Disciplinary Guidelines

 

DEPARTMENT OF HEALTH

Board of Respiratory Care

RULE NO.:RULE TITLE:

64B32-5.001Disciplinary 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. 47 No. 175, September 9, 2021 issue of the Florida Administrative Register.

The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B32-5.001, F.A.C.  On October 15, 2021, the Board approved changes to the proposed rule language. The changes are as follows:

 

Substantial rewording of Rule 64B32-5.001, F.A.C. follows.  See Florida Administrative Code for present text.

64B32-5.001 Disciplinary Guidelines.

(1) The Board may impose disciplinary penalties upon a determination that an applicant,  licensee, or telehealth provider registered under 456.47(4), F.S.:

(a) Has violated any provision of Chapter 468, Part V, F.S., or any rules promulgated thereunder;

(b) Has violated any provision of Chapter 456, F.S., or any rules promulgated thereunder.

(c) Has committed an act defined as “unprofessional conduct” in this rule chapter.

(2) The range of disciplinary penalties which the Board may impose includes any and all set forth in Section 456.072, F.S., unless the conduct to be disciplined falls within the purview of Section 456.0635, F.S., in which case the Board shall impose the penalty specified in Section 456.0635, F.S.

(3) In determining the appropriate disciplinary action to be imposed in each case, the Board shall take into consideration the following factors:

(a) The danger to the public;

(b) The length of time since the date of the violation;

(c) The number of previous disciplinary cases filed against the applicant or licensee;

(d) The length of time the applicant or licensee has practiced;

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

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the applicant’s, licensee’s livelihood;

(h) Actions taken by the licensee to correct the violation or to remedy the complaint;

(i)  Pecuniary benefits or self-gain inuring to the applicant, licensee, or registrant;

(j) Vulnerability of the patient due to age or disability.

(4) Violations and Range of Penalties. In imposing discipline upon applicants,  licensees, or telehealth provider registered under 456.47(4), F.S. in proceedings pursuant to Sections 120.57(1) and (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 severity and repetition of the violations as set forth below. The mitigating or aggravating circumstances used to justify any deviation from the specified guidelines must be enunciated in the final order. 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. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure. In addition to the penalty imposed, pursuant to Section 456.072(4), F.S., the Board shall recover the costs of the investigation and prosecution of the case. Additionally, 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.  If the violation is not through an error but is for fraud or making a false or fraudulent representation, the fine is increased to $10,000.00 per count or offense.

	VIOLATION		RECOMMENDED RANGE OF PENALTY
(a) Attempting to obtain a license or registration by bribery, fraud or through an error of the Department or the Board.  (Sections 468.365(1)(a), 456.072(1)(h), F.S.)

 

BRIBERY	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $250.00 fine.	Reprimand, $500.00 fine, and one year probation with conditions, or denial.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, $500.00 fine, and one year suspension followed by one year probation with conditions.	Reprimand, $1,000.00 fine, one year suspension followed by two years probation, or denial.
THIRD OFFENSE	Revocation or denial.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation or denial.
FRAUDULENT MISREPRESENTATION
FIRST OFFENSE	Reprimand, $10,000.00 fine per count or offense, and one year probation with conditions.	Reprimand, $10,000.00 fine per count or offense, one year suspension followed by one year probation with conditions.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, $10.000.00 fine per count or offense, and one  year suspension followed by two years probation with conditions.	Revocation or denial and  $10.000.00 fine per count or offense.
SUBSEQUENT OFFENSES	Revocation or denial and a $10,000.00 fine per count or offense.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation or denial.
SECOND AND SUBSEQUENT OFFENSES	Revocation or denial.
ERROR OF THE DEPARTMENT OR BOARD
FIRST OFFENSE	Letter of concern.	Revocation or denial.
SECOND AND SUBSEQUENT OFFENSES OFFENSES	Letter of concern.	Revocation or denial.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of concern.	Revocation or denial.
SECOND AND SUBSEQUENT OFFENSES	Letter of concern.	Revocation or denial.

