RULE NO.:RULE TITLE:
64B5-13.005Disciplinary 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. 188, September 28, 2021 issue of the Florida Administrative Register.
A Notice of Change was published in Vol. 48, No. 67, of the April 6, 2022, issue of the Florida Administrative Register. The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held May 20, 2022. The changes are as follows:
Substantial rewording for Rule 64B5-13.005 follows. See Florida Administrative Code for present text.
64B5-13.005 Disciplinary Guidelines.
(1) When the Board finds an applicant, licensee, certificate holder, or telehealth registrant whom it regulates under chapter 466, F.S., has committed any of the acts set forth in section 456.072(1), 466.028, or 456.47, F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated. For telehealth registrants, a suspension may be accompanied by a corrective action plan that addressees the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
TELEHEALTH REGISTRANT
MINIMUM
TELEHEALTH REGISTRANT MAXIMUM
(a) Attempting to obtain, obtaining or renewing a license by bribery, fraudulent misrepresentations or error of the Board.
(Sections 466.028(1)(a), 456.072(1)(h), F.S.)
1. Obtain license by bribery.
First Offense
$500 fine and two (2) years’ probation or application denial, $500 fine and referral to State Attorney’s office if not licensed.
$5,000 fine and one (1) year suspension.
Denial of Application.
Revocation or Denial of Application.
Second Offense
$10,000 fine and one (1) year suspension or application denial, $10,000 fine and referral to State Attorney’s office if not licensed.
$10,000 fine and
Permanent Revocation.
2. Obtain license by fraudulent misrepresentations.
First Offense
Denial, $500 fine and referral to State Attorney’s office if not licensed.
Denial/or five (5) year suspension, $10,000 fine and referral to State Attorney’s office if not licensed.
Denial of Application.
Revocation or Denial of Application.
Second Offense
Probation with conditions and $500 fine.
$10,000 fine and revocation or permanent denial.
Revocation or Denial.
Revocation or Denial.
(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
(Sections 466.028(1)(b), 456.072(1)(f), F.S.)
First Offense
$1,000 fine.
Suspension/denial until the license is unencumbered and active in the jurisdiction in which the disciplinary action was originally taken, up to five years, followed by probation and $5,000 fine.
Letter of Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Imposition of discipline which would have been imposed if the substantive violation occurred in Florida. Probation and $1,000 fine.
Suspension until the license is unencumbered in the jurisdiction in which disciplinary action was taken, followed by five (5) years’ probation and $10,000 fine.
One (1) month suspension.
Three (3) year Suspension.
Third Offense
One year suspension followed by probation and $5,000 fine.
Revocation and permanent denial and $10,000 fine.
One (1) year suspension.
Revocation.
(c) Guilty of a crime directly relating to practice or ability to practice.
(Sections 466.028(1)(c), 456.072(1)(c), F.S.)
First Offense
$1,000 fine.
Denial or 2 years suspension followed by 2 years probation with conditions and $5,000 fine.
One (1) month Suspension
Three (3) year Suspension or Denial of Application.
Second Offense
One year suspension followed by probation and $2,500 fine.
Denial or five (5) year suspension followed by probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Five (5) year suspension followed by probation and $7,500 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(d) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form.
(Section 466.028(1)(d), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
One (1) month Suspension.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $3,000 fine.
One (1) year suspension
followed by two (2) years probation with conditions and $8,000 fine.
Six (6) month Suspension.
Eighteen (18) month Suspension.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
Revocation and permanent denial and $10,000 fine.
One (1) year Suspension.
Revocation.
(e) Advertising, practicing, or attempting to practice under a name other than one’s own.
(Section 466.028(1)(e), F.S.)
First Offense
$1,000 fine.
One (1) year suspension and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $3,000 fine.
Two (2) years suspension followed by two (2) years probation and $7,500 fine.
Six (6) month Suspension
Revocation.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension
Revocation.
(f) Failing to report any person in violation of this chapter or of the rules of the department or the board.
(Sections 466.028(1)(f), 456.072(1)(i), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $1,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $1,000 fine.
Six (6) months suspension, one (1) year probation with conditions and $3,000 fine.
