DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Board of Veterinary MedicineRULE NO: RULE TITLE
61G18-30.001: Disciplinary GuidelinesNOTICE 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. 35, No. 3, of the January 23, 2009, issue of the Florida Administrative Weekly. The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:
61G18-30.001 Disciplinary Guidelines.
(1) When the Board finds an applicant or licensee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.213(1), F.S., which are felonies of the third degree as well as violations of the Practice act, it shall issue a final order imposing appropriate penalties, using the following disciplinary guidelines.
(a) Practicing veterinary medicine in this State
In the case of an applicant, the usual action of the
unless a person holds an active license to practice
Board shall be to request the Department issue a
veterinary medicine pursuant to Chapter 474, F.S.
Cease and Desist Order, which will remain in
effect until licensure is granted, plus an
administrative fine from of three thousand dollars
($3,000.00) to five thousand dollars ($5,000.00) and,
upon eligibility for licensure, imposition of up to a
one (1) year probationary period.
In the case of a non-licensed veterinarian
practicing veterinary medicine in the State of
Florida the Board shall request that the
Department issue a Cease and Desist Order and an
administrative fine from of three thousand dollars
($3,000.00) to five thousand dollars ($5,000.00)
plus one (1) year’s probation if the subject
should become licensed in the State of Florida.
In the case of a non-veterinarian practicing
veterinary medicine in the State of Florida the
Board shall request that the Department issue a
Cease and Desist Order and impose an administrative fine
from of three thousand dollars ($3,000.00) to
five thousand dollars ($5,000.00) for each count.
(b) Using the name or title “veterinarian” when
In the case of an applicant, the usual action of the
the person has not been licensed pursuant to
Board shall be to request that the Department issue
Chapter 474, F.S.
a Cease and Desist Order, which shall remain in
effect until licensure is granted, and an
administrative fine of a one thousand dollars
($1,000.00) and, upon issuance of a license,
imposition of a one (1) year probationary period.
(c) Presenting as one’s own license the license of
The usual action of the Board shall be to request
another.
that the Department issue a Cease and Desist
Order, and an administrative fine of five thousand
dollars ($5,000.00) and, upon issuance of
licensure, imposition of a one (1) year probationary
period.
(d) Giving false or forged evidence to the Board,
In the case of an applicant, the usual action of the
or a member thereof, for the purpose of obtaining a
Board shall be denial of licensure. The usual action
license.
of the Board in the case of a licensee for a first offense
shall be to impose a penalty of an administrative fine
of three thousand dollars ($3,000.00). For a second or
subsequent offense, the usual action of the Board shall
be to impose a penalty of an administrative fine of
five thousand dollars ($5,000.00) administrative fine
and revocation of any license obtained based on false
or forged evidence.
(e) Using or attempting to use a veterinarian’s
In the case of an applicant, the usual action shall
license which has been suspended or revoked.
be denial of licensure and to request the
Department issue a Cease and Desist Order. The
usual action of the Board in the case of a licensee
shall be to impose revocation if the subject’s
license has been suspended and an administrative
fine of five thousand dollars ($5,000.00).
(f) Knowingly employing unlicensed persons in the practice
of veterinary medicine.
The usual action of the Board shall be to impose a penalty of up to one (1) year probation and a an administrative fine of three thousand dollars ($3,000.00) administrative fine. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension, followed by up to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).
(g) Knowingly concealing information relative to
The usual action of the Board shall be to impose a
a violation of Chapter 474, F.S.
penalty of six (6) months probation and an administrative
fine of one thousand dollars ($1,000.00) administrative
fine. For a second or subsequent offense, the usual
action of the Board shall be to impose a penalty of
up to one (1) year probation and an administrative
fine of three thousand dollars ($3,000.00).
(h) Obtaining or attempting to obtain a license by
Revocation or denial of licensure plus an
fraud.
administrative fine of five thousand dollars
($5,000.00).
