Disciplinary Guidelines  

  •  

    DEPARTMENT OF HEALTH

    Board of Acupuncture

    RULE NO.:RULE TITLE:

    64B1-9.001Disciplinary 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. 46 No. 126, June 29, 2020 issue of the Florida Administrative Register.

    The changes are in response to JAPC comments, but are also based on public comment, and discussion and information received at the September 25, 2020 public meeting of the Board.   

     

    64B1-9.001 Disciplinary Guidelines.

    (1) When the Board finds any person has committed any of the acts set forth in Section 456.072(1) or 457.109(1), F.S., or a telehealth provider registered under section 456.47(4), 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) Attempting to obtain, obtaining, or renewing a license to practice acupuncture by: bribery, or fraudulent misrepresentations, or through an error of the Department or Board.

    (Sections 457.109(1)(a), 456.072(1)(h), F.S.)

    1. Error of the Department or Board

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern, or laws and rules continuing education

    $1,000 fine

    SUBSEQUENT OFFENSES

    Llaws and rules continuing education

    $1,000 fine

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Rrevocation

     

    2. Bribery or fraudulent misrepresentation

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    SUBSEQUENT OFFENSES

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rrevocation

     

    ADDITIONAL OFFENSES

    Rrevocation

     

    (b) Having a license to practice acupuncture revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

    (Sections 457.109(1)(b), 456.072(1)(f), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    Suspension and/or fine and/or continuing education revocation

    SUBSEQUENT OFFENSES

    $500 fine and suspension and/or continuing education

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Letter of Concern reprimand

    Suspension and corrective action plan revocation

    ADDITIONAL OFFENSES

    Oone year suspension and corrective action plan

    Rrevocation

    (c) Being convicted or found guilty of, or entering a plea of nolo contendre to, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of acupuncture or to the ability to practice acupuncture.

    (Sections 457.109(1)(c), 456.072(1)(c), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Llletter of Cconcern

    Suspension and/or fine and/or continuing education, $10,000 fine

    SUBSEQUENT OFFENSES

    Suspension and/or fine and/or continuing education $1,000 fine

    suspension or  Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Oone to two year suspension

    Rrevocation

    (d) False, deceptive, or misleading advertising or advertising which claims that acupuncture is useful in curing any disease.

    (Section 457.109(1)(d), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    $1,000 fine

    SUBSEQUENT OFFENSES

    Suspension and/or fine and/or continuing education $1,000 fine

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Suspension and a corrective action plan reprimand

    Rrevocation

    (e) Advertising, practicing, or attempting to practice under a name other than one’s own.

    (Section 457.109(1)(e), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    $1,000 fine

    SUBSEQUENT OFFENSES

    Suspension and/or fine and/or continuing education $1,000 fine

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Suspension and a corrective action plan reprimand

    Rrevocation

    (f) Failing to report to the Department any person who the licensee knows is in violation of this chapter or of the rules of the Department or Board.

    (Sections 457.109(1)(f), 456.072(1)(i), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    $500 fine

    SUBSEQUENT OFFENSES

    Suspension and/or fine and/or continuing education $500 fine

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Suspension and a corrective action plan

    Rrevocation

    (g) Aiding, assisting, procuring, employing, or advising any unlicensed person to practice acupuncture contrary to chapter 457 or 456, F.S., or to a rule of the Department or Board.

    (Sections 457.109(1)(g), 456.072(1)(j), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine and continuing education

    $5,000 fine and or suspension

    SUBSEQUENT OFFENSES

    $5,000 fine and/or suspension

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (h) Failing to perform any statutory or legal obligation placed upon a licensed acupuncturist.

    (Sections 457.109(1)(h), 456.072(1)(k), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and $500 fine

    Ssuspension and $1,000 fine or revocation

    SUBSEQUENT OFFENSES

    Suspension and $1,000 $500 fine

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (i) Making or filing a report, signed in the capacity of a licensed acupuncturist, which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so.

    (Sections 457.109(1)(i), 456.072(1)(l), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Llette of Cconcern and $500 fine

    $5,000 and or suspension

    SUBSEQUENT OFFENSES

    $5,000 fine and continuing education

    Ssuspension or revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (j) Exercising influence within a patient-acupuncturist relationship for purposes of engaging a patient in sexual activity, or engaging or attempting to engage a patient in verbal or physical sexual activity.

    (Sections 457.109(1)(j), 456.072(1)(v), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine

    $10,000 fine, suspension and or revocation

    SUBSEQUENT OFFENSES

    $5,000 fine and suspension

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Rrevocation

     

    (k) Making misleading, deceptive, untrue, or fraudulent representations in or related to the practice of acupuncture or employing a trick or scheme in the practice of acupuncture when such scheme or trick fails to conform to the generally prevailing standards of treatment in the community.