Six (6) months Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $3,000 fine.
One (1) year suspension, one (1) year probation with conditions and $5,000 fine.
One (1) year Suspension.
Revocation.
(g) Aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene.
(Sections 466.028(1)(g), 456.072(1)(j), F.S.)
First Offense
$1,000 fine.
Six (6) months suspension followed by one (1) year probation with conditions and $5,000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
1 year suspension followed by (2) years probation with conditions and $5,000 fine.
2 years suspension followed by two (2) years probation with conditions and $8,000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
2 years suspension followed by 2 years probation with conditions and $10,000 fine.
Denial/revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(h) Being employed by any corporation, organization, group, or person other than a dentist or a professional corporation or limited liability company composed of dentists to practice dentistry.
(Section 466.028(1)(h), F.S.)
First Offense
$1,000 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
1 year probation with conditions, reprimand and $3,000 fine.
One (1) year suspension followed by one (1) year probation with conditions and $8,000 fine.
Six (6) month Suspension
Revocation.
Third Offense
1 year suspension, reprimand and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(i) Failing to perform any statutory or legal obligation placed upon a licensee.
(Sections 466.028(1)(i), 456.072(1)(k), F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
1 year probation with conditions and $2,000 fine.
Two (2) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5,000 fine.
One (1) year suspension and $10,000 fine.
One (1) year Suspension.
Revocation.
(j) Making or filing a false report, failing to file a report or record required by state or federal law, knowingly impeding or obstructing such filing.
(Sections 466.028(1)(j), 456.072(1)(l), F.S.)
First Offense
$1,000 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
1 year probation with conditions and $2,500 fine.
One (1) year suspension followed by one (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5,000 fine.
Denial/revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(k) Sexual battery, as defined in chapter 794, F.S., upon a patient.
(Section 466.028(1)(k), F.S.)
First Offense
Revocation.
Revocation.
Denial or Revocation.
Denial or Revocation.
Second or Subsequent Offense
Revocation and $10,000 fine.
Revocation and $10,000 fine.
Denial or Revocation.
Denial or Revocation.
(l) Making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry.
(Sections 466.028(1)(l), 456.072(1)(a), F.S.)
First Offense
$1,000 fine.
Six (6) months probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
1 year probation with conditions and $2,000 fine.
Six (6) months suspension and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(m) Failing to keep written records and history justifying the course of treatment of the patient.
(Section 466.028(1)(m), F.S.)
First Offense
$2,500 fine.
Two (2) years probation with conditions and $7,500 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $5,000 fine.
One (1) year suspension and $10,000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Five (5)years probation with conditions and $7,500 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(n) Failing to make available to a patient or client, copies of documents which relate to the patient or client.
(Section 466.028(1)(n), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$1,000 fine.
Two (2) years probation with conditions and $5,000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(o) Performing professional services which have not been authorized by the patient or client.
(Section 466.028(1)(o), F.S.)
First Offense
$1,000 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Probation with conditions and $2,500 fine.
One (1) year suspension and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(p) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug or controlled substance, other than in the course of the professional practice of the dentist.
(Section 466.028(1)(p), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Suspension followed by probation and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(q) Prescribing any medicinal drug scheduled in chapter 893, F.S., to herself or himself.
(Section 466.028(1)(q), F.S.)
First Offense
$500 fine and PRN referral.
One (1) year suspension followed by probation with conditions, including PRN referral and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions, PRN referral, and $2,500 fine.
One (1) year suspension and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by probation, including PRN referral and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(r) Prescribing any drug which is a Schedule II amphetamine or a Schedule II sympathomimetic amine drug, pursuant to chapter 893, F.S.
(Section 466.028(1)(r), F.S.)
First Offense
$1,000 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension followed by two (2) years probation and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Three (3) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(s) Being unable to practice her or his profession 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.
(Sections 466.028(1)(s), 456.072(1)(z), F.S.)
First Offense
Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.
Denial of Application or Suspension until demonstration of ability to practice with reasonable skill and safety.
Two (2) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.
Second Offense
Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.
Suspension followed by probation and $10,000 fine.