(i) Selling or offering to sell a diploma conferring
a degree in veterinary medicine or a license to
An administrative fine of five thousand dollars
($5,000.00) and revocation.
practice veterinary medicine in this state.
(j) Leading the public to believe that the
In the case of an applicant, the usual action of
the person is licensed as a veterinarian
the Board shall be to request the Department
or is engaged in the licensed practice of
issue a Cease and Desist Order, which will
veterinary medicine without a valid active
remain in effect until licensure is granted, plus an
license.
administrative fine of two thousand dollars
($2,000.00) and, upon eligibility for licensure,
imposition of a one (1) year probationary period.
In the case of a non-licensed
veterinarian the Board shall request that
the Department issue a Cease and
Desist Order and an administrative fine
of two thousand dollars ($2,000.00) plus
one (1) year’s probation if the subject should
become licensed in the State of Florida.
In the case of a non-veterinarian the Board
shall request that the Department issue a
Cease and Desist Order and an administrative
fine of two thousand dollars ($2,000.00)
for each count.
(k) Knowingly operating a veterinary
The usual action of the Board shall be
establishment or premises without a
an administrative fine of two thousand
valid premise permit.
dollars ($2,000.00). The Board shall also
require that a premise permit be obtained
or request the Department to issue a Cease
and Desist Order.
(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines:
(a) Attempting to procure, or procuring, a license
In the case of an applicant, the usual action of the
to practice veterinary medicine or a permit to own
Board shall be denial of licensure or permit. The usual
and operate a veterinary establishment, by bribery,
action of the Board in the case of a licensee or permittee
by fraudulent misrepresentation, or through an error
of the Department or the Board.
shall be to impose a penalty of revocation
and an administrative fine from a three
thousand dollars ($3,000.00) to five thousand
dollars ($5,000.00) administrative fine.
(b) Having a license to practice veterinary
The usual action of the Board will be a penalty
medicine revoked, suspended, or otherwise acted
generally concurrent with that of the other
against, including the denial of licensure, by the
jurisdiction with the addition of appropriate
licensing authority of another state, territory, or
safeguards as determined by the Board.
country.
(c) Being convicted or found guilty, regardless of
In the case of an applicant, the usual action of the
an adjudication, of a crime in any jurisdiction
Board shall be denial of licensure. The usual action
which directly relates to the practice of veterinary
of the Board in the case of a licensee or permittee
medicine or the ability to practice veterinary
medicine.
shall be to impose a penalty ranging from an
administrative fine of a two thousand dollars
($2,000.00) and up to one (1) year probation
to an administrative fine of five thousand dollars
($5,000.00) and revocation. For a second offense,
the usual action of the Board shall be to impose
a penalty ranging from an administrative fine of
five thousand dollars ($5,000.00) and up to two
(2) years suspension followed by up to two (2)
years probation to an administrative fine of five
thousand dollars ($5,000.00) to revocation.
administrative fine and suspension followed by
probation up to revocation.
(d) Making or filing a report or record which the
The usual action of the Board shall be to impose a
licensee knows to be false, intentionally or
negligently failing to file a report or record
penalty of a one (1) year suspension followed by
one (1) year probation for a period of one (1) year and
required by state or federal law, willfully impeding
an administrative fine from of three thousand dollars
or obstructing such filing, or inducing another
($3,000.00) to five thousand dollars ($5,000.00) per count
person to impede or obstruct such filing. Such
resports or records shall include only those which
are signed in the capacity of a licensed veterinarian.
or violation. For a second or subsequent offense, the
usual action of the Board shall be to impose a penalty
of a two (2) year suspension followed by two (2)
years probation and an administrative fine of five
thousand dollars ($5,000.00) to revocation.
(e) Advertising goods or services in a manner
In the case of violations, which are not resolved by
which is fraudulent, false, deceptive, or misleading
the Board’s rule concerning minor violations, the
in form or content.
usual action of the Board shall be to impose an
administrative fine of one thousand dollars ($1,000.00).
administrative fine. For a second or subsequent offense,
the usual action of the Board shall be to impose a
penalty of two (2) years probation and an administrative
fine of two thousand dollars ($2,000.00) for each count.
