revocation and $10,000 fine.

    3168(ss) Failing to comply with the educational course requirements for domestic violence.

    3180(Section 3181456.072(1)(s), F.S.3183)

     

     

    3184First Offense

    3186$500 fine.

    3188Probation with conditions and $2,500 fine.

    3195Second Offense

    3197Probation with conditions and $1,000 fine.

    3204Probation with conditions and $4,000 fine.

    3211Third Offense

    3213$2,500 fine.

    3216Probation with conditions and $8,000 fine.

    3223(tt) Failing to comply with sections 3229381.026 3230and 3231381.0261, F.S., 3233patient rights and how to file a patient complaint.

    3242(Section 3243456.072(1)(u), F.S.3245)

     

     

    3246First Offense

    3248$500 fine.

    3250Probation with conditions and $2,500 fine.

    3257Second Offense

    3259Probation with conditions and $1,000 fine.

    3266Probation with conditions and $4,000 fine.

    3273Third Offense

    3275$2,500 fine.

    3278Probation with conditions and $8,000 fine.

    3285(uu) Engaging or attempting to engage in sexual misconduct as defined and prohibited in section 3300456.063(1), F.S.

    3302(Section 3303456.072(1)(v), F.S.3305)

     

     

    3306First Offense

    3308$2,500 fine.

    3311Revocation or probation with conditions and $10,000 fine.

    3320Second Offense

    3322Probation with conditions and $5,000 fine.

    3329Suspension followed by probation with conditions or revocation, and $10,000 fine.

    3341Third Offense

    3343Suspension followed by probation with conditions and $8,000 fine.

    3353Revocation and $10,000 fine.

    3358(vv) Failing to report to the 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.

    3396(Section 3397456.072(1)(x), F.S.3399)

     

     

    3400First Offense

    3402$500 fine.

    3404Probation with conditions and $10,000 fine.

    3411Second Offense

    3413Probation with conditions and $1,000 fine.

    3420Probation with conditions and $10,000 fine.

    3427Third Offense

    3429Suspension followed by probation with conditions and $2,500 fine.

    3439Revocation and $10,000 fine.

    3444(ww) Using information about people involved in motor vehicle accidents which has been derived from accident reports.

    3461(Section 3462456.072(1)(y), F.S.3464)

     

     

    3465First Offense

    3467$500 fine.

    3469Probation with conditions and $5,000 fine.

    3476Second Offense

    3478$1,000 fine.

    3481Probation with conditions and $8,000 fine.

    3488Third Offense

    3490$2,500 fine.

    3493Suspension followed by probation and $10,000 fine.

    3501(xx) Leaving a foreign body in a patient.

    3509(Section 3510456.072(1)(cc), F.S.3512)

     

     

    3513First Offense

    3515$1,000 fine.

    3518Probation with conditions and $10,000 fine.

    3525Second Offense

    3527Probation with conditions and $2,500 fine.

    3534Suspension followed by probation with conditions and $10,000 fine.

    3544Third Offense

    3546Probation with conditions and $5,000 fine.

    3553Suspension and/or revocation and $10,000 fine.

    3560(yy) Testing positive for any drug, on any preemployment or employer-ordered drug screening.

    3573(Section 3574456.072(1)(aa), F.S.3576)

     

     

    3577First Offense

    3579$500 fine.

    3581Probation with conditions and $8,000 fine.

    3588Second Offense

    3590$1,000 fine.

    3593Suspension followed by probation with conditions and $10,000 fine.

    3603Third Offense

    3605$2,500 fine.

    3608Revocation and $10,000 fine.

    3613(zz) Intentionally submitting a personal injury protection claim required by section 3624627.736, F.S., 3626statement that has been “upcoded” as defined in section 3635627.732, F.S.

    3637(Section 3638456.072(1)(ee), F.S.3640)

     

     

    3641First Offense

    3643$500 fine.

    3645Probation with conditions and $8,000 fine.

    3652Second Offense

    3654$1,000 fine.

    3657Probation with conditions and $10,000 fine.

    3664Third Offense

    3666$2,500 fine.

    3669Suspension followed by probation with conditions and $10,000 fine.

    3679(aaa) Intentionally submitting a personal injury protection claim required by section 3690627.736, F.S., 3692for services that were not rendered.

    3698(Section 3699456.072(1)(ff), F.S.3701)

     

     

    3702First Offense

    3704$500 fine.

    3706Probation with conditions and $8,000 fine.

    3713Second Offense

    3715$1,000 fine.

    3718Probation with conditions and $10,000 fine.

    3725Third Offense

    3727$2,500 fine.

    3730Suspension followed by probation with conditions and $10,000 fine.

