The Board proposes a rule amendment that updates and clarifies disciplinary guidelines and sets forth new disciplinary guidelines for telehealth violations.

 

DEPARTMENT OF HEALTH

Board of Physical Therapy Practice

RULE NO.:RULE TITLE:

64B17-7.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes a rule amendment that updates and clarifies disciplinary guidelines and sets forth new disciplinary guidelines for telehealth violations.

SUMMARY: The proposed rule amendment updates and standardizes disciplinary guidelines in a new format and adds telehealth disciplinary guidelines.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.036, 456.072, 456.079, 486.025 FS.

LAW IMPLEMENTED: 456.072, 456.073, 456.079, 486.125 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Physical Therapy Practice, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3252, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 64B17-7.001 follows. See Florida Administrative Code for present text.

64B17-7.001 Disciplinary Guidelines.

(1) When the Board finds that an applicant or licensee whom it regulates under Chapter 486 or Section 456.47, F.S., has violated the below-listed provisions, it shall issue a final order imposing appropriate penalties for each count or separate offense, as set forth in Section 456.072(2), F.S., within the ranges recommended in the following disciplinary guidelines.  As part of a final order imposing appropriate penalties, the Board shall consider requiring an applicant or licensee to attend Board meetings, perform community service, take described continuing education courses, or take and pass the applicable jurisprudence examination. The identification of offenses is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. For Florida licensees, probation may include specific compliance conditions, and conditions of probation may be required following any period of suspension of license. For out-of-state telehealth registrants, a suspension of practice may include a corrective action plan. A corrective action plan may include continuing education, passage of the Florida laws and rules exam, monitored practice, restricted practice, periodic reports to the Board, an appearance before the Board, restitution, or other corrective action deemed necessary by the Board for the health, safety, and welfare of the public. For Florida applicants, all offenses listed herein are sufficient for refusal to certify an application for licensure. If the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of any guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000 per count or offense.

 

(a) Section 486.125(1)(a) or 456.072(1)(z), F.S.: Unable to practice with reasonable skill and safety.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine, three (3) years of probation, and referral for a PRN evaluation	$5,000 fine, suspension for one (1) year followed by up to five (5) years of probation
Second and Subsequent Offenses	$2,000 fine, five (5) years of probation, and referral for a PRN evaluation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense and Subsequent Offenses	Suspension for a minimum of one year; thereafter continued suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan	Revocation

 

(b) Section 486.125(1)(b): Obtain license or telehealth registration by deceit, or Section 456.072(1)(h): Obtain or renew license or telehealth registration by bribery, fraudulent misrepresentation, or an error of the department or the Board.

	MINIMUM	MAXIMUM
First Offense (Deceit/Bribery)	$500 fine and/or up to two (2) years of probation	$5,000 fine and/or revocation
Second and Subsequent Offenses (Deceit/Bribery)	$5,000 fine and/or up to two (2) years of probation	$7,500 fine and/or revocation
First Offense (Fraudulent Misrepresentation)	$10,000 fine and six (6) months of probation	$10,000 fine and revocation
Second and Subsequent Offenses (Fraudulent Misrepresentation)	$10,000 fine and revocation	$10,000 fine and revocation
First Offense (Dep’t or Board Error)	Letter of concern and/or $500 fine	Revocation
Second and Subsequent Offenses (Dep’t or Board Error)	$5,000 fine	Revocation
Telehealth Registrants:
First and Subsequent Offenses (Deceit/Bribery)	Two (2) years suspension with a corrective action plan	Revocation
Second and Subsequent Offenses (Deceit/Bribery)	Three (3) years suspension with a corrective action plan	Revocation
First Offense (Fraudulent Misrepresentation)	Five (5) years suspension with a corrective action plan	Revocation
Second Offense (Fraud Misrepresentation)	Revocation	Revocation
First Offense (Dep’t or Board Error)	Letter of Concern	Revocation
Second and Subsequent Offenses (Dep’t or Board Error)	Reprimand	Revocation

 

(c) Section 486.125(1)(c) or 456.072(1)(c), F.S.: Guilty or convicted of a crime that relates to the practice or the ability to practice.

