RULE NO.:RULE TITLE:
64B18-14.002Disciplinary Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 90, May 9, 2016 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and by a discussion and vote by the Board at its September 9, 2016 meeting. The rule shall now read as follows:
64B18-14.002 Disciplinary Guidelines.
(1) No change.
VIOLATION
FIRST OFFENSE
SECOND OFFENSE
(a) Practicing or attempting to practice podiatric medicine or advertising podiatric services in this State without an active license to practice podiatric medicine pursuant to Chapter 461, F.S., or with a license fraudulently obtained. (461.012(1)(a) and (b), F.S.)
In the case of an applicant, the Board shall deny the application and impose a $10,000 fine. In the case of a licensee who has obtained or attempted to obtain a license by fraud, the Board shall impose probation to revocation and a fine of $10,000. In the case of a licensee who has practiced, attempted to practice, or advertised while holding an inactive or delinquent license, the Board shall impose a reprimand with or without a period of suspension and a fine of $10,000.
(b) Using or attempting to use a license to practice podiatric medicine which has been suspended. (456.072(1)(b) and 461.012(1)(c), F.S.)
The Board shall impose a penalty of revocation.
(c) Selling or fraudulently obtaining or furnishing any podiatry diploma, license, or record of registration or aiding or abetting in the same. (461.012(2)(a), F.S.)
The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $8,000. In the case of an applicant, the Board shall deny the application and impose a $8,000 fine.
The Board in the case of a licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000. In the case of an applicant, the Board shall deny the application and impose a $10,000 fine.
(d) Making any willfully false oath or affirmation whenever an oath or affirmation is required by Chapter 461, F.S. (461.012(2)(b), F.S.)
The Board in the case of licensee shall impose a penalty ranging from suspension to revocation and a fine of $8,000. In the case of an applicant, the Board shall also deny the application in addition to the $8,000 fine.
The Board in the case of licensee shall impose a penalty ranging from suspension to revocation and a fine of $10,000. In the case of an applicant, the Board shall also deny the application in addition to the $10,000 fine.
(e) Using the name or title “Podiatrist,” “Doctor of Podiatry,” “Doctor of Podiatric Medicine,” or using the phrase “foot clinic,” “foot doctor,” “quiropedista Podiatric Technician,” or any other name, title, or phrase which would lead the public to believe that such person is engaging in the practice of podiatric medicine, unless such person is licensed as a podiatric physician in this State. (461.012(2)(c), F.S.)
The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000 to $8,000. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $8,000 fine shall be imposed in addition to other actions.
The Board in the case of a licensee shall impose a penalty ranging from a reprimand to suspension, and a fine of $1,000 to $10,000. In the case of an applicant, the Board shall deny the application. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000 fine shall be imposed in addition to other actions.
(f) Knowingly concealing information relative to a violation of Chapter 461, F.S. (461.012(2)(d), F.S.)
The Board in the case of a licensee shall impose a penalty ranging from a reprimand to probation, and an administrative fine from $500 to $2,000. In the case of an applicant, the Board shall deny the application.
The Board in the case of a licensee shall impose a penalty ranging from probation to revocation, and an administrative fine from $500 to $10,000. In the case of an applicant, the Board shall deny the application.
(2) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon an applicant or licensee whom it regulates under Chapter 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either Section 461.012 or 456.072, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 461, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
VIOLATION
FIRST OFFENSE
SECOND OFFENSE
MINIMUM
MAXIMUM
(g)(a) Attempting to obtain, obtaining or renewing a license to practice podiatric medicine by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board. (461.013(1)(a), F.S.)
In the case of an applicant, the Board shall deny the application and impose a fine of $10,000, if fraud. In the case of a licensee, the Board shall impose a penalty of a reprimand to revocation and a fine of $500 to $8,000, and referral for criminal investigation, if bribery; a $10,000 fine if fraudulent misrepresentation; and a reprimand and fine of $500 to $1,000 if error of Department.
In the case of an applicant, the Board shall deny the application and impose a fine of $10,000, if fraud. In the case of a licensee, the Board shall impose a penalty of a reprimand to revocation and a fine of $500 to $10,000, and referral for criminal investigation, if bribery; a $10,000 fine if fraudulent misrepresentation; and a reprimand and fine of $500 to $1,000 if error of Department.
