64B8-8.001. Disciplinary Guidelines  


Effective on Monday, March 2, 2020
  • 1(1) Purpose. Pursuant to Section 6456.079, F.S., 8the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 458, 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, including appropriate 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.

    171(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 189120.57(1) 190and (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.

    245RECOMMENDED RANGE OF PENALTY

    249VIOLATION

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

    274(Section 275458.331(1)(a), F.S.277)

    278(Section 279456.072(1)(h), F.S.281)

    282FIRST OFFENSE

     

    284SECOND OFFENSE

     

    286THIRD OFFENSE

    2881. Attempting to obtain an initial license by bribery or fraud.

    2991. Denial of application and a $10,000.00 fine.

     

     

    3082. Attempting to renew a license by bribery or fraud.

    3182. Revocation of the license and payment of a $5,000.00 fine to revocation 332and a $10,000.00 fine.

    3372. Revocation and a $10,000.00 fine.

     

    3443. Obtaining or renewing a license by bribery or fraud.

    3543. Revocation of the license and payment of a $5,000.00 fine to revocation and a $10,000.00 fine.

    3733. Revocation and a $10,000.00 fine.

     

    3804. Obtaining or renewing a license through error of the Department or the Board.

    3944. Revocation.

    3964. Revocation.

     

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

    406(Section 407458.331(1)(b), F.S.409)

    410(Section 411456.072(1)(f), F.S.413)

    414(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension 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 $5,000.00.

    469(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to revocation or denial of the license, and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    5091. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,000.00.

    5291. Revocation or in the case of application for licensure, denial of licensure, and a fine of $10,000.00.

     

     

    5482. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts of $5,000.00 or less.

    5682. A $10,000.00 administrative fine and suspension of the license, followed by a period of probation.

    5852. Revocation or denial and a fine of $10,000.00.

     

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

    607(Section 608458.331(1)(c), F.S.610)

    611(Section 612456.072(1)(c), F.S.614)

    615(c) From probation to revocation or denial of the license, an administrative fine ranging from $1,000.00 to $10,000.00.

    635(c) From suspension to revocation or denial of the license, an administrative fine ranging from $5,000.00 to $10,000.00.

     

    6551. Involving a crime related to healthcare fraud in dollar amounts in excess of $5,000.00.

    6711. Revocation or in the case of application for licensure, denial of licensure and a fine of $10,000.00

     

     

    6902. Involving a crime related to healthcare fraud in dollar amounts of $5,000.00 or less.

    7062. A $10,000.00 administrative fine, compliance with any criminal probation, a reprimand and suspension of the license, followed by a period of probation.

    7302. Revocation and a fine of $10,000.00.

     

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

    744(Section 745458.331(1)(d), F.S.747)

     

     

     

    7481. Negligent false, deceptive, or misleading advertising.

    755(Section 756458.331(1)(d), F.S.758)

    7591. From a letter of concern to one (1) year suspension or denial, to be followed by a period of probation, and an administrative fine from $1,000.00 to $5,000.00.

    7901. From reprimand to up to one (1) year suspension or denial, to be followed by a period of probation, and an administrative fine from $5,000.00 to $10,000.00.

     

    8202. Fraudulent false, deceptive or misleading advertising.

    8272. From reprimand to up to one (1) year suspension or denial, to be followed by a period of probation, and an administrative fine of $10,000.00.

    8542. From suspension, to be followed by a period of probation, up to revocation, and a fine of $10,000.00.

     

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

    882(Section 883458.331(1)(e), F.S.885)

    886(Section 887456.072(1)(i), F.S.889)

    890(e) From a letter of concern to probation or denial, and an administrative fine from $1,000.00 to $5,000.00.

    910(e) From probation to suspension or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    927(f) Aiding unlicensed practice.

    931(Section 932458.331(1)(f), F.S.934)

    935(Section 936456.072(1)(j), F.S.938)

    939(f) From probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    956(f) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    981(g) Failure to perform legal obligation.

    987(Section 988458.331(1)(g), F.S.990)

    991(Section 992456.072(1)(k), F.S.994)

    995(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a letter of concern to revocation or denial, and an administrative fine from $1,000.00 to $10,000.00, unless otherwise provided by law.

    1040(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 $5,000.00 to $10,000.00, unless otherwise provided by law.

     

    10831. Failing to register a laser device.

    1090(Section 1091456.072(1)(d), F.S.1093)

    10941. If the device is an approved device, from an administrative fine of $1,000.00 to $5,000.00; if the device is not approved, from an administrative fine from $5,000.00 to a suspension or denial, and an administrative fine of $10,000.00.

    11371. If the device is an approved device, from a reprimand to probation or restriction of practice, and an administrative fine of $5,000.00 to $10,000.00; if the device is not approved, from suspension to revocation and an administrative fine of $10,000.00.

     

    11812. Continuing medical education (CME) violations.

    1187(Section 1188456.072(1)(e), F.S.1190)

    1191(Section 1192456.072(1)(s), F.S.1194)

    11952. Within twelve months of the date of the filing of the final order, the licensee must submit certified documentation of

    1216completion of all CME requirements for the period for which the citation was issued; prior to renewing the license for the next biennium, Respondent must document compliance with

    1244the CME requirements for

    1248the relevant period; AND:

    12522. Within twelve months of the date of the filing of the final order, the licensee must submit certified documentation of completion of all CME requirements for the period for which the citation was issued; prior to renewing the license for the next biennium, Respondent must document compliance with the CME requirements for the relevant period;

    1308AND:

     

    1309a. Failure to document required HIV/AIDS and related infections of TB or domestic violence or medical errors CME, or substituted end-of-life care CME.

    1332a. An administrative fine of $500.00 to $1,000.00.

    1341a. A reprimand and an administrative fine of $1,000.00 to $5,000.00.

     

    1354b. Failure to document required HIV/AIDS and related infections of TB and failure to document domestic violence and failure to document medical errors CME.