(f) Violating a statute or administrative rule regulating
The usual action of the Board shall be to impose a
practice under this chapter or Chapter 455, F.S.,
or a lawful disciplinary order or subpoena of the Board
or the Department.
penalty ranging from a reprimand and an administrative
fine of two thousand dollars ($2,000.00) of one year
probation and a administrative fine. For a second
or subsequent offense, the usual action of the Board
shall be to impose up to two (2) years suspension
followed by two (2) years probation an administrative
fine of five thousand dollars ($5,000.00).
In the case of a subpoena or disciplinary order,
the usual action shall be to impose a penalty ranging from
up to two (2) years suspension followed by up to two (2)
years probation period of and an administrative fine of
four thousand dollars ($4,000.00) administrative
fine. For a second or subsequent offense, the usual
action of the Board shall be to impose a penalty ranging
from up to three (3) years suspension followed by up
to three (3) years probation to revocation and an
administrative fine of five thousand dollars ($5,000.00).
(g) Practicing with a revoked, suspended, or
The usual action of the Board shall be to impose a
inactive license.
penalty consistent with paragraph (1)(a) above. In
the case of a licensed veterinarian being found late
in payment of renewal fees, the veterinarian shall
have thirty days from receipt of official notice
from the Department of Business and Professional
Regulation to become current in payment of fees
to the Department and pay an administrative fine
of five hundred dollars ($500.00). If the delinquent
veterinarian does not respond to the Department
within the above mentioned thirty days, the Board
shall request that the Department issue a Cease
and Desist Order, which shall remain in effect
until license renewal fees and an administrative
fine of one thousand dollars ($1,000.00) are paid.
(h) Being unable to practice veterinary medicine
The usual action of the Board shall be to impose a
with reasonable skill and safety to patients by
penalty of suspension until such time as the
reason of illness, drunkenness, use of drugs,
licensee demonstrates rehabilitation followed by
narcotics, chemicals, or any other material or
probation under such terms and conditions as set
substance or as a result of any mental or physical
by the Board. If the individual is an applicant, the
condition.
usual action shall be to deny the application.
(i) Judicial determination of mental
The usual action of the Board shall be to impose a
incompetency.
penalty of suspension or denial of licensure until
there is a legal restoration of the licensee’s
competency to be followed by probation under
such terms and conditions as set by the Board.
(j) Knowingly maintaining a professional connection
or association with any person who is in violation
of the provisions of Chapter 474, F.S., or the rules
of the Board.
The usual action of the Board shall be to impose a penalty
of an administrative fine of three a two thousand dollars
($32,000.00) and one (1) year probation.
For a second or subsequent offense, the usual action
of the Board shall be to impose a penalty of an
administrative fine of five thousand dollars
($5,000.00) and up to two (2) years administrative
fine to be followed by probation.
(k) Paying or receiving kickbacks, rebates,
The usual action of the Board for those violations
bonuses, or other remuneration for receiving a
not disposed of by the Board’s rule concerning
patient or client or for referring a patient or client
minor violations shall be to impose a penalty of a
to another provider of veterinary services or
goods.
one (1) year probation and an administrative fine of
one thousand dollars ($1,000.00) administrative fine for
each count. For a second or subsequent offense, the
usual action of the Board shall be to impose a penalty of
two (2) years probation and an administrative fine of
two thousand dollars ($2,000.00) for each count.
In construing this rule, the Board shall deem
that a referral to an entity with which the veterinarian
has a contractual relationship, for the sale of
non-veterinary, non-medical pet food or pet supplies,
does not constitute a kickback, so long as the client
is aware of the relationship.
(l) Performing or prescribing unnecessary or
The usual action of the Board shall be to impose a
unauthorized treatment.
penalty ranging from a reprimand to a one (1) year
probationary and an administrative fine up to period with
a two thousand dollars ($2,000.00). administrative fine
For a second or subsequent offense, the usual action
of the Board shall be to impose a penalty ranging
from a reprimand to two (2) years probation
and an administrative fine of five thousand dollars ($5,000.00).
