64B8-44.003. Disciplinary Guidelines  


Effective on Monday, June 5, 2017
  • 1(1) Purpose. The legislature created the Board and the Council to assure protection of the public from persons who do not meet minimum requirements for safe practice or who pose a danger to the public. Pursuant to Section 39456.079, F.S., 41the Board provides within this rule disciplinary guidelines upon applicants or licensees whom it regulates under Chapter 468, Part X, 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. 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.

    154(2) Among the range of disciplinary actions are:

    162(a) Reprimand and a minimum administrative fine of $100;

    171(b) Probation with conditions to include limitations on the type of practice or practice setting, requirement of supervision by a licensee of the Council as approved by the Board, employer and self reports, periodic appearances before the Board, counseling or participation in the Physician’s Recovery Network, payment of administrative fines, and such conditions to assure protection of the public;

    230(c) Restriction of practice;

    234(d) Suspension for a minimum of ninety days and thereafter until the licensee appears before the Board to demonstrate current competency and ability to practice safely in compliance with any previous Board orders;

    267(e) Denial of licensure with conditions to be met prior to any reapplication;

    280(f) Permanent Revocation.

    283(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 below. The Board shall consider as aggravating or mitigating factors the following:

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

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

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

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

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

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

    410(g) Any efforts at rehabilitation, attempts by the licensee to correct or to stop violations, or refusal by the licensee to correct or to stop violations;

    436(h) Any other relevant mitigating factors.

    442(4) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 460120.57(1) 461and (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.

    516VIOLATION

    517RECOMMENDED RANGE OF PENALTY

    521(a)

    522Violating Practice Act or Board or Department Rules.

    530(Section 531468.518(1)(a), F.S.533)

    534(a)1.

    535From a minimum of six months’ probation to revocation or denial of licensure, and an administrative fine from $150.00 to $1,000.00, depending on the seriousness of the underlying offense and the magnitude of the violation.

    571(a)2.

    572After the first offense, a minimum of one year probation to revocation or denial of licensure, and an administrative fine from $200.00 to $1,000.00, depending on the seriousness of the underlying offense and the magnitude of the violation.

    611(b)

    612Inability to practice with skill and safety.

    619(Section 620468.518(1)(b), F.S.622)

    623(b)

    624From submission to a mental or physical examination directed towards the problem, one year probation with conditions, possible referral to the PRN to revocation or denial, and an administrative fine from $100.00 to $1,000.00.

    659(c)

    660Attempting to procure a license by bribery, fraud, or misrepresentation or through error of the department or the council.

    679(Sections 680468.518(1)(r), 681456.072(1)(h), F.S.683)

     

     

    684(c)1.

    685Attempting to obtain an initial license by bribery or fraud.

    695(c)1.

    696Denial of application and $10,000.00.00 fine.

    703(c)2.

    704Attempting to renew a license by bribery or fraud.

    713(c)2.

    714For the first offense, from revocation of the license with ability to reapply upon payment of a $10,000.00 fine to permanent revocation. After the first offense, permanent revocation and a $10,000.00 fine.

    748(c)3.

    749Obtaining or renewing a license by fraud.

    756(c)3.

    757For the first offense, from revocation of the license with ability to reapply upon payment of a $10,000.00 fine to permanent revocation. After the first offense, permanent revocation and a $10,000.00 fine.

    791(c)4.

    792Obtaining or renewing a license through error of the department or the council.

    805(c)4.

    806Revocation.

    807(c)5.

    808Obtaining or renewing a license through negligent misrepresentation.

    816(c)5.

    817For the first offense, from a $300.00 fine and 3 hours of continuing education on ethics to suspension and a reprimand and a $1,000.00 administrative fine. After the first offense, from suspension and a reprimand and a $3,000.00 fine to revocation or denial of application.

    864(d)

    865Action taken against license by another jurisdiction.

    872(Section 873468.518(1)(d), F.S.875)

    876(d)

    877From imposition of discipline comparable to that which would have been imposed if the substantive violation had occurred in Florida to suspension or denial of license until it is unencumbered in the other jurisdiction, and an administrative fine from $100.00 to $1,000.00. Evaluations shall be required to determine the need for referral to PRN.

    932(e)

    933Conviction of a crime relating to the practice.

    941(Section 942468.518(1)(e), F.S.944)

    945(e)1.

    946From a one year probation with conditions to revocation or denial of the license and an administrative fine ranging from $100.00 to $1,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.

     

     

    984(e)2.

    985After the first offense, from a three-year probation with conditions to revocation or denial of the license, and an administrative fine ranging from $250.00 to $1,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.

    1026(f)

    1027Filing a false report or failing to file a report as required.

    1039(Section 1040468.518(1)(f), F.S.1042)

     

     

    1043(f)1.

    1044Negligently filing a false report or failing to file a report as required.

