The purpose of the rule amendment is to update the language for disciplinary guidelines and add out-of-state telehealth discipline guidelines.

 

DEPARTMENT OF HEALTH

Board of Clinical Laboratory Personnel

RULE NO.: RULE TITLE:

64B3-12.001: Disciplinary Guidelines

PURPOSE AND EFFECT: The purpose of the rule amendment is to update the language for disciplinary guidelines and add out-of-state telehealth discipline guidelines.

SUMMARY: To update the language.

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, based upon the expertise and experience of its members, 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: 456.079, 456.47(4), 456.47(7), 483.805(4) FS.

LAW IMPLEMENTED: 456.072, 456.079, 456.47(4), 483.825 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: Anthony B. Spivey, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B3-12.001 Disciplinary Guidelines.

(1) Purpose. The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants, registrants or licensees whom it regulates under Chapter 483, Part II, F.S., or a telehealth provider registered under section 456.47(4), F.S. The purpose of this rule is to notify applicants, registrants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed and also are provided for repeat violations; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants, registrants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, registrants or licensees from violations. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

(2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For registrants or licensees, the imposition of probation as a penalty shall ordinarily require compliance with conditions such as restitution, continuing education and/or training, indirect or direct supervision by a Board-approved monitor, restrictions on practice, submission of reports, appearances before the Board, and/or hours of community service. As appropriate, such conditions of probation also shall be required following any period of suspension. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In imposing discipline 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 as authorized by Section 456.072(2), F.S., within the range corresponding to the violations set forth below. Offense identifications are descriptive only; the full language of each statutory provision must be considered in order to determine the conduct included.

(a) Section 483.825(1)(a) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery, by fraudulent misrepresentation, or through an error of the department or the board – from a minimum fine of $500 and/or up to two years of probation to a maximum of permanent revocation. After the first offense, from a minimum fine of $5,000 up to a maximum fine of $10,000 and/or permanent revocation.

1. Fraudulent misrepresentation – from six months probation and a fine of $10,000 to a maximum of permanent revocation and a fine of $10,000. For a second offense, a fine of $10,000 and permanent revocation.

2. Error of the Department or the Board – from a minimum letter of concern and/or a $500 fine up to a maximum of suspension for one year followed by two years of probation and a fine of $5,000. For a second offense, from a minimum fine of $3,000 to permanent revocation of license. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or up to two (2) years probation or denial of the application	Permanent revocation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine	$10,000 fine and/or revocation
FRAUD: FIRST OFFENSE	$10,000 fine and six (6) months probation	$10,000 fine and revocation
FRAUD: SECOND OFFENSE	$10,000 fine and revocation
ERROR: FIRST OFFENSE	$500 fine and/or a Letter of Concern	$5,000 fine and one (1) year suspension followed by two (2) years probation
ERROR: SECOND OFFENSE	$3,000 fine	Permanent revocation
ERROR: THIRD AND SUBSEQUENT OFFENSES	$10,000 fine	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS:
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(b) Section 483.825(1)(b), F.S.: Engaging in or attempting to engage in, or representing oneself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to the license. – from a minimum fine of $300 and/or one year of probation to a maximum fine of $5,000 and/or two years of probation. After the first offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or permanent revocation, however, regardless of whether it is an initial or repeat occurrence, Iif the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$300 fine and/or one (1) year probation	$5,000 and/or two (2) years probation
SECOND AND SUBSEQUENT OFFENSES	$1,000 fine and/or two (2) years probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(c) Section 483.825(1)(c), F.S.: Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting. – from a minimum fine of $300 and/or two years probation to a maximum fine of $5,000 and/or six months suspension. For a second offense, from a minimum fine of $750 and one year of probation to a maximum fine of $10,000 and/or permanent revocation. After the second offense, a fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$300 fine and/or two (2) years probation	$5,000 and/or six (6) months suspension
SECOND OFFENSE	$750 fine and one (1) year probation	$10,000 fine and/or revocation
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Six (6) months suspension
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(d) Section 483.825(1)(d), F.S.: Performing a test and rendering a report thereon to a person not authorized by law to receive such services – from a minimum fine of $500 and/or six months of probation to a maximum fine of $1,500 and one year of suspension. For a second offense, from a minimum fine of $750 and six months of probation to a maximum fine of $5,000 and/or up to three years suspension. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or six (6) months probation	$1,500 and/or one (1) year suspension
SECOND OFFENSE	$750 fine and six (6) months probation	$5,000 fine and/or up to three (3) years suspension
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine	$10,000 and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	One (1) year suspension
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(e) Section 483.825(1)(e) or 456.072(1)(c), F.S.: Having been convicted of a crime relating to the practice or ability to practice or involving moral turpitude – from a minimum fine of $500 and/or one year of probation to a maximum fine of $6,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or one (1) year probation	$6,000 and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$1,000 fine and/or two (2) years probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern to suspension and a corrective action plan	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(f) Section 483.825(1)(f), F.S.: Having been adjudged mentally or physically incompetent from a minimum of supervised probation to a maximum of indefinite suspension until licensee is 1) able to demonstrate ability to practice with reasonable skill and safety and 2) has completed appropriate remedial education based on the length of time that the licensee has been unable to practice.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	Supervised probation	Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety, completes appropriate remedial education based on the length of time that the licensee has been unable to practice, and appearance before the board
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan requiring, at a minimum, demonstration of the ability to practice with reasonable skill and safety and appearance before the board	Revocation

