The proposed revisions clarify and amend existing guidelines for disposition of disciplinary cases.

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.:RULE TITLE:

64B6-7.002Guidelines for Disposition of Disciplinary Cases

PURPOSE AND EFFECT: The proposed revisions clarify and amend existing guidelines for disposition of disciplinary cases.

SUMMARY: The guidelines for the disposition of disciplinary cases have been revised and placed in a table format.

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 FS.

LAW IMPLEMENTED: 456.079 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: Janet Hartman, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3257.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B6-7.002 Guidelines for Disposition of Disciplinary Cases.

(1) Purpose. The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under cChapter 484, F.S., or a telehealth provider registered under section 456.47(4), F.S.  The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed and are also provided for repeat violations; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants, licensees, or trainees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, licensees, or trainees from violations.

(2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For licensees or trainees, the imposition of probation as a penalty shall ordinarily require compliance with conditions such as restitution, continuing education and/or training, indirect or direct supervision by a Board-approved monitor, restrictions on practice, submission of reports, appearances before the Board, and/or hours of community service. As appropriate, such conditions of probation also shall be required following any period of suspension. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In imposing discipline pursuant to sSections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by sSection 456.072(2), F.S., within the range corresponding to the violations set forth below. Pursuant to section 456.47, F.S., disciplinary guidelines for registered out-of-state telehealth providers may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board. 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:

(a) Section 484.056(1)(a), F.S.: Violating sSection 456.072(1), 484.0512, or 484.053, F.S. – restitution if applicable and from a minimum fine of $100 and/or a letter of concern to a maximum fine of $7,500 and/or revocation. For a second offense, from a minimum fine of $300 and/or a year of probation to a maximum fine of $10,000 and/or revocation. After the second offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, restitution, reprimand	$5,000 fine
SECOND OFFENSE	$500 fine, restitution, 1 year probation	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	$1,000 fine, restitution, 2 year probation	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension, corrective action plan	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(b) Section 484.056(1)(b) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license by bribery or fraudulent misrepresentation, or through an error of the board or department.– from a minimum fine of $500 and/or up to two years of probation to a maximum of revocation. After the first offense, from a minimum fine of $5,000 up to a maximum fine of $10,000 and/or revocation.

Fraudulent misrepresentation – from a minimum six months of probation and fine of $10,000 to a maximum of revocation and a fine of $10,000. After the first offense, a fine of $10,000 and revocation.

Error of the Department or Board – from a minimum letter of concern and/or $50 fine up to a maximum of suspension for six months followed by six months of probation and a maximum fine of $500. For a second offense, from a minimum fine of $500 to three years suspension of license. After the second offense, up to a maximum fine of $10,000 and/or revocation.

 

Bribery	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$5,000 fine, 1 year probation
SECOND OFFENSE	$5,000 fine	$10,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$10,000 fine	$10,000 fine, revocation
Fraudulent Misrepresentation	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$5,000 fine, 1 year probation
SECOND OFFENSE	$5,000 fine	$10,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$10,000 fine	$10,000 fine, revocation
Error of the Department or Board	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand	$500 fine, revocation
SECOND OFFENSE	$500 fine	$5,000 fine, 6 month probation, revocation
ADDITIONAL OFFENSES	$1,000 fine	$10,000 fine and revocation
TELEHEALTH REGISTRANTS
Bribery	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension	Revocation
ADDITIONAL OFFENSES	2 year suspension	Revocation
Fraudulent Misrepresentation	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension	Revocation
ADDITIONAL OFFENSES	2 year suspension	Revocation
Error of the Department or Board	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand	6 month suspension
SECOND OFFENSE	1 year suspension	Revocation
ADDITIONAL OFFENSES	2 year suspension	Revocation

 

(c) Section 484.056(1)(c) or 456.072(1)(f), F.S.: Having a license revoked, suspended, denied, or otherwise acted against – imposition of discipline comparable to the discipline that would have been imposed if the substantive violation had occurred in Florida with consideration of any other penalties imposed. After the first offense, action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.	Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.
SECOND & SUBSEQUENT OFFENSES	Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.	Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.	Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.
SECOND & SUBSEQUENT OFFENSES	Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.	Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.