Two (2) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.
Revocation.
Third Offense
Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $10,000 fine.
Revocation and $10,000 fine.
Five (5) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.
Revocation.
(t) Fraud, deceit, or misconduct in the practice of dentistry or dental hygiene.
(Section 466.028(1)(t), F.S.)
First Offense
$2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $8,000 fine.
One (1) year suspension followed by two (2) years probation and $10,000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $10,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(u) Failure to provide and maintain reasonable sanitary facilities and conditions.
(Section 466.028(1)(u), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $3,000 fine.
One (1) year suspension, followed by two (2) years probation with conditions and $7,500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
One (1) year probation with conditions and $8,000 fine.
Revocation and $10,000 fine.
Not Applicable to Telehealth Registrants.
(v) Failure to provide adequate radiation safeguards.
(Section 466.028(1)(v), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $3,000 fine.
One (1) year suspension followed by probation and $7,500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Two (2) years probation with conditions and $8,000 fine.
Revocation and $10,000 fine.
Not Applicable to Telehealth Registrants.
(w) Performing any procedure which would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.
(Section 466.028(1)(w), F.S.)
First Offense
$1,000 fine.
Probation with conditions and $3,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Probation with conditions and $3,500 fine.
Suspension followed by probation and $10,000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Suspension followed by probation and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(x) Being guilty of incompetence or negligence, including, but not limited to, being guilty of dental malpractice.
(Section 466.028(1)(x), F.S.)
First Offense
$2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension and $10,000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Two (2) years probation and $7,500 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(y) Practicing beyond the scope that she or he is competent to perform.
(Sections 466.028(1)(y), 456.072(1)(o), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $2,500 fine.
One (1) year suspension followed by one (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(z) Delegating or contracting for professional responsibilities to a person who is not qualified to perform them.
(Sections 466.028(1)(z), 456.072(1)(p), F.S.)
First Offense
$2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension followed by two (2) years probation and $10,000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year probation with conditions and $7,500 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
Any violation of section 466.028(1)(z), F.S., will result in a minimum licensure suspension of six months, in addition to any other penalty authorized for this violation, except where revocation is imposed.
(aa) The violation of a lawful order of the board, or failure to comply with subpoena of the board or department.
(Sections 466.028(1)(aa), 456.072(1)(q), F.S.)
First Offense
$5,000 fine.
Suspension until compliant with order or subpoena, probation with conditions and $10,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$10,000 fine.
Suspension until compliant with order or subpoena followed by probation with conditions and $10,000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Revocation and $10,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(bb) Conspiring with another licensee or with any person to commit an act, which would tend to coerce, intimidate, or preclude another licensee from advertising services.
(Section 466.028(1)(bb), F.S.)
First Offense
$1,000 fine.
$5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension followed by two (2) years probation and $10,000 fine.
One (1) year Suspension.
Revocation.
(cc) Being adjudged mentally incompetent in this or any other state, the discipline for which shall last only so long as the adjudication.
(Section 466.028(1)(cc), F.S.)
First and any subsequent offense.
Suspension until adjudged competent by same court.
Suspension until adjudged competent by same court.
Denial of Application or suspension until adjudged competent by same court.
Denial of Application or suspension until adjudged competent by same court.
(dd) Presigning blank prescription or laboratory work order forms.
(Section 466.028(1)(dd), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension followed by two (2) years probation and $10,000 fine.
One (1) year Suspension.
Revocation.
(ee) Prescribing growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance.
(Section 466.028(1)(ee), F.S.)
First Offense
$1,000 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $2,500 fine
Three (3) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5,000 fine.
One (1) year suspension and $10,000 fine.
One (1) year Suspension.
Revocation.
(ff) Operating a dental office such as to result in dental treatment that is below minimum acceptable standards of performance for the community.
(Section 466.028(1)(ff), F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Three (3) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(gg) Administering anesthesia in a manner which violates rules of the board.
(Section 466.028(1)(gg), F.S.)
First Offense
$1,000 fine and Reprimand.
Two (2) years probation with conditions and $5,000 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $2,500 fine.