 

(b) Actions taken against license by another jurisdiction.  (Sections 468.365(1)(b), 456.072(l)(f), F.S.)
		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, imposition of discipline comparable to the discipline which would have been imposed if the substantive violation occurred in Florida, and a fine of $300.00.	Reprimand, suspension of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken,  and a fine of $1,000.00. Practitioners licensed in this state may be ordered to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with an evaluation from PRN that the practitioner is safe to practice. .
	SECOND OFFENSE	Same as for a first offense  and a fine of $1,000.00.	Same as for first offense and fine of  $2,000.00.
	THIRD AND SUBSEQUENT  OFFENSES	Same minimum as for a first offense and a fine of $2,000.00.	Revocation and a fine of. $5,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Letter of concern.	Reprimand, one year suspension and completion of a corrective action plan.
	SECOND AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension, and completion of a corrective action plan.	Denial or revocation.

 

 

(c) Guilt of crime directly relating to practice or ability to practice.  (Sections 468.365(1)(c), 456.072(1)(c), F.S.)
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, fine of $500.00, and six months probation with conditions.	Revocation of the license and a fine of $1,000.00.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and $1,000.00 fine.	Revocation and fine of $2,500.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six month suspension and completion of  a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension and  completion of a  corrective action plan.	Revocation.

 

 

(d) Willfully failing to file a report as required.  (Sections 468.365(1)(d), 456.072(1)(l), F.S.)

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, six months probation with conditions, and a $300.00 fine.	Reprimand, one year probation with conditions, and an administrative fine of $1,000.00.
	SECOND OFFENSE	Reprimand, $1,500.00 fine, and one year probation with conditions.	Reprimand, six months suspension, followed by one year probation with conditions, and a fine of  $3,000.00.
	THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and  $3,000.00 fine.	Revocation and a fine of  $5,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, six months suspension, and completion of  a corrective action plan.	Reprimand, one year suspension, and completion of a corrective action plan.
	SECOND AND SUBSEQUENT OFFENSES	Reprimand, two years suspension, and completion of a corrective action plan.	Revocation.
(e) False, deceptive, or misleading advertising.  (Section 468.365(1)(e), F.S.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $250.00 fine.	Reprimand, six months suspension followed by one year probation with conditions,, and a fine of $500.00.
SECOND OFFENSE	Reprimand, $500.00 fine, and one year probation with conditions.	Reprimand, one year suspension followed by one year probation with conditions, and a fine of $1,500.00.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and $1,500.00 fine.	Revocation and a fine of  $5,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand and a six month suspension.	Reprimand, one year suspension, and completion of  a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, two years suspension and  completion of  a corrective action plan.	Revocation.
(f) Unprofessional conduct as defined in 64B32-5.003, F.A.C.  (Section 468.365(1)(f), F.S.)

 

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and a $300.00 fine.	Reprimand, six months suspension, followed by one year probation with conditions, and a fine of $1,000.00.
SECOND OFFENSE	Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine.	Reprimand, one year suspension, followed by two years probation with conditions, and a fine of $3,000.00.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension, followed by two years probation with conditions, and a fine of $3,000.00.	Revocation and a $5,000, 00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of a  corrective action plan.	Reprimand, two year ssupension, and completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, minimum of two years suspension, and completion of a corrective action plan.	Revocation.

 

(g) Controlled substances.  (Section 468.365(1)(g), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, six months probation with conditions, and a $1,000.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
SECOND OFFENSE	Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine,	Reprimand, one year suspension followed by two years probation with conditions, and $5,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
THIRD OFFENSE	Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, minimum of six months suspension continuing until completion of  a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand,  minimum of one year suspension continuing until completion of a corrective action plan.	Revocation.

 

(h) Failure to report another licensee in violation.  (Sections 468.365(1)(h), 456.072(1)(i), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern and $250.00 fine.	Reprimand, six months probation with conditions, and   fine of $500.00.
SECOND OFFENSE	Reprimand, six months probation with conditions, and a $500.00 fine.	Reprimand, one year suspension, and a fine of $1,500.00.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension, and $1,500.00 fine.	Revocation and a fine of  $3,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of concern.	Reprimand, six months suspension and completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, six months suspension and completion of a corrective action plan.	Reprimand, one year suspension and completion of a corrective action plan or revocation.

 

(i) Violation of order of the Board or Department or failure to comply with subpoena.  (Sections 468.365(1)(i), 456.072(1)(q), F.S.)