 

(d) Section 484.056(1)(d) or 456.072(1)(c), F.S.: Being convicted or found guilty, or guilty or nolo plea, regardless of adjudication, of a crime related to the practice or ability to practice – from a minimum fine of $500 to and/or one year of probation to a maximum fine of $5,000 and/or revocation. After the first offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
Section 484.056(1)(d) or 456.072(1)(c), F.S. MISDEMEANOR	$500 fine, reprimand	$5,000 fine, 1 year probation
Section 484.056(1)(d) or 456.072(1)(c), F.S. FELONY	$500 fine, 1 year probation	$5,000 fine, 1 year suspension
Section 825.102, F.S. related to abuse, aggravated abuse, and neglect of an elderly person or disabled adult.	$5,000 fine, 2 year suspension	Revocation
Crimes related to fraud.	$10,000 fine	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
Section 484.056(1)(d) or 456.072(1)(c), F.S. MISDEMEANOR	Reprimand, 6 month suspension	Revocation
Section 484.056(1)(d) or 456.072(1)(c), F.S. FELONY	1 year suspension	Revocation
Violation of law related to abuse, aggravated abuse, and neglect of an elderly person or disabled adult.	2 year suspension	Revocation
Crimes related to fraud.	Revocation	Revocation

 

(e) Section 484.056(1)(e) or 456.072(1)(l), F.S.: Negligently filing a false report – from a minimum fine of $250 and a letter of concern up to a maximum fine of $2,000 and/or up to three years of probation. For a second offense, from a minimum fine of $1,000 and a reprimand up to a maximum fine of $10,000 and/or two years suspension followed by probation. After the second offense, up to a maximum fine of $10,000 and/or revocation.

Willful filing or impeding or inducing another to file a false report – from a minimum fine of $2,000 and/or suspension of license for three months followed by six months of probation up to a maximum fine of $8,000 and/or revocation of license. After the first offense, up to a maximum fine of $10,000 and/or revocation. However, regardless of whether an initial or repeat occurrence, if the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

 

Negligently Filing a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine	$2,000 fine, 1 year probation
SECOND & SUBSEQUENT OFFENSES	$1,000 fine	$10,000 fine, 2 year suspension followed by probation
Willful Filing or Impeding or Inducing Another to File a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	$2,000 fine, 1 year probation	$5,000 fine, 1 year suspension, followed by 6 month probation
SECOND & SUBSEQUENT OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS
Negligently Filing a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	1 year suspension, corrective action plan	Revocation
Willful Filing or Impeding or Inducing Another to File a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 1 year suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	2 year suspension, corrective action plan	Revocation

 

(f) Section 484.056(1)(f) or 456.072(1)(m), F.S.: False/misleading advertisement or fraudulent representation – from a minimum letter of concern and/or fine of $1,000 up to a maximum fine of $5,000 and a year of probation. For a second offense, from a minimum fine of $1,500 and/or 18 months of probation to a maximum fine of $10,000 and/or six months suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation. However, regardless of whether an initial or repeat occurrence, if the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine, reprimand	$5,000 fine, 1 year probation
SECOND & SUBSEQUENT OFFENSES	$1,500 fine, 1 year probation	$10,000 fine, revocation
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 1 year suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	2 year suspension, corrective action plan	Revocation

 

(g) Section 484.056(1)(g) or 456.072(1)(aa), F.S.: Fraud, deceit, negligence, incompetency, or misconduct in the practice – from a minimum fine of $300 and/or two years of probation to a maximum fine of $5,000 and/or up to one year of suspension followed by up to two years of probation. For a second offense, from a minimum fine of $800 and one year of probation to a maximum fine of $10,000 and/or revocation. After the second offense, a fine of $10,000 and/or revocation. However, regardless of whether an initial or repeat occurrence, if the violation is for fraud, the fine portion of the discipline imposed shall be $10,000 per count or violation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	$5,000, 1 year suspension	$10,000 fine
ADDITIONAL OFFENSES	$10,000, 2 year suspension	$10,000 fine, revocation
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 1 year suspension	Revocation
SECOND OFFENSE	2 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	Revocation	Revocation

 

(h) Section 484.056(1)(h) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena – from a minimum fine of $500 and a reprimand up to a maximum fine of $5,000 and/or three years suspension followed by probation. For a second offense, from a minimum fine of $1,500 and/or two years of probation up to a maximum fine of $10,000 and/or revocation. After the second offense, from a minimum fine of $5,000 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or revocation.