One (1) year suspension and $7,500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
Not Applicable to Telehealth Registrants.
(hh) Failing to report any licensee under chapter 458 or 459, F.S., who the dentist knows has violated the grounds for disciplinary action.
(Section 466.028(1)(hh), F.S.)
First Offense
$1,000 fine and Letter of Concern.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$2,500 fine and Reprimand.
$7,500 fine and two (2) years probation.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5,000 fine and thirty (30) days suspension.
$10,000 fine and two (2) years suspension.
One (1) year Suspension.
Revocation.
(ii) Failing to report to the board, within 30 days action has been taken against one’s license to practice dentistry in another state, territory, or country.
(Section 466.028(1)(ii), F.S.)
First Offense
$1,000 fine.
$5,000 fine and denial of application or two (2) years suspension followed by three (3) years probation.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation and $2,500 fine.
$7,500 fine and two (2) years suspension or revocation.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years probation and $5,000 fine.
$10,000 fine and denial of application or revocation.
One (1) year Suspension.
Revocation.
(jj) Advertising specialty services in violation of this chapter.
(Section 466.028(1)(jj), F.S.)
First Offense
$1,000 fine.
$5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$2,500 fine.
One (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
One (1) year suspension followed by two (2) years probation and $10,000 fine.
One (1) year Suspension.
Revocation.
(kk) Allowing any person to interfere with a dentist’s clinical judgment.
(Section 466.028(1)(kk), F.S.)
First Offense
$1,000 fine.
$5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $2,500 fine.
Two (2) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
One (1) year suspension and $10,000 fine.
One (1) year Suspension.
Revocation.
(ll) Violating any provision of Chapters 456 and 466, F.S., or any rules adopted pursuant thereto.
(Sections 466.028(1)(mm),
First Offense
$750 fine.
Six (6) months probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Six (6) months probation with conditions and $2,500 fine
One (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension followed by probation and $10,000 fine.
One (1) year Suspension.
Revocation.
(mm) Failing to comply with the educational course requirements for HIV.
(Section 456.072(1)(e), F.S.)
First Offense
$500 fine.
Six (6) months probation with conditions and $1,500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
$1,000 fine.
One (1) year probation with conditions and $5,000 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2,500 fine.
Eighteen (18) months probation with conditions and $7,500 fine.
Not Applicable to Telehealth Registrants.
(nn) 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.)
First Offense
$1,000 fine.
Six (6) months probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$3,500 fine.
One (1) year probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5,000 fine.
One (1) year suspension and $10,000 fine.
One (1) year Suspension.
Revocation.
(oo) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.
(Section 456.072(1)(m), F.S.)
First Offense
$1,000 fine and Letter of Concern.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension followed by two (2) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5,000 fine.
Five (5) years suspension and $10,000 fine.
One (1) year Suspension.
Revocation.
(pp) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.
(Section 456.072(1)(n), F.S.)
First Offense
$1,000 fine and Letter of Concern.
Two (2) years probation with conditions and $5,000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension followed by two (2) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(qq) Wrong patient, wrong-site procedure, a wrong procedure, medically unnecessary.
(Section 456.072(1)(bb), F.S.)
First Offense
$1,000 fine and Letter of Concern.
Two (2) years probation with conditions and $5,000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension followed by two (2) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(rr) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(Section 456.072(1)(r), F.S.)
First Offense
$1,000 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $2,500 fine.
One (1) year suspension followed by probation and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Five (5) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(ss) Failing to comply with the educational course requirements for domestic violence.
(Section 456.072(1)(s), F.S.)
First Offense
$500 fine.
Probation with conditions and $2,500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $1,000 fine.
Probation with conditions and $4,000 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2,500 fine.
Probation with conditions and $8,000 fine.
Not Applicable to Telehealth Registrants.
(tt) Failing to comply with sections 381.026 and 381.0261, F.S., patient rights and how to file a patient complaint.
(Section 456.072(1)(u), F.S.)
First Offense
$500 fine.
Probation with conditions and $2,500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $1,000 fine.
Probation with conditions and $4,000 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2,500 fine.
Probation with conditions and $8,000 fine.