    1378b. An administrative fine of $1,000.00 to $2,000.00.

    1388b. A reprimand and an administrative fine of $5,000.00 to $10,000.00.

     

    1401c. Failure to document some, but not all CME hours.

    1411c. An administrative fine of $100.00 per hour not documented.

    1421c. A reprimand and an administrative fine of $500.00 per hour not documented.

     

    1434d. Failure to document any CME hours.

    1441d. A reprimand and an administrative fine from $5,000.00 to $10,000.00

    1454d. Suspension until documentation of completion, a reprimand and an administrative fine of $10,000.00.

     

    14693. Failing to comply with the requirements for profiling and credentialing.

    1480(Section 1481456.039, F.S.1483);

    1484(Section 1485456.072(1)(w), F.S.1487);

    1488(Section 1489458.319, F.S.1491);

     

     

     

    1492a. Involving a violation of any provision of Chapter 456, F.S., for failing to comply with the requirements for profiling and credentialing, by failing to timely provide updated information, on a profile, credentialing, or initial or renewal licensure application, not appropriate for a notice of noncompliance.

    1538a. If the licensee complies within six (6) months of the violation, then an administrative fine of up to $2,000.00; if compliance after six (6) months, an administrative fine of up to $5,000.00 and a reprimand.

    1576a. If the licensee complies within six (6) months of the violation, then a reprimand and an administrative fine from $5,000.00 to $10,000.00; if compliance after six (6) months, from suspension to revocation and an administrative fine of $10,000.00.

     

    1618b. Involving violations of any provision of chapter 456, F.S., for making misleading, untrue, deceptive or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.

     

     

     

    1646(I) Negligently making misleading or untrue representations on a profile, credentialing, or initial licensure or renewal application.

    1663(I) From a $1,000.00 fine and 3 hours CME on ethics to suspension, to be followed by a period of probation, and a reprimand, and a $5,000.00 administrative fine.

    1694(I) From suspension, to be followed by a period of probation, and a reprimand, and a $10,000.00 fine to revocation or denial.

     

    1717(II) Fraudulently making misleading, untrue, deceptive or fraudulent representations on a profile, credentialing, or initial licensure or renewal application.

    1736(II) Referral to State Attorney for prosecution pursuant to sections 1746456.067 1747and 1748456.066, F.S., 1750and from suspension, to be followed by a period of probation, and a reprimand and a $10,000.00 fine to revocation or denial and a $10,000 fine.

    1778(II) Referral to State Attorney for prosecution and revocation or denial and a $10,000.00 fine.

     

    17944. Failing to report to the board within 30 days after the licensee has been convicted of a crime in any jurisdiction. Convictions prior to the enactment of this section not reported in writing to the board, on or before October 1, 1999.

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

    18414. From an administrative fine of $2,000.00 to a fine of $5,000.00 and a reprimand or denial.

    18604. From suspension, to be followed by a period of probation to revocation and an administrative fine from $5,000.00 to $10,000.00.

     

    18835. Failing to comply with obligations regarding ownership and control of medical records, patient records; report or copies of records to be furnished.

    1906(Section 1907456.057, F.S.1909)

    19105. From a letter of concern to two (2) years suspension followed by probation or denial and an administrative fine from $1,000.00 to $5,000.00.

    19365. From a reprimand to two (2) years suspension followed by probation or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    19606. Failing to maintain confidentiality of communication between a patient and a psychiatrist.

    1973(Section 1974456.059, F.S.1976)

    19776. From a $5,000.00 administrative fine and a reprimand to suspension, to be followed by a period of probation, and a $10,000.00 administrative fine or denial.

    20056. From suspension, to be followed by a period of probation, to revocation or denial.

     

    20207. Failing to report final disposition of professional liability claims and actions.

    2032(Section 2033456.049, F.S.2035)

    20367. If the licensee complies within six (6) months of the violation then an administrative fine of up to $2,000.00; if compliance after six (6) months, an administrative fine of up to $5,000.00 and a reprimand.

    20747. If the licensee complies within six (6) months of the violation, then a reprimand and an administrative fine from $5,000.00 to $10,000.00; if compliance after six (6) months, from suspension, to be followed by a period of probation, to revocation and an administrative fine of $10,000.00.

     

    21248. Failing to disclose financial interest to patient.

    2132(Section 2133456.052, F.S.2135)

    21368. A refund of fees paid by or on behalf of the patient and from an administrative fine of $1,000.00 and an administrative fine of $5,000.00.

    21648. A refund of fees paid by or on behalf of the patient and from restriction of practice, and an administrative fine of $5,000.00 to a reprimand, and an administrative fine of $10,000.00.

     

    21999. Failing to comply with the requirements for qualified physicians or medical directors required by Section 381.986(3), F.S.

    2217(Section 2218456.072(1)(k), F.S.

    22209. A letter of concern, and an administrative fine of $1,000.00 to probation and an administrative fine of $5,000.00.

    22419. A reprimand, and an administrative fine of $5,000.00 to revocation and an administrative fine of $10,000.00.

     

    2260(h) Filing a false report or failing to file a report as required.

    2273(Section 2274458.331(1)(h), F.S.2276)

    2277(Section 2278456.072(1)(l), F.S.2280)

     

     

     

    22811. Negligently filing a false report or failing to file a report as required.

    22951. From a letter of concern or denial to one (1) year probation, and an administrative fine from $1,000.00 to $5,000.00.

    23181. From one (1) year probation to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    23382. Fraudulently filing a false report or failing to file a report as required.

    23522. From one (1) year probation to revocation or denial and a $10,000.00 fine.

    23672. From suspension, to be followed by a period of probation, to revocation and a $10,000.00 fine.

     

    23853. Involving healthcare fraud in dollar amounts in excess of $5,000.00.

    23973. Revocation or in the case of application for licensure, denial of licensure, and a $10,000.00 fine.

     

     

    24154. Involving healthcare fraud in dollar amounts of $5,000.00 or less.

    24274. A $10,000.00 administrative fine, suspension of the license, followed by a period of probation.

    24434. Revocation and a $10,000.00 fine.

     

    2450(i) Kickbacks or split fee arrangements.