(h)(b) Having a license to practice podiatric medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (461.013(1)(b), F.S.)
In the case of a licensee, the Board shall impose a penalty that parallels the action taken by the other jurisdiction and a fine from $500 to $8,000, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.
In the case of a licensee, the Board shall impose a penalty that parallels the action taken by the other jurisdiction and a $10,000 fine, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.
(i)(c) Being convicted or found guilty, including any plea of nolo contendere, regardless of adjudication, of a crime in any jurisdiction which directly related to the practice of podiatric medicine or the ability to practice podiatric medicine. (461.013(1)(c), F.S.)
In the case of a licensee, the Board shall impose a penalty ranging from probation to revocation and a fine of $1,000 to $8,000, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.
In the case of a licensee, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000, depending upon the nature of the offense and the substantiating evidence. In the case of an applicant, the Board shall deny the application.
(j)(d) Advertising in a manner which is false, deceptive or misleading. (461.013(1)(d), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000.
The Board shall impose a penalty ranging from reprimand to probation and a fine of $10,000.
(k)(e) Advertising, practicing or attempting to practice under a name other than one’s own. (461.013(1)(e), F.S.)
The Board shall impose a penalty ranging from reprimand to suspension and a fine from $1,000 to $5,000. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000 fine shall be imposed in addition to other actions.
The Board shall impose a penalty ranging from reprimand to suspension and a fine $1,000 to $10,000. If fraud, making a false or fraudulent representation is alleged and shown, a $10,000 fine shall be imposed in addition to other actions.
(l)(f) Failing to report to the Department any person the licensee knows to be in violation of Chapter 461, F.S., or the rules of the Board or Department. (461.013(1)(f), F.S.)
The Board shall impose a penalty of a reprimand and a fine of $500 to $2,000.
The Board shall impose a penalty of a reprimand and a fine of $2,000 to $10,000.
(m)(g) Aiding, assisting, procuring, permitting or advising any unlicensed person to practice podiatric medicine contrary to Chapter 461, F.S., or the rules of the Board or Department. (461.013(1)(g), F.S.)
The Board shall impose a penalty of probation to suspension and a fine from $1,000 to $5,000. In the case of an applicant, the Board shall deny the application.
The Board shall impose a penalty of probation to suspension and a fine from $5,000 to $10,000. In the case of an applicant, the Board shall deny the application.
(n)(h) Failing to perform any statutory or legal obligation placed upon a licensed podiatric physician. (461.013(1)(h), F.S.)
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $5,000 to $8,000.
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $5,000 to $10,000.
(o)(i) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed podiatric physician. (461.013(1)(i), F.S.)
If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $2,500 to $5,000. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $8,000.
If negligent, the Board shall impose a penalty ranging from reprimand to probation and a fine of $10,000. If fraud, the Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.
(p)(j) Paying or receiving any commission, bonus, kickback, rebate or engaging in any split‑fee arrangement in any form whatsoever with a physician, organization, agency or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies. (461.013(1)(cc) through 456.054, F.S.)
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $10,000.
(q)(k) Making misleading, deceptive, untrue or fraudulent representations in the practice of podiatric medicine or employing a trick or scheme in the practice of podiatric medicine when such scheme or trick fails to conform to the generally prevailing standards of treatment in the podiatric community. (461.013(1)(j) and 456.072(2)(d), F.S.)
The Board shall impose a penalty ranging from probation to suspension and a fine of $10,000 5,000.
The Board shall impose a penalty ranging from probation to suspension and a fine of $10,000.
(r)(l) Soliciting patients either personally or through an agent. (461.013(1)(k), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $500 to $2,000.
The Board shall impose a penalty ranging from reprimand to probation and a fine of $2,000 to $10,000.
(s)(m) Failing to keep written medical records justifying the course of treatment of the patient. (461.013(1)(l), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $500 to $2,000.
The Board shall impose a penalty ranging from reprimand to probation and a fine of $2,000 to $10,000.
(t)(n) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party. (461.013(1)(m), F.S.)
The Board shall impose a penalty ranging from probation to suspension and a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000 to $10,000.
(u)(o) Performing professional services which have not been duly authorized by the patient or client or his legal representative. (461.013(1)(n), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000 to $10,000.
