The Council propose the rule amendment to update the rule text and include guidelines for telehealth providers.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-44.003Disciplinary Guidelines

PURPOSE AND EFFECT: The Council propose the rule amendment to update the rule text and include guidelines for telehealth providers.

SUMMARY: To update the rule text and include guidelines for telehealth providers.

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: 456.072, 456.079, 458.309, 468.507 FS.

LAW IMPLEMENTED: 456.072, 456.079, 468.518(1), (2) 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 Medicine/Dietetics and Nutrition Practices Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, or telephone [phone], or by electronic mail – [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 64B8-44.003 follows.  See Florida Administrative Code for present text.

64B8-44.003 Disciplinary Guidelines.

(1)  When the Board finds any person has committed any of the acts set forth in section 456.072(1) or Chapter 468, Part X, F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines. The language identifying offenses below is descriptive only.  The full language of each statutory provision cited must be consulted to determine the conduct included.

(a)  Violating any provision of this part, any board or department rule adopted pursuant thereto, or any lawful order of the board or department previously entered in a disciplinary hearing held pursuant to this part, or failing to comply with a lawfully issued subpoena of the department. The provisions of this paragraph also apply to any order or subpoena previously issued by the Department of Health during its period of regulatory control over this part.

(468.518(1)(a),(n), 456.072(1)(b)(dd),(k),(q), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Six months probation and/or $150 fine and /or continuing education.	Revocation and/or $1,000 fine.
SUBSEQUENT OFFENSES	One year probation and/or $200 fine.	Revocation and /or $1,000 fine.
Telehealth Registrants
FIRST OFFENSE	Suspension and a corrective action plan.	Revocation
ADDITIONAL OFFENSES	Revocation

(b) Being unable to engage in dietetics and nutrition practice or nutrition counseling 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. (468.518(1)(b), 456.072(1)(z), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Suspension until such time as the licensee can provide proof of reasonable skill and safety.	Revocation
SUBSEQUENT OFFENSES	Suspension until such time as the licensee can provide proof of reasonable skill and safety.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and a corrective action plan.	Revocation
ADDITIONAL OFFENSES	Revocation

(c) Attempting to procure or procuring a license to practice dietetics and nutrition or nutrition counseling by fraud, material misrepresentation of material fact, or by error of the department or the board. (468.518(1)(c), 456.072(1)(h), F.S.)

1.  By error to the department or the board.

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern, or laws and rules continuing education.	$1,000 fine
SUBSEQUENT OFFENSES	Laws and rules continuing education.	$1,000 fine
Telehealth Registrants
FIRST OFFENSE	Letter of concern.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

2.  By fraud, or material misrepresentation of material fact.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine	$10,000, probation and suspension.
SUBSEQUENT OFFENSES	$10,000 fine	$10,000 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Suspension and a corrective action plan requiring at a minimum, the completion of a 10 hour course in Florida laws and Rules, and a 3 hour course in Ethics.	Revocation
ADDITIONAL OFFENSES	Revocation

(d) Having a license to practice dietetics and nutrition or nutrition counseling revoked, suspended, or otherwise acted against, including the denial of licensure by the licensing authority of another state, district, territory, or country. (Sections 468.518(1)(d), 456.072(1)(f), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, laws and rules continuing education.	$1,000 fine, and suspension of license until unencumbered in other jurisdiction, laws and rules continuing Education.
SUBSEQUENT OFFENSES	$1,000 fine, suspension and/or probation.	Revocation
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(e) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of dietetics and nutrition or nutrition counseling or the ability to practice dietetics and nutrition or nutrition counseling. (Sections 468.518(1)(e), 456.072(1)(c), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine, and probation.	$1,000 fine, and revocation.
SUBSEQUENT OFFENSES	$1,000 fine and probation.	$1,000 fine, and revocation.
Telehealth Registrants
FIRST OFFENSE	Suspension and a corrective action plan.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and a corrective action plan.	Revocation

(f) Making or filing a report or record that the licensee knows to be false, willfully 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. (Sections 468.518(1)(f), 456.072(1)(g)(l), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern and/or $300 fine.	Probation and $1,5000 fine.
SUBSEQUENT OFFENSES	One year probation and/or $1,500 fine.	Revocation and $10,000 fine.
Telehealth Registrants
FIRST OFFENSE	Letter of concern.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(g) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content, or employing a trick of scheme related to the profession. (Sections 468.518(1)(g), 456.072(1)(a),(m), F.S.

