The proposed revisions clarify and amend existing guidelines and add new guidelines for out-of-state telehealth discipline.
RULE NOS.:RULE TITLES:
64B32-5.001Disciplinary Guidelines
64B32-5.0015Out-of-State Telehealth Discipline
PURPOSE AND EFFECT: The proposed revisions clarify and amend existing guidelines and add new guidelines for out-of-state telehealth discipline.
SUMMARY: The language for disciplinary guidelines has been revised. The language for out-of-state telehealth discipline has been added.
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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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, 456.353(3), 468.365(4) FS.
LAW IMPLEMENTED: 456.0635, 456.072, 456.079, 468.365 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: Allen Hall, Executive Director, Board of Respiratory Care, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3253.
THE FULL TEXT OF THE PROPOSED RULE IS:
64B32-5.001 Disciplinary Guidelines.
(1) The Board may impose disciplinary penalties upon a determination that an applicant, or licensee, or telehealth provider registered under section 456.47(4), F.S.:
(a) through (c) No Change.
(2) No Change.
(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), F.S., the Board shall recover the costs of the investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.
VIOLATION
RECOMMENDED RANGE OF PENALTY
(a) Attempting to obtain a license or registration by bribery, fraud or through an error of the Department or the Board.
(Sections 468.365(1)(a), 456.072(1)(h), F.S.)
First Offense
From one year probation with conditions to revocation and payment of a fine of $250.00 to $1,000.00.
Second Offense
From revocation with ability to reapply and a fine from $2,000.00 to $6,000.00.
Third Offense
From revocation with no ability to reapply and a fine from $6,000.00 to $10,000.00.
.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to denial or revocation and payment of a fine of $250.00 to $1000.00.
SECOND OFFENSE
From revocation with ability to reapply and a fine from $2,000.00
to $6,000.00.
THIRD OFFENSE
From revocation with no ability to reapply and a fine from $6,000.00
to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From denial of registration
to revocation.
SECOND AND SUBSEQUENT OFFENSES
From denial of registration
to revocation.
However, if the violation is not through an error but is for fraud or making a false or fraudulent representation, the fine is increased to $10,000.00 per count or offense.
(b) Actions taken against license by another jurisdiction.
(Sections 468.365(1)(b), 456.072(l)(f), F.S.)
First Offense
From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation occurred in Florida to suspension of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $300.00 to $1,000.00. Impaired practitioners working in this state may be ordered into the PRN.
Second Offense
Same as for a first offense except a fine shall range from $1,000.00 to $2,000.00.
Third Offense
Same minimum as for a first offense with a maximum penalty of revocation and a fine from $2,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation occurred in Florida to suspension of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $300.00
to $1,000.00. Impaired practitioners working in this state may be ordered into the PRN.
SECOND OFFENSE
Same as for a first offense except a fine shall range from $1,000.00
to $2,000.00.
THIRD OFFENSE
Same minimum as for a first offense with a maximum penalty of revocation and a fine from $2,000.00
to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From letter of concern
to suspension until completion of a corrective action plan, denial or revocation.
SECOND AND SUBSEQUENT OFFENSES
From letter of concern
to suspension until completion of a corrective action plan, denial or revocation
(c) Guilt of crime directly relating to practice or ability to practice.
(Sections 468.365(1)(c), 456.072(1)(c), F.S.)
First Offense
From a minimum of six months probation with conditions to revocation of the license and an administrative fine ranging from $300.00 to $1,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.
Second Offense
From one year suspension and $5,000.00 fine to revocation and fine of $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From six months probation with conditions
to revocation of the license and an administrative fine ranging from $300.00 to $1,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.
SECOND OFFENSE
From one year suspension and $5,000.00 fine
to revocation and fine of $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum one year suspension and completion of a corrective action plan
to revocation.
.
(d) Willfully failing to file a report as required.
(Sections 468.365(1)(d), 456.072(1)(l), F.S.)
First Offense
From six months to one year probation with conditions, and an administrative fine from $300.00 to $1,000.00.
Second Offense
From one year probation with conditions to six months suspension and a fine from $500.00 to $3,000.00.
Third Offense
From one year suspension to revocation and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From six months probation
to one year probation with conditions, and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From one year probation with conditions
to six months suspension and a fine from $500.00 to $3,000.00.
THIRD OFFENSE
From one year suspension
to revocation and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to one year suspension and completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSE
From a minimum one year suspension and completion of a corrective action plan
to revocation.