 

(g) Section 483.825(1)(g), 483.825(1)(w), 456.072(1)(b) or 456.072(1)(dd), F.S.

1. Violating or aiding and abetting in the violation of any provision of Chapter 456 or 483, Part II, F.S., or the rules adopted thereunder – from a minimum fine of $500 and/or a reprimand to a maximum fine of up to $8,000 and/or permanent revocation. For a second offense, from a minimum fine of $1,000 and/or six months of probation to a maximum fine of $10,000 and/or permanent revocation. After the second offense, from a minimum fine of $1,500 and/or one year of probation to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or reprimand	$8,000 and/or revocation
SECOND OFFENSE	$1,000 fine and/or six (6) months probation	$10,000 fine and/or revocation
THIRD AND SUBSEQUENT OFFENSES	$1,500 fine and/or one (1) year probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

2. Section 456.072(1)(e) or 456.072(1)(s), F.S.: In the case of noncompliance with a continuing education or HIV/AIDS or domestic violence course requirement, which is not a citation offense under Section 456.072(3), F.S., – from a minimum of suspension until the required continuing education hours are earned and/or a fine of $500 up to a maximum fine of $5,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	$500 fine and/or suspension until completion of required continuing education hours	$5,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSE	Suspension and a corrective action plan requiring completion of required continuing education hours	Revocation

 

(h) Section 483.825(1)(h), F.S.: Reporting a test result when no laboratory test was performed on a clinical specimen – fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	$10,000 fine	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSE	Reprimand	Revocation

 

(i) Section 483.825(1)(i) or 456.072(1)(m), F.S.: Knowingly advertising false services or credentials or making fraudulent misrepresentations or employing a trick or scheme – from six months of probation and a fine of $10,000 per count or offense up to a maximum of one year suspension followed by two years of probation. After the first offense, from a minimum of two years of probation with a fine of $10,000 per count or offense up to a maximum of permanent revocation and a $10,000 fine per count or offense.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine per count or offense and/or six (6) months probation	One (1) year suspension followed by two (2) years probation
SECOND AND SUBSEQUENT  OFFENSES	$10,000 fine per count or offense	$10,000 fine per count or offense and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(j) Section 483.825(1)(j) or 456.072(1)(f), F.S.: Having a license revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another jurisdiction – Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida. After the first offense, action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida
SECOND AND SUBSEQUENT  OFFENSES	Discipline consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida	$10,000 fine per count or offense and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Letter of concern to revocation as closely as possible to same penalty which would have been imposed if the substantive violation had occurred in Florida

 

(k) Section 483.825(1)(k) or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against one’s license as clinical laboratory personnel in another state, territory or country – from a minimum fine of $750 and/or a letter of concern up to a maximum fine of $5,000 and/or three months suspension followed by probation. After the first offense, from a minimum fine of $3,000 up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$750 fine and/or letter of concern	$5,000 fine and/or three (3) months suspension followed by probation
SECOND AND SUBSEQUENT  OFFENSES	$3,000 fine	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Three (3) months suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(l) Section 483.825(1)(l), 456.072(1)(aa) or 456.072(1)(z), F.S.: Being unable to perform or report clinical laboratory examination 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 or testing positive for any drug, as defined in Section 112.0455, F.S., 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 – from a minimum referral for a PRN evaluation up to permanent revocation for non-compliance. After the first offense, from a minimum referral for a PRN evaluation up to maximum of permanent revocation and/or a $3,000 fine.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Board appearance and referral to PRN for evaluation	Revocation for non-compliance
SECOND AND SUBSEQUENT  OFFENSES	Board appearance and referral to PRN for evaluation	$3,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan to include, at a minimum, a PRN evaluation	Revocation

 