    2456(Section 2457458.331(1)(i), F.S.2459);

    2460(Section 2461456.054, F.S.2463)

    2464(i) A refund of fees paid by or on behalf of the patient, and from six (6) months suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    2505(i) A refund of fees paid by or on behalf of the patient, and from a two (2) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    2547(j) Sexual misconduct

    2550(Section 2551458.331(1)(j), F.S.2553);

    2554(Section 2555458.329, F.S.2557);

    2558(Section 2559456.072(1)(v), F.S.2561)

    2562(j) From one (1) year suspension to be followed by a period of probation and a reprimand, and an administrative fine of $5,000.00 to revocation or denial and an administrative fine of $10,000.00.

    2597(j) Revocation.

     

    2599(k) Deceptive, untrue, or fraudulent representations in the practice of medicine.

    2610(Section 2611458.331(1)(k), F.S.2613);

    2614(Sections 2615456.072 2616(1)(a), (m), F.S.)

    2619(k) From probation to revocation or denial, and an administrative fine from $1,000.00 to $10,000.00.

    2636(k) From suspension, to be followed by a period of probation, to revocation or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    26611. Deceptive, untrue, or fraudulent representations in the practice of medicine involving healthcare fraud in dollar amounts in excess of $5,000.00.

    26831. Revocation or in the case of application for licensure, denial of licensure.

    26961. Revocation or denial and payment of a $10,000.00 fine.

     

    27072. Deceptive, untrue, or fraudulent representations in the practice of medicine involving healthcare fraud in dollar amounts of $5,000.00 or less.

    27292. A $10,000.00 administrative fine, suspension of the license, followed by a period of probation.

    27452. Revocation.

     

    2747(l) Improper solicitation of patients.

    2752(Section 2753458.331(1)(l), F.S.2755)

    2756(l) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    2784(l) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    2812(m) Failure to keep appropriate written medical records.

    2820(Section 2821458.331 2822(1)(m), F.S.)

    2824(m) From a reprimand to denial or two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $10,000.00.

    2848(m) From probation to suspension followed by probation or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    28681. Failure to keep appropriate written medical records involving healthcare fraud in dollar amounts in excess of $5,000.00.

    28871. Revocation or in the case of application for licensure, denial of licensure.

    29001. Revocation or denial and payment of a $10,000.00 fine.

     

    29112. Failure to keep appropriate written medical records involving healthcare fraud in dollar amounts of $5,000.00 or less.

    29302. A $10,000.00 administrative fine, suspension of the license, followed by a period of probation.

    29462. Revocation or denial.

     

    2950(n) Exercising influence on patient for financial gain.

    2958(Section 2959458.331(1)(n), F.S.2961);

    2962(Section 2963456.072(1)(n), F.S.2965)

    2966(n) Payment of fees paid by or on behalf of the patient and from probation to denial or two (2) years suspension, to be followed by a period of probation, and an administrative fine from $5,000.00 to $10,000.00.

    3006(n) Payment of fees paid by or on behalf of the patient and from suspension, to revocation or denial and an administrative fine of $10,000.00.

     

    3032(o) Improper advertising of pharmacy.

    3037(Section 3038458.331(1)(o), F.S.3040)

    3041(o) From a reprimand and $250.00 fine or denial to one year probation, to be followed by a period of probation, and an administrative fine from $250.00 to $5,000.00.

    3071(o) From probation, to suspension, to be followed by a period of probation, or denial and an administrative fine of $5,000.00 to $10,000.00.

     

    3096(p) Performing professional services not authorized by patient.

    3104(Section 3105458.331(1)(p), F.S.3107)

    3108(p) From a reprimand or denial to two (2) years suspension, to be followed by a period of probation and an administrative fine from $1,000.00 to $10,000.00.

    3137(p) From probation, to revocation or denial and an administrative fine of $5,000.00 to $10,000.00.

     

    3154(q) Inappropriate or excessive prescribing.

    3159(Section 3160458.331(1)(q), F.S.3162)

    3163(q) From one (1) year probation to revocation or denial and an administrative fine from $1,000.00 to 10,000.00.

    3183(q) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    3208(r) Prescribing or dispensing of a scheduled drug by the physician to himself.

    3221(Section 3222458.331(1)(r), F.S.3224)

    3225(r) From one (1) year probation to revocation or denial and an administrative fine from $1,000.00 to $5,000.00, and a mental and physical examination.

    3251(r) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00, and a mental and physical examination.

     

    3282(s) Inability to practice medicine with skill and safety.

    3291(Section 3292458.331(1)(s), F.S.3294)

    3295(s) From probation, to denial or indefinite suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation, and an administrative fine from $1,000.00 to $5,000.00.

    3330(s) From indefinite suspension, followed by probation, to suspension for a minimum of five (5) years or until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation, and an administrative fine from $5,000.00 to $10,000.00.

     

    3374(t) Failure to practice medicine in accordance with appropriate level of care, skill and treatment recognized in general law related to the practice of medicine.

    3399(Section 3400456.50(1)(g), F.S.3402);

    3403(Section 3404458.331(1)(t), F.S.3406)

    3407(t) From one (1) year probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    3427(t) From two (2) years probation to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    34471. Gross Malpractice.

    34501. From one (1) year suspension followed by three (3) years probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00 and licensee shall be subject to reexamination.

    34831. From suspension, to be followed by a period of probation or denial to revocation or denial and an administrative fine of $5,000.00 to $10,000.00, and an evaluation or reexamination by a physician evaluation program approved by the Board.

     

    35242. Repeated Malpractice as defined in Section 3531456.50, F.S.

    35332. Revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

     

     

    3547(u) Performing of experimental treatment without informed consent.