However, if the violation is not through an error but is for fraud or making a false or fraudulent representation offense is for fraud or for willfully making a false or fraudulent report, the fine is increased to $10,000.00 per count or offense.
(e) False, deceptive, or misleading advertising.
(Section 468.365(1)(e), F.S.)
First Offense
From reprimand to one year suspension, and an administrative fine from $250.00 to $1,000.00.
Second Offense
From one year probation with conditions to one year suspension and a fine from $500.00 to $3,000.00.
Third Offense
From one year suspension to revocation and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From a reprimand
to one year suspension, and an administrative fine from $250.00 to $1,000.00.
SECOND OFFENSE
From one year probation with conditions
to one year suspension and a fine from $500.00 to $3,000.00.
THIRD OFFENSE
From one year suspension
to revocation and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
suspension until completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES
From suspension until completion of a corrective action plan
to revocation.
(f) Unprofessional conduct.
(Section 468.365(1)(f), F.S.)
First Offense
From a minimum of one year probation with conditions to revocation, and an administrative fine from $300.00 to $2,000.00.
Second Offense
From one year suspension to revocation and a fine from $2,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation, and an administrative fine from $300.00 to $2,000.00.
SECOND OFFENSE
From one year suspension
to revocation and a fine from $2,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND AND SUBSEQUENT OFFENSES
From a minimum one year suspension until completion of a corrective action plan
to revocation.
(g) Controlled substances.
(Section 468.365(1)(g), F.S.)
First Offense
From a minimum of six months probation with conditions to revocation of the license and an administrative fine ranging from $1,000.00 to $5,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.
Second Offense
From one year suspension to revocation and a fine from $5,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From six months probation with conditions
to revocation of the license and an administrative fine ranging from $1,000.00 to $5,000.00. Any Board ordered probation shall be for no less time than Court ordered sanctions.
SECOND OFFENSE
From one year suspension
to revocation and a fine from $5,000.00to $10,000.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(h) Failure to report another licensee in violation.
(Sections 468.365(1)(h), 456.072(1)(i), F.S.)
First Offense
From a letter of concern to six months probation with conditions, and an administrative fine from $300.00 to $1,000.00.
Second Offense
From six months probation with conditions to one year suspension and a fine from $500.00 to $3,000.00.
Third Offense
From one year suspension to revocation and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From a letter of concern
to six months probation with conditions, and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From six months probation with conditions
to one year suspension and a fine from $500.00 to $3,000.00.
THIRD OFFENSE
From one year suspension
to revocation and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a letter of concern
to six months suspension and completion of a corrective action plan.
SECOND AND SUBSEQUENT OFFENSES
From suspension until completion of a corrective action plan
to a minimum of one year suspension and completion of a corrective actio plan or revocation.
(i) Violation of order of the Board or Department or failure to comply with subpoena.
(Sections 468.365(1)(i), 456.072(1)(q), F.S.)
First Offense
From a reprimand to six months suspension, and an administrative fine from $300.00 to $1,000.00. For failure to comply with subpoena, $250.00 minimum fine and ninety day suspension and thereafter until compliance.
Second Offense
From one year suspension to revocation and a fine from $2,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From reprimand
to six months suspension, and an administrative fine from $300.00 to $1,000.00. For failure to comply with subpoena, $250.00 minimum fine and ninety day suspension and thereafter until compliance.
SECOND OFFENSE
From one year suspension
to revocation and a fine from $2,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
to suspension until completion of a corrective action plan,
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(j) Unlicensed practice.
(Section 468.365(1)(j), F.S.)
First Offense
A reprimand to six months suspension followed by one year, and probation with conditions, and an administrative fine from $500.00 to $1,000.00.
Second Offense
From six months suspension to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
Revocation with no ability to reapply and a fine from $5,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From reprimand
to six months suspension followed by one year probation with conditions, and an administrative fine from $500.00 to $1,000.00.
SECOND OFFENSE
From six months suspension
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From revocation and a fine from $5,000.00
to revocation and a fine of $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
to suspension until completion of a corrective action plan or revocation
SECOND OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
Revocation.
(k) Aiding unlicensed practice.
(Sections 468.365(1)(k), 456.072(1)(j), F.S.)
First Offense
From a minimum of one year probation with conditions to six months suspension followed by one year of probation with conditions, and an administrative fine from $500.00 to $3,000.00.