(m) Engaging in fraud in the collection of fees
The usual action of the Board shall be to impose a
from consumers or any person, agency, or
organization paying fees to practitioners.
penalty of up to two (2) years a suspension followed by
one (1) year probation for a period of one (1) year and an
administrative fine from three thousand dollars
($3,000.00) to five thousand dollars ($5,000.00)
administrative fine. For a second or subsequent
offense, the usual action of the Board shall be to impose
two (2) years suspension followed by two (2) years
probation and an administrative fine of five thousand
dollars ($5,000.00).
(n) Attempting to restrict competition in the field
The usual action of the Board shall be to impose a
of veterinary medicine other than for the
protection of the public.
penalty of one (1) year probation for a period of one
(1) year and an administrative fine of two thousand dollars
($2,000.00) For a second or subsequent offense,
administrative fine and revocation of the veterinarian’s license
to practice in the State of Florida if this violation is repeated
(o) Fraud, deceit, negligence, incompetency, or
The usual action of the Board shall be to impose a
misconduct in the practice of veterinary medicine.
penalty ranging from one (1) year probation for a period
of one (1) year and an administrative fine from two thousand
dollars($2,000.00) to five thousand dollars ($5,000.00).
For a second or subsequent offense, an administrative
fine of five thousand dollars ($5,000.00) and to revocation
of the veterinarian’s license to practice in the State of Florida.
(p) Being convicted of a charge of cruelty to animals.
The usual action of the Board shall be to impose a
penalty ranging from up to two (2) years of suspension
followed by up to two (2) years probation for a period
of one (1) year and an administrative fine of four
thousand dollars ($4,000.00) administrative fine. For a
second or subsequent offense, an administrative fine
of five thousand dollars ($5,000.00) and revocation.
(q) Permitting or allowing another to use a veterinarian’s
license for the purpose of treating or offering to treat
sick, injured, or afflicted animals.
The usual action of the Board shall be to impose a penalty of
a up to one (1) year suspension followed by up to one (1)
year probation and an administrative fine of a three thousand
dollars ($3,000.00).
For a second or subsequent offense, the usual action
of the Board shall be to impose a penalty of up to
two (2) years suspension followed by up to two (2)
years probation and an administrative fine of five
thousand dollars ($5,000.00) administrative fine
followed by probation for a period of one (1) year.
(r) Being guilty of incompetence or negligence by
The usual action of the Board shall be to impose a
failing to practice veterinary medicine with that
level of care, skill, and treatment which is
recognized by a reasonably prudent veterinarian a
being acceptable under similar conditions and
circumstances.
penalty of one (1) year probation for a period of one
(1) year and an administrative fine from a two thousand
dollars ($2,000.00) to five thousand dollars
($5,000.00) administrative fine. For a second or
subsequent offense, the usual action of the Board
shall be to impose a penalty of up to one (1) year
suspension followed by two (2) years probation and
an administrative fine of five thousand dollars
($5,000.00)
(s) Willfully making any misrepresentations in
The usual action of the Board shall be to impose a
connection with the inspection of food for human
consumption.
penalty of up to one (1) year a suspension followed by
one (1) year probation for a period of one (1) year and
an administrative fine of four thousand dollars ($4,000.00)
administrative fine. For a second or subsequent offense,
the usual action of the Board shall be to impose a penalty
of up to two (2) years suspension followed by two (2)
years probation and an administrative fine of five
thousand dollars ($5,000.00).
(t) Fraudulently issuing or using any false health
The usual action of the Board shall be to impose a
certificate, vaccination certificate, test chart, or
other blank form used in the practice of veterinary
medicine relating to the presence or absence of
animal diseases or transporting animals or issuing
any false certificate relating to the sale of products
penalty of ranging from up to one (1) year a
suspension followed by one (1) year probation for
a period of up to one year to an administrative fine
of three thousand dollars ($3,000.00) and
revocation administrative fine.
of animal origin for human consumption.