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand, compliance with prior order or subpoena	$5,000 fine, suspension until compliance achieved with prior order or subpoena
SECOND OFFENSE	$5,000 fine, suspension until compliance achieved with prior order or subpoena	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Suspension until compliance achieved with prior order or subpoena	Revocation
SECOND & SUBSEQUENT OFFENSES	Suspension until compliance achieved with prior order or subpoena	Revocation

 

 

(i) Section 484.056(1)(i) or 456.072(1)(o), F.S.: Practicing with a suspended, inactive, or delinquent license or beyond the scope permitted by law – from a minimum fine of $1,000 and a reprimand up to a maximum fine of $10,000 and/or revocation. For a second offense, from a minimum fine of $2,000 and/or one year of probation to a maximum fine of $10,000 and/or revocation. After the second offense, a fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	$5,000 fine, 6 month suspension, 1 year probation	$10,000 fine, revocation
ADDITIONAL OFFENSES	$10,000 fine, 2 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(j) Section 484.056(1)(j) or 456.072(1)(a), F.S.: Misleading advertising, guarantee, warranty, or representation – from a minimum letter of concern and/or fine of $1,000 up to a maximum fine of $5,000 and a year of probation. For a second offense, from a minimum fine of $1,500 and/or 18 months of probation to a maximum fine of $10,000 and/or six months suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation. However, regardless of whether an initial or repeat occurrence, if the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	$1,500 fine, 6 month suspension	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	$10,000 fine, 1 year suspension	$10,000 fine, revocation
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, corrective action plan	1 year suspension, corrective action plan, revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(k) Section 484.056(1)(k), F.S.: Showing or delivering an unusable or impractical product – from a minimum fine of $1,000 and/or one year of probation to a maximum fine of $10,000 and/or revocation. For a second offense, a minimum fine of $1,500 and/or six months suspension followed by one year probation to a maximum fine of $10,000 and/or revocation. After the second offense, up to a fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine, restitution	$5,000 fine, 1 year probation,  restitution
SECOND OFFENSE	$1,500, 6 month suspension, restitution	$10,000, revocation, restitution
ADDITIONAL OFFENSES	$5,000, 1 year suspension, restitution	$10,000, revocation, restitution
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension, restitution	Revocation, restitution
SECOND OFFENSE	1 year suspension, restitution	Revocation, restitution
ADDITIONAL OFFENSES	2 year suspension, restitution	Revocation, restitution

 

(l) Section 484.056(1)(l), F.S.: Misrepresentation of services available or terms or titles – from a minimum fine of $200 and/or one year of probation to a maximum fine of $4,000 and/or two years of probation. For a second offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or revocation. After the second offense, up to a fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$200 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	$1,000 fine, 2 year probation	$7,500 fine, 6 month suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension	Revocation
ADDITIONAL OFFENSES	2 year suspension	Revocation

 