Second Offense
From six months suspension followed by one year of probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation with conditions to revocation with no ability to reapply and a fine from $6,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to six months suspension followed by one year of probation with conditions, and an administrative fine from $500.00 to $3,000.00.
SECOND OFFENSE
From six months suspension followed by one year of probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From six months suspension followed by two years probation with conditions
to revocation with no ability to reapply and a fine from $6,000.00 to $10,000.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to one year suspension and completion of a corrective action plan.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From minimum of two years suspension and completion of a corective action plan
to revocation.
(l) Failure to perform legal obligation.
(Sections 468.365(1)(l), 456.072(1)(k), F.S.)
First Offense
From a reprimand to revocation, and an administrative fine from $300.00 to $1,000.00.
Second Offense
From one year probation with conditions to six months suspension and a fine from $500.00 to $5,000.00.
Third Offense
From one year suspension to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From a reprimand
to revocation, and an administrative fine from $300.00 to $1,000.00
SECOND OFFENSE
From one year probation with conditions
to six months suspension and a fine from $500.00 to $5,000.00.
THIRD OFFENSE
From one year suspension
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a reprimand
to revocation,
SECOND OFFENSE
From suspension until completion of a corrective action plan
to a minimum of one year suspension and completion of a corrective action plan.
THIRD OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(m) Practicing beyond competence level.
(Sections 468.365(1)(m), 456.072(1)(o), F.S.)
First Offense
From reprimand to one year suspension followed by two years probation and an administrative fine from $300.00 to $2,000.00.
Second Offense
From six months suspension followed by one year probation with conditions to revocation and a fine from $1,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From reprimand
to one year suspension followed by two years probation and an administrative fine from $300.00 to $2,000.00.
SECOND OFFENSE
From six months suspension followed by one year probation with conditions
to revocation and a fine from $1,000.00 to $10,000.00.
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
to suspension until completion of a corrective action plan.
SECOND OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum one year suspension and completion of a corrective action plan
to revocation.
(n) Delegation of professional responsibilities to unqualified person.
(Sections 468.365(1)(n), 456.072(1)(p), F.S.)
First Offense
From one year probation with conditions to revocation, and an administrative fine from $300.00 to $1,000.00.
Second Offense
From six months suspension followed by one year of probation with conditions to revocation and a fine from $1,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation, and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From six months suspension followed by one year of probation with conditions
to revocation and a fine from $1,000.00 to $10,000.00.
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(o) Malpractice.
(Section 468.365(1)(o), F.S.)
First Offense
From one year probation with conditions to revocation, and an administrative fine from $500.00 to $2,000.00.
Second Offense
From two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation, and an administrative fine from $500.00 to $2,000.00.
SECOND OFFENSE
From two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum of one year suspension and completion of a corrective actio plan
to revocation.
(p) Kickbacks or split fee arrangements.
(Section 468.365(1)(p), F.S.)
First Offense
From refund of fees billed and six months suspension followed by at least one year probation with conditions to revocation, and administrative fine from $300.00 to $3,000.00.
Second Offense
From one year suspension followed by two years probation with conditions to revocation with no ability to reapply and a fine from $2,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From refund of fees billed and six months suspension followed by at least one year probation with conditions
to revocation, and administrative fine from $300.00 to $3,000.00
SECOND OFFENSE
From one year suspension followed by two years probation with conditions
to revocation with no ability to reapply and a fine from $2,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(q) Exercising influence or engage patient in sex.
(Sections 468.365(1)(q), 456.072(1)(v), 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 $500.00 to $2,000.00.
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 $1,000.00 to $10,000.00.
MINIMUM
MAXIMUM
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 $500.00 to $2,000.00
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 $1,000.00 to $10,000.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
SECOND OFFENSE
Revocation.
(r) Deceptive, untrue, or fraudulent representations in the practice of respiratory care.
(Sections 468.365(1)(r), 456.072(1)(a), (m), F.S.)
First Offense
From a minimum of one year probation with conditions to revocation, and an administrative fine from $10,000.00 per count or offense.
Second Offense
From two years of probation with conditions to revocation with no ability to reapply and a fine of $10,000.00 per count or offense.
MINIMUM
MAXIMUM
FIRST OFFENSE
From minimum of one year probation with conditions
to revocation, and an administrative fine from $10,000.00 per count or offense.