 

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $300 fine, compliance with the order or subpoena.	Reprimand, $1,000.00 fine, six months suspension, and  compliance with order or subpoena.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, $1,000.00 fine, one year suspension, and compliance with the order or subpoena.	Revocation and a fine of  $3,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six month suspension, completion of a corrective action plan, and compliance with order or subpoena.	Reprimand, one year suspension, completion of a corrective action plan,and compliance with the order or subpoena.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, two year  suspension, completion of a corrective action plan, and compliance with the order or subpoena.	Revocation.

 

(j) Unlicensed practice.  (Section 468.365(1)(j), F.S.)

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand and $500.00 fine.	Reprimand, six months suspension followed by one year probation with conditions, and  a fine of  $1,500.00.
	SECOND AND SUBSEQUENT  OFFENSES	Reprimand, six months suspension followed by one year probation with conditions, and $1,500,00 fine.	Revocation and a fine of $5,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, six month suspension and completion of a corrective action plan.	Reprimand, suspension of one year and completion of a corrective action plan.
	SECOND AND SUBSEQUENT  OFFENSES	Reprimand, suspension of two years and completion of a corrective action plan.	Revocation.
(k) Aiding unlicensed practice.  (Sections 468.365(1)(k), 456.072(1)(j), F.S.)

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, one year probation with conditions, and a $500.00 fine.	Reprimand, six months suspension followed by one year of probation with conditions, and a fine of $1,500.00.
	SECOND OFFENSE	Reprimand, six months suspension followed by one year of probation with conditions, and a $1,500.00 fine.	Revocation and a fine of  $5,000.00.
	THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two years probation with conditions, and $5,000.00 fine.	Revocation and a fine of $10,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, minimum of one year suspension and completion of  a corrective action plan.	Reprimand, two years suspension and completion of a  corrective action plan.
	SECOND OFFENSE	Reprimand, two years suspension, and completion of a corrective action plan.	Revocation.
	THIRD OFFENSE	Revocation.
(l) Failure to perform legal obligation.  (Sections 468.365(1)(l), 456.072(1)(k), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and a $300.00 fine	Reprimand, one year probation with conditions, and a fine of  $1,000.00.
SECOND OFFENSE	Reprimand, one year probation with conditions, and $1,000.00 fine.	Reprimand, six months suspension followed by one year probation with conditions, and a fine of $2,500.00.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and a $2,500.00 fine.	Revocation and a fine of $5,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six months suspension, and completion of a corrective action plan.	Reprimand, one year suspension, and completion of a corrective action plan.,
SECOND OFFENSE	Reprimand, one year suspension, and  completion of a corrective action plan.	Reprimand, two years suspension, and completion of  a corrective action plan.
THIRD OFFENSE	Revocation.

 

(m) Practicing beyond competence level.  (Sections 468.365(1)(m), 456.072(1)(o), F.S.

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, six months probation with conditions, and a $300.00 fine.	Reprimand, six months suspension followed by one year probation with conditions, and a fine of  $1,000.00.
	SECOND OFFENSE	Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and a  $3,000.00 fine.
	THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two years probation with conditions, and a $2,500.00 fine.	Revocation and a fine of $5,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, six month suspension, and completion of a corrective action plan.	Reprimand, one year suspension, and completion of a corrective action plan.
	SECOND OFFENSE	Reprimand, two years suspension, and completion of  a corrective action plan.	Revocation.
	THIRD OFFENSE	Revocation
(n) Delegation of professional responsibilities to unqualified person.  (Sections 468.365(1)(n), 456.072(1)(p), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and a $300.00 fine.	Reprimand, six months suspension followed by one year probation with conditions, and a  $1,000.00 fime.
SECOND OFFENSE	Reprimand, six months suspension followed by one year of probation with conditions, and $1,000.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two years probation with conditions, and a $3,000.00 fine.	Revocation and $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of  a corrective action plan.	Reprimand, two year suspension, and  completion of  a corrective action plan.
SECOND OFFENSE	Reprimand, two year suspension, and completion of  a corrective action plan.	Revocation.
THIRD OFFENSE	Revocation.

 

(o) Malpractice.  (Section 468.365(1)(o), F.S.)