    (Section 457.109(1)(k), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    SUBSEQUENT OFFENSES

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (l) Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.

    (Sections 457.109(1)(l), 456.072(1)(y), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $10,000 fine

    $10,000 fine, suspension and or revocation

    SUBSEQUENT OFFENSES

    Reprimand and $10,000 fine

    $10,000 fine, suspension and or revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Rreprimand

    Rrevocation

    (m) Failing to keep written medical records which are consistent with the standard of care in acupuncture.

    (Section 457.109(1)(m), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and continuing education in documentation

    Reprimand and $1,000 fine

    SUBSEQUENT OFFENSES

    Reprimand and $1,000 fine

    Pprobation and or suspension

    Telehealth Registrants

     

     

    FIRST OFFENSES

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (n) Exercising influence on the patient to exploit the patient for the financial gain of the licensee or of a third party.

    (Sections 457.109(1)(n), 456.072(1)(n), F.S.

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $1,000 fine

    Suspension and/or $10,000 fine, suspension and or revocation

    SUBSEQUENT OFFENSES

    $2,000 fine and suspension

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Rreprimand

    Rrevocation

    (o) Being unable to practice acupuncture with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

    (Sections 457.109(1)(o), 456.072(1)(z), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Ssuspension until such time as the licensee can provide Board’s satisfaction to demonstrate ability to practice with reasonable skill and safety

    Rrevocation

    SUBSEQUENT OFFENSES

    Ssuspension until such time as the licensee can provide Board’s satisfaction to demonstrate ability to practice with reasonable skill and safety

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (p) Gross or repeated malpractice or the failure to practice acupuncture with that level of care, skill, and treatment which is recognized by a reasonably prudent, similar acupuncturist as being acceptable under similar conditions and circumstances.

    (Section 457.109(1)(p), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and continuing education

    $1,000 fine, suspension and continuing education

    SUBSEQUENT OFFENSES

    Pprobation or suspension and/or $5,000 fine

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (q) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.

    (Sections 457.109(1)(q), 456.072(1)(o), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and continuing education

    $1,000 fine, suspension and continuing education

    SUBSEQUENT OFFENSES

    Pprobation or suspension and/or $2,000 fine

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (r) Delegating or contracting for professional responsibilities by a person when the licensee delegating or contracting for such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

    (Sections 457.109(1)(r), 456.072(1)(p), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and continuing education

    $1,000 fine, suspension and CE

    SUBSEQUENT OFFENSES

    Pprobation or suspension and/or $2,000 fine

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a correction action plan

    Rrevocation

    (s) Violating any provision of Chapter 457 or 456, F.S., a rule of the Board or Department, or a lawful order of the Board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.

    (Sections 457.109(1)(s), 456.072(1)(q), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern and $500 fine

    Ssuspension and or revocation

    SUBSEQUENT OFFENSES

    $500 fine and suspension

    Ssuspension and or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (t) Conspiring with another to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

    (Section 457.109(1)(t), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    $1,000 fine

    SUBSEQUENT OFFENSES

    $1,000 fine and suspension

    suspension or Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Reprimand

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Revocation

    (u) Fraud or deceit or gross negligence, incompetence, or misconduct in the operation of a course of study.

    1. Gross negligence, incompetence, or misconduct:

    (Section 457.109(1)(u), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $2,000 fine

    $10,000 fine and probation or suspension revocation

    SUBSEQUENT OFFENSES

    Suspension and $2,000 fine

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Rrevocation

     

    2. Fraud or deceit:

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    SUBSEQUENT OFFENSES

    Reprimand and $10,000 fine

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension

    Rrevocation

    (v) Failing to comply with state, county, or municipal regulations or reporting requirements, relating to public health and the control of contagious and infectious diseases.

    (Section 457.109(1)(v), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine and continuing education

    Reprimand and $1,000 and continuing education

    SUBSEQUENT OFFENSES

    Reprimand and $1,000 and continuing education

    Reprimand and $5,000 and continuing education

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (w) Failing to comply with any rule of the Board relating to health and safety, including, but not limited to, the sterilization of needles and equipment and the disposal of potentially infectious materials.

    (Sections 457.072(1)(w), 456.072(1)(b), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine and continuing education

    Reprimand and $1,000 and continuing education

    SUBSEQUENT OFFENSES

    Reprimand and $1,000 and continuing education

    Reprimand and $5,000 and continuing education

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a correction action plan

    Rrevocation

    (x) Failing to comply with continuing education requirements, including requirements for HIV/AIDS education.

