64B8-31.010. Disciplinary Guidelines  


Effective on Sunday, November 21, 2021
  • 1(1) Purpose. Pursuant to Section 6456.072, F.S., 8the Boards provide within this rule disciplinary guidelines which shall be imposed upon anesthesiologist assistant applicants or licensees whom it regulates under Chapters 458 and 459, F.S. The purpose of this rule is to notify such applicants and licensees of the ranges of penalties which will routinely be imposed unless the Boards find 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; for multiple counts of the violated provisions or a combination of the violations the Boards shall consider a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between, including continuing medical education (CME). 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.

    177(2) Violations and Range of Penalties. In imposing discipline upon anesthesiologist assistant applicants and licensees, in proceedings pursuant to Sections 197120.57(1) 198and (2), F.S., the 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.

    253VIOLATIONS

    254RECOMMENDED PENALTIES

     

     

    256First Offense

    258Subsequent Offenses

    260(a) Attempting to obtain a license by bribery, fraud or through an error of the Department or the Board.

    279(Section 280456.072(1)(h), F.S.282);

    283(Section 284458.331(1)(a), F.S.286)

     

     

    2871. Attempting to obtain an initial license by bribery or fraud.

    2981. Denial of application  and a $10,000.00 fine.

     

    3072. Attempting to renew a license by bribery or fraud.

    3172. Revocation of the license and payment of a $10,000 fine.

     

    3293. Obtaining or renewing a license by bribery or fraud.

    3393. Revocation of the license and payment of a $10,000 fine.

     

    3514. Obtaining or renewing a license

    357through error of the Department of the Board.

    3654. Revocation.

     

    367(b) Action taken against license by another jurisdiction.

    375(Section 376456.072(1)(f), F.S.378);

    379(Section 380458.331(1)(b), F.S.382)

    383(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to reprimand through suspension and/or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $1,000.00 to $2,500.00.

    440(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension and revocation until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $2,500.00 to $5,000.00.

    4921. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,000.00.

    5121. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

     

    5322. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts of $5,000.00 or less.

    5522. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure.

    5792. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.

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

    623(Section 624456.072(1)(c), F.S.626);

    627(Section 628458.331(1)(c), F.S.630)

    631(c) From reprimand to revocation or denial of license, and an administrative fine of $1,000.00 to $5,000.00.

    650(c) From probation to revocation or denial of the license, and an administrative fine of $2,500.00 to $5,000.00.

    6701. Involving a crime directly related to healthcare fraud in dollar amounts in excess of $5,000.00.

    6871. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

     

    7072. Involving a crime directly related to healthcare fraud in dollar amounts of $5,000.00 or less.

    7242. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in case of application for licensure, denial of licensure.

    7502. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure.

    781(d) False, deceptive, or misleading advertising.

    787(Section 788458.331(1)(d), F.S.790)

    791(d) From a letter of concern to reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    814(d) From a letter of concern to reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    837(e) Failure to report another licensee in violation.

    845(Section 846456.072(1)(i), F.S.848);

    849(Section 850458.331(1)(e), F.S.852)

    853(e) From a letter of concern to probation and an administrative fine ranging from $1,000.00 to $2,500.00, or denial of licensure.

    876(e) From reprimand to suspension or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.

    895(f) Aiding unlicensed practice.

    899(Section 900456.072(1)(j), F.S.902);

    903(Section 904458.331(1)(f), F.S.906)

    907(f) From reprimand to suspension, followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    930(f) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    950(g) Failure to perform legal obligation.

    956(Section 957456.072(1)(k), F.S.959);

    960(Section 961458.331(1)(g), F.S.963)

    964(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial of licensure and an administrative fine from $1,000.00 to $5,000.00.

    1004(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial and an administrative fine from $2,500.00 to $5,000.00.