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, one year probation with conditions, and $500.00 fine.	Reprimand, six months suspension followed by one year of probation with conditions, and a $1,500.00 fine.
	SECOND OFFENSE	Reprimand, two years probation with conditions, and a $1,500.00 fine.	Reprimand, one year suspension followed by two years of probation with conditions, and a $3,000.00 fine.
	THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two years of probation with conditions, and a 2,500.00 fine.	Revocation and a $5,000.00 fine.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, one year suspension, and completion of  a corrective action plan.	Reprimand, two years suspension, and completion of a corrective action plan.
	SECOND OFFENSE	Reprimand, two years suspension, and  completion of a corrective action plan.	Revocation.
	THIRD OFFENSE	Revocation.
(p) Kickbacks or split fee arrangements.  (Section 468.365(1)(p), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, refund of fees billed, six months suspension followed by a one year probation with conditions, and a $300.00 fine.	Reprimand, refund of fees billed, one year suspension followed by a one year probation with conditions, and a $1,000.00 fine.
SECOND OFFENSE	Reprimand, refund of fees billed, one year suspension followed by a two years probation with conditions, and a $1,500.00 fine.	Reprimand, refund of fees billed, two years suspension followed by two years probation with conditions, and a $5,000.00 fine.
THIRD OFFENSE	Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, eighteen months suspension, and completion of a corrective action plan.	Reprimand, three years suspension, completion of a corrective action plan.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, three years suspension, and completion of a corrective action plan.	Revocation.

 

(q) Exercising influence or engage patient in sex.  (Sections 468.365(1)(q), 456.072(1)(v), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, six month suspension followed by one year probation with conditions, and a $500.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and a $1,500.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand and one year suspension followed by two year probation with conditions, and a $1,500.00 fine.	Reprimand, two year suspension followed by two year probation with conditions, and a $5,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice, or revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, three years suspension, and  completion of a corrective action plan.	Revocation.
SECOND OFFENSE	Revocation.

 

(r) Deceptive, untrue, or fraudulent representations in the practice of respiratory care. (Sections 468.365(1)(r), 456.072(1)(a), (m), F.S.)

 

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and one year probation with conditions, and a fine of $10,000.00 per count or offense..	Revocation, and a fine of $10,000.00 per count or offense.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand and one year suspension followed by one year of probation with conditions a fine of $10,000.00 per count or offense..	Revocation and a fine of $10,000.00 per count or offense.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and  completion of  a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, two year suspension, and completion of  a corrective action plan .	Revocation.

 

(s) Improper solicitation of patients.  (Section 468.365(1)(s), F.S.)
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and a $500.00 fine.	Reprimand, six months suspension with followed by one year probation with condition, and a $1,500.00 fine.
SECOND OFFENSE	Reprimand, six months suspension followed by one year probation with conditions and $1,500.00 fine.	Reprimand, one year suspension followed by two years probation with conditions, and a  $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension followed by two years probation with conditions, and a $2,500.00 fine.	Revocation and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of  a corrective action plan	Reprimand, two year suspension, and completion of a corrective action plan..
SECOND OFFENSE	Reprimand, two years suspension, and completion of a corrective action plan	Revocation.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, three years suspension, and completion of a corrective action plan	Revocation.

 

(t) Failure to keep written medical records.  (Section 468.365(1)(t), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern.	Reprimand, one year probation with conditions and a $300.00 fine..
SECOND OFFENSE	Reprimand, one year probation with conditions and a $500.00 fine.	Reprimand, six months suspension follwed by one year probation with conditions, and a  $1,500.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation, and a $1,500.00 fine.	Revocation and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of concern.	Reprimand, one year suspension and completion of a  corrective action plan.
SECOND OFFENSE	Reprimand.	Reprimand, two year suspension, and completion of a corrective action plan.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, two year suspension, and completion of a corrective action plan.	Revocation.

 

(u) Exercising influence on patient for financial gain.  (Sections 468.365(1)(u), 456.072(1)(n), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, refund of fees billed, a minimum of one year probation with conditions, and a $500.00 fine.	Reprimand, refund of fees billed, one year suspension followed by one year probation with conditions, and a   $1,500.00 fine.
SECOND OFFENSE	Reprimand, refund of fees billed, one year suspension followed by one year probation with conditions, and a   $1,500.00 fine.	Reprimand, refund of fees billed, two years suspension followed by one year probation with conditions, and a   $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, refund of fees billed, two years suspension followed by one year probation with conditions, and a   $2,500.00 fine.	Revocation, refund of bills paid, and a  $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and   completion of  a corrective action plan.	Reprimand, two years suspension, and completion of  a corrective action plan.
SECOND OFFENSE	Reprimand, two years suspension, and completion of  a corrective action plan.	Revocation.
THIRD OFFENSE	Revocation.