    3555(Section 3556458.331(1)(u), F.S.3558)

    3559(u) From one (1) year suspension, to be followed by a period of probation; to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    3587(u) Revocation or denial.

     

    3591(v) Practicing beyond scope permitted.

    3596(Section 3597458.331(1)(v), F.S.3599);

    3600(Section 3601456.072(1)(o), F.S.3603)

    3604(v) From two (2) years suspension; to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    3624(v) From suspension to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    3641(w) Delegation of professional responsibilities to unqualified person.

    3649(Section 3650458.331 3651(1)(w), F.S.);

    3653(Section 3654456.072(1)(p), F.S.3656)

    3657(w) From one (1) year probation, to denial or five (5) years suspension followed by probation, and an administrative fine from $1,000.00 to $10,000.00.

    3683(w) From suspension, to be followed by a period of probation; to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    3708(x)1. Violation of law, rule, or failure to comply with subpoena.

    3719(Sections 3720458.331(1)(x), 3721(nn), F.S.);

    3723(Sections 3724456.072(1) 3725(b), (q), F.S.)

    3728(x)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 and an administrative fine from $1,000.00 to $10,000.00.

    3766(x)1. From probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    37832. Violation of an order of the Board.

    3791(Section 3792458.331(1)(x), F.S.3794)

    37952. Reprimand and an administrative fine from $5,000.00 to $10,000.00, to revocation or denial based upon the severity of the offense and the potential for patient harm.

    38242. From suspension, to be followed by a period of probation, and a $10,000.00 fine or denial to revocation.

     

    38443. Failure to comply with any provision of rule 385364B8-8.019, 3854F.A.C.

    38553. From a $1,000.00 fine, letter of concern, demonstration of compliance with the rule or denial to a $5,000.00 fine, a reprimand, completion of a laws and rules course, a term of probation, demonstration of compliance with the rule or denial.

    38983. From a $7,500.00 fine, a reprimand, a term of probation, completion of a laws and rules course, demonstration of compliance with the rule or denial to a $10,000.00 fine and revocation.

     

    3932(y) Conspiring to restrict another from lawfully advertising services.

    3941(Section 3942458.331(1)(y), F.S.3944)

    3945(y) A reprimand or denial; and an administrative fine ranging from $1,000.00 to $5,000.00.

    3961(y) Probation or denial; and an administrative fine from $5,000.00 to $10,000.00.

     

    3975(z) Aiding an unlawful abortion.

    3980(Section 3981458.331(1)(z), F.S.3983)

    3984(z) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    4012(z) From suspension, to be followed by a period of probation; to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4037(aa) Presigning prescription forms.

    4041(Section 4042458.331(1)(aa), F.S.4044)

    4045(aa) From a reprimand to two (2) years probation, and an administrative fine from $1,000.00 to $5,000.00.

    4064(aa) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4089(bb) Prescribing a Schedule II substance for Office use.

    4098(Section 4099458.331(1)(bb), F.S.4101)

    4102(bb) From a reprimand to probation with CME in pharmacology, and an administrative fine from $1,000.00 to $5,000.00.

    4122(bb) From probation to suspension, to be followed by a period of probation, or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    4147(cc) Improper prescribing of Schedule II amphetamine or sympathomimetic amine drug.

    4158(Section 4159458.331(1)(cc), F.S.

    4161(cc) From probation, to denial or two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $10,000.00.

    4184(cc) From suspension, to be followed by a period of probation, to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    4213(dd) Failure to adequately supervise assisting personnel.

    4220(Section 4221458.331(1)(dd), F.S.4223)

    4224(dd) From probation to denial or two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $5,000.00.

    4247(dd) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4275(ee) Improper use of substances for muscle building or enhancement of athletic performance.

    4288(Section 4289458.331(1)(ee), F.S.4291)

    4292(ee) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $1,000.00 to $5,000.00.

    4320(ee) From suspension, to be followed by a period of probation, to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    4349(ff) Use of amygdalin (laetrile).

    4354(Section 4355458.331(1)(ff), F.S.4357)

    4358(ff) From one (1) year suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    4386(ff) From suspension, to be followed by a period of probation, to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    4415(gg) Misrepresenting or concealing a material fact.

    4422(Section 4423458.331(1)(gg), F.S.4425)

    4426(gg) From suspension, to be followed by a period of probation, to denial or revocation of license and an administrative fine from $1,000.00 to $5,000.00.

    4453(gg) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4478(hh) Improperly interfering with an investigation or a disciplinary proceeding.

    4488(Section 4489458.331(1)(hh), F.S.4491)

    4492(hh) From suspension, to be followed by a period of probation, to denial or revocation of license and payment of a $5,000.00 fine.

    4516(hh) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4541(ii) Failing to report any licensee in violation who practices in a hospital or an H.M.O.; or failing to report any person in violation of chapter 456, F.S.

    4569(Section 4570458.331(1)(ii), F.S.4572);

    4573(Section 4574456.072(1)(i), F.S.4576)

    4577(ii) From a reprimand to probation, or denial and an administrative fine from $1,000.00 to $5,000.00.

    4595(ii) From probation, to suspension, to be followed by a period of probation, or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    4620(jj) Providing written medical opinion without reasonable investigation.

    4628(Section 4629458.331(1)(jj), F.S.4631)

    4632(jj) From suspension, to be followed by a period of probation, to denial or revocation of license and payment of a $1,000.00 to $5,000.00 fine.

    4659(jj) From suspension, to be followed by a period of probation, to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    4688(kk) Failure to report disciplinary action by another jurisdiction.

    4697(Section 4698458.331(1)(kk), F.S.4700)

    4701(kk) From an administrative fine of $2,000.00 to a fine of $5,000.00 and a reprimand, to denial or revocation of license and payment of a $5,000.00.

    4730(kk) From probation, to suspension, to be followed by a period of probation, or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    4755(ll) Improper holding oneself out as a specialist.