    10421. Continuing medical education (CME) violations.

    1048(Section 1049456.013(7), F.S.1051)

    1052(Section 1053456.033, F.S.1055)

    1056(Section 1057456.072(1)(e), F.S.1059)

    1060(Section 1061456.072(1)(s), F.S.1063)

    10641. Document compliance with the CME requirements for the relevant period; AND:

    10761. Document compliance with the CME requirements for the relevant period; AND:

    1088a. Failure to document required HIV/AIDS.

    1094a. An administrative fine ranging from $250.00 to $500.00.

    1103a. An administrative fine ranging from $500.00 to $1,000.00.

    1113b. Failure to document required domestic violence CME, or CME on the prevention of medical errors.

    1129b. An administrative fine ranging from $250.00 to $500.00.

    1138b. An administrative fine of $500.00 to $1,000.00.

    1147(h) Filing a false report or failing to file a report as required.

    1160(Section 1161456.072(1)(l), F.S.1163)

    1164(Section 1165458.331(1)(h), F.S.1167)

    1168(h) From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    1191(h) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    12111. Involving healthcare fraud in dollar amounts in excess of $5,000.00.

    12231. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

     

    12432. Involving healthcare fraud in dollar amounts of $5,000.00 or less.

    12552. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure.

    12822. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.

    1314(i) Kickbacks or split fee arrangements.

    1320(Section 1321458.331(1)(i), F.S.1323)

    1324(i) A refund of fees paid by or on behalf of the patient and from a reprimand and an administrative fine of $1,000.00 to a reprimand and an administrative fine of $5,000.00, or denial of licensure.

    1362(i) A refund of fees paid by or on behalf of the patient and from suspension to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    1395(j) Sexual misconduct.

    1398(Section 1399456.072(1)(v), F.S.1401)

    1402(Section 1403458.329, F.S.1405)

    1406(Section 1407458.331(1)(j), F.S.1409)

    1410(j) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    1430(j) From suspension, to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    1458(k) Deceptive, untrue, or fraudulent representations in the practice of medicine.

    1469(Sections 1470456.072(1)(a), 1471(m), F.S.)

    1473(Section 1474458.331(1)(k), F.S.1476)

    1477(k) From a letter of concern to revocation, or denial of licensure, and an administrative fine of $10,000.00.

    1496(k) From probation or denial of licensure, and an administrative fine of $10,000.00 to revocation.

    15121. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts in excess of $5,000.00.

    15351. Revocation and an administrative of $10,000.00 or in the case of application for licensure, denial of licensure.

     

    15542. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts of $5,000.00 or less.

    15772. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure.

    16042. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.

    1636(l) Improper solicitation of patients.

    1641(Section 1642458.331(1)(l), F.S.1644)

    1645(l) From an administrative fine ranging from $1,000.00 to $5,000.00, and a reprimand to probation, or denial of licensure.

    1666(l) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.

    1693(m) Failure to keep legible written medical records.

    1701(Section 1702458.331(1)(m), F.S.1704)

    1705(m) From a letter of concern to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    1729(m) From a reprimand to suspension followed by probation, and an administrative fine ranging from $2,500.00 to $5,000.00, or denial of licensure.

    17531. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts in excess of $5,000.00.

    17731. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

     

    17932. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts of $5,000.00 or less.

    18132. An administrative fine of $10,000.00 and a reprimand to suspension of the license, or in the case of application for licensure, denial of licensure.

    18392. An administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.

    1870(n) Exercising influence on patient for financial gain.

    1878(Section 1879456.072(1)(n), F.S.1881)

    1882(Section 1883458.331(1)(n), F.S.1885)

    1886(n) Payment of fees paid by or on behalf of the patient and from a reprimand to probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    1919(n) Payment of fees paid by or on behalf of the patient and from probation to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    1951(o) Performing professional services not authorized by patient.

    1959(Section 1960458.331(1)(p), F.S.1962)

    1963(o) From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    1986(o) From a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2007(p) Inability to practice medicine with skill and safety.