(m) Section 484.056(1)(m), F.S.: Less than full disclosure of guarantee – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250, letter of reprimand	$2,500 fine, 1 year probation
SECOND OFFENSE	$500 fine, 2 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(n) Section 484.056(1)(n), F.S.: Bone conduction disclosure failures – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, reprimand	$2,500 fine, 6 month probation
SECOND OFFENSE	$500 fine, 1 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(o) Section 484.056(1)(o), F.S.: Making prognostications as to hearing impairment – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, reprimand	$2,500, 1 year probation
SECOND OFFENSE	$500 fine, 2 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 1 year suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(p) Section 484.056(1)(p), F.S.: Implying that use of a hearing aid will improve or preserve hearing or retard impairment – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, letter of reprimand	$2,500 fine, 1 year probation
SECOND OFFENSE	$500, 1 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(q) Section 484.056(1)(q), F.S.: Making any statement regarding cure or cause of an impairment by use of a hearing aid – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	$2,500, 1 year probation
SECOND OFFENSE	$500, 1 year probation	$5,000 fine, 1 year of suspension
ADDITIONAL OFFENSES	$5,000, 1 year suspension	$10,000, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(r) Section 484.056(1)(r), F.S.: Representing aid is custom-made unless this is the case – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine	$2,500 fine, 1 year probation
SECOND OFFENSE	$500, 1 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(s) Section 484.056(1)(s), F.S.: Canvassing house to house to sell aids – Revocation as Section 484.056(2)(b), F.S., requires and a fine of $500 to $7,500.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	Revocation

TELEHEALTH REGISTRANTS

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	Revocation

(t) Section 484.056(1)(t), F.S.: Failing to submit proof of testing and calibration of equipment – from a minimum of a reprimand and/or a fine of $300 to a maximum one year of probation and fine of $3,500. For a second offense, from a minimum fine of $500 and/or three months suspension followed by probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500, reprimand	$1,500 fine, 1 year probation
SECOND OFFENSE	$1,500 fine, month suspension	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(u) Section 484.056(1)(u), F.S.: Failing to provide itemized listing of prices under Section 484.051(1), F.S. – from a minimum letter of concern and/or fine of $150 to a maximum six months of probation and fine of $2,500. For a second offense, from a minimum fine of $300 and/or one year of probation up to a maximum fine of $5,000 and one year of suspension followed by probation. After the second offense, a fine of up to $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, reprimand	$1,500 fine, 1 year probation
SECOND OFFENSE	$500 fine, 1 year of probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(v) Section 484.056(1)(v), 456.072(1)(n) or 456.072(1)(u), F.S.: Exercising influence for financial gain or for other misconduct – from a minimum fine of $1,000 and/or restitution of improper gains and six months of probation to a maximum suspension of license for two years followed by probation and a fine of $8,000. After the first offense, up to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine, restitution	$8,000 fine, 2 year suspension
SECOND & SUBSEQUENT OFFENSES	$8,000 fine, 2 year suspension, restitution	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation

 

(w) Section 484.056(1)(w), 456.072(1)(b), 456.072(1)(k) or 456.072(1)(cc), F.S.: Violating Chapter 484 or 456, F.S., or any of the rules adopted thereunder or failing to perform a legal obligation – from a minimum fine of $300 and/or a letter of concern to a maximum fine of $7,500 and/or revocation. For a second offense, a minimum fine of $1,000 and/or six months probation to a maximum fine of $10,000 and/or revocation. After the second offense, from a minimum fine of $1,500 and/or one year of probation to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$7,500 fine, 1 year probation
SECOND OFFENSE	$1,500 fine, 1 year probation	$10,000 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year probation	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSE	2 year suspension, corrective action plan	Revocation

 