SECOND OFFENSE
From two years of probation with conditions
to revocation with no ability to reapply and a fine of $10,000.00 per count or offense.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(s) Improper solicitation of patients.
(Section 468.365(1)(s), F.S.)
First Offense
From a minimum of one year probation with conditions to revocation, and an administrative fine from $300.00 to $1,000.00.
Second Offense
From two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation, and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum two years suspension with a corrective action plan
to revocation.
However, if the violation is for fraud or soliciting patients by making a false or fraudulent representation, the fine is increased to $10,000.00 per count or offense.
(t) Failure to keep written medical records.
(Section 468.365(1)(t), F.S.)
First Offense
From a letter of concern to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300.00 to $1,000.00.
Second Offense
From a reprimand to two years probation with conditions and a fine from $500.00 to $5,000.00.
Third Offense
From six months suspension followed by one year probation to revocation and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From a letter of concern
to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From a reprimand
to two years probation with conditions and a fine from $500.00 to $5,000.00.
THIRD OFFENSE
From a six months suspension followed by one year probation
to revocation and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a letter of concern
to one year suspension and completion of a corrective action plan.
SECOND OFFENSE
From a reprimand
to two year suspension and completion of a corrective action plan.
THIRD OFFENSE
From a minimum of two years suspension and completion of a corrective action plan
to revocation.
(u) Exercising influence on patient for financial gain.
(Sections 468.365(1)(u), 456.072(1)(n), F.S.)
First Offense
From refund of fees billed and a minimum of one year probation with conditions, to two years suspension and an administrative fine from $500.00 to $3,000.00.
Second Offense
From refund of fees billed and two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From refund of fees billed and one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From refund of fees billed and a minimum of one year probation with conditions
to two years suspension and an administrative fine from $500.00 to $3,000.00.
SECOND OFFENSE
From refund of fees billed and two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From refund of fees billed and one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to two years suspension and completion of a corrective action plan.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a miimum of two years suspension and completion of a corrective action plan
to revocation.
(v) Performing professional services not authorized by physician.
(Section 468.365(1)(v), F.S.)
First Offense
From a reprimand to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300.00 to $1,000.00.
Second Offense
From six months probation with conditions to revocation and a fine from $1,000.00 to $10,000.00.
Third Offense
From six months suspension followed by one year probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From a reprimand
to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300.00 to $1,000.00.
SECOND OFFENSE
From six months probation with conditions
to revocation and a fine from $1,000.00 to $10,000.00.
THIRD OFFENSE
From six months suspension followed by one year probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a reprimand
to one year suspension.
SECOND OFFENSE
From six months suspension
to revocation.
THIRD OFFENSE
From one year suspension
to revocation.
(w) Inability to practice respiratory care with skill and safety.
(Sections 468.365(1)(w), 456.072(1)(z), F.S.)
First Offense
From referral to PRN for submission to a mental or physical examination directed towards the problem and/or one year probation with conditions, to revocation and an administrative fine from $100.00 to $1,000.00.
Second Offense
From referral to PRN and/or two years of probation with conditions to revocation and a fine from $300.00 to $5,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From referral to PRN for submission to a mental or physical examination directed towards the problem and/or one year probation with conditions
to revocation and an administrative fine from $100.00 to $1,000.00.
SUBSEQUENT OFFENSES
From referral to PRN and/or two years of probation with conditions
to revocation and a fine from $300.00 to $5,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From six months suspension and completion of a corrective action plan
to revocation.
SUBSEQUENT OFFENSES
From one year suspension and completion of a corrective action plan
to revocation.
(x) Violation of this chapter, Chapter 456, F.S., or any rules adopted pursuant thereto.
(Sections 468.365(1)(x), 456.072(1)(b), (dd), F.S.)
First Offense
From a reprimand to revocation and a fine from $300.00 to $2,000.00.
Second Offense
From six months of probation with conditions to revocation and a fine from $1,000.00 to $10,000.00.
Third Offense
From one year of probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From reprimand
to revocation and a fine from $300.00 to $2,000.00.
SECOND OFFENSE
From six months of probation with conditions
to revocation and a fine from $1,000.00 to $10,000.00.
THIRD OFFENSE
From one year of probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
to revocation.
SECOND OFFENSE
From six months suspension and completion of corrective action plan
to revocation.
THIRD OFFENSE
From one year suspension and completion of a corrective action plan
to revocation.