    3740(bbb) Engaging in a pattern of practice of prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients or a violation of sections 3770893.055 3771and 3772893.0551, F.S., 3774or law and rules relating to prescribing practitioners.

    3782(Section 3783456.072(1)(gg), F.S.3785)

     

     

    3786First Offense

    3788$1,500 fine.

    3791Probation with conditions and $8,000 fine.

    3798Second Offense

    3800Probation with conditions and $3,000 fine.

    3807Suspension and $10,000 fine.

    3812Third Offense

    3814$5,000 fine.

    3817Revocation and $10,000 fine.

    3822(ccc) Failing to comply with, failing to successfully complete, or being terminated from an impaired practitioner treatment program.

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

     

     

    3844First Offense

    3846Suspension, until compliant, followed by 2 years probation with conditions and $2,000 fine.

    3860Suspension until compliant, followed by 5 years probation with conditions and $5,000 fine.

    3874Second or Subsequent Offense

    3878Three years suspension followed by 5 years probation with conditions and $10,000 fine.

    3892Revocation and $10,000 fine.

    3897(ddd) Being convicted of, or entering a plea of nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 391718 U.S.C. s. 669, 3921ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 394142 U.S.C. ss. 1320a-7b, 3945relating to the Medicaid program.

    3950(Section 3951456.072(1)(ii), F.S.3953)

     

     

    3954First Offense

    3956Misdemeanor 3957– Reprimand, $10,000 fine, suspension.

    3963Felony – Revocation.

    3966Misdemeanor 3967– $10,000 fine, revocation.

    3972Felony – Revocation.

    3975Second Offense

    3977Misdemeanor or Felony – Revocation and $10,000 fine.

    3986Misdemeanor or Felony – Revocation and $10,000 fine.

    3995(eee) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgement, or stipulation or settlement.

    4022(Section 4023456.072(1)(jj), F.S.4025)

     

     

    4026First Offense

    4028$1,000 fine, letter of concern.

    4034$10,000 fine suspension.

    4038Second Offense

    4040$7,500 fine, reprimand.

    4044$10,000 fine, revocation.

    4048(fff) Being terminated from the state Medicaid program pursuant to section 4059409.913, F.S., 4061any 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.

    4087(Section 4088456.072(1)(kk), F.S.

     

     

    4090First Offense

    4092$1,000 fine, letter of concern.

    4098$10,000 fine, suspension.

    4102Second Offense

    4104$7,500 fine, reprimand.

    4108$10,000 fine, revocation.

    4112(ggg) 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.

    4144(Section 4145456.072(1)(ll), F.S.4147)

     

     

    4148First Offense

    4150Misdemeanor – $10,000 fine, reprimand.

    4156Felony – Revocation $10,000 fine.

    4162Misdemeanor – $10,000 fine, suspension.

    4168Felony – Revocation $10,000 fine.

    4174Second Offense

    4176Misdemeanor or Felony – $10,000 fine, revocation.

    4184Misdemeanor or Felony – $10,000 fine, revocation.

    4192(hhh) Failure to comply with the controlled substance prescribing requirements of section 4204456.44, F.S. 4206(Section 4207456.072(1)(mm), F.S.4209)

     

     

    4210First Offense

    4212Suspension of license for a period of six (6) months followed by a period of probation and an administrative fine in the amount of $10,000.00.

    4238Revocation and an administrative fine of $10,000.00.

    4246Second Offense

    4248Suspension of license for a period of one (1) year followed by probation and an adminstrative fine in the amount of $10,000.00.

    4271Revocation and an administrative fine in the amount of $10,000.00.

    4282(iii) Providing false or deceptive expert witness testimony related to the practice of dentistry.

    4296(Section 4297466.028(1)(ll), F.S.4299)

     

     

    4300First Offense

    4302Reprimand and an administrative fine of $5,000.00.

    4310Revocation and an administrative fine of $10,000.00.

    4318Second Offense

    4320Revocation and an administrative fine of $10,000.00.

    4328Revocation and an administrative fine of $10,000.00.

    4336(jjj) Willfully failing to comply with section 627.64194 or 4345641.513, F.S., 4347with such frequency as to indicate a general business practice.

    4357(Section 4358456.072(1)(oo), F.S.

     

     

    4360First Offense

    4362Reprimand and a $5,000 fine.

    4368Probation with conditions and $7,500 fine.

    4375Second Offense

    4377Reprimand; suspension for 6 months followed by Probation with Conditions; and $8,000 fine.

    4391$10,000 Fine and revocation.