 

(v) Performing professional services not authorized by physician.  (Section 468.365(1)(v), F.S.)

 

		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand and a $300 fine.	Reprimand, six month suspension followed by one year probation with conditions, and a  $1,000.00 fine.
	SECOND OFFENSE	Reprimand, one year probation with conditions, and a $1,000, 00 fine.	Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine.
	THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation, and a $2,500.00 fine.	Revocation and a fine of  $5,000.00.
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand.	Reprimand, one year suspension, and completion of a corrective action plan.
	SECOND OFFENSE	Reprimand, two years suspension, and completion of a corrective action plan.	Revocation.
	THIRD OFFENSE	Revocation.
(w) Inability to practice respiratory care with skill and safety.  (Sections 468.365(1)(w), 456.072(1)(z), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, six months probation with conditions, and $300.00 fine.	Reprimand, six month suspension followed by one year probation with conditions and a $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
SECOND OFFENSE	Reprimand, six month suspension followed by one  year of probation with conditions, and $1,000.00 fine.	Reprimand, one year suspension followed by one  year of probation with conditions, and a $3,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two  years of probation with conditions, and $3,000.00 fine, or  referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,	Revocation and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six months suspension, and completion of a corrective action plan.	Reprimand, two years suspension, and  completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES	Reprimand, two years suspension, and completion of  a corrective action plan.	Revocation.

 

(x) Violation of this chapter, Chapter 456, F.S., or any rules adopted pursuant thereto.  (Sections 468.365(1)(x), 456.072(1)(b), (dd), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $300.00 fine.	Reprimand, one year probation with conditions, and a  $1,000.00 fine.
SECOND OFFENSE	Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine.	Revocation and a  $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six months suspension , completion of a corrective action plan.	Reprimand, one year suspension, and completion of  a corrective action plan.
SECOND OFFENSE	Reprimand, eighteen months suspension, and completion of  a corrective action plan.	Reprimand, two years suspension, and completion of a corrective action plan.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension, and  completion of a corrective action plan.	Revocation.

 

(y) Improper interference with investigation, inspection or discipline.  (Section 456.072(1)(r), F.S.)
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, six months of probation with conditions, and a $500.00 fine.	Reprimand, six months suspension follwed by one year probation with condstions a $1,500.00 fine.
SECOND OFFENSE	Reprimand, six months suspension followed by one year probation with conditions, and  a $1,500.00 fine.	Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine.	Revocation  and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six months suspension, and completion of a corrective action plan.	Reprimand, two years suspension, and completion of a corrective action plan.
SECOND OFFENSE	Reprimand, two years suspension, and completion of a corrective action plan.	Revocation.
THIRD OFFNESE	Revocation.

 

(z) Failure to report conviction or plea.  (Section 456.072(1)(x), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and a $300 fine.	Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine.
SECOND OFFENSE	Reprimand, one year probation with conditions, and a $1,000.00 fine.	Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one  year  suspension followed by two years probation with conditions, and a $5,000.00 fine.	Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, six months suspension, and completion of a corrective action plan.	Reprimand, eighteen months suspension, and completion of a corrective action plan.
SECOND OFFENSES	Reprimand and two years suspension.	Revocation.
THIRD OFFENSE	Revocation.
(aa) Wrong patient, wrong site, or wrong or unauthorized procedure.  (Section 456.072(1)(bb), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and a $500.00 fine.	Reprimand, one year suspension followed by one year probation with conditions and  a fine $1,500.00 fine.
SECOND OFFENSE	Reprimand, two years probation with conditions, and a $1,000.00 fine.	Reprimand, two years suspension followed by two years probation and a $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension followed by two years probation, and a $2,500.00 fine.	Revocation and $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of  a corrective action plan.	Reprimand, two year suspension, and completion of a corrective action plan.
SECOND OFFENSE	Reprimand, two year suspension, and completion of  a corrective action plan.	Revocation.
THIRD OFFENSE	Revocation.