For a second or subsequent offense, the usual action
of the Board shall be to impose a penalty of an
administrative fine of five thousand dollars ($5,000.00)
and revocation.
(u) Engaging in fraud or dishonesty in applying,
The usual action of the Board shall be to impose a
treating, or reporting on tuberculin, diagnostic, or
other biological tests.
penalty of ranging from up to one (1) year a suspension for
a period of up to one (1) year followed by one (1) year
probation for to revocation a period of one (1) year and an
administrative fine from three thousand dollars ($3,000.00)
to five thousand dollars ($5,000.00) administrative fine. For
a second or subsequent offense, the usual action of the
Board shall be to impose an administrative fine of five
thousand dollars ($5,000.00) and revocation.
(v) Failing to keep the equipment and premises of
the business establishment in a clean and sanitary
condition or having a premise permit suspended or
revoked pursuant to Section 474.215, F.S.
The usual action of the Board shall be to suspend the
premise permit until compliance with requirements
followed by up to one (1) year probation and an
administrative fine from impose a penalty of a one
thousand dollars ($1,000.00) to five
thousand dollars ($5,000.00).
For a second or subsequent offense, the usual action of
the Board shall be to suspend the premise permit
until compliance with requirements followed by up to
three (3) years probation to revocation and an
administrative fine of five thousand dollars ($5,000.00).
administrative fine and restriction against the premises
being reopened until the requirements are met.
(w) Practicing veterinary medicine at a location
for which a valid premise permit has not been
The usual action of the Board shall be to impose
an administrative fine of a one thousand dollars ($1,000.00)
issued when required under Section 474.215, F.S.
penalty administrative fine and to require remedial
education. The Board shall also require that a premise
permit be obtained or the Department shall be requested
to issue a Cease and Desist Order. For a second or
subsequent offense, the usual action of the Board shall
be to impose an administrative fine of three thousand
dollars ($3,000.00).
(x) Refusing to permit the Department to inspect
The usual action of the Board shall be to impose a penalty
the business premises of the licensee during
regular business hours.
of an administrative fine of two thousand dollars
($2,000.00) administrative fine, unless circumstances
legally justify such action by the veterinarian and/or request
that the Department issue a Cease and Desist Order.
For a second or subsequent offense, the usual action
of the Board shall be to impose an administrative fine
of five thousand dollars ($5,000.00).
(y) Using the privilege of ordering, prescribing, or
For violations involving medicinal drugs or drugs defined
making available medicinal drugs or drugs defined
in Chapter 465 F.S., the usual action of the Board shall
in Chapter 465, F.S., or controlled substances as defined
in Chapter 893, F.S., for use other than for the specific
be to impose a penalty ranging from a reprimand up to one
(1) year suspension followed by one (1) year probation
treatment of animal patients for which there is a
documented veterinarian/client/patient relationship.
Pursuant thereto, the veterinarian shall:
for a period of one (1) year and an administrative fine from
two thousand dollars ($2,000.00) to five thousand dollars
($5,000.00) administrative fine. For a second or subsequent
offense, the usual action of the Board shall be to impose a
penalty of up to two (2) years suspension followed by two (2)
years probation and an administrative fine of five thousand
dollars ($5,000.00). For violations involving controlled
substances as defined in Ch. 893, F.S., the usual action of the
Board shall be to impose a penalty two (2) year of suspension
to revocation or revocation and an administrative fine of four
thousand dollar ($4,000.00) administrative fine. For a second
or subsequent offense, the usual action of the Board shall be
to impose an administrative fine of five thousand dollars
($5,000.00) and revocation.
1. Have sufficient knowledge of the animal to
initiate at least a general or preliminary diagnosis
of the medical condition of the animal, which
means that the veterinarian is personally
acquainted with the keeping and the caring of the
animal and has recent contact with the animal or
has made medically appropriate and timely visits
to the premises where the animal is kept.