(x) Section 456.072(1)(i), F.S.: Failing to report a violator – from a minimum of a reprimand and/or a fine of $300 to a maximum one year of probation and fine of $1,500. For a second offense, from a minimum fine of $500 and/or one year of probation to a maximum fine of $7,500 and/or a year of suspension followed by a year of probation. After the second offense, up to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$1,500 fine, 6 month suspension
SECOND OFFENSE	$1,500 fine, 6 month suspension	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	$7,500 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(y) Section 456.072(1)(j), F.S.: Aiding unlicensed person to practice – from a minimum fine of $300 and/or a reprimand to a maximum fine of $5,000 and three months suspension followed by one year probation. For a second offense, from a minimum $500 fine and/or one year of probation to a maximum fine of $10,000 and/or revocation. After the second offense, up to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$5,000 fine, 6 month suspension
SECOND OFFENSE	$1,500 fine, 1 year of probation	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(z) Section 456.072(1)(p), F.S.: Delegating duties to unqualified person – from a minimum fine of $150 and/or a reprimand to a maximum fine of $3,000 and two years of probation. For a second offense, from a minimum fine of $300 and/or 6 months of probation to a maximum fine of $7,500 and/or one year suspension followed by two years probation. After the second offense, up to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$5,000 fine, 6 months suspension, followed by 1 year probation
SECOND OFFENSE	$1,500 fine, 6 month suspension	$7,500 fine, 1 year suspension, followed by 1 year probation
ADDITIONAL OFFENSES	$7,500 fine, 1 year suspension, followed by 1 year probation	$10,000 fine and revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(aa) Section 456.072(1)(r), F.S.: Interfering with investigation or proceeding – from a minimum letter of concern and/or a fine of $300 up to a maximum fine of $5,000 and two years probation. For a second offense, from a minimum fine of $1,000 and/or one year probation up to a maximum $10,000 fine and/or revocation. After the second offense, up to a maximum fine of $10,000 and/or revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand	$5,000, 6 month suspension
SECOND OFFENSE	$1,500 fine, 1 year of probation	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	2 year suspension, corrective action plan	Revocation

 

(bb) Section 456.072(1)(w), F.S.: Failing to report criminal conviction: from a minimum letter of concern and/or a fine of $150 up to a maximum 6 months probation and/or fine of $1,500. After the first offense, from a minimum fine of $1,000 and/or two years of probation up to a maximum fine of $7,500 and or one year suspension followed by one year of probation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine, reprimand	$1,500 fine, continuing education
SECOND & SUBSEQUENT OFFENSES	$1,000 fine	$7,500 fine, 1 year suspension
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	1 year suspension, corrective action plan	Revocation

 

(cc) Section 456.072(1)(y), F.S.: Being unable to practice with reasonable skill and safety – from a minimum referral for a PRN evaluation up to revocation for noncompliance. After the first offense, from a minimum referral for a PRN evaluation up to a maximum of revocation and/or a $3,000 fine.

 

	MINIMUM	MAXIMUM
FIRST & SUBSEQUENT OFFENSES	Suspension until PRN evaluation and required board appearance	Revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	Revocation

 

(dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime 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. – from a minimum of a reprimand, six months probation and a fine of $5,000 to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation;

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$5,000 fine, reprimand	Revocation
SECOND & SUBSEQUENT OFFENSES	$10,000 fine, 2 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	2 Year Suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	Revocation	Revocation

 

(ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program. – from a minimum of a reprimand, a fine of $1000 and/or suspension until the Medicaid program is reimbursed in full to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation;

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine, reprimand requiring the Medicaid program be reimbursed in full	$10,000 fine, suspension until the Medicaid program is reimbursed in full
SECOND & SUBSEQUENT OFFENSES	$10,000 fine, suspension until the Medicaid program is reimbursed in full	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST & SUBSEQUENT OFFENSES	Suspension until the Medicaid program is reimbursed in full	Revocation and requirement that Medicaid program be reimbursed in full

 

(ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Section 409.913, F.S.. – if not terminated for cause, from a minimum of a reprimand, a fine of $1,000 and/or six months probation to revocation and a $10,000 fine. If terminated for cause or if it is the second offense, a $10,000 fine and revocation.

 

	MINIMUM	MAXIMUM
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE	$1,000 fine, reprimand	Revocation
IF TERMINATED FOR CAUSE OR SECOND & SUBSEQUENT OFFENSES	Revocation	Revocation
TELEHEALTH REGISTRANTS
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE	6 month suspension	Revocation
IF TERMINATED FOR CAUSE OR SECOND & SUBSEQUENT OFFENSES	Revocation	Revocation

 

(gg) Section 456.072(1)(ll), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime related  to health care fraud – if the crime is a felony under Chapter 409, Chapter 817, 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396 the penalty shall be a minimum fine of $10,000 and revocation. Otherwise the penalty range is from a minimum of a reprimand, six months probation and a fine of $10,000 to a maximum of revocation and a fine of $10,000. For a second