 

 

(bb) Leaving a foreign body in a patient.  (Section 456.072(1)(bb), (cc), F.S.)
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and $500.00 fine.	Reprimand, six months suspension followed by one year probation with conditions and a $1,500.00 fine.
SECOND OFFENSE	Reprimand, two years probation with conditions, and a $1,000.00 fine.	Reprimand, one year suspension followed by one year of probation with conditions, and a $3,000.00 fine.
THIRD AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by two years probation, and a $2,500.00 fine.	Revocation and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Not applicable.	Not applicable.
SECOND OFFENSE	Not applicable.	Not applicable.
THIRD OFFENSE	Not applicable.	Not applicable.

 

(cc) Testing positive in a pre-employer ordered drug screen.  (Section 456.072(1)(aa), F.S.)
		MINIMUM	MAXIMUM
	FIRST OFFENSE	Reprimand, six months probation with conditions, and $500.00 fine.	Reprimand, one year probation with conditions, and $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
	SECOND AND SUBSEQUENT  OFFENSES	Reprimand, one year probation with conditions, and $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,	Reprimand, two years probation with conditions, and $3,000.00 fine, or or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice,
	TELEHEALTH REGISTRANTS
	FIRST OFFENSE	Reprimand, one year suspension, and completion of a corrective action plan.	Denial or revocation of registration.
	SECOND AND SUBSEQUENT  OFFENSES	Reprimand, two years suspension, and completion of a corrective action plan.	Denial or revocation of registration.

 

 

(dd) Being terminated from an impaired practitioner treatment program for failure to comply with the terms of contract or for not succesfully completeing any drug treatment or alcohol treatment program.  (Section 456.072(1) (hh), F.S.)                                                                                                                    

 

	MINIMUM	MAXIMUM
ANY OFFENSE	Reprimand, suspension until compliant with the terms of the impaired practitioner treatment program contract, and a $250 fine.	Revocation and $1,000.00 fine.
TELEHEALTH REGISTRANTS
ANY OFFENSE	Revocation.

 

 

(ee) Practicing with a delinquent, retired, or inactive status license.  (Section 456.072(1)(o), F.S.)                 

 

 

		MINIMUM	MAXIMUM
	ANY OFFENSE	Reprimand and a $2,500.00 fine.	Revocation and a $10,000.00 fine.
	TELEHEALTH REGISTRANTS
	ANY OFFENSE	Revocation.	Revocation.
(ff) Failure to notify a patient through written or oral notice of the type oflicense the practitioner holds. (Section 456.072(1)(t), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern and submission of an affidavit attesting that the licensee has read the Florida laws and rules.	Reprimand and submission of an affidavit attesting that the licensee has read the Florida laws and rules.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, $100.00 fine, and submission of an affidavit attesting that the licensee has read the Florida laws and rules.	Reprimand, $500.00 fine, and submission of an affidavit attesting that the licensee has read the Florida laws and rules.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern and completion of a corrective action plan.	Reprimand, six months suspension, and completion of a corrective action plan
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension and completion of a corrective action plan.	Revocation.

.

 

(gg) Any felony offense classified under Chapter 409, 817, 893, F.S., or 21 U.S.C ss. 801-970, or 42 U.S.C. ss. 1395-1396.  (Section 456.0635, F.S.)

 

	MINIMUM	MAXIMUM
ANY OFFENSE	Admission for examination, licensing, and renewal of a license shall be refused for the time periods set forth in 456.0635, F.S.	Revocation.
TELEHEALTH REGISTRANTS
ANY OFFENSE	Registration shall be refused for the time  periods set forth in 456.0635, F.S.	Revocation.
(hh) Terminated for cause from theFlorida Medicaid program pursuant to Section 409.913, F.S.(Section 456.0635, F.S.)

 

		MINIMUM	MAXIMUM
	ANY OFFENSE	Admission for examination, licensing, and renewal of a license shall be refused for the time periods set forth in 456.0635, F.S.	Revocation.
	TELEHEALTH REGISTRANTS
	ANY OFFENSE	Registration shall be refused for the time  periods set forth in 456.0635, F.S.	Revocation.
(ii) Terminated for cause, pursuant totheappeals procedures established by the state or Federal Government, from any other state Medicaid program.  (Section 456.0635, F.S.)
		MINIMUM	MAXIMUM
	ANY OFFENSE	Admission for examination, licensing, and renewal of a license shall be refused for the time periods set forth in 456.0635, F.S.	Revocation.
	TELEHEALTH REGISTRANTS
	ANY OFFENSE	Registration shall be refused for the time  periods set forth in 456.0635, F.S.	Revocation.