    2016(Section 2017456.072(1)(z), F.S.2019)

    2020(Section 2021458.331(1)(s), F.S.2023)

    2024(p) From reprimand to suspension, which may be stayed to allow a period of probation with supervision, and a demonstration by the licensee of the ability to practice with reasonable skill and safety, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    2072(p) From probation to revocation, until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by probation, or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.

    2109(q)1. Malpractice: practicing below acceptable standard of care.

    2117(Section 2118458.331(1)(t), F.S.2120)

    2121(q)1. From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2144(q)1. From reprimand to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    21642. Gross Malpractice.

    21672. From probation to revocation or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    21872. From suspension followed by probation to revocation or denial, and an administrative fine ranging from $2,500.00 to $5,000.00.

    22083. Repeated Malpractice.

    22113. From a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    22323. From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2252(r) Performing of experimental treatment without informed consent.

    2260(Section 2261458.331(1)(u), F.S.2263)

    2264(r) From a letter of concern to suspension to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2295(r) From suspension to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2323(s) Practicing beyond scope permitted.

    2328(Section 2329456.072(1)(o), F.S.2331)

    2332(Section 2333458.331(1)(v), F.S.2335)

    2336(s) From a letter of concern to reprimand and probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2361(s) From probation to suspension or revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2383(t) Delegation of professional responsibilities to unqualified person.

    2391(Section 2392456.072(1)(p), F.S.2394)

    2395(Section 2396458.331(1)(w), F.S.2398)

    2399(t) From reprimand to suspension, followed

    2405by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2422(t) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2442(u)1. Violation of law, rule, or failure to comply with subpoena.

    2453(Sections 2454456.072(1)(b), 2455(q), (dd), F.S.)

    2458(Sections 2459458.331(1)(x), 2460(nn), F.S.)

    2462(u)1. For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2503(u)1. From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    25232. Violation of an order of the Board.

    25312. From a reprimand, and an administrative fine of $1,000.00 to a reprimand and an administrative fine of $5,000.00.

    25522. From a reprimand and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00 and probation.

    2575(v) Conspiring to restrict another from lawfully advertising services.

    2584(Section 2585458.331(1)(y), F.S.2587)

    2588(v) From a letter of concern to a reprimand and an administrative fine ranging from $1,000.00 to $2,500.00.

    2608(v) From a reprimand and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00.

    2629(w) Aiding an unlawful abortion.

    2634(Section 2635458.331(1)(z), F.S.2637)

    2638(w) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2658(w) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2686(x) Failure to adequately supervise assisting personnel.

    2693(Section 2694458.331(1)(dd), F.S.2696)

    2697(x) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    2718(x) From probation to suspension followed by probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2741(y) Improper use of substances for muscle building or enhancement of athletic performance.

    2754(Section 2755458.331(1)(ee), F.S.2757)

    2758(y) From a reprimand to suspension, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

    2779(y) From suspension to be followed by a period of probation revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2806(z) Use of amygdaline (laetrile).

    2811(Section 2812458.331(1)(ff), F.S.2814)

    2815(z) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    2836(z) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2864(aa) Misrepresenting or concealing a material fact.

    2871(Section 2872458.331(1)(gg), F.S.2874)

    2875(aa) From a reprimand to probation, and an administrative fine ranging from $500.00 to $2,500.00, or the denial of licensure with the ability to reapply, upon payment of a $500.00 fine.

    2907(aa) From probation to revocation or denial of licensure without the ability to reapply, and an administrative fine ranging from $500.00 to $5,000.00.

    2931(bb) Improperly interfering with an investigation or a disciplinary proceeding.

    2941(Section 2942456.072(1)(r), F.S.2944)

    2945(Section 2946458.331(1)(hh), F.S.2948)

    2949(bb) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    2970(bb) From probation to revocation or denial of licensure without ability to reapply, and an administrative fine ranging from $2,500.00 to $5,000.00.