Not Applicable to Telehealth Registrants.
(uu) Engaging or attempting to engage in sexual misconduct as defined and prohibited in section 456.063(1), F.S.
(Section 456.072(1)(v), F.S.)
First Offense
$2,500 fine and Reprimand.
One (1) year suspension followed by three (3) years probation with conditions and $7,500 fine.
One (1) year suspension.
Revocation or Denial of Application.
Second Offense
Three (3) years probation with conditions and $5,000 fine.
$10,000 fine and three (3) year suspension followed by five (5) years probation with conditions or revocation.
Revocation.
Revocation.
Third Offense
Five (5) years suspension followed by three (3) years probation with conditions and $8,000 fine.
Revocation and $10,000 fine.
Revocation.
Revocation.
(vv) Failing to report to the board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to regardless of adjudication, a crime in any jurisdiction.
(Section 456.072(1)(x), F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
One (1) year probation with conditions and $2,500 fine.
Two (2) years probation with conditions and $7,5000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years probation with conditions and $5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(ww) Using information about people involved in motor vehicle accidents which has been derived from accident reports.
(Section 456.072(1)(y), F.S.)
First Offense
$500 fine and Letter of Concern.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
$2,500 fine and Reprimand.
Four (4) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5,000 fine and Reprimand.
One (1) year suspension followed by five (5) years probation and $10,000 fine.
One (1) year Suspension.
Revocation.
(xx) Leaving a foreign body in a patient.
(Section 456.072(1)(cc), F.S.)
First Offense
$1,000 fine.
Two (2) years probation with conditions and $5,000 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $2,500 fine.
Five (5) years probation with conditions and $7,500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Probation with conditions and $5,000 fine.
$10,000 fine and two (2) years suspension followed by five (5) years probation with monitoring or revocation.
Not Applicable to Telehealth Registrants.
(yy) Testing positive for any drug, on any preemployment or employer-ordered drug screening.
(Section 456.072(1)(aa), F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
Six (6) month Suspension or Denial of Application.
Second Offense
$2,500 fine.
Four (4) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5,000 fine.
One (1) year suspension followed by five (5) years probation with conditions and $10,000 fine.
One (1) year Suspension.
Revocation.
(zz) Intentionally submitting a personal injury protection claim required by section 627.736, F.S., statement that has been “upcoded” as defined in section 627.732, F.S.
(Section 456.072(1)(ee), F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
$2,500 fine.
Four (4) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5,000 fine.
One (1) year suspension followed by five (5) years probation with conditions and $10,000 fine.
One (1) year Suspension.
Revocation.
(aaa) Intentionally submitting a personal injury protection claim required by section 627.736, F.S., for services that were not rendered.
(Section 456.072(1)(ff), F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
$2,500 fine.
Four (4) years probation with conditions and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5,000 fine.
One (1) year suspension followed by five (5) years probation with conditions and $10,000 fine.
One (1) year Suspension.
Revocation.
(bbb) Engaging in a pattern of practice of prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients or a violation of sections 893.055 and 893.0551, F.S., or law and rules relating to prescribing practitioners.
(Section 456.072(1)(gg), F.S.)
First Offense
$1,500 fine.
Two (2) years probation with conditions and $5,000 fine.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Two (2) years probation with conditions and $3,000 fine.
One (1) year suspension and $7,500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5,000 fine.
Revocation and $10,000 fine.
One (1) year Suspension.
Revocation.
(ccc) Failing to comply with, failing to successfully complete, or being terminated from an impaired practitioner treatment program.
(Section 456.072(1)(hh), F.S.)
First Offense
Suspension, until compliant, followed by 2 years probation with conditions and $2,000 fine.
Suspension until compliant, followed by 5 years probation with conditions and $5,000 fine.
Denial of Application or Suspension until Complaint, followed by Corrective Action Plan.
Denial of Application or Suspension until Complaint, followed by Corrective Action Plan.
Second or Subsequent Offense
Three years suspension followed by 5 years probation with conditions and $10,000 fine.
Revocation and $10,000 fine.
Revocation and $10,000 fine.
Revocation.