    (Sections 457.109(1)(x), 456.072(1)(b), and (e), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Ssuspension until continuing education completed

    $1,000 and suspension until continuing education completed

    SUBSEQUENT OFFENSES

    Ssuspension until continuing education completed

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern Concern

    Rreprimand

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Ssuspension and a corrective action plan

    (y) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine

    Ssuspension and $1,000 fine or revocation

    SUBSEQUENT OFFENSES

    Suspension and $2,000 fine revocation

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rreprimand

    Ssuspension

    ADDITIONAL OFFENSES

    Ssuspension

    Rrevocation

    (z) 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

    Lletter of Cconcern

    $1,000 fine and/or suspension

    SUBSEQUENT OFFENSES

    $2,000 fine and suspension

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Suspension and a corrective action plan revocation

    (aa) Failing to report to the Board in writing with 30 days after the licensee has been convicted or found guilty of, or entered a pleas of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Lletter of Cconcern

    $2,000 fine and CE’s

    SUBSEQUENT OFFENSES

    Reprimand and $500 fine

    $2,000 fine and CE

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Lletter of Cconcern

    Rreprimand

    ADDITIONAL OFFENSES

    Ssuspension and a  corrective action plan

    Rrevocation

    (bb) Using information about people involved in a motor vehicle accident which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to section 316.066, F.S., 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 solicitation of the people involved in such accidents.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $500 fine

    Ssuspension

    SUBSEQUENT OFFENSES

    Reprimand and $1,000 fine

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Ssuspension and a corrective action plan

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (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), F.S.)

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $10,000 fine

    Rrevocation

    SUBSEQUENT OFFENSES

    Reprimand and $10,000 fine

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rrevocation

     

    ADDITIONAL OFFENSES

    Rrevocation

     

    (dd)  Failing to comply with, failing to successfully complete or or being terminated from an impaired practitioner treatment program.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Suspension

    Revocation

    SUBSEQUENT OFFENSES

    Suspension

    Revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Suspension and corrective action plan

    Suspension and corrective action plan

    ADDITIONAL OFFENSES

    Suspension and corrective action plan

    Revocation

    (ee)(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.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Ssuspension until complied

    Rrevocation

    SUBSEQUENT OFFENSES

    Ssuspension until complied

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (ff)(ee) Being terminated from the state Medicaid Program pursuant to section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. Section 456.072(1)(kk), F.S.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Rrevocation

    Rrevocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rrevocation

     

    ADDITIONAL OFFENSES

    Rrevocation

     

    (gg)(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 related to health care fraud. Section 456.072(1)(ll), F.S.

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    $10,000 fine

    $10,000 fine and/or suspension or revocation

    SUBSEQUENT OFFENSES

    $10,000 fine

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Rrevocation

     

    ADDITIONAL OFFENSES

    Rrevocation

     

    (hh)(gg) 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).

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

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE

    Reprimand and $1,000 fine letter of concern

    $4,000.00 fine and suspension

    SUBSEQUENT OFFENSES

    $51,000 fine and probation

    $10,000 fine and revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Ssuspension and a corrective action plan

    Rrevocation

    ADDITIONAL OFFENSES

    Ssuspension and a corrective action plan

    Rrevocation

    (ii)  Providing information, including written documentation, indicating that a person has a disability or supporting 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 and $1,000 fine

    Suspension and $4,000 fine

    SUBSEQUENT OFFENSE

    Suspension and $8,000 fine

    Revocation

    Telehealth Registrants

     

     

    FIRST OFFENSE

    Suspension and a corrective action plan

    Revocation

    ADDITIONAL OFFENSES

    Suspension and a corrective action plan

    Revocation

    (2) Based upon consideration of the following factors, the Board may impose disciplinary action other than those penalties recommended above:

    (a) through (k)  No change. 

    (l) Any action relating to discipline or denial of a certificate or license in another state including, findings of guilt or innocence, standards applied, penalties imposed and penalties served.;

    (m) Any other mitigating circumstances.

    (3) through (5)  No change.

    Rulemaking Authority 456.079(1), 456.47, 457.104 FS. Law Implemented 456.072, 456.079, 456.47(1)(f), 457.109 FS. History–New 12-8-86, Amended 8-6-89, Formerly 21AA-9.001, 61F1-9.001, Amended 11-21-95, Formerly 59M-9.001, Amended 8-3-00, 5-20-02, 5-24-04, 1-26-06, 5-2-12, 3-1-17, 2-27-18,                   .

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Kama Monroe, JD, Executive Director, Board of Acupuncture, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3257, Kama.Monroe@flhealth.com.

Document Information

Related Rules: (1)
64B1-9.001. Disciplinary Guidelines