    1057(f)1.

    1058For the first offense, from a letter of concern or denial of application to one (1) year probation and an administrative fine from $300 to $1,500.00. After the first offense, from one (1) year probation to revocation, and an administrative fine from $1,500.00 to $3,000.00.

    1106(1107f)2.

    1108Fraudulently filing a false report or failing to file a report as required.

    1121(f)2.

    1122For the first offense, from one (1) year probation to revocation or denial of application, and a $10,000.00 fine. After the first offense, from suspension to revocation and a $10,000.00 fine.

    1155(g)

    1156False, deceptive, or misleading advertising.

    1161(Section 1162468.518(1)(g), F.S.1164)

     

     

    1165(g)1.

    1166Negligent false, deceptive or misleading advertising.

    1172(g)1.

    1173For the first offense, from a letter of concern to one (1) year suspension or denial of application, and an administrative fine from $300.00 to $1,500.00. After the first offense, from reprimand to up to one (1) year suspension or denial of application, and an administrative fine from $1,500.00 to $3,000.00.

    1227(g)2.

    1228Fraudulent false, deceptive or misleading advertising.

    1234(g)2.

    1235For the first offense, from reprimand to up to one (1) year suspension or denial of application, and an administrative fine of $10,000.00. After the first offense, from suspension up to revocation and a fine of $10,000.00.

    1274(h)

    1275Committing fraud in the practice.

    1280(Section 1281468.518(1)(h), F.S.1283)

    1284(h)1.

    1285From one year probation with conditions to revocation or denial of licensure and an administrative fine of $10,000.00.

    1304(h)2.

    1305After the first offense, from one year suspension followed by probation with conditions to revocation or denial of licensure, and an administrative fine of $10,000.00.

    1331(i)

    1332Practicing on delinquent, revoked, suspended, or inactive license.

    1340(Section 1341468.518(1)(i), F.S.1343)

    1344(i)1.

    1345From a $250.00 administrative fine to revocation.

    1352(i)2.

    1353After the first offense, from a $750.00 administrative fine to revocation.

    1364(j)

    1365Treating ailments by means other than dietetics and nutrition practice.

    1375(Section 1376468.518(1)(j), F.S.1378)

    1379(j)1.

    1380From one year suspension followed by at least one year probation with conditions to revocation or denial licensure, and an administrative fine from $250 to $1,000.00.

    1407(j)2.

    1408For a second offense, two years suspension followed by at least one year probation with conditions to revocation or denial of licensure, and an administrative fine from $400.00 to $1,000.00.

    1439(j)3.

    1440For a third offense, revocation or denial of licensure and an administrative fine from $800.00 to $1,000.00.

    1458(k)

    1459Failure to maintain acceptable standards of practice.

    1466(Section 1467468.518(1)(k), F.S.1469)

    1470(k)1.

    1471From one year probation with conditions to revocation or denial of a license, and an administrative fine from $100.00 to $1,000.00.

    1493(k)2.

    1494After the first offense, a minimum of one year suspension followed by a minimum of one year probation with conditions to revocation or denial of a license, and an administrative fine from $350.00 to $1,000.00.

    1530(l)

    1531Kickbacks or split fee arrangements.

    1536(Section 1537468.518(1)(l), F.S.1539)

    1540(l)1.

    1541From six months suspension followed by one year probation with conditions to revocation or denial of licensure, and an administrative fine from $250.00 to $1,000.00.

    1567(l)2.

    1568After the first offense, from one year suspension followed by two years of probation with conditions to revocation or denial of licensure, and an administrative fine from $350.00 to $1,000.00.

    1599(m)

    1600Advertising any experimental assessment or treatment.

    1606(Section 1607468.518(1)(m), F.S.1609)

    1610(m)1.

    1611From suspension to revocation or denial of licensure, and an administrative fine from $500.00 to $1,000.00.

    1628(m)2.

    1629For a second offense, revocation or denial of licensure, and an administrative fine from $750.00 to $1,000.00.

    1647(n)

    1648Failure to keep written medical records.

    1654(Rule 165564B8-44.004, 1656F.A.C.)

    1657(n)1.

    1658From probation with conditions to denial or one year suspension followed by a minimum of one year probation with conditions and an administrative fine from $100.00 to $1,000.00.

    1687(n)2.

    1688After the first offense, from one year suspension followed by a minimum of one year probation with conditions to revocation or denial of a license, and an administrative fine from $400.00 to $1,000.00.

    1722(o)

    1723Sexual misconduct.

    1725(Sections 1726456.063, 1727456.072(1)(v), F.S.1729)

    1730(o)1.

    1731From one year probation with conditions to revocation or denial of licensure, and an administrative fine from $500.00 to $1,000.00. Evaluations shall be required to determine the need for referral to PRN.

    1764(o)2.