2. Be available to provide for follow up care and
treatment in case of adverse reactions of failure of
the regimen of therapy.
3. Maintain records which document patient
visits, diagnosis, treatment, and other relevant
information required under this Chapter. The
documented patient/client/veterinarian relationship
cited in Section 474.214, F.S. is herein defined as a
veterinarian’s record of a client’s animal which
documents that the veterinarian has seen the
animal in a professional capacity within a period
of 12 months or less.
(z) Providing, prescribing, ordering, or making
For violations involving medicinal drugs or drugs
available for human use medicinal drugs or drugs
defined in Chapter 465, F.S. the usual action of the
as defined in Chapter 465, F.S., controlled substances as
defined in Chapter 893, F.S., or any material, chemical,
or substance used exclusively for animal treatment.
Board shall be to impose a penalty of a up to two (2)
years suspension for a period of followed by two (2)
one (1) years probation and an administrative fine from
two thousand dollars ($2,000.00) administrative fine to five
thousand dollars ($5,000.00). For a second or subsequent
offense, the usual action of the Board shall be to impose a
penalty of three (3) years suspension followed by three (3)
years probation up to an administrative fine of five thousand
dollars ($5,000.00) and revocation. For violations involving
controlled substances as defined in Chapter 893, F.S. the usual
penalty will be revocation and an administrative fine up to five
thousand dollars ($5,000.00).
(aa) Failing to report to the Department any person
The usual action of the Board shall be issuance of a reprimand
the licensee knows to be in violation of Chapter
474, F.S., or the rules of the Board or Department.
and an administrative fine of five hundred dollars ($500.00).
up to one thousand dollars ($1,000.00). For a second or
subsequent offense, the usual action of the Board shall be
to impose a penalty of up to one (1) year probation and
an administrative fine up to three thousand dollars ($3,000.00).
(bb) Violating any of the requirements of Chapter
The usual action of the Board shall be to impose a penalty of
499, F.S., the Florida Drug and Cosmetic Act; 21
U.S.C. ss. 301-392, the Federal Food, Drug, and
Cosmetic Act; 21 U.S.C. ss. 821 seq., the
Comprehensive Drug Abuse Prevention and
Control Act of 197, more commonly known as
the Federal Drug Abuse Act; or Chapter 893, F.S.
up to two (2) years probation for a period of one year and
an administrative fine from of two thousand dollars
($2,000.00) to five thousand dollars ($5,000.00). For a
second or subsequent offense, the usual action of the
Board shall be up to two (2) years suspension followed by
three (3) years probation and an administrative fine of five
thousand dollars ($5,000.00).
(cc) Failing to provide adequate radiation
The usual action of the Board shall be issuance of a
safeguards.
reprimand plus the violator must pay cost of investigation
and provide proof of compliance with the rule.
(dd) Failing to perform any statutory or legal
obligation placed upon a licensee.
The usual action of the Board shall be a penalty ranging
from the issuance of a reprimand, and an administrative
obligation placed upon a licensee.
fine of one thousand dollars ($1,000.00) up to revocation
and an administrative fine of up to five thousand
dollars ($5,000.00). For a second or subsequent offense,
the usual action of the Board shall be to impose a penalty
of a reprimand to revocation and an administrative fine
of five thousand dollars ($5,000.00).
(ee) Failing to keep contemporaneously written
medical records as required by rule of the Board.
The usual action of the Board shall be issuance of
a reprimand plus six (6) months and up to one (1)
year probation, and an administrative fine of up to
two thousand dollars ($2,000.00). For a second or
subsequent offense, the usual action of the Board shall
be a penalty of two (2) years probation and an
administrative fine of five thousand dollars ($5,000.00).
one thousand five hundred dollars ($1,500.00) and
investigative costs.