	MINIMUM	MAXIMUM
First Misdemeanor Offense	$1,500 fine and six (6) months of probation	$5,000 fine and a one (1) year suspension with conditions
Second and Subsequent Misdemeanor Offenses	$2,500 fine and one (1) year of probation	$10,000 fine and/or revocation
First Felony Offense	$5,000 fine and two (2) years of probation	$10,000 fine and/or revocation
Second and Subsequent Felony Offenses	Revocation	Revocation
Telehealth Registrants:
First Misdemeanor Offense	Six (6) months suspension	Two (2) years suspension with a corrective action plan
Second and Subsequent Misdemeanor Offenses	One (1) year suspension with a corrective action plan	Five (5) year suspension and a corrective action plan
First Felony Offense	Five (5) years suspension with a corrective action plan	Revocation
Second and Subsequent Felony Offenses	Revocation	Revocation

 

(d) Section 486.125(1)(d), F.S.: Treatment of ailments by means other than physical therapy.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and one (1) year of probation	$5,000 fine and one (1) year suspension followed by probation
Second and Subsequent Offenses	$2,000 fine and one (1) year of probation	$8,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second and Subsequent Offenses	Five (5) years suspension	Revocation

 

(e) Section 486.125(1)(e) or 456.072(1)(b), F.S.: Failure to maintain acceptable standards of practice as set forth in Board rules.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and letter of concern	$6,000 fine and/or two (2) years of suspension followed by two (2) years of probation
Second Offense	$2,000 fine and six (6) months of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second Offense	Five (5) years suspension with a corrective action plan	Revocation

 

(f) Section 486.125(1)(f) or 456.072(1)(dd) through a violation of 456.054, F.S.: Engage in unlawful fee splitting or solicitation.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or one (1)  year of probation	$8,000 fine and/or revocation
Second and Subsequent Offenses	$5,000 fine and/or six (6) months suspension	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Two (2) years suspension with a corrective action plan	Five (5) years suspension with a corrective action plan or revocation
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(g) Section 486.125(1)(g) or 456.072(1)(f), F.S.: License acted against in another jurisdiction.

	MINIMUM	MAXIMUM
First and Subsequent Offenses	Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida	Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida
Telehealth Registrants:
First and Subsequent Offenses	Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida	Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida

 

(h) Section 486.125(1)(h) or 456.072(1)(q), F.S.: Violation of an order or subpoena.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and a letter of concern	$10,000 fine and/or revocation
Second and Subsequent Offenses	$5,000 fine and/or two (2) years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Six (6) months suspension with a corrective action plan; compliance within 30 days	Two (2) years suspension with a corrective action plan; compliance within 30 days; and/or revocation
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan; compliance within 30 days	Revocation

 

(i) Section 486.125(1)(i) or 456.072(1)(l), F.S.: Negligent filing of false report; Willful filing of false report, impeding, or inducing another to file false report.

	MINIMUM	MAXIMUM
First Negligent Offense	$1,000 fine	$5,000 fine and two (2) years of probation
Second Negligent Offense	$2,500 fine and a reprimand	$10,000 fine and/or two (2) years suspension followed by two years of probation
Third and Subsequent Negligent Offenses	$5,000 fine and/or six (6) months suspension followed by two (2) years of probation	$10,000 fine and/or revocation
First Willful Offense	$5,000 fine and/or six (6) months suspension followed by six (6) months of probation	$10,000 fine and/or Revocation
Second and Subsequent Willful Offenses	$10,000 fine and/or suspension for two (2) years followed by two years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Negligent Offense	One (1) month suspension with a corrective action plan	Six (6) months suspension with a corrective action plan
Second Negligent Offense	One (1) year suspension with a corrective action plan	Six (6) months suspension with a corrective action plan
Third and Subsequent Negligent Offenses	Five (5) years suspension with a corrective action plan	Revocation
First Willful Offense	Five (5) years suspension with a corrective action plan	Revocation
Second and Subsequent Willful Offenses	Revocation	Revocation

 

(j) Section 486.125(1)(j) or 456.072(1)(o), F.S.: Practice or offer to practice beyond the scope permitted or competent to perform.

	MINIMUM	MAXIMUM
First Offense	$2,500 fine and/or one (1) year of probation	$10,000 fine and two (2) year suspension followed by two (2) years of probation
Second and Subsequent Offenses	$5,000 fine and/or six (6) months suspension followed by one year of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(k) Section 486.125(1)(k) or 456.072(1)(dd), F.S.: Violation of this chapter, Chapter 456, F.S., or any rules adopted pursuant thereto.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or a letter of concern	$5,000 fine and/or two (2) year suspension followed by two (2) years of probation
Second Offense	$5,000 fine and/or two (2) years of probation	$10,000 fine and/or revocation
Subsequent Offenses	$7,500 fine and/or six (6) months of suspension followed by probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Six (6) months suspension with a corrective action plan	Revocation
Second Offense	Two (2) years suspension with a corrective action plan	Revocation
Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(l) Section 486.125(1)(b): Commit fraud in the practice of physical therapy, or Section 456.072(1)(a), F.S.: make misleading, deceptive, or fraudulent representations in or related to the practice.