    4763(Section 4764458.331(1)(ll), F.S.4766)

    4767(ll) From letter of concern, to one (1) year suspension, to be followed by a period of probation, or denial and an administrative fine from $500.00 to $5,000.00.

    4796(ll) From reprimand, to up to one (1) year suspension, to be followed by a perod of probation, or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    4826(mm) Failing to provide patients with information about patient rights and how to file a patient complaint.

    4843(Section 4844458.331(1)(mm), F.S.4846);

    4847(Section 4848456.072(1) 4849(t), F.S.)

    4851(mm) Corrective action for nonwillful violations.

    4857(mm) Administrative fine of up to $100.00 for the second and subsequent nonwillful violations; and an administrative fine from $250.00 to $500.00 for the second and subsequent willful violations with each intentional and willful violation a separate violation subject to said fine.

     

    4899(nn) Violating chapters 458, 456, F.S., or any rules adopted pursuant thereto.

    4911(Section 4912458.331(1)(nn), F.S.4914)

    4915(nn) From a reprimand, to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    4933(nn) From probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    4950(oo) Improper use of information about accident victims for commercial or any other solicitation of the people involved in such accidents.

    4971(Section 4972456.072(1)(x), F.S.4974)

    4975(oo) From an administrative fine of $1,000.00 to a fine of $5,000.00, reprimand and probation.

    4992(oo) From reprimand to up to one (1) year suspension or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    5014(pp) Theft or reproduction of an examination.

    5021(Section 5022456.018, F.S.5024)

    5025(pp) Revocation or denial.

     

     

    5029(qq) Violation of Patient Self Referral Act.

    5036(Section 5037456.053, F.S.5039)

    5040(qq) In addition to any civil penalty imposed pursuant to Section 5051456.053, F.S., 5053for each separate violation, from an administrative fine of $5,000.00 to an administrative fine of $10,000.00.

    5071(qq) From probation to suspension, to be followed by a period of probation, or denial, and an administrative fine from $5,000.00 to $10,000.00.

     

    5096(rr) Violation of medical director clinic responsibilities.

    5103(Section 456.0375(4)(c), F.S.)

    5106(rr) Based upon the severity of the offense and the potential for patient harm, from a letter of concern, to revocation and an administrative fine from $1,000.00 to $10,000.00.

    5137(rr) Restricted from serving as the medical director of any registered clinic and based upon the severity of the offense and the potential for patient harm, from a reprimand, to revocation and an administrative fine from $5,000.00 to $10,000.00.

     

    51781. Failure to file or renew registration form.

    51861. Notice of Non-Compliance if filed or renewed within 90 days.

    5197(See Rule 519964B8-8.011, 5200F.A.C.)

    52011. From a reprimand and a fine of $500 for each day the licensee served as director while the clinic was not registered, to permanent restriction on serving as a medical director.

     

    52332. Failure to display registration certificate.

    52392. Notice of Non-Compliance.

    5243(See Rule 524564B8-8.011, 5246F.A.C.)

    52472. Citation or a $2,000 fine.

    5254(See Rule 525664B8-8.017, 5257F.A.C.)

     

    52583. Failure to post signs identifying medical/clinical director in conspicuous location.

    52693. Notice of Non-Compliance.

    5273(See Rule 527564B8-8.011, 5276F.A.C.)

    52773. Citation.

    5279(See Rule 528164B8-8.017, 5282F.A.C.)

     

    52834. Failure to ensure that all health care practitioners employed at clinic have active, unencumbered license.

    52994. From probation, to revocation, and an administrative fine from $1,000.00 to $10,000.00.

    53144. From suspension, to be followed by a period of probation, to revocation, and an administrative fine from $5,000.00 to $10,000.00.

     

    53375. Failure to review patient referral contracts or agreements executed by clinic.

    53495. A refund of fees paid by or on behalf of the patient, and from an administrative fine of $1,000.00 to a reprimand, and an administrative fine of $5,000.00.

    53805. A refund of fees paid by or on behalf of the patient and from restriction of practice, and an administrative fine of $5,000.00 to a reprimand, and an administrative fine of $10,000.00.

     

    54156. Failure to ensure that all health care practitioners employed at clinic have active appropriate certification or licensure for the level of care being provided.

    54406. From probation, to revocation, and an administrative fine from $1,000.00 to $10,000.00.

    54556. From suspension, to be followed by a period of probation, to revocation, and an administrative fine from $5,000.00 to $10,000.00.

     

    54787. Failure to comply with section 5484456.057, F.S., 5486with regard to clinic records.

    54917. From a letter of concern to two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $5,000.00.

    55157. From a reprimand to two (2) years suspension followed by probation, and an administrative fine from $5,000.00 to $10,000.00.

     

    55378. Failure to ensure compliance with recordkeeping requirements.

    55458. From a letter of concern to two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $5,000.00.

    55698. From a reprimand to two (2) years suspension followed by probation and an administrative fine from $5,000.00 to $10,000.00.

     

    55919. Failure to ensure compliance with office surgery requirements.

    56009. From probation to revocation, and an administrative fine from $1,000.00 to $10,000.00.

    56159. From suspension, to be followed by a period of probation, to revocation, and an administrative fine from $5,000.00 to $10,000.00.

     

    563810. Failure to ensure compliance with adverse incident reporting requirements.

    564810. Notice of Non-Compliance if filed within 90 days.

    5657(See Rule 565964B8-8.011, 5660F.A.C.)

    566110. From a reprimand and a fine of $500 for each day the licensee served as director while the clinic was not registered, to permanent restriction on serving as a medical director.

     

    569311. Failure to conduct systematic reviews of clinic billings.

    570211. From a reprimand to two (2) years suspension followed by probation and an administrative fine from $1,000.00 to $10,000.00.