    2994(cc) Failing to report any licensee who is in violation of law.

    3006(Section 3007456.072(1)(i), F.S.3009)

    3010(Section 3011458.331(1)(ii), F.S.3013)

    3014(cc) From a letter of concern to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    3037(cc) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

    3057(dd) Providing medical opinion without reasonable investigation.

    3064(Section 3065458.331(1)(jj), F.S.3067)

    3068(dd) From a letter of concern to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

    3092(dd) From probation to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.

    3111(ee) Theft or reproduction of an examination.

    3118(Section 3119456.018, F.S.3121)

    3122(ee) Revocation or denial of licensure.

     

    3128(ff) Using laser device or product without complying with rules adopted pursuant to Section 3142501.122(2), F.S.

    3144(Section 3145456.072(1)(d), F.S.3147)

    3148(ff) From a letter of concern to a reprimand and an administrative fine ranging from $1,000.00 to $2,500.00.

    3168(ff) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3183(gg) Having been found liable in a civil proceeding for filing a false complaint against another licensee.

    3200(Section 3201456.072(1)(g), F.S.3203)

    3204(gg) From probation to suspension or denial of licensure, and an administrative fine from $1,000.00 to $2,500.00.

    3223(gg) From suspension to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3238(hh) Failure to provide patients with information regarding their patient rights.

    3249(Section 3250456.072(1)(u), F.S.3252);

    3253(Section 3254458.331(1)(mm), F.S.3256)

    3257(hh) From a letter of concern to probation and an administrative fine ranging from $500.00 to $2,500.00.

    3275(hh) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3290(ii) Using accident information for solicitation purposes.

    3297(Section 3298456.072(1)(y), F.S.3300)

    3301(ii) From a reprimand to suspension and an administrative fine ranging from $1,000.00 to $2,500.00.

    3318(ii) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3333(jj) Testing positive on a preemployment or employee ordered drug screening.

    3344(Section 3345456.072(1)(aa), F.S.3347)

    3348(jj) From a letter of concern to probation or a denial of licensure and an administrative fine ranging from $500.00 to $2,500.00.

    3371(jj) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3386(kk) Performing health care services on the wrong patient, wrong site, wrong procedure.

    3399(Section 3400456.072(1)(bb), F.S.3402)

    3403(kk) From a letter of concern, a minimum of five (5) hours of risk management education, and one (1) hour lecture on wrong-site surgery in the State of Florida, and a $1,000.00 fine to a $2,500.00 fine to a reprimand and probation and an administrative fine ranging from $1,000.00 to $2,500.00.

    3458(kk) From a reprimand and probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3476(ll) Leaving a foreign body in a patient.

    3484(Section 3485456.072(1)(cc), F.S.3487)

    3488(ll) From a $1,000.00 to a $5,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, and a one hour lecture to the staff of a Florida licensed healthcare facility on retained foreign body objects to revocation.

    3533(ll) From a $7,500.00 fine, a reprimand and probation, or denial to revocation.

    3547(mm) Intentionally submitting a personal injury protection claim, statement, or bill that has been “upcoded,” or claim, statement, or bill for services not rendered.

    3572(Sections 3573456.072(1)(ee), 3574(ff), F.S.)

    3576(mm) From a reprimand to probation and an administrative fine ranging from $1,000.00 to $2,500.00.

    3593(mm) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3608(nn) Failing to report within 30 days action taken against one’s license in another jurisdiction.

    3623(Section 3624458.331(1)(kk), F.S.3626)

    3627(nn) From a reprimand to suspension or a denial of licensure and an administrative fine ranging from $1,000.00 to $2,500.00.

    3649(nn) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.

    3664(qq) Being convicted of, or entering a plea of guilty or nolo contendere to any misdemeanor or felony, regardless of adjudication, under 368618 USC s. 669, 3690ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343,  s. 1347, s. 1349, or s. 1518, or 371042 USC ss. 1320a-7b, 3714relating to the Medicaid program.