 

 

(jj) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.  (Section 456.072(1)(oo), F.S.)

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, refund of fees billed, one year probation with conditions, and a $500.00 fine.	Reprimand, two years suspension followed by one year probation with conditions, and a $2,000.00 fine.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, refund of fees billed,  and two years probation with conditions, and a $2,500.00 fine.	Reprimand, refund of fees billed, two year suspension followed by two years probation with conditions, and a $10.000.00 fine
THIRD OFFENSE	Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of  a corrective action plan.	Reprimand, two years suspension, and completion of a corrective action plan.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, two year suspension, and completion of  a corrective action plan.	Revocation.
THIRD OFFENSE	Revocation.

 

 

(kk) Providing information, including written documentation, indicating that a person’s need for an emotional support animal under s.760.27 without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal. (Section 456.072(1)(pp), F.S.

                                                                                   

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, one year probation with conditions, and a $500.00 fine.	Reprimand, six months suspenion followed by one year probation with conditions, and a $1,000.00 fine.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension followed by one year probation with conditions, and a $2,000.00 fine	Reprimand, two years suspension followed by a two years probation, and a $5,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, one year suspension, and completion of a corrective action plan.	Reprimand, two years suspension, and completion of a corrective action plan.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, a two year suspension and completion of a corrective action plan	Revocation.

 

 

(ll) Failure to comply with the parental consent requirements of Section 1014.06.  (Section 456.072(1)(rr), F.S.)

 

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and a $250 fine.	Reprimand, $500 fine, and one year of probation with conditions.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, $500 fine, and one year probation with conditions.	Reprimand, six months suspension followed by one year probation with conditions, and $1,000.00 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand.	Reprimand, six months suspension, and completion of a corrective action plan.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, one year suspension and completion of a corrective action plan.	Revocation.

 

 

(mm) Being convicted or found guilty of, entering a plea of guilty or nolo contedere to, or committing or attempting,        soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5).

(Section 456.072(1)(ss), F.S.

 

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and Revocation.	$10,000 fine and Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation.	Revocation.

 

 

(nn) Failure to display hyperlink on telehealth registrant’s website.  (Section 456.47(4)(c), (F.S.)

 

 

	MINIMUM	MAXIMUM
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Reprimand, suspension until compliant, and completion of a corrective action plan.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, suspension until compliant, and a corrective action plan.	Revocation.

 

 

(oo) Failing to notify the board of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction within 5 business days after the restriction is placed or disciplinary action is initiated or taken. (Section 456.47(4)(d), F.S.)

 

 

	MINIMUM	MAXIMUM
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand, suspension until license is active and unencumbered in all jurisdictions where restricted or action was taken, and completion of a corrective action plan.	Revocation.
SECOND AND SUBSEQUENT  OFFENSES	Reprimand, suspension until license is active and unencumbered in all jurisdictions where restricted or action was taken, and completion of a corrective action plan.	Revocation.

 

 

(pp)  Opening an office in Florida or providing in-person healthcare services to patients in Florida.  (Section 456.74(4)(f), F.S).

 

 

	MINIMUM	MAXIMUM
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation.	Revocation.

 

 

(4) Stipulation 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.

(5) 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 456.073(4), F.S., in any case for which it finds such action appropriate.

(6) 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.

Rulemaking Authority 456.079, 456.353(3), 468.365(4) FS. Law Implemented 456.0635, 456.072, 456.079, 468.365 FS. History–New 4-29-85, Formerly 21M-37.01, 21M-37.001, Amended 1-3-94, Formerly 61F6-37.001, 59R-74.001, 64B8-74.001, Amended 5-5-02, 12-5-04, 5-15-05, 2-23-06, 3-29-07, 5-4-10, 6-5-17,                                    ­­­­­­­­­­­­­­­­­­­­­.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allen Hall, Executive Director, Board of Respiratory Care, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3253.