    4396(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, except for explicit statutory maximum and minimum penalty requirements, the Board may deviate from the penalties recommended in subsection (1), above, and subsection (3), below. The Board shall consider as aggravating or mitigating factors the following:

    4446(a) The danger to the public;

    4452(b) The number of specific offenses, other than the offense for which the licensee is being punished;

    4469(c) Prior discipline that has been imposed on the licensee;

    4479(d) The length of time the licensee has practiced;

    4488(e) The actual damage, physical or otherwise, caused by the violation and the reversibility of the damage;

    4505(f) The deterrent effect of the penalty imposed;

    4513(g) The effect of the penalty upon the licensee;

    4522(h) Efforts by the licensee towards rehabilitation;

    4529(i) The actual knowledge of the licensee pertaining to the violation;

    4540(j) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation; and,

    4563(k) Any other relevant mitigating or aggravating factor under the circumstances.

    4574(3) Penalties imposed by the Board pursuant to subsections (1) and (2), above, may be imposed in combination or individually, and are as follows:

    4598(a) Issuance of a reprimand or letter of concern, which may be imposed in any disciplinary case, regardless of whether the penalty is referenced in any individual offense guideline;

    4627(b) Imposition of an administrative fine not to exceed $10,000.00 for each count or separate offense; for any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per each count or offense, pursuant to section 4676456.072(2)(d), F.S. 4678Unless stated otherwise in the disciplinary order, any imposed adminstrative fines are due within 90 days of the effective date of a final order imposing fines;

    4704(c) Restriction of the authorized scope of practice or license. In taking disciplinary action against any person, whether or not the action also involves placing a licensee on probation, or imposing any penalty, the Board may impose restrictions on the practice or the license that include, but are not limited to the following:

    47571. Requiring remedial education as a requirement of continued practice,

    47672. Restricting the licensee from practicing in certain settings,

    47763. Restricting the licensee to work in only certain settings or under designated conditions,

    47904. Restricting the licensee from performing or providing designated clinical and administrative services,

    48035. Restricting the licensee from practicing a designated number of hours,

    48146. Any other restriction found to be necessary for the protection of the public health, safety, and welfare.

    4832(d) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify:

    48541. Probation Term. Unless otherwise specified above within each individual offense guideline, or unless a lesser period of time is stated in the order imposing probation, the period of probation will be for a period of five (5) years,

    48932. Probation Conditions. Probation conditions may include but not be limited to the following and may be imposed regardless of whether the term “conditions” is referenced in an individual offense guideline:

    4924a. Requiring the licensee to attend additional continuing education courses or remedial education,

    4937b. Requiring the licensee to pass an examination on the content and requirements of chapters 456 and 466, F.S., and division 64B5, F.A.C.,

    4960c. Requiring the licensee to work under the supervision of another licensee, including the submission of documents and reports from the supervisor and licensee,

    4984d. Tolling of the running of the probationary period when the licensee ceases to practice in Florida, or fails to maintain compliance with the probation requirements,

    5010e. Compliance with all terms of the order that imposes probation,

    5021f. Evaluation by an impaired practitioners network or program and entering or maintaining compliance with a recommended impaired practitioners program contract,

    5042g. Submitting to a continuing education audit for the next two consecutive biennial licensure renewal periods beginning with the date of the order imposing probation,

    5067h. Corrective action related to the violation, including but not limited to the repayment of any fees billed and collected from a patient or third party on behalf of the patient.

    5098i. The licensee is responsible for all costs associated with compliance with the terms of probation.

    5114(e) Suspension of a license. Unless otherwise specified above within each individual offense guideline, or unless a lesser period of time is stated in the order imposing suspension, the period of suspension will be for a period of three years;

    5154(f) Revocation of a license; which shall be permanent unless specified otherwise in the final order;

    5170(g) Denial of an application for licensure, any violation of a provision of section 5184456.072(1) 5185or 5186466.028(1), F.S,5188. may be the basis for denial or issuance of licensure with restrictions or conditions; and,

    5204(h) Costs. The licensee is responsible for payment of all costs of investigation and prosecution related to a disciplinary case. Additionally, all costs related to compliance with an order taking disciplinary action are the obligation of the licensee. Unless stated otherwise in the disciplinary order, any imposed costs are due within 90 days of the effective date of a final order imposing costs.

    5267(4) The provisions of subsections (1) through (3), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement or consent order pursuant to section 5307120.57(4), F.S.

    5309(5) The provisions of subsections (1) through (4), above, are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Agency pursue collateral civil or criminal actions when appropriate.

    5347Rulemaking Authority 5349456.079(1) FS. 5351Law Implemented 5353456.072(2), 5354456.079(1), 5355466.028 FS. 5357History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10, 1-24-12, 4-25-17, 11-14-18.

     

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