    572411. From probation to suspension followed by probation, and an administrative fine from $5,000.00 to $10,000.00.

     

    574212. Failure to take immediate corrective action upon discovery of unlawful billing.

    575412. A refund of fees paid by or on behalf of the patient and from six (6) months suspension, to be followed by a period of probation, to revocation, and an administrative fine from $1,000.00 to $10,000.00.

    579312. A refund of fees paid by or on behalf of the patient and from a two (2) year suspension, to be followed by a period of probation, to revocation, and an administrative fine from $5,000.00 to $10,000.00.

     

    583313. Serving as medical/clinical director for more registered clinics than provided by Department rule.

    584713. From probation to two (2) years suspension followed by probation, and an administrative fine from $1,000.00 to $5,000.00.

    586813. From one (1) year suspension, to be followed by a period of probation, to revocation, and an administrative fine from $5,000.00 to $10,000.00.

     

    5894(ss) Performing or attempting to perform health care services on the wrong patient, a wrong site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient’s diagnosis or medical condition.

    5935(Section 5936456.072(1) 5937(bb), F.S.)

    5939(ss) From a $1,000.00 fine, 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 to a $10,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, undergo a risk management assessment, a one (1) hour lecture on wrong-site surgery, and suspension to be followed by a term of probation.

    6014(ss) From a $10,000.00 fine, a reprimand, undergo a risk management assessment, and probation or denial to a $10,000.00 fine and revocation.

    6038(ss) From a $10,000.00 fine, a reprimand, undergo a competency evaluation, and suspension to be followed by a term of probation to a $10,000.00 fine and revocation.

    6067(tt) Leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures.

    6095(Section 6096456.072(1)(cc), F.S.6098)

    6099(tt) From a $2,000.00 to a $10,000.00 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.

    6144(tt) From a $10,000.00 fine, a reprimand and probation, or denial to revocation.

     

    6158(uu) For the practitioner(s) responsible for the adverse incident, failing to inform a patient, or an individual identified pursuant to Section 6179765.401(1), F.S., 6181in person about adverse incidents that result in serious harm to the patient.

    6194(Section 6195456.0575, F.S.6197)

    6198(uu) From a reprimand to probation, or denial and an administrative fine of $1,000 to $5,000.

    6216(uu) From probation, to suspension or denial and an administrative fine of $5,000 to $10,000.

     

    6233(vv) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients.

    6258(Section 6259456.072(1)(gg), F.S.6261)

    6262(vv) From one (1) year probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.

    6282(vv) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.

     

    6307(ww) Being terminated from a treatment program for impaired practitioners, for failure to comply with the terms of the monitoring or treatment contract or for not successfully completing any drug-treatment or alcohol-treatment program.

    6340(Section 6341456.072(1)(hh), F.S.6343)

    6344(ww) From suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $1,000.00 to $2,500.00, to revocation.

    6396(ww) From suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $2,500.00 to $10,000.00, to revocation.

     

    6448(xx) Being convicted of, or entering a plea of guilty or nolo contendere to any misdemeanor or felony, regardless of adjudication, under 647018 USC s. 669, 6474ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 649442 USC ss. 1320a-7b, 6498relating to the Medicaid program.

    6503(Section 6504456.072(1)(ii), F.S.6506)

    6507(xx) Revocation and a fine of $10,000.00, or in the case of application for licensure, denial of license.

     

     

    6526(yy) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

    6550(Section 6551456.072(1)(jj), F.S.6553)

    6554(yy) From a letter of concern to probation, and a fine of $500.00 to $5,000.00.

    6570(yy) From a reprimand to revocation, and a fine of $2,500.00 to $5,000.00.

     

    6585(zz) Being terminated from the state Medicaid program for cause, or any other state Medicaid program, or the federal Medicare program.

    6606(Section 6607456.072(1)(kk), F.S.6609)

    6610(zz) From a letter of concern to suspension, and a fine of $1,000.00 to $5,000.00.

    6627(zz) From a reprimand to revocation, and a fine of $5,000.00 to $10,000.00.

     

    6642(aaa) 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.

    6670(Section 6671456.072(1)(ll), F.S.6673)

    6674(aaa) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

     

     

    6693(bbb) A violation of rule 669864B8-9.0131, 6699F.A.C.

    6700(bbb) From probation for a term no less than two years and a fine of $5,000.00 to $10,000.00 to revocation.

    6722(bbb) From suspension for a minimum of one year, to be followed by a term of probation and a $10,000.00 fine to revocation.

     

    6746(ccc) A violation of Rule 675164B8-9.0132, 6752F.A.C.

    6753(ccc) From probation for a term no less than one year and a fine of $5,000.00 to $10,000.00 to revocation.

    6775(ccc) From suspension for a minimum of six months, to be followed by a term of probation and a $10,000.00 fine to revocation.

     

    6799(ddd) Registration of pain clinic by a designated physician through misrepresentation or fraud.

    6812(Section 6813458.331(1)(pp), F.S.6815)

     

     

     

    68161. For registering a pain clinic through misrepresentation.

    6824(Section 6825458.331(1)(pp)1., F.S.6827)

    68281. From a letter of concern to probation, and a fine of $1,000.00 to $5,000.00.

    68451. From a period of probation, to revocation, and a fine of $5,000.00 to $10,000.00.

     

    68622. For registering a pain clinic through fraud.

    6870(Section 6871458.331(1)(pp)1., F.S.6873)

    68742. Revocation and a $10,000.00 fine.

     

     

    6881(eee) Procuring or attempting to procure, the registration of a pain management clinic for any other person by making or causing to be made, any false representation.

    6908(Section 6909458.331(1)(pp)2., F.S.6911)

    6912(eee) Revocation and a $10,000.00 fine.

     

     

    6919(fff) Failing to comply with any requirement of chapter 499, F.S., the Florida Drug and Cosmetic Act; 21 U.S.C., ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 694721 U.S.C. ss. 821 6951et seq., the Drug Abuse Prevention Control Act; or chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act.