(ff) Prescribing or dispensing legend drug as
The usual action of the Board shall be to impose a penalty
defined in Chapter 465, F.S., including any controlled
substance, inappropriately or in excessive or
of an administrative fine from a two thousand
dollars ($2,000.00) to five thousand dollars ($5,000.00)
inappropriate quantities.
administrative fine and up to two (2) years probation
two (2) for a period of up to one years. For a second
or subsequent offense, the usual action of the Board shall
be to impose a penalty of up to one (1) year suspension
(1) followed by three (3) years probation and an
administrative fine of five thousand dollars ($5,000.00).
(gg) Practicing or offering to practice beyond the
The usual action of the Board shall be issuance of
scope permitted by law.
a reprimand up to one (1) year plus six (6) months
probation, and an administrative a fine from of one
thousand dollars ($1,000.00) to three thousand
dollars ($3,000.00) and investigative costs. For a second
or subsequent offense, the usual action of the Board shall
be two (2) years probation and an administrative fine of
up to five thousand dollars ($5,000.00).
(hh) Delegating professional responsibilities to a
The usual action of the Board shall be to impose a penalty
person when the licensee delegating such
responsibilities knows or has reason to know that
such person is not qualified by training, experience,
of an administrative fine from a one thousand five
hundred dollars ($1,500.00) to three thousand dollars
($3,000.00) and administrative fine plus six (6) months
or license to perform them.
up to one (1) year probation and investigative costs.
For a second or subsequent offense, the usual action of
the Board shall be to impose a penalty of up to one (1) year
suspension followed by up to two (2) years probation
to revocation and an administrative fine of five
thousand dollars ($5,000.00).
(ii) Presigning blank prescription forms.
The usual action of the Board shall be to impose a penalty
ranging from up to one (1) year suspension of the
veterinarian’s license followed by up to one (1) year
probation to revocation and for a period of up to one (1)
year an administrative fine of up to two thousand
dollars ($2,000.00) and probation for one year plus
investigative costs. For a second or subsequent
offense, the usual action of the Board shall be
to impose a penalty ranging from up to two (2) years
suspension followed by up to two (2) years probation
to revocation and an administrative fine up to five
thousand dollars ($5,000.00).
(jj) Failing to report to the Board within 30 days,
in writing, any action set forth in paragraph (b)
The usual action of the Board shall be the issuance
of a reprimand and an administrative fine from of one
that has been taken against the practitioner’s
one thousand dollars ($1,000.00). to three thousand
license to practice veterinary medicine by any
jurisdiction, including any agency or subdivision
thereof.
dollars ($3,000.00). For a second or subsequent offense,
the usual action of the Board shall be the issuance
of a reprimand and an administrative fine of five
thousand dollars ($5,000.00).
(kk) Aiding or assisting another person in violating
any provision of this chapter or any rule adopted
pursuant thereto.
The usual action of the Board shall be to impose a penalty
of from one (1) to three (3) years probation and
an administrative fine from of one thousand dollars
($1,000.00) to five thousand dollars ($5,000.00).
For a second or subsequent offense, the usual action
of the Board shall be to impose a penalty of up to two (2)
years suspension followed by up to three (3) years
probation to revocation and an administrative fine of up
to five thousand dollars ($5,000.00).
(ll) Failing to respond within sixty (60) days after receipt
The usual action of the Board shall be suspension
of a request to provide satisfactory proof of having
until the Board receives acceptable response to the
satisfactory proof of having participated in
approved continuing education programs.
request plus and an administrative fine from one thousand
dollars ($1,000.00) to five thousand dollars ($5,000.00)
of five hundred ($500.00) and investigative costs. For a second
or subsequent offense, the usual action of the Board shall
be suspension until the Board receives an acceptable
response to the request and an administrative fine of
five thousand dollars ($5,000.00).
(mm) Failing to maintain accurate records or
The usual action of the Board shall be an administrative
reports as required by this chapter or by federal or
fine from of one thousand five hundred dollars
state laws or rules pertaining to the storing,
labeling, selling, dispensing, prescribing, and
administering of controlled substances.