(v)(p) Prescribing, dispensing, administering, mixing or otherwise preparing a legend drug, including all controlled substances, other than in the course of the podiatric physician’s professional practice. (456.072(7) and 461.013(1)(o), F.S.)
The Board shall impose a penalty of 6 months suspension and $10,000 fine ranging from probation to revocation and a fine of $1,000 to $10,000.
The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.
(w)(q) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in Chapter 893, F.S., by the podiatric physician to himself except those prescribed, dispensed or administered to the podiatric physician by another practitioner authorized to prescribe, dispense or administer them. (461.013(1)(p), F.S.)
The Board shall impose a penalty ranging from probation to suspension and a fine of $1,000 to $8,000.
The Board shall impose a penalty ranging from probation to suspension to revocation and a fine of $10,000.
(x)(r) Prescribing, ordering, dispensing, administering, supplying, selling or giving amphetamine or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to Chapter 893, F.S. (461.013(1)(q), F.S.)
The Board shall impose a penalty ranging from suspension to revocation and a fine of $1,000 to $8,000.
The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000.
(y)(s) Being unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, or use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition. (461.013(1)(r), F.S.)
The Board shall impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board and a fine from $1,000 to $5,000. If the individual is an applicant, the Board shall deny the application.
The Board shall impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board and a fine from $5,000 to $10,000. If the individual is an applicant, the Board shall deny the application.
(z)(t) Gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances. (461.013(1)(s) and 456.072(7), F.S.)
The Board shall impose a penalty of suspension and a fine of $10,000 ranging from probation to revocation and a fine of $1,000 to $8,000, depending on the severity of the offense.
The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000 to $10,000, depending on the severity of the offense.
(aa)(u) Performing any procedure or prescribing any therapy which, by prevailing standards of podiatric practice in the community, would constitute experimentation on human subjects without first obtaining full, informed, and written consent. (461.013(1)(t), F.S.)
The Board shall impose a penalty ranging from probation to revocation and a fine of $1,000 to $8,000.
The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000 to $10,000.
(bb)(v) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform. (461.013(1)(u), F.S.)
The Board shall impose a penalty ranging from probation to revocation and a fine of $1,000 to $8,000, depending on the severity of the offense.
The Board shall impose a penalty ranging from probation to revocation and a fine of $8,000 to $10,000, depending on the severity of the offense.
(cc)(w) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience or licensure to perform them. (461.013(1)(v), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $500 to $5,000.
The Board shall impose a penalty ranging from reprimand to probation and a fine of $5,000 to $10,000.
(dd)(x) Violating any provision of Chapter 461 or 456, F.S., or any rule of the Board or Department. (456.072(1)(dd) and 461.013(1)(cc), F.S.)
The Board shall impose a penalty ranging from a fine of $1,000 to $8,000, and probation or suspension if a practice issue is involved or denial of license, if an applicant.
The Board shall impose a penalty ranging from a fine of $8,000 to $10,000, and probation or suspension if a practice issue is involved or denial of license, if an applicant.
(ee)(y) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate or preclude another licensee from lawfully advertising his services. (461.013(1)(x), F.S.)
The Board shall impose a penalty of reprimand to probation and a fine of $500 to $1,500.
The Board shall impose a penalty of reprimand to probation and a fine of $2,000 to $10,000.
(ff)(z) Prescribing, ordering, dispensing, administering, supplying, selling or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. (461.013(1)(y), F.S.)
The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000 to $8,000.
The Board shall impose a penalty ranging from probation to suspension and a fine of $8,000 to $10,000.
(gg)(aa) Fraud, deceit, or misconduct in the practice of podiatric medicine. (461.013(1)(z), F.S.)
The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $5,000, to $10,000 8,000 if fraud is alleged.
The Board shall impose a penalty depending on the severity of the offense ranging from probation to revocation and a fine of $8,000, to $10,000 if fraud is alleged.
(hh)(bb) Failure to report to the Department any licensee under Chapter 458 or 459, F.S., for violations of disciplinary provisions of their laws and rules. (461.013(1)(i) and 461.013(1)(aa), F.S.)
In the case of a licensee, the Board shall impose a penalty of a reprimand and an administrative fine of $500 to $2,000.