	MINIMUM	MAXIMUM
First Offense (Misleading or Deceptive Practice)	$2,000 fine and six (6) months of probation	$5,000 fine and/or revocation
Second and Subsequent Offenses (Misleading or Deceptive Practice)	$5,000 fine and three (3) years probation	$7,500 fine and revocation
First Offense (Fraudulent Practice)	$10,000 fine and six (6) months of probation	$10,000 fine and/or revocation
Second and Subsequent Offenses (Fraudulent Practice)	$10,000 fine and three (3) years probation	$10,000 fine and revocation
Telehealth Registrants:
First Offense (Misleading or Deceptive Practice)	One (1) year suspension with a corrective action plan	Revocation
Second and Subsequent Offenses (Misleading or Deceptive Practice)	Five (5) years suspension with a corrective action plan	Revocation
First Offense (Fraudulent Practice)	Ten (10) years suspension with a corrective action plan	Revocation
Second and Subsequent Offenses (Fraudulent Practice)	Revocation	Revocation

 

(m) Section 456.072(1)(d), F.S.: Improper use of laser device.

	MINIMUM	MAXIMUM
First Offense	$2,000 fine and/or one (1) year of probation	$10,000 fine and three (3) years suspension followed by two (2) years of probation
Second and Subsequent Offenses	$5,000 fine and six (6) months suspension followed by two (2) years of probation	$10,000 fine and/or revocation

 

(n) Section 456.072(1)(e), F.S.: Failure to comply with HIV/AIDS course requirement.

	MINIMUM	MAXIMUM
First Offenses	$1,000 fine, a letter of concern, and completion of the course	$3,000 fine and/or one (1) year suspension followed by two (2) years of probation, and completion of the course

 

(o) Section 456.072(1)(g), F.S.: Civil liability found for filing a false report against another licensee.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and a reprimand	$3,000 fine and/or three (3) years of probation
Second and Subsequent Offenses	$2,500 fine and one (1) year of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Three (3) years suspension with a corrective action plan
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(p) Section 456.072(1)(i), F.S.: Failure to report health care violator.

	MINIMUM	MAXIMUM
First Offense	$500 fine and letter of concern	$2,500 fine and/or one (1) year of probation
Second and Subsequent Offenses	$2,500 fine and six (6) months probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Six (6) months suspension	One (1) year suspension with a corrective action plan
Second and Subsequent Offenses	Two (2) years suspension with a corrective action plan	Revocation

 

(q) Section 456.072(1)(j), F.S.: Aiding unlicensed practice.

	MINIMUM	MAXIMUM
First Offense	$2,000 fine and/or one (1) year of suspension	$5,000 fine and/or revocation
Second and Subsequent Offenses	$7,500 fine and/or one (1) year suspension followed by two (2)  years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Two (2) years suspension with a corrective action plan	Five (5) years suspension with a corrective action plan and/or Revocation
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(r) Section 456.072(1)(k), F.S.: Failure to perform statutory or legal obligation.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and a letter of concern	$7,500 fine and/or one (1) year suspension followed by two (2) years of probation
Second Offense	$2,500 fine and six (6) months of probation	$10,000 fine and/or revocation
Subsequent Offenses	$7,500 and/or one (1) year suspension followed by two (2) years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Six (6) months suspension  and fulfillment of statutory or legal obligation within 30 days; corrective action plan	Two (2) years suspension and fulfillment of legal obligation within 30 days; corrective action plan
Second Offense	Three (3) years suspension and fulfillment of statutory or legal obligation within 30 days; corrective action plan	Revocation
Subsequent Offenses	Five (5) years suspension and fulfillment of legal obligation within 30 days; corrective action plan	Revocation

 

(s) Section 456.072(1)(m), F.S.: Making deceptive, untrue, or fraudulent representations or employing a trick or scheme in any profession.

