RULE NO.:RULE TITLE:
64B21-504.001Disciplinary 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. 48 No. 171, September 1, 2022 issue of the Florida Administrative Register.
64B21-504.001 Disciplinary Guidelines.
(1) When the Department finds that a licensee has committed any of the acts set forth in Section 490.009(1) or 456.072(1), F.S., it shall issue a final order imposing one or more of the penalties listed in Section 456.072(2), F.S., as recommended in the following disciplinary guidelines. For applicants, all listed violations are sufficient for refusal to certify an application for licensure. In addition to any other discipline imposed, the Department, pursuant to Section 456.072(4), F.S., shall assess the costs related to the investigation and prosecution of a case. If the violation is for fraud or making false or fraudulent representation, the Department shall impose a fine of $10,000 per count or offense.
(a) through (j) no change.
(k) Section 490.009(1)(k) or 456.072(1)(v)(u), F.S.: committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct as provided in Section 490.0111 or 456.063, F.S. – a fine of $7,000, a PRN evaluation and probation up to suspension followed by probation with a PRN evaluation. After the first offense, a fine of $7,000 up to $10,000 and PRN evaluation and suspension followed by probation, or in the alternative, revocation. “Sexual misconduct” means, to the extent applicable, the sexual misconduct defined by Florida Administrative Code Rule 64B19-16.003 (amended 05-14-2001), which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX .
(l) through (ii) No change.
(2) through (3) No change.
Rulemaking Authority 39.3031 FS. Law Implemented 39.303 FS. History–New 3-2-93, Amended 5-7-96, Formerly 10J-10.006, 65C-7.002, Amended 4-30-08, 12-2-15, 7-30-18,_____.