In the case of a licensee, the Board shall impose a penalty of a reprimand and an administrative fine of $2,000 to $5,000.
(ii)(cc) Failure to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information regarding their patient rights and how to file a complaint. (461.013(1)(bb), F.S.)
In the case of a licensee, the Board shall impose a penalty of a reprimand to probation and an administrative fine from $250 to $1,000.
In the case of a licensee, the Board shall impose a penalty of a reprimand to probation and an administrative fine from $2,000 to $5,000.
(jj)(dd) Failure to comply with HIV/AIDS education requirement. (456.072(1)(e), F.S.)
The Board shall impose an administrative fine from $500 to $1,000.
The Board shall impose a reprimand and an administrative fine from $2,000 to $5,000.
(kk)(ee) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee. (456.072(1)(g), F.S.)
The Board shall impose a penalty ranging from probation to suspension and a fine of $500 to $1,000.
The Board shall impose a penalty ranging from probation to suspension and a fine of $5,000.
(ll)(ff) Engaging or attempting to engage a patient or client in sexual misconduct as defined in s. 456.063(1), F.S. (456.072(1)(v), F.S.)
The Board shall impose a penalty ranging from probation to revocation and a fine of $5,000 to $8,000.
The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.
(mm)(gg) Failure to comply with the requirements of profiling or credentialing. (456.072(1)(w), F.S.)
The Board shall impose an administrative fine from $500 to $1,000.
The Board shall impose a reprimand and an administrative fine from $1,000 to $5,000.
(nn)(hh) Failure to report a criminal conviction or plea to the Board in writing within 30 days. (456.072(1)(x), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a $500 to $1,000 administrative fine.
The Board shall impose a penalty ranging from reprimand to probation and a $2,000 to $5,000 administrative fine.
(oo)(ii) Using information about people involved in motor vehicle accidents which has been derived from accident reports, etc. for solicitation of business. (456.072(1)(y), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and an administrative fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to probation and an administrative fine of $5,000 to $10,000.
(pp)(jj) Sexual misconduct as defined in s. 456.063(1), F.S., other than involving a patient or client (456.072(1)(v), F.S.)
The Board shall impose a penalty ranging from probation to revocation and a fine of $5,000 to $8,000.
The Board shall impose a penalty ranging from probation to revocation and a fine of $10,000.
(qq)(kk) Testing positive on a preemployment drug screen without lawful prescription for indicated drug. (456.072(1)(aa), F.S.)
The Board shall impose a $500 fine and refer the licensee to PRN for screening and possible treatment if medically necessary.
The Board shall impose a $2,000 fine and refer the licensee to PRN for screening and possible treatment if medically necessary.
(rr)(ll) Performing health care services on the wrong patient, wrong site, wrong or unauthorized procedure. (456.072(1)(bb), F.S.)
The Board shall impose a penalty ranging from reprimand to suspension, require continuing medical education, and impose a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to suspension, require continuing medical education, and impose a fine of $5,000 to $10,000.
(ss)(mm) Leaving an undisclosed foreign object in patient. (456.072(1)(cc), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to probation, require continuing education, and a fine of $5,000 to $10,000.
(tt)(nn) Failure to complete the two hour course on medical errors. (456.013(7), F.S.)
The Board shall impose a fine of $500 to $1,000.
The Board shall impose a fine of $1,000 to $5,000.
(uu)(oo) Using a Class III or Class IV laser device or product, as defined by federal regulations, without having complied with the rules adopted pursuant to Section 501.122(2), F.S., governing the registration of such devices with the Department of Health and Rehabilitative Services. (456.072(1)(d), F.S.)
The Board shall impose a penalty ranging from reprimand to probation and a fine of $250 to $1,000.
The Board shall impose a penalty ranging from reprimand up to probation, require continuing education in lasers and a fine of $1,000 to $5,000.
(vv)(pp) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (456.072(1)(r), F.S.)
The Board shall impose a penalty ranging from suspension to revocation and a fine of $1,000 to $8,000.
The Board shall impose a penalty ranging from suspension up to revocation and a fine of $10,000.
(ww)(qq) Failure to report sexual misconduct as required by s. 456.063 F.S. 456.072(1)(l) F.S.