    6972(Section 6973458.331(1)(pp)3., F.S.6975)

    6976(fff) From a letter of concern to probation, and a fine of $1,000.00 to $5,000.00.

    6993(fff) From a reprimand to suspension, followed by a period of probation, and a fine of $5,000.00 to $10,000.00.

    7014(fff) From a reprimand to revocation, and a fine of $7,500.00 to $10,000.00 fine.

    7030(ggg) Being convicted of or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, or any other state, or of the United States.

    7073(Section 7074458.331(1)(pp)4., F.S.7076)

    7077(ggg) From probation to revocation, and an administrative fine ranging from $1,000.00 to $10,000.00.

    7093(ggg) From suspension to revocation, and 7099an administrative fine ranging from $5,000.00 to $10,000.00.

     

    7109(hhh) Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of Chapter 458, F.S.

    7142(Section 7143458.331(1)(pp)5., F.S.7145)

    7146(hhh) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging

    7190from $1,000.00 to $5,000.00.

    7196(hhh) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to revocation, and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    7231(iii) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to the practice of, or the ability to practice, a licensed health care profession.

    7266(Section 7267458.331(1)(pp)6., F.S.7269)

    7270(iii) From probation to revocation, and an administrative fine ranging from $1,000.00 to $10,000.00.

    7286(iii) From suspension to revocation, and 7292an administrative fine ranging from $5,000.00 to $10,000.00.

     

    7302(jjj) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud.

    7327(Section 7328458.331(1)(pp)7., F.S.7330)

     

     

     

    73311. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00.

    73621. Revocation and a fine of $10,000.00.

     

     

    73702. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less.

    74012. A $10,000.00 administrative fine, and suspension of the license, followed by a period of probation.

    74182. Revocation and a fine of $10,000.00.

     

    7426(kkk) Dispensing any medicinal drug based upon a communication that purports to be a presciption as defined in Section 7445465.003(14) 7446or 7447893.02, F.S., 7449if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relation ship.

    7472(Section 7473458.331(1)(pp)8., F.S.7475)

    7476(kkk) From a reprimand to revocation, and 7483an administrative fine ranging from $1,000.00 to $10,000.00.

    7493(kkk) From probation to revocation, and 7499an administrative fine ranging from $5,000.00 to $10,000.00.

     

    7509(lll) Failing to timely notify the Board of the date of his or her termination from a pain management clinic as required by section 7533458.3265(2), F.S.

    7535(Section 7536458.331(1)(pp)9., F.S.7538)

    7539(lll) From a letter of concern to probation, and 7548an administrative fine ranging from $1,000.00 to $5,000.00.

    7558(lll) From a reprimand  to suspension, followed by a period of probation, and 7571an administrative fine ranging from $5,000.00 to $10,000.00.

    7581(lll) From suspension, followed by a period of probation to revocation, an administrative fine of $10,000.00.

    7598(mmm) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of a physician’s electronic prescribing software or other methods for prescribing within 24 hours as required by Section 7637458.3265(2), F.S.

    7639(Section 7640458.331(1)(qq), F.S.7642)

    7643(mmm) From a letter of concern to probation, and an administrative fine ranging from $1,000.00 to $5,000.00.

    7662(mmm) From probation  to suspension, followed by a period of probation, and 7674an administrative fine ranging from $5,000.00 to $10,000.00.

    7684(mmm) From suspension, followed by a period of probation to revocation, an administrative fine of $10,000.00.

    7701(nnn) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in Chapter 893, F.S.

    7726(Section 7727458.331(1)(rr), F.S.7729)

    7730(nnn) From a letter of concern to one (1) year suspension, to be followed by a period of probation, and an administrative fine from $1,000.00 to $5,000.00.

    7759(nnn) From reprimand to up to one (1) year suspension, to be followed by a period of probation, and an administrative fine from $5,000.00 to $10,000.00.

     

    7787(ooo) Failure to comply with the controlled substance prescribing requirements of Section 7799456.44, F.S.

    7801(Section 7802456.0727803)(1)(mm), F.S.)

    7805(ooo) From a miminum of suspension 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 to revocation and an administrative fine in the amount of $10,000.00.

    7848(ooo) From a miminum of suspension of license for a period of one (1) year followed by a period of probation and an administrative fine in the amount of $10,000.00 to revocation and an administrative fine in the amount of $10,000.00.

     

    7891(ppp) Providing false or deceptive expert witness testimony related to the practice of medicine.

    7905(Section 7906458.331(1)(oo), F.S. 7908)

    7909(ppp) From a reprimand to revocation and an administrative fine from $5,000.00 to $10,000.00.

    7925(ppp) From suspension to revocation and an administrative fine from $7,500.00 to $10,000.00.

     

    7940(qqq) Failure to comply with the requirements of Section 7949390.0111(3), F.S., 7951regarding termination of pregnancies.

    7955(Section 7956456.0727957)(1)(k), F.S.)

    7959(qqq) From a letter of concern to a period of probation and an administrative fine in the amount of $1,000.00 to $2,500.00.

    7983(qqq) From a reprimand to suspension followed by a period of probation and an administrative fine in the amount of  $2,500.00 to $5,000.00.

    8008(qqq) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.

    8027(rrr) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of Section 8043465.0276, F.S.

    8045(Section 8046458.331(1)(ss), F.S.8048)

    8049(rrr) From probation to revocation and an administrative fine of $5,000.00 to $10,000.00.

    8064(rrr) From suspension to be followed by a term of probation to revocation and an administrative fine of $7,500.00 to $10,000.00.

     

    8087(sss) Willfully failing to comply with Section 627.64194 or 8096641.513, F.S., 8098with such frequency as to indicate a general business practice.

    8108(Section 8109458.331(1)(tt), F.S.8111)

    8112(sss) From a letter of concern to a reprimand and an administrative fine in the amount of $1,000.00 to $5,000.00.

    8134(sss) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.

     

    8153(ttt) Issuing a physician certification, as defined in Section 381.986, F.S., in a manner out of compliance with the requirements of that section and the rules adopted thereunder.