(ddd) Being convicted of, or entering a plea of 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.)
First Offense
Misdemeanor Reprimand, $10,000 fine, suspension.
Felony Revocation.
Misdemeanor – $10,000 fine, revocation.
Felony – Revocation.
Revocation.
Revocation.
Second Offense
Misdemeanor or Felony – Revocation and $10,000 fine.
Misdemeanor or Felony – Revocation and $10,000 fine.
Misdemeanor or Felony – Revocation and $10,000 fine.
Misdemeanor or Felony – Revocation and $10,000 fine.
(eee) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgement, or stipulation or settlement.
(Section 456.072(1)(jj), F.S.)
First Offense
$2,500 fine, Letter of concern.
$7,500 fine and one (1) year suspension.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
$7,500 fine, reprimand.
$10,000 fine, revocation.
Revocation.
Revocation.
(fff) 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.
First Offense
$1,000 fine and a Letter of Concern.
$5,000 fine, one (1) year suspension followed by two (2) years probation.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
$5,000 fine and a reprimand.
$10,000 fine and two (2) year’s suspension followed by three (3) years probation.
Revocation.
Revocation.
Third Offense
$10,000 fine, five (5) year suspension followed by five (5) years probation.
$10,000 fine and revocation.
Revocation.
Revocation.
(ggg) Being convicted of, or entering a plea of guilty or nolo contendere, to any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud.
(Section 456.072(1)(ll), F.S.)
First Offense
Misdemeanor – $10,000 fine, reprimand.
Felony – Revocation $10,000 fine.
Misdemeanor – $10,000 fine, suspension.
Felony – Revocation $10,000 fine.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
Misdemeanor or Felony – $10,000 fine, revocation.
Misdemeanor or Felony – $10,000 fine, revocation.
Revocation.
Revocation.
(hhh) Failure to comply with the controlled substance prescribing requirements of section 456.44, F.S. (Section 456.072(1)(mm), F.S.)
First Offense
Suspension of license for a period of six (6) months followed by a period of probation and an administrative fine in the amount of $10,000.
Revocation and an administrative fine of $10,000.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Suspension of license for a period of one (1) year followed by probation and an adminstrative fine in the amount of $10,000.
Revocation and an administrative fine in the amount of $10,000.
Six (6) month Suspension.
Revocation.
(iii) Providing false or deceptive expert witness testimony related to the practice of dentistry.
(Section 466.028(1)(ll), F.S.)
First Offense
Reprimand and an administrative fine of $5,000.
Revocation and an administrative fine of $10,000.
Reprimand.
One (1) year Suspension or Denial of Application.
Second Offense
Revocation and an administrative fine of $10,000.
Revocation and an administrative fine of $10,000.
Six (6) month Suspension.
Revocation.
(jjj) 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.
First Offense
Reprimand and a $5,000 fine.
Probation with conditions and $7,500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Reprimand; suspension for 6 months followed by probation with conditions; and $8,000 fine.
$10,000 fine and revocation.
Not Applicable to Telehealth Registrants.
(kkk) Failure to comply with the parental consent requirements of s. 1014.06.
(Section 456.072(1)(rr), F.S.)
First Offense
Letter of Concern.
Reprimand and $500 fine.
Reprimand.
One (1) month suspension.
Second Offense
Reprimand and $250 fine.
Probation with conditions.
One (1) month suspension.
Six (6) month suspension.
Third or Subsequent Offense
Probation with conditions and $2,500 fine.
One (1) year suspension and $5,000 fine.
One (1) year suspension.
Denial or revocation of License.
(lll) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5), F.S. or similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)
First Offense
Denial or revocation of license.
Denial or revocation of license and $5,000 fine.
Denial or revocation of license.
Denial or revocation of license.
Second or Subsequent Offense
Denial or revocation of license and $5,000 fine.
Denial/revocation of license and $10,000 fine.
Denial or revocation of license.
Denial or revocation of license.