The Board shall impose a penalty of reprimand and a fine of $500 1,000 to $1,000 10,000.
The Board shall impose a penalty of probation up to suspension and a fine of $1,000 to $5,000.
(xx)(rr) Failure to submit or update required information. (456.039(3)(b), F.S.)
The Board shall impose a penalty ranging from a reprimand up to probation plus a fine from $500 to $2,500 pursuant to Section 456.039(3)(b), F.S.
The Board shall impose a penalty ranging from a reprimand up to probation plus a fine of $2,500 to $5,000.00 pursuant to Section 456.039(3)(b), F.S.
(yy)(ss) Termination from impaired practitioner treatment program. (456.072(1)(hh), F.S.)
The Board shall impose a penalty of suspension until individual proves ability to practice with reasonable skill and safety.
The Board shall impose a penalty of suspension until individual proves ability to practice with reasonable skill and safety to revocation.
(zz)(tt) Failure to comply with a lawful order of the Board. (456.072(1)(q) and 461.013(1)(n), F.S.)
The Board shall impose a penalty of suspension until compliance and payment of fine from $500.00 to $1,000.00.
The Board shall impose a penalty of suspension until compliance and payment of fine from $1,000.00 to $5,000.00.
(aaa)(uu) Failure to provide the licensee’s current mailing address and/or place of practice last known address of record pursuant to Section 456.035(1), F.S.,
The Board shall impose a reprimand and payment of fine from $500.00 to $2,000.00.
The Board shall impose a penalty of suspension until compliance and payment of a fine from $2,000.00 to $5,000.00.
(bbb)(vv) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, to any of the acts set forth in Section 456.072(1)(ii), F.S., relating to the Medicaid program.,
The Board shall impose a penalty ranging from suspension to revocation and a fine of $1,000 to $10,000 8,000.
The Board shall impose a penalty ranging from suspension to revocation and a fine of $8,000 to 10,000.
(ccc)(ww) Failing 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. (456.072(1)(jj), F.S.)
The Board shall impose a penalty ranging from a reprimand to suspension and a fine from $2,500 to $5,000.
The Board shall impose a penalty ranging from a reprimand to suspension and a fine of $5,000 to $10,000.
(ddd)(xx) Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any 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., (456.072(1)(kk), F.S.)
The Board shall impose a penalty ranging from a reprimand to revocation and a fine of $10,000 8,000 according to the nature of the offense and the substantiating evidence.
The Board shall impose a penalty ranging from a reprimand to revocation and a fine of $10,000, according to the nature of the offense and the substantiating evidence.
(eee)(yy) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud., (456.072(1)(ll), F.S.)
The Board shall impose a penalty ranging from suspension to revocation and a fine of $2,500 to $8,000, per count.
The Board shall impose a penalty ranging from suspension to revocation, require continuing education, and a fine of $8,000 to $10,000, per count.
(fff)(aaa) Authorizing or directing a person, not certified pursuant to 461.0135, F.S. to operate X-ray equipment, in violation of 461.0132(2)(v) or 456.072(1)(j), F.S.
The Board shall impose a penalty of reprimand and a fine of $250.
The Board shall impose a penalty of reprimand up to suspension and a fine of $500 to $2,000.
(ggg)(bbb) 456.072(1)(ee), F.S.: With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in s. 627.732.
The Board shall impose a penalty of reprimand to probation and an administrative fine of $1,000 to $2,500.
The Board shall impose a penalty of reprimand up to revocation and an administrative fine of $2,500 to $10,000.
(hhh)(ccc) 456.072(1)(mm), F.S.: Failure to comply with controlled substance prescribing requirements of s. 456.44.
The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $250.
The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $500 to $2,000.
(iii)(ddd) 456.072(1)(nn), F.S.: Violating any of the provisions of s. 790.338.
The Board shall impose a penalty of reprimand and a fine of $250.
The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $1,000.
Rulemaking Authority 456.039(3), 456.072, 456.073(3), 456.079, 461.003, 461.005, 461.013 FS. Law Implemented 456.033, 456.053, 456.062, 456.063, 456.067, 456.072, 456.073(3), 456.079, 461.012, 461.013 FS. History–New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony B. Spivey, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257