1.  If misleading or deceptive:

				MINIMUM		MAXIMUM
	FIRST OFFENSE		Letter of concern and $300 fine.		Suspension and $1,500 fine.
	SUBSEQUENT OFFENSES		Suspension and $2,500 fine.		Revocation
	Telehealth Registrants
	FIRST OFFENSE		Reprimand		Suspension and corrective action plan.
	ADDITIONAL OFFENSES		Suspension and corrective action plan.		Revocation

2. If fraudulent or false:

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine.	$10,000 fine and revocation.
SUBSEQUENT OFFENSES	$10,000 fine and probation.	$10,000 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Revocation
ADDITIONAL OFFENSES	Revocation	Revocation

(h) Committing an act of fraud or deceit, or of negligence, incompetency, or misconduct in the practice of dietetics and nutrition or nutrition counseling. (Section 468.518(1)(h), 456.072(1)(o), (bb),(cc), F.S.)

1. If negligence, incompetency or misconduct:

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern and $300 fine.	Suspension and $1,500 fine.
SUBSEQUENT OFFENSES	Suspension and $2,500 fine.	Revocation
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

2. If by fraud or deceit:

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine.	$10,000 fine and revocation.
SUBSEQUENT OFFENSES	$10,000 fine and probation.	$10,000 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Revocation
ADDITIONAL OFFENSES	Revocation	Revocation

(i)                  Practicing with a revoked, suspended, inactive, or delinquent license. (Section 468.518(1)(i), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine.	$1000 fine.
SUBSEQUENT OFFENSES	$2500 fine.	Revocation
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(j) Treating or undertaking to treat human ailments by means other than by dietetics and nutrition practice or nutrition counseling. (Section 468.518(1)(j), 456.072(1)(o), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and probation.	$1,000 fine and probation and/or suspension.
SUBSEQUENT OFFENSES	$400 fine and probation.	$2,500 fine an probation and/or suspension.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(k) Failing to maintain acceptable standards of practice as set forth by the board and the council in rules adopted pursuant to this part. (486.518(1)(k), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100 and probation.	$1000 and probation.
SUBSEQUENT OFFENSES	$350 fine and suspension and probation.	Revocation
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(l) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of the referring person. Nothing in this part prohibits the members of any regularly and properly organized business entity that is composed of licensees under this part and recognized under the laws of this state from making any division of their total fees among themselves as they determine necessary. (468.518(1)(l), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and suspension and probation.	$2,500 fine and suspension and probation.
SUBSEQUENT OFFENSES	$3,500 fine and suspension.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(m) Advertising, by or on behalf of a licensee under this part, any method of assessment or treatment which is experimental or without generally accepted scientific validation. (Section 468.518(1)(m), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or suspension or revocation.	$1,000 fine and/or suspension or revocation.
SUBSEQUENT OFFENSES	$2,000 fine and suspension.	$2,500 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(n) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome, required by Section 456.003, F.S. or failing to comply with the educational course requirements for human trafficking as required by Section 456.0341, F.S. (Section 456.072(1)(b),(e), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $100 fine.	$500 fine and probation.
SUBSEQUENT OFFENSES	$1,000 fine and probation.	$2,000 fine and probation.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and  corrective action plan.
ADDITIONAL OFFENSES	Suspension and  corrective action plan.	Suspension and  corrective action plan.

(o) Failure to keep written medical records (Rule 64B8-44.004, F.A.C.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $100 fine	$500 fine and suspension
SUBSEQUENT OFFENSES	$500 fine and suspension.	$1,500 fine and suspension.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and  corrective action plan.
ADDITIONAL OFFENSES	Suspension and  corrective action plan.	Suspension and  corrective action plan.

(p) Except as provided in s. 465.016, failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board. However, a person who the licensee knows is unable to practice 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 a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department. (Section 456.072(1)(i), F.S.).

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern.	$1,000 fine and reprimand.
SUBSEQUENT OFFENSES	Reprimand, and $1,000 fine.	Suspension
Telehealth Registrants
FIRST OFFENSE	Letter of concern.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Reprimand	Suspension and corrective action plan.

(q) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. (Section 456.072(1)(n), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Probation and continuing education.	Revocation
SUBSEQUENT OFFENSES	Revocation	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Revocation	Revocation

(r) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by training, experience, and authorization when required to perform them. (Section 456.072(1)(p))

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern.	$500 fine, probation and continuing education.
SUBSEQUENT OFFENSES	$500 fine, probation and continuing education.	$2,000 fine and suspension.
Telehealth Registrants
FIRST OFFENSE	Letter of concern.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Suspension and corrective action plan.

(s) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern.	$500 fine, probation and continuing education.
SUBSEQUENT OFFENSES	$500 fine, probation and continuing education.	$2,000 fine and suspension.
Telehealth Registrants
FIRST OFFENSE	Letter of Concern.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Suspension and corrective action plan.