(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, except for explicit statutory maximum and minimum penalty requirements, the Board may deviate from the penalties recommended in subsection (1), above, and subsection (3), below. The Board shall consider as aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The number of specific offenses, other than the offense for which the licensee is being punished;
(c) Prior discipline that has been imposed on the licensee;
(d) The length of time the licensee has practiced;
(e) The actual damage, physical or otherwise, caused by the violation and the reversibility of the damage;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee;
(h) Efforts by the licensee towards rehabilitation;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation; and,
(k) Degree of contrition and acceptance of responsibility by Respondent.
(3) Penalties imposed by the Board pursuant to subsections (1) and (2), above, may be imposed in combination or individually, and are as follows:
(a) Issuance of a reprimand or letter of concern, which may be imposed in any disciplinary case, regardless of whether the penalty is referenced in any individual offense guideline;
(b) Imposition of an administrative fine not to exceed $10,000.00 for each count or separate offense; for any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per each count or offense, pursuant to section 456.072(2)(d), F.S. Unless stated otherwise in the disciplinary order, any imposed adminstrative fines are due within 90 days of the effective date of a final order imposing fines;
(c) Restriction of the authorized scope of practice or license. In taking disciplinary action against any person, whether or not the action also involves placing a licensee on probation, or imposing any penalty, the Board may impose restrictions on the practice or the license that include, but are not limited to the following:
1. Requiring remedial education as a requirement of continued practice,
2. Restricting the licensee from practicing in certain settings,
3. Restricting the licensee to work in only certain settings or under designated conditions,
4. Restricting the licensee from performing or providing designated clinical and administrative services,
5. Restricting the licensee from practicing a designated number of hours,
6. Any other restriction found to be necessary for the protection of the public health, safety, and welfare.
(d) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify:
1. Probation Term. Unless otherwise specified above within each individual offense guideline, or unless a lesser period of time is stated in the order imposing probation, the period of probation will be for a period of five (5) years,
2. Probation Conditions. Probation conditions may include but not be limited to the following and may be imposed regardless of whether the term “conditions” is referenced in an individual offense guideline:
a. Requiring the licensee to attend additional continuing education courses or remedial education,
b. Requiring the licensee to pass an examination on the content and requirements of chapters 456 and 466, F.S., and division 64B5, F.A.C.,
c. Requiring the licensee to work under the supervision of another licensee, including the submission of documents and reports from the supervisor and licensee,
d. Tolling of the running of the probationary period when the licensee ceases to practice in Florida, or fails to maintain compliance with the probation requirements,
e. Compliance with all terms of the order that imposes probation,
f. Evaluation by an impaired practitioners network or program and entering or maintaining compliance with a recommended impaired practitioners program contract,
g. Submitting to a continuing education audit for the next two consecutive biennial licensure renewal periods beginning with the date of the order imposing probation,
h. Corrective action related to the violation, including but not limited to the repayment of any fees billed and collected from a patient or third party on behalf of the patient.
i. The licensee is responsible for all costs associated with compliance with the terms of probation.
(e) Suspension of a license. Unless otherwise specified above within each individual offense guideline, or unless a lesser period of time is stated in the order imposing suspension, the period of suspension will be for a period of three years;
(f) Revocation of a license; which shall be permanent unless specified otherwise in the final order;
(g) Denial of an application for licensure, any violation of a provision of section 456.072(1) or 466.028(1), F.S,. may be the basis for denial or issuance of licensure with restrictions or conditions; and,
(h) Costs. The licensee is responsible for payment of all costs of investigation and prosecution related to a disciplinary case. Additionally, all costs related to compliance with an order taking disciplinary action are the obligation of the licensee. Unless stated otherwise in the disciplinary order, any imposed costs are due within 90 days of the effective date of a final order imposing costs.
(4) The provisions of subsections (1) through (3), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement or consent order pursuant to section 120.57(4), F.S.
(5) The provisions of subsections (1) through (4), above, are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Agency pursue collateral civil or criminal actions when appropriate.
Rulemaking Authority 456.079(1) 456.47(7), FS. Law Implemented 456.072(2), 456.079(1), 456.47(4), 466.028 FS. History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10, 1-24-12, 4-25-17, 11-14-18, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Sapp, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258; Jessica.Sapp@myflhealth.gov