(m) Section 483.825(1)(m), 456.072(1)(j) or 456.072(1)(p), F.S.: Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them or aiding unlicensed person to practice – from a minimum fine of $800 and/or six months of probation up to a maximum fine of $5,000 and three years suspension of license followed by up to 2 years probation. For a second offense, from a minimum fine of $1,000 and one year of probation up to a maximum fine of $7,500 and/or permanent revocation. After the second offense, from a minimum fine of $2,000 and/or six months suspension followed by probation up to a maximum of permanent revocation and/or a fine of $10,000.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$800 fine and/or six (6) months probation	$5,000 fine and three (3) years suspension followed by two (2) years probation
SECOND OFFENSE	$1,000 fine and one (1) year probation	$7,500 fine and/or revocation
THIRD AND SUBSEQUENT OFFENSES	$2,000 fine and/or six (6) months suspension followed by probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Three (3) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(n) Section 483.825(1)(n) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena – from a minimum fine of $500 and a reprimand up to a maximum fine of $5,000 and/or three years suspension of license followed by a term of probation. For a second offense, from a minimum fine of $1,500 and/or two years of probation up to a maximum fine of $10,000 and/or permanent revocation of license. After the second offense, from a minimum fine of $5,000 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or permanent revocation of license.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and reprimand	$5,000 fine and three (3) years suspension followed by probation
SECOND OFFENSE	$1,500 fine and/or two (2) years probation	$10,000 fine and/or revocation
THIRD AND SUBSEQUENT OFFENSES	$5,000 fine and/or six (6) months suspension followed by probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Three (3) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Six (6) months suspension followed by a corrective action plan	Revocation

 

(o) Section 483.825(1)(o) or 456.072(1)(i), F.S.: Failing to report a person in violation of Part II of Chapter 483 and 456, F.S., or the applicable rules – from a minimum fine of $800 and a letter of concern up to a maximum fine of $2,000 and/or six months suspension followed by probation. After the second offense, from a minimum of six months probation and/or a fine of $1,000 up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SECOND OFFENSE	$800 fine and a letter of concern	$2,000 fine and/or six (6) months suspension followed by probation
THIRD AND SUBSEQUENT  OFFENSES	$1,000 fine and/or six (6) months probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SECOND OFFENSE	Letter of concern	Six (6) months suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(p) Section 483.825(1)(p) or 456.072(1)(l), F.S.: Negligent filing of false report – from a minimum fine of $500 and a letter of concern up to a maximum $3,000 fine and/or up to three years of probation. For a second offense, from a minimum fine of $1,500 and a reprimand to a maximum fine of $10,000 and/or two years suspension followed by probation. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and a letter of concern	$3,000 fine and/or three (3) years of probation
SECOND OFFENSE	$1,500 fine and a reprimand	$10,000 fine and/or two (2) years suspension followed by probation
THIRD AND SUBSEQUENT OFFENSES	$1,500 fine and a reprimand	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Suspension and a corrective action plan
SECOND OFFENSE	Reprimand	Two (2) years suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(q) Section 483.825(1)(p), 456.072(1)(g), or 456.072(1)(l), F.S.: Willful filing of false report, impeding, or inducing another to file a false report. – from a minimum fine of $2,000 and/or suspension of license for three months followed by six months of probation up to a maximum fine of $8,000 and/or permanent revocation of license. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation; however, regardless of whether it is an initial or repeat occurrence, Iif the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$2,000 fine and/or three (3) months suspension followed by six (6) months probation	$8,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$2,000 fine and/or three (3) months suspension followed by six (6) months probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Three (3) months suspension followed a corrective action plan	Revocation

 

(r) Section 483.825(1)(q), F.S.: Paying or receiving a kickback, bonus, or split fee arrangement – from a minimum fine of $1,000 and/or one year probation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,500 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and/or one (1) year probation	$10,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$1,500 fine two (2) years probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(s) Section 483.825(1)(r) or 456.072(1)(n), F.S.: Exercising influence or exploitation for financial gain – from a minimum fine of $1,000 and/or restitution of improper gains and six months of probation to a maximum fine of $10,000 and/or permanent revocation. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and/or restitution of improper gains and six (6) months probation	$10,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan including, at a minimum, the restitution of improper gains	Revocation

 

(t) Section 483.825(1)(s) or 456.072(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted or competent to perform – from a minimum fine of $1,000 and/or one year of probation up to a maximum suspension of the license for two years followed by probation and a fine of $8,000. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and/or one (1) year probation	$8,000 fine and two (2) years suspension followed by probation
SECOND AND SUBSEQUENT OFFENSES	$1,000 fine and/or one (1) year probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Two (2) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(u) Section 483.825(1)(t) or 456.072(1)(a), F.S.: Misrepresenting or concealing a material fact or fraudulent representations – from a minimum of six months of probation and a fine of $10,000 per count or offense up to a maximum of permanent revocation and a fine of $10,000 per count or offense. After the first offense, from a fine of $10,000 per count or offense as well as a minimum of one year of suspension followed by probation up to a maximum of permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine per count or offense and six (6) months probation	$10,000 fine per count or offense and revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine per count or offense and at least one (1) year suspension followed by probation	Revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Revocation
SECOND AND SUBSEQUENT OFFENSES	One (1) year suspension followed a corrective action plan	Revocation

