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. 43 No. 55, March 21, 2017 issue of the Florida Administrative Register.
64B32-5.001 Disciplinary Guidelines.
(1) The Board may impose disciplinary penalties upon a determination that an applicant or licensee:
(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;
Section 456.0635, F.S., outlines specific offenses for which the Board is prohibited from issuing or renewing a license, certificate, or registration to any applicant if the candidate has been convicted of, pled nolo contendere, or guilty to, regardless of adjudication, a felony under Chapter 409, Chapter 817, Chapter 893, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss 1395-1396, unless the sentence and any subsequent period of probation for such conviction or pleas ended more than 15 years prior to the date of the application.
(c) Has committed an act defined as “unprofessional conduct” in this rule chapter; or
(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. 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 or licensee’s livelihood;
(h) Any efforts for rehabilitation;
(i) Any other mitigating or aggravating circumstances.
(3) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, 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), 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.
VIOLATION
RECOMMENDED RANGE OF PENALTY
(a) through (p) No change.
(q) Exercising influence or engage patient in sex.
(468.365(1)(q), 456.072(1)(v) (u) F.S.)
First Offense
From one year suspension followed by at least one year probation with conditions and possible referral to the PRN to revocation, and an administrative fine from $500 to $2,000.
Second Offense
From one year suspension followed by at least one year
probation with conditions to revocation with no ability to
reapply and possible referral to PRN a fine from $1,000 to
$10,000.
(r) through (v) No change.
(w) Inability to practice
First Offense
From referral to PRN for submission to a mental or physical
respiratory care with
examination directed towards the problem and/or
skill and safety.
one year probation with conditions, to revocation
(468.365(1)(w), 456.072(1)(y), (z), F.S.)
and an administrative fine from $100 to $1,000.
Second Offense
From referral to PRN and/or two years of probation with
conditions to revocation and a fine from $300 to $5,000.
(x) Violation of this chapter,
First Offense
From a reprimand to revocation and a fine from $300 to
Chapter 456, F.S., or any rules adopted
$2,000.
pursuant thereto.
Second Offense
From six months of probation with conditions to revocation
and a fine from $1,000 to $10,000.
456.072(1)(b), (cc), (dd), F.S.)
Third Offense
From one year of probation with conditions to revocation
and a fine from $2,000 to $10,000.
(y) No change
(z) Failure to report conviction
First Offense
From reprimand to six months suspension and a fine from
or plea.
$300 to $1,000.
(456.072(1)(w), (x), F.S.)
Second Offense
From one year probation with conditions to revocation with
no ability to reapply and a fine from $1,000 to $10,000.
(aa) Wrong patient, wrong site,
First Offense
From one year probation with conditions to revocation
or wrong or unauthorized
and a fine from $500 to $2,000.
procedure.
(456.072(1)(aa), (bb), F.S.)
Second Offense
From two years probation with conditions to revocation and a fine from $2,000 to $10,000.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000 to $10,000.
(bb) No change.
(cc) Testing positive in a
pre-employer ordered drug screen.
(456.072(1)(z), (aa), F.S.)
First Offense
From six months probation with referral to PRN to revocation employment condition and/or and a fine from $500 to $2,000.
Second Offense
From one year probation with conditions and referral to PRN to revocation and an administrative fine from $1,000 to $10,000.
(dd) Termination of PRN Contract Any Offense Reprimand to revocation, plus an administrative fine from
(456.072(hh), F.S.) $250 to $2,000.
(ee) Practicing with a delinquent, Any Offense Reprimand to revocation, plus an administrative fine from
retired, or inactive status license. $2,000 to $10,000.
However, iIf fraud is shown, the fine is increased to $10,000 fine per count.
(ff) through (gg) No change.
(hh) Terminated for cause from the
Florida Medicaid program pursuant
to Section 409.913, F.S.
Any Offense
The board is prohibited from issuing or renewing a license,
certificate, or registration, unless the applicant has been in good
standing with the Florida Medicaid program for the most recent 5
years.
(ii) Terminated for cause, pursuant to
the appeals procedures established by
the state or Federal Government,
from any other state Medicaid
program. (456.0635, F.S.) or the Federal Medicare
program.
Any Offense
The board is prohibited from issuing or renewing a license,
certificate, or registration, unless the applicant has been in good
standing with a state Medicaid program or the Federal Medicare
program for the most recent 5 years and the termination occurred
at least 20 years prior to the date of the application.
(jj) Willfully failing to comply with
s. 627.64194 or s. 641.513 with such
frequency as to indicate a general
business practice.
(Section 456.072(1)(oo), F.S.)
First Offense
Second Offense
Third Offense
From refund of fees billed and a minimum of one year probation
with conditions, to two years suspension and an administrative
fine from $500 to $3,000.
From refund of fees billed and two years probation with
Conditions to revocation and a fine from $2,000 to $10,000.
Refund of fees billed, revocation with no ability to reapply and a
Fine from $3,000 to $10,000.
However, if the offense is for fraud, the fine is increased to $10,000 per count or offense.
(4) through (6) No change.
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, .