	MINIMUM	MAXIMUM
First Offense (Deceptive, Untrue)	$2,000 fine and six (6) months of probation	$5,000 fine and one (1) year suspension followed by two (2) years of probation
Second and Subsequent Offenses (Deceptive, Untrue)	$5,000 fine and two (2) years probation	$7,500 fine and revocation
First Offense (Fraudulent Representation)	$10,000 fine and six (6) months of probation	$10,000 fine and one (1) year suspension followed by two (2) years of probation
Second and Subsequent Offenses (Fraudulent Representation)	$10,000 fine and two (2) years of probation	$10,000 fine and revocation
Telehealth Registrants:
First Offense (Deceptive, Untrue)	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second and Subsequent Offenses (Deceptive, Untrue)	Five (5) years suspension with a corrective action plan	Revocation
First Offense (Fraudulent Representation)	Five (5) years suspension with a corrective action plan	Revocation
Second and Subsequent Offenses (Fraudulent Representation)	Revocation	Revocation

 

(t) Section 456.072(1)(n), F.S.: Exploit patient for financial gain.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine, six (6) months of probation, and restitution to the patient or patient’s family	$10,000 fine and/or revocation
Second and Subsequent Offenses	$2,500 fine, two (6) years of probation, and restitution to the patient or patient’s family	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Five (5) years suspension with a corrective action plan that includes restitution to the patient or patient’s family	Revocation and restitution to the patient or patient’s family
Second Offense	Revocation and restitution to the patient or patient’s family	Revocation and restitution to the patient or patient’s family

 

(u) Section 456.072(1)(p), F.S.: Improper delegation of professional responsibilities.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or six (6) months of probation	$5,000 fine and three (3) years suspension followed by three (3) years of probation
Second and Subsequent Offenses	$5,000 fine and/or one (1) year suspension followed by two (2) years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(v) Section 456.072(1)(r), F.S.: Improper interference with investigation, inspection, or discipline.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or one (1) year of probation	$10,000 fine and/or revocation
Second and Subsequent Offenses	$2,500 fine and three (3) months suspension followed by two (2) years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Two (2) years suspension with a corrective action plan	Revocation
Second and Subsequent Offenses	Five (5) years suspension with a corrective action plan	Revocation

 

(w) Section 456.072(1)(v), F.S.: Sexual misconduct.

	MINIMUM	MAXIMUM
First Offense	$5,000 fine, six (6) months of probation, and/or a PRN referral for evaluation	$10,000 fine and/or revocation
Second and Subsequent Offenses	$7,500 fine, three (3) years of  probation, and a PRN referral for evaluation	$10,000 fine and/or revocation
Telehealth Registrants:
First and Subsequent Offenses	Suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan	Revocation

 

(x) Section 456.072(1)(x), F.S.: Failure to comply with 30-day notification to the Board of convictions and nolo pleas.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or a letter of concern	$3,000 and/or one (1) month suspension followed by two (2) years of probation
Second and Subsequent Offenses	$3,000 fine and two (2) years of probation	$10,000 and/or revocation
Telehealth Registrants:
First Offense	Six (6) months suspension with a corrective action plan	Two (2) years suspension with a corrective action plan
Second Offense	Five (5) years suspension with a corrective action plan	Revocation

 

(y) Section 456.072(1)(aa): Positive results on a pre-employment or employer ordered drug screening.

	MINIMUM	MAXIMUM
First Offense	$500 fine and two (2) years of probation and/or referral for a PRN evaluation	$10,000 fine and one (1) year suspension followed by five (5) years probation
Second and Subsequent Offenses	$1,500 fine and two (2) years of probation and/or referral for a PRN evaluation	$10,000 fine and/or revocation
Telehealth Registrants:
First and Subsequent Offenses	Suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan	Revocation

 

(z) Section 456.072(1)(bb), F.S.: Wrong patient, site, or unnecessary treatment.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or a reprimand	$10,000 fine and/or three (3) months suspension followed by three (3) years of probation
Second and Subsequent Offenses	$3,000 fine and/or one (1) year of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Two (2) years suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second Offense	Five (5) years suspension with a corrective action plan	Revocation

 

(aa) Section 456.072(1)(hh), F.S.: Being terminated from or failing to successfully complete an impaired practitioners treatment program.

	MINIMUM	MAXIMUM
Any Offense	Suspension until able to  demonstrate before the Board compliance with PRN	Revocation
Telehealth Registrants:
Any Offense	Suspension until able to  demonstrate to the Board compliance with a Board approved professional’s assistance program	Revocation

 

(bb) Section 486.125(1)(k) or Section 456.072(1)(dd) through a violation of 456.036(1), F.S.: Practicing on a delinquent, inactive, or retired status license or registration.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and/or a letter of concern	$5,000 fine and/or two (2) years suspension followed by two (2) years of probation
Second Offense	$5,000 fine and/or two (2) years of probation	$10,000 fine and/or revocation
Subsequent Offenses	$7,500 fine and/or six (6) months suspension followed by probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Suspension until home state license is clear and active; a corrective action plan	Five (5) additional years suspension with a corrective action plan
Second and Subsequent Offenses	Suspension until home state license is clear and active; a corrective action plan; Five (5) additional years suspension with a corrective action plan	Revocation

 

(cc) Section 456.072(1)(t), F.S.: Failing to identify through written notice or orally to a patient the type of license under which the practitioner is practicing.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and a letter of concern	$5,000 fine and/or one (1) year of probation
Second and Subsequent Offenses	$5,000 fine and two (2) years of probation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	One (1) year suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second Offense	Two (2) years suspension with a corrective action plan	Revocation

 

(dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to, a crime under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program.