(y) Improper interference with investigation, inspection or discipline.
(Section 456.072(1)(r), F.S.)
First Offense
From six months of probation with conditions to revocation and a fine from $500.00 to $5,000.00.
Second Offense
From six months suspension followed by one year probation with conditions to revocation with no ability to reapply and a fine from $1,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From six months of probation with conditions
to revocation and a fine from $500.00 to $5,000.00.
SECOND OFFENSE
From six months suspension followed by one year probation with conditions
to revocation with no ability to reapply and a fine from $1,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
(z) Failure to report conviction or plea.
(Section 456.072(1)(x), F.S.)
First Offense
From reprimand to six months suspension and a fine from $300.00 to $1,000.00.
Second Offense
From one year probation with conditions to revocation with no ability to reapply and a fine from $1,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From reprimand
to six months suspension and a fine from $300.00 to $1,000.00.
SUBSEQUENT OFFENSES
From one year probation with conditions
to revocation with no ability to reapply and a fine from $1,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From reprimand
to six months suspension.
SUBSEQUENT OFFENSES
From one year suspension
to revocation.
(aa) Wrong patient, wrong site, or wrong or unauthorized procedure.
(Section 456.072(1)(bb), F.S.)
First Offense
From one year probation with conditions to revocation and a fine from $500.00 to $2,000.00.
Second Offense
From two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation and a fine from $500.00 to $2,000.00.
SECOND OFFENSE
From two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From from a minimum of six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(bb) Leaving a foreign body in a patient.
(Section 456.072(1)(bb), (cc), F.S.)
First Offense
From one year probation with conditions to revocation and a fine from $500.00 to $2,000.00.
Second Offense
From two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation with conditions
to revocation and a fine from $500.00 to $2,000.00
SECOND OFFENSE
From two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00
THIRD OFFENSE
From one year suspension followed by two years probation
to revocation with no ability to reapply and a fine from $3,000.00 to $10,000.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to revocation.
SECOND OFFENSE
From a minimum of six months suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
(cc) Testing positive in a pre-employer ordered drug screen.
(Section 456.072(1)(aa), F.S.)
First Offense
From six months probation with referral to PRN to revocation employment condition and/or and a fine from $500.00 to $2,000.00.
Second Offense
From one year probation with conditions and referral to PRN to revocation and an administrative fine from $1,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From six months probation with referral to PRN
PRN to revocation employment condition and/or and a fine from $500.00 to $2,000.00
SECOND OFFENSE
From one year probation with conditions and referral to PRN
to revocation and an administrative fine from $1,000.00 to $10,000.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a letter of concern
to denial or revocation of registration.
SECOND OFFENSE
From a minimum of one year suspension
to denial or revocation of registration.
.
(dd) Termination of PRN Contract. Being terminated from an impaired practitioner treatment program for failure to comply with the terms of contract or for not succesfully completeing any drug treatment or alcohol treatment program. Any Offense Reprimand to revocation, plus an administrative fine (Section 456.072(1) (hh), F.S.) from $250.00 to $2,000.00.
MINIMUM
MAXIMUM
ANY OFFENSE
From reprimand
to revocation, plus an administraive fine from $250.00 to $2,000.00.
TELEHEALTH REGISTRANTS
ANY OFFENSE
From reprimand
to revocation.,
(ee) Practicing with a delinquent, retired, Any Offense Reprimand to revovcation, plus an administrative fine
or inactive status license. from $2,000.00 to $10,000.00.
(Section 456.072(1)(o), F.S.)
However, if fraud is shown, the fine is increased to $10,000.00 fine per count.
MINIMUM
MAXIMUM
ANY OFFENSE
From reprimand
to revocation, plus an administrative fine from $2,000.00 to $10,000.00. If fraud is shown, $10,000.00 fine per count.
TELEHEALTH REGISTRANTS
ANY OFFENSE
From reprimand
to denial or revocation of registration
(ff) Failure to notify a patient through written or oral notice of the type of license the practitioner holds.
(Section 456.072(1)(t), F.S.)
First Offense
Read laws and rules and submit an affidavit attesting that the licensee has read the laws and rules.
Second Offense
A fine from $100.00 to $500.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
Submit an affidavit attesting that the licensee has read the laws and rules.