    3719(Section 3720456.072(1)(ii), F.S.3722)

    3723(qq) Revocation and a fine of $10,000.00, or in the case of application for licensure, denial of license.

     

    3742(rr) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

    3766(Section 3767456.072(1)(jj), F.S.3769)

    3770(rr) From a letter of concern to probation, and a fine of $500.00 to $5,000.00.

    3786(rr) From a reprimand to revocation, and a fine of $2,500.00 to $5,000.00.

    3801(ss) Being terminated for cause from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program.

    3822(Section 3823456.072(1)(kk), F.S.3825)

    3826(ss) From a letter of concern to suspension, and a fine of $1,000.00 to $5,000.00.

    3843(ss) From a reprimand to revocation, and a fine of $5,000.00 to $10,000.00.

    3858(tt) 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.

    3886(Section 3887456.072(1)(ll), F.S.3889)

    3890(tt) Revocation and a fine of $10,000.00, or in the case of application for licensure, denial of license.

     

    3909(uu) Willfully failing to comply with section 3916627.64194 3917or 3918641.513, F.S., 3920with such frequency as to indicate a general business practice.

    3930(Section 3931458.331(1)(tt), F.S.3933)

    3934(uu) From a letter of concern to a reprimand and an administrative fine in the amount of $1,000.00 to $5,000.00.

    3956(uu) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.

     

    3975First Offense

    3977Second Offense

    3979Subsequent Offenses

    3981(vv) 3982Failure to comply with parental consent requirements of Section 1014.06, F.S.

    3993(Section 3994456.072(1)(rr), F.S.3996)

    3997(vv) From a letter of concern and a fine of $1,000.00 to six (6) months’ probation and a $2,500 fine, or denial of licensure.

    4023(vv) 4024From a reprimand to one (1) year probation and an administrative fine of $2,500.00 to $5,000.00.

    4042(vv) From six (6) months’ probation  to revocation and an administrative fine of $5,000.00 to $10,000.00, or denial of licensure.

    4064(ww) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 4098456.074(5), F.S. 4100or similar offense in another jurisdiction. (Section 4107456.072(1)(ss), F.S.4109)

    4110(ww) Revocation and a fine of $1,000.00 to $5,000.00, or denial of licensure.

     

    4125(ww) Revocation and a fine of $5,000.00 to $10,000.00, or denial of licensure.

    4140(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating factors the following:

    4178(a) Exposure of patients or public to injury or potential injury, physical or otherwise; none, slight, severe, or death;

    4197(b) Legal status at the time of the offense; no restraints, or legal constraints;

    4211(c) The number of counts or separate offenses established;

    4220(d) The number of times the same offense or offenses have previously been committed by the licensee or applicant;

    4239(e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;

    4256(f) Pecuniary benefit or self-gain inuring to the applicant or licensee;

    4267(g) Any other relevant mitigating factors.

    4273(4) The anesthesiologist assistant shall be disciplined by the Board when, after due notice and a hearing in accordance with the provisions of this rule, it shall find: that the anesthesiologist assistant has held himself out or permitted another to represent him as a licensed physician. If any person addresses the anesthesiologist assistant in a medical setting as “Doctor,” the anesthesiologist assistant must immediately inform that person that the anesthesiologist assistant is not a doctor. Upon a finding by the Board of failure to immediately inform the person, the following penalty shall be imposed: a letter of concern, a reprimand, a 60-day suspension and/or a fine up to $2,500.00; and for any subsequent offense, a fine up to $5,000.00 and/or revocation of the certificate.

    4400Rulemaking Authority 4402456.079, 4403458.309, 4404458.331(5) FS. 4406Law Implemented 4408456.072, 4409456.079, 4410458.331(5), 4411458.3475 FS. 4413History–New 11-13-05, Amended 1-5-12, 7-3-12, 5-8-17, 11-21-21.