 

(v) Section 483.825(1)(u) or 456.072(1)(r), F.S.: Improperly interfering with an investigation or disciplinary proceeding – from a minimum fine of $1,000 and/or one year of probation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $2,000 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and/or one (1) year of probation	$10,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(w) Section 483.825(1)(v) or 456.072(1)(v), F.S.: Engaging or attempting to engage in sexual misconduct – from a minimum reprimand and/or referral for PRN evaluation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum year of probation and fine of $1,500 to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and/or referral for PRN evaluation	$10,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$1,500 fine and one (1) year probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand and/or suspension and a corrective action plan that requires, at a minimum, the completion of a PRN evaluation	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan that requires, at a minimum, the completion of a PRN evaluation	Revocation

 

(x) Section 456.072(1)(k), F.S.: Failing to perform any legal obligation – from a minimum fine of $500 and/or a reprimand to a maximum fine of up to $8,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,000 and/or one year of probation to a maximum fine of $10,000 and/or permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and/or reprimand	$8,000 fine and/or revocation
SECOND AND SUBSEQUENT OFFENSES	$1,000 fine and one (1) year probation	$10,000 fine and/or revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(y) Section 456.072(1)(hh), F.S.: Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, as described in Section 456.076, F.S., for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol treatment program – from a minimum fine of $500 to $1000 and suspension until compliant up to permanent revocation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	$500 and suspension until compliant	$1,000 and suspension until compliant to revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a correction action plan requiring, at a minimum, compliance	Revocation

 

(z) Section 456.072(1)(ii), F.S. for 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 Medicaid program- from a minimum of permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and revocation or denial of license
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Revocation

 

(aa) Section 456.072(1)(jj), F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement – from a minimum of a letter of concern to probation and a fine of $500 to a maximum of a reprimand to permanent revocation and fine of $2,500 for a first offense. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern to $500 fine and probation	Reprimand to $2,500 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and suspension	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension	Revocation

 

(bb) Section 456.072(1)(kk), F.S., for 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 particiapte in the program from which the practitioner was terminated has been restored – from a minimum of letter of concern and $1,000 fine to maximum of reprimand to permanent revocation and $5,000 fine. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and a letter of concern	$5,000 fine and reprimand to revocation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and suspension	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension	Revocation

 

(cc) Section 456.072(1)(ll), F.S., for 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 – permanent revocation or denial of license (minimum and maximum same).

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation or denial of license
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Revocation

 

(3) through (6) No change.

 

Rulemaking Authority 456.079, 456.47(4), 456.47(7), 483.805(4) FS. Law Implemented 456.072, 456.079, 456.47(4), 483.825 FS. History–New 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, 11-25-08, 5-31-10, 3-27-18,                        .

 

64B3-12.0015 Out-of-State Telehealth Discipline

(1) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon out-of-state telehealth providers registered pursuant to section 456.47(4), F.S., for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

VIOLATION	PENALTY RANGE
	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license. (Section 456.47(4)(i), F.S.);	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction. (Section 456.47(4)(i), F.S.)	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction	Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction to revocation
3. Violates any of the requirements of section 456.47, F.S. (Section 456.47(4)(i), F.S.)	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan to revocation
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1), or s. 491.009(1), F.S.	As stated in rule 64B3-12.001(2), F.A.C.	As stated in rule 64B3-12.001(2), F.A.C.

(2) The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, letter of concern, reprimand, suspension, and revocation.

(3) A suspension may be for a definite term or may be accompanied by a corrective action plan, as stated in rule 64B3-12.001(2), F.A.C.

(4) A suspension for a definite term may be terminated early only upon approval of the Board.  A suspension accompanied by a corrective action plan may be lifted upon successful compliance with the corrective action or otherwise determined by the Board. 

(5) A “corrective action plan” must accompany a suspension and include rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all provisions to the Board.  A corrective action plan may follow a suspension for a definite term and require continued suspension until successful compliance with the corrective action plan. Nothing in this paragraph shall be interpreted as restricting the Board’s ability to impose a suspension for a definite term absent or accompanied by a corrective action plan. 

Rulemaking Authority 456.47(4), 456.47(7) FS. Law Implemented 456.47(4) FS. History–New,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Clinical Laboratory Personnel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Clinical Laboratory Personnel

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2021