    1765For a second offense, from one year suspension followed by a minimum of one year probation with conditions to revocation or denial of licensure, and an administrative fine from $800.00 to $1,000.00. Evaluations shall be required to determine the need for referral to PRN.

    1810(o)3.

    1811After the second offense, revocation of license and a fine of $1,000.00.

    1824(p)

    1825Failing to report in writing within 30 days after the licensee has been convicted or found guilty of, or has entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

    1860(Section 1861456.072(1)(x), F.S.1863)

    1864(p)1.

    1865From a $100.00 administrative fine to revocation or denial of a license.

    1877(p)2.

    1878After the first offense, from a $250.00 administrative fine to revocation or denial of a license.

    1894(q)

    1895Testing positive for drugs on employment drug screening.

    1903(Section 1904456.072(1)(aa), F.S.1906)

    1907(q)

    1908From submission to a mental or physical examination directed towards the problem and one year probation with conditions, to revocation or denial, and administrative fine from $100.00 to $1,000.00.

    1938(r)

    1939Being terminated from or failing to successfully complete an impaired practitioners treatment program.

    1952(Section 1953456.072(1)(hh), F.S.1955)

    1956(r)

    1957First offense: Minimum stayed suspension and probation for a period of one (1) year with a fine of $500.00 to a maximum of suspension or denial of license until successful completion or receipt of a written confirmation from the program that further treatment is neither required nor indicated followed by a one (1) year probation and a fine of $1,500.00.

    2018Subsequent offenses: Minimum suspension for three (3) years or until licensee is able to demonstrate to the Board the ability to practice with reasonable skill and safety, whichever is longer and a fine of $1,000.00 to a maximum of revocation or denial of license and a $3,000.00 fine.

    2068(s)

    2069Performing or attempting to perform health care services on the wrong patient, a wrong procedure, an unauthorized procedure, or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition.

    2104(Section 2105456.072(1)(bb), F.S.2107)

    2108(s)

    2109For the first offense, from 1 year probation with conditions and a $1,000.00 fine to 1 year suspension, 2 years probation and a $5,000.00 fine. For the second offense, from 1 year suspension, 2 years probation with conditions and a $5,000.00 fine to revocation and a $10,000.00 fine.

    2161(t)

    2162Failure to notify patients of practioner’s license type or failure to identify license type in advertisement that names a practioner.

    2182(Section 2183456.072(1)(t), F.S.2185)

    2186(t)

    2187First offense from letter of concern to 1 year suspension and an administrative fine of $300.00 to $1,500.00.00. After first offense from reprimand to 3 year suspension and an administrative fine of $1,500.00.00 to $3,000.00.

    2225(u)

    2226Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 224718 U.S.C. s. 669, 2251ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 227142 U.S.C. ss. 1320a-7b, 2275relating to the Medicaid program.

    2280(Section 2281456.072(1)(ii), F.S.2283)

    2284(u)

    2285Revocation or non-renewal or denial of the initial license and a fine of $10,000.00.

    2300(v)

    2301Failing to remit the sum owed to the state for an overpayment from the Medicaid Program pursuant to a final order, judgment, or stipulation or settlement.

    2327(Section 2328456.072(1)(jj), F.S.2330)

    2331(v)

    2332For the first offense, one year of probation, with conditions and a $2,500.00 fine. For the second offense, one year of suspension and a $5,000.00 fine.

    2360(w)

    2361Being terminated from the state Medicaid Program pursuant to Section 2371409.913, F.S., 2373any 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.

    2399(Section 2400456.072(1)(kk), F.S.2402)

    2403(w)

    2404Revocation or non-renewal or denial of the initial license and a fine of $10,000.00.

    2419(x)

    2420Being 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 related to health care fraud.

    2451(Section 2452456.072(1)(ll), F.S.2454)

    2455(x)

    2456Revocation or non-renewal or denial of the initial license and a fine of $10,000.00.

    2471(y)

    2472Willfully failing to comply with Section 627.64194 or 2480641.513, F.S., 2482with such frequency as to indicate a general business practice.

    2492(Section 2493456.072(1)(oo), F.S.2495)

    2496(y)

    2497For the first offense, one year of probation, with conditions and a $2,500.00 fine. For the second offense, one year of suspension and a $5,000.00 fine. For a third offense, revocation.

    2530(5) Stipulations or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 2570120.57(4), F.S.

    2572Rulemaking Authority 2574456.072, 2575456.079, 2576458.309, 2577468.507 FS. 2579Law Implemented 2581456.072, 2582456.079, 2583468.518(1), 2584(2) FS. History–New 12-4-90, Formerly 21M-50.003, Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98, 8-19-99, 9-28-00, 9-26-01, 2-13-03, 4-10-06, 1-8-07, 5-13-10, 7-13-16, 6-5-17.