	MINIMUM	MAXIMUM
First Offense	$5,000 fine, reprimand, and six (6) months of probation	$10,000 fine and revocation
Second and Subsequent Offenses	$10,000 fine and revocation	$10,000 fine and revocation
Telehealth Registrants:
First Offense	Five (5) years suspension and a corrective action plan	Revocation
Second Offense	Revocation	Revocation

 

(ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine, reprimand and/or suspension until the Medicaid program is reimbursed in full	$10,000 fine and revocation
Second and Subsequent Offenses	$5,000 fine and suspension until the Medicaid program is reimbursed in full	$10,000 fine and revocation
Telehealth Registrants:
First Offense	Suspension until the Medicaid program is reimbursed in full plus an additional five (5) years suspension with a corrective action plan	Revocation
Second and Subsequent Offenses	Revocation	Revocation

 

(ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Section 409.913, F.S.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and reprimand and/or six (6) months of probation	$10,000 fine and revocation
Second Offense or Terminated for cause	$10,000 fine and revocation	$10,000 fine and revocation
Telehealth Registrants:
First Offense	Five (5) years suspension with a corrective action plan	Revocation
Second Offense or Terminated for cause	Revocation	Revocation

 

(gg) Section 456.072(1)(ll), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime related to health care fraud.

	MINIMUM	MAXIMUM
First Misdemeanor Offense	$10,000 fine and/or revocation	$10,000 fine and revocation
Second Misdemeanor Offense or Felony Offense under Chapters 409 and 817, F.S., 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396	$10,000 fine and revocation	$10,000 fine and revocation
Telehealth Registrants:
First Misdemeanor Offense	Five (5) years suspension with a corrective action plan	Revocation
Second Misdemeanor Offense or Felony Offense under Chapters 409 and 817, F.S., 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396	Ten (10) years suspension with a corrective action plan	Revocation

 

(hh) Section 456.072(1)(oo), F.S.: Willfully failing to comply with Section 627.6419 or 641.513, F.S., with such frequency as to indicate a general business practice.

	MINIMUM	MAXIMUM
First Offense	$1,000 fine and a reprimand	$10,000 fine and/or revocation
Second and Subsequent Offenses	$2,500 fine and/or revocation	$10,000 fine and/or revocation
Telehealth Registrants:
First Offense	Two (2) years suspension with a corrective action plan	Five (5) years suspension with a corrective action plan
Second Offense	Five (5) years suspension with a corrective action plan	Revocation

 

(2) In determining what action is appropriate, the Board shall first consider what sanctions are necessary to protect the public or to compensate the patient. The Board shall then consider mitigating or aggravating circumstances in applying a penalty that is outside of the range provided for in the disciplinary guidelines including:

(a) The danger to the public;

(b) The number of distinct charges;

(c) The actual damage, physical or otherwise, to the patient(s);

(d) The length of time since the date of the last violation(s);

(e) The length of time that the licensee has held a license in any jurisdiction;

(f) The deterrent effect of the penalty imposed;

(g) Rehabilitation efforts of the licensee including remorse, restitution, and corrective action(s);

(h) The effect of the penalty on the licensee’s livelihood;

(i) Efforts of the licensee to report or stop violations or the failure of the licensee to correct or stop violations;

(j) The willfulness and/or negligence of the licensee pertaining to any violation;

(k) Any other mitigating or aggravating circumstances.

 

Rulemaking Authority 456.036, 456.072, 456.079, 456.47(7), 486.025 FS. Law Implemented 456.072, 456.073, 456.079, 456.47, 486.125 FS. History–New 2-10-87, Formerly 21M-9.023, Amended 8-2-90, 10-14-91, 12-6-92, 3-24-93, Formerly 21MM-7.002, 61F11-7.002, 59Y-7.002, Amended 1-8-98, 8-3-00, 1-2-03, 4-9-06, 2-5-07, 4-5-07, 6-27-07, 6-30-10, 6-18-12, 2-6-17,

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NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Physical Therapy Practice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Physical Therapy Practice

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2020