SECOND OFFENSE
Fine from $100.00
to $500.00
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
six months suspension and completion of a corrective action plan
SECOND OFFENSE
From six months suspension and completion of a corrective action plan
to revocation
(gg) Any felony offense classified under Chapter 409, 817, 893, F.S., or 21 U.S.C ss. 801-970, or 42 U.S.C. ss. 1395-1396.
(Section 456.0635, F.S.)
Any Offense
The board is prohibited from issuing or renewing a license, certificate, or registration, 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.
MINIMUM
MAXIMUM
ANY OFFENSE
The board is prohibited from issuing or renewing a license, certificate, or registration, 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
TELEHEALTH REGISTRANTS
ANY OFFENSE
The board is prohibited from issuing or renewing a registration, 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
(hh) Terminated for cause from the Florida Medicaid program pursuant to Section 409.913, F.S.
(Section 456.0635, 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.
MINIMUM
MAXIMUM
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
TELEHEALTH REGISTRANTS
ANY OFFENSE
The board is prohibited from issuing or renewing a 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.
(Section 456.0635, 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 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.
MINIMUM
MAXIMUM
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 any termination occurred at least 20 years prior to the date of the application
TELEHEALTH REGISTRANTS
ANY OFFENSE
The board is prohibited from issuing or renewing a 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 any termination occurred at least 20 years prior to the date of the application
(jj) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 456.072(1)(oo), F.S.)
First Offense
From refund of fees billed and a minimum of one year probation with conditions, to two years suspension and an administrative fine from $500.00 to $3,000.00.
Second Offense
From refund of fees billed and two years probation with conditions to revocation and a fine from $2,000.00 to $10,000.00.
Third Offense
Refund of fees billed, revocation with no ability to reapply and a Fine from $3,000.00 to $10,000.00.
MINIMUM
MAXIMUM
FIRST OFFENSE
From refund of fees billed and a minimum of one year probation with conditions
to two years suspension and an administrative fine from $500.00 to $3,000.00.
SECOND OFFENSE
From refund of fees billed and two years probation with conditions
to revocation and a fine from $2,000.00 to $10,000.00.
THIRD OFFENSE
From refund of fees billed, revocation with no ability to reapply and a fine from $3,000.00
to $10,000.00.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From suspension until completion of a corrective action plan
to two years suspension and completion of a corrective action plan.
SECOND OFFENSE
From a minimum of one year suspension and completion of a corrective action plan
to revocation.
THIRD OFFENSE
Revocation.
However, if the offense is for fraud, the fine is increased to $10,000.00 per count or offense.
(kk) Providing information, including
written documentation, indicating that
a person’s need for an emotional support
animal under s.760.27 without personal
knowledge of the person’s disability or
disability-related need for the specific
emotional support animal.
(Section 456.072(1)(pp), F.S.
MINIMUM
MAXIMUM
FIRST OFFENSE
From one year probation, completion of a a corrective action plan, and a $1,000 fine
to six months suspenion followed by six month probation, completion of a corrective action plan, and a $2,000 fine.
SECOND OFFENSE
From one year suspension followed by one year probation with conditions, completion of a corrective action plan, and a $2,000 fine
to two year suspension followed by a one year probation, completion of a corrective action plan, and a $5,000 fine.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From one year suspension and completion of a corrective action plan
to two year suspenion and a corrective action plan.
SECOND OFFENSE
From a two year suspension and completion of a corrective action plan
to revocation.
(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, 6-5-17, .
64B32-5.0015 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
(a) Fails to notify the 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
(b) 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 the other jurisdiction
Letter of concern to revocation as closely as possible to same penalty as imposed in the other jurisdiction to revocation
(c) 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
(d) Commits any act that constitutes grounds for disciplinary action under s. 456.072(1), or s. 468.365, F.S.
As stated in rule 64B32-5.001(3),F.A.C.
As stated in rule 64B32-5.001(3), 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 64B32-5.001, 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 includes 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 Respiratory Care
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Respiratory Care
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 9, 2021
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2021
Document Information
- Comments Open:
- 7/14/2021
- Summary:
- The language for disciplinary guidelines has been revised. The language for out-of-state telehealth discipline has been added.
- Purpose:
- The proposed revisions clarify and amend existing guidelines and add new guidelines for out-of-state telehealth discipline.
- Rulemaking Authority:
- 456.079, 456.353(3), 468.365(4) FS.
- Law:
- 456.0635, 456.072, 456.079, 468.365 FS.
- Related Rules: (1)
- 64B32-5.001. Disciplinary Guidelines