($1,500.00) to five thousand dollars ($5,000.00) and up
to two (2) years probation. For a second or subsequent
offense, the usual action of the Board shall be up to three
(3) years probation and an administrative fine from
three thousand dollars ($3,000.00) to five thousand
dollars ($5,000.00).
(nn) Failing to report a change of address to the
The usual action of the Board shall be an
Board within sixty (60) days thereof.
administrative fine of one thousand dollars ($1,000.00).
five hundred dollars ($500.00). For a second or
subsequent offense, the usual action of the Board shall be
an administrative fine of three thousand dollars ($3,000.00).
(oo) Failure of the responsible veterinarian or permittee
The usual action of the Board shall be an administrative
to report a change of premises ownership or responsible
veterinarian within sixty (60) days thereof.
fine of one thousand dollars ($1,000.00) five hundred
dollars ($500.00). For a second or subsequent offense,
the usual action of the Board shall be an administrative fine
of three thousand dollars ($3,000.00).
(pp) Failing to give the owner of a patient, before
dispensing any drug, a written prescription when
requested.
The usual action of the Board shall be an administrative
fine of two one thousand dollars ($21,000.00). For a second
or subsequent offense, the usual action of the Board shall be
an administrative fine from three thousand dollars ($3,000.00)
to five thousand dollars ($5,000.00).
(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:
(a) Misleading, deceptive, untrue, or fraudulent
representations in the practice of veterinary medicine.
The usual action of the Board will be to impose a penalty
ranging from up one (1) year suspension followed by one
(1) year probation and a an administrative fine of up to
two thousand dollars ($2,000.00) administrative fine
to revocation and an administrative fine of up to five
thousand dollars ($5,000.00). For a second or subsequent
offense, the usual action of the Board shall be a penalty of
up to two (2) years suspension followed by up to two
(2) years probation to revocation and an administrative
fine from three thousand dollars ($3,000.00) to five
thousand dollars ($5,000.00).
(b) Intentionally violating any rule adopted by the
Board or the Department.
The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand and an administrative fine of from a two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty ranging from up to one (1) year probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).
(c) Being convicted of a felony which relates to the practice
of veterinary medicine.
The usual action of the Board will be revocation and an
administrative fine of up to five thousand dollars
($5,000.00).
(d) Being adjudicated mentally incompetent.
The usual action of the Board will be consistent
with paragraph (2)(j) above.
(e) The license has been obtained by fraud or
The usual action of the Board will be revocation of
material misrepresentation of a material fact.
the license and an administrative fine of up to five
four thousand dollars ($5,000.00) ($4,000.00).
(f) Use of a Class III or a Class IV laser device or
The usual action of the Board will be an administrative
product, as defined by federal regulations, without
fine of up to three one thousand dollars ($31,000.00).
having complied with the rules promulgated pursuant to
Section 501.122(2), F.S., governing the registration of such
devices with the Department of Health and Rehabilitation.
For a second or subsequent offense, the usual action of the
Board shall be an administrative fine of five thousand dollars ($5,000.00).
(g) Having been found liable in a civil proceeding for
knowingly filing a false report or complain with the
Department against another licensee.
The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from of two thousand dollars ($2,000.00)
to five thousand dollars ($5,000.00). For a second or
subsequent offense, the usual action of the Board shall be
to impose a penalty of up to three (3) years suspension
followed by up to three (3) years probation to revocation
and an administrative fine from three thousand dollars
($3,000.00) to five thousand dollars ($5,000.00).
(h) 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.
The usual action of the Board will be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years one (1) year probation and payment of an administrative fine of up to three thousand dollars ($3,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to three (3) years suspension followed by three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).
(i) Exercising influence on the patient or client for the
purpose of financial gain of the licensee or a third party.
The usual action of the Board will be up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from of three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).
(4) through (7) No change.
Specific Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 455.2281, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Board of Veterinary Medicine, 1940 North Monroe Street, Tallahassee, Florida 32399-0750