    8181(Section 8182458.331(1)(uu), F.S.8184)

    8185From probation to revocation or denial of the license and an administrative fine ranging from $1,000.00 to $5,000.00.

    8205From suspension to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

     

    8225(uuu) Failing to consult the prescription drug monitoring system, as required by Section 8238893.055(8), F.S.

    8240(Section 8241458.331(1)(g), F.S.8243)

    8244(uuu) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.

    8263(uuu) From a reprimand to suspension and an administrative fine from $2,500.00 to $5,000.00.

    8279(uuu) From suspension to revocation and an administrative fine of $5,000.00 to $10,000.00.

    8294(vvv) Failing to report adverse incidents occurring in planned out-of-hospital births as required by Section 456.0495, F.S.

    8311(Section 8312458.331(1)(g), F.S.8314)

    8315(vvv) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.

    8334(vvv) From a reprimand to suspension and an administrative fine of $2,500.00 to $5,000.00.

    8350(vvv) From suspension to revocation and an administrative fine of $5,000.00 to $10,000.00.

    8365(www) Performing a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery in an office that is not registered with the department pursuant to Section 458.328, F.S.

    8409(Section 8410458.331(1)(vv), F.S.8412)

    8413(www) From twelve (12) months probation to twelve (12) months suspension followed by a term of probation and an administrative fine of $5,000.00 per day.

    8439(www) From twelve (12) months suspension followed by a term of probation and permanent restriction from performing office surgery to revocation and an administrative fine of $5,000.00 per day.

    8469(www) From eighteen (18) months suspension followed by a term of probation and permanent restriction from performing office surgery to revocation and an administrative fine of $5,000.00 per day.

    8499(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:

    8537(a) Exposure of patient or public to injury or potential injury, physical or otherwise: none, slight, severe, or death;

    8556(b) Legal status at the time of the offense: no restraints, or legal constraints;

    8570(c) The number of counts or separate offenses established;

    8579(d) The number of times the same offense or offenses have previously been committed by the licensee or applicant;

    8598(e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;

    8615(f) Pecuniary benefit or self-gain inuring to the applicant or licensee;

    8626(g) The involvement in any violation of Section 8634458.331, F.S., 8636of the provision of controlled substances for trade, barter or sale, by a licensee. In such cases, the Board will deviate from the penalties recommended above and impose suspension or revocation of licensure.

    8669(h) Where a licensee has been charged with violating the standard of care pursuant to Section 8685458.331(1)(t), F.S., 8687but the licensee, who is also the records owner pursuant to Section 8699456.057(1), F.S., 8701fails to keep and/or produce the medical records.

    8709(i) Any other relevant mitigating factors.

    8715(4) It is the intent of the Board to notify applicants and licensees whom it regulates under Chapter 458, F.S., of the seriousness with which the Board deals with sexual misconduct in or related to the practice of medicine. In particular, the Board has identified those situations in which the sexual misconduct is predatory in its character because of the particular powerlessness or vulnerability of the patient, or because of the licensee’s history or manipulation of the physician/patient relationship. Therefore, it is the policy of the Board, where any one of the following aggravating conditions are present in a sexual misconduct case, to consider revocation as an appropriate penalty:

    8824(a) Where controlled substances have been prescribed, dispensed or administered inappropriately or excessively, or not in the course of the physician’s professional practice, or not in the patient’s best interests.

    8854(b) Where the relationship between the licensee and the patient involved psychiatric or psychological diagnosis or treatment.

    8871(c) Where the patient was under the influence of mind altering drugs or anesthesia at the time of any one incident of sexual misconduct.

    8895(d) Where the licensee is under suspension or probation at the time of the incident.

    8910(e) Where the licensee has any prior action taken against the authority to practice their profession by any authority, or a conviction in any jurisdiction, regardless of adjudication, relating to sexual misconduct, in appropriate relationships with patients, or sex-related crimes.

    8950(f) Where the patient is physically or mentally handicapped at the time of the incident.

    8965(g) Where the patient is a minor at the time of the incident.

    8978(h) Where the patient is an alien, whether legal or illegal; or a recipient of federal or state health care benefits, or state family aid at the time of the incident.

    9009(i) Where the patient has a history of child sexual abuse, domestic violence, or sexual dysfunction, which history is known to the licensee at the time of the sexual misconduct.

    9039(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 9079120.57(3), F.S.

    9081(6) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Department to send a letter of guidance pursuant to Section 455.621(3), F.S., in any case for which it finds such action appropriate.

    9133(7) When imposing a penalty or a condition of licensure that requires an impaired, or potentially impaired, licensee to demonstrate that he or she is able to practice with reasonable skill and safety, the licensee must undergo an evaluation conducted under the auspices of the Department of Health approved consultant that has been retained to provide the Board services pursuant to Section 9195456.076, F.S.

    9197(8) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate.

    9236Rulemaking Authority 9238456.079, 9239458.309, 9240458.331(5) FS. 9242Law Implemented 381.986(3)(a), 9245456.50(2), 9246456.0575, 9247456.072, 9248456.079, 9249458.331(5) FS. 9251History–New 12-5-79, Formerly 21M-20.01, Amended 1-11-87, 6-20-90, Formerly 21M-20.001, Amended 11-4-93, Formerly 61F6-20.001, Amended 6-24-96, 12-22-96, Formerly 59R-8.001, Amended 5-14-98, 12-28-99, 1-31-01, 7-10-01, 6-4-02, 9-10-02, 12-11-02, 8-20-03, 6-7-04, 8-17-04, 1-4-06, 8-13-06, 8-29-06, 11-22-06, 1-30-07, 2-18-09, 12-22-09, 7-27-10, 6-21-11, 12-27-11, 4-22-12, 5-28-12, 1-1-15, 11-9-16, 4-30-18, 8-15-18, 8-28-18, 12-12-19, 3-2-20.