(t) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds. This paragraph does not apply to a practitioner while the practitioner is providing services in a facility licensed under chapter 394, chapter 395, chapter 400, or chapter 429. Each board, or the department where there is no board, is authorized by rule to determine how its practitioners may comply with this disclosure requirement.  (Section 456.072(1)(t), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern.	$100 fine.
SUBSEQUENT OFFENSES	$100 fine.	$500 fine.
Telehealth Registrants
FIRST OFFENSE	Letter of Concern.	Reprimand
ADDITIONAL OFFENSES	Reprimand	Reprimand

(u) Failing to comply with the requirements of ss. 381.026 and 381.0261 to provide patients with information about their patient rights and how to file a patient complaint. (Section 456.072(1)(u), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand	$500 fine and reprimand.
SUBSEQUENT OFFENSES	$500 fine and reprimand and continuing education.	$1,000 fine and probation.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.

(v) Engaging or attempting to engage in sexual misconduct as defined and prohibited in s. 456.063(1), F.S. (456.072(1)(v), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and probation.	Revocation
SUBSEQUENT OFFENSES	Revocation	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Revocation
ADDITIONAL OFFENSES	Revocation	Revocation

(w) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. Convictions, findings, adjudications, and pleas entered into prior to the enactment of this paragraph must be reported in writing to the board, or department if there is no board, on or before October 1, 1999.  (Section 456.072(1)(x), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$100 fine.	Reprimand and $500 fine.
SUBSEQUENT OFFENSES	$500 fine and reprimand.	$1,000 fine and suspension.
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Suspension and corrective action plan.

(x) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents under s. 316.066, or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in the accidents.  (Section 4456.072(1)(y), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern.	$500 fine and reprimand.
SUBSEQUENT OFFENSES	$500 fine and reprimand.	Suspension
Telehealth Registrants
FIRST OFFENSE	Reprimand	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Suspension and corrective action plan.

(y) Testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. (Section 456.072(1)(aa), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Suspension until such time as the licensee can provide proof of reasonable skill and safety.	Revocation
SUBSEQUENT OFFENSES	Suspension until such time as the licensee can provide proof of reasonable skill and safety.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Revocation
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(z) 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. (456.072(1)(ee), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and probation.	$2,500 fine and probation.
SUBSEQUENT OFFENSES	$5,000 fine and suspension.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(aa) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a claim, statement, or bill for payment of services that were not rendered.  (Section 456.072(1)(ff), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and probation.	$2,500 fine and probation.
SUBSEQUENT OFFENSES	$5,000 fine and suspension.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan	Suspension and corrective action plan
ADDITIONAL OFFENSES	Suspension and corrective action plan	Revocation

(bb) Being terminated from an impaired practitioner program that is overseen by a consultant as described in s. 456.076, for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.  (456.072(1)(hh), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	Suspension until such time licensee is re-admitted into a treatment or monitoring program.	Revocation
SUBSEQUENT OFFENSES	Suspension until such time licensee is re-admitted into a treatment or monitoring program.	Revocation
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Revocation
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Revocation

(cc) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, 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. (Section 456.072(1)(ii))

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and Revocation .
SUBSEQUENT OFFENSES	$10,000 fine and Revocation.
Telehealth Registrants
FIRST OFFENSE	Revocation
ADDITIONAL OFFENSES	Revocation

(dd) 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. (Section 456.072(1)(jj), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and probation.	$2,500 fine and probation.
SUBSEQUENT OFFENSES	$2,500 fine and probation.	$5,000 fine and probation.
Telehealth Registrants
FIRST OFFENSE	Suspension and corrective action plan.	Suspension and corrective action plan.
ADDITIONAL OFFENSES	Suspension and corrective action plan.	Suspension and corrective action plan.

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

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and revocation.
SUBSEQUENT OFFENSES	$10,000 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Revocation
ADDITIONAL OFFENSES	Revocation

(ff) 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. (Section 456.072(1)(ll), F.S.)

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and revocation.	$10,000 fine and revocation.
SUBSEQUENT OFFENSES	$10,000 fine and revocation.	$10,000 fine and revocation.
Telehealth Registrants
FIRST OFFENSE	Revocation	Revocation
ADDITIONAL OFFENSES	Revocation	Revocation

(2) All guidelines allow for imposition of continuing education without a finding and aggravating factor regardless of penalty stated.

(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended below. The Board shall consider as aggravating or mitigating factors the following:

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

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

(c) The number of counts or separate offenses established,

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

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

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

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

(4) 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 120.57(4), F.S.

Rulemaking Authority 456.072(1)(t), 456.079, 458.309, 468.507 FS. Law Implemented 456.072(1)(t), 456.079, 468.517, 468.518(2) FS. History–New 12-4-90, Formerly 21M-50.003, Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98, 8-19-99, 9-28-00, 9-26-01, 2-13-03, 4-10-06, 1-8-07, 5-13-10, 7-13-16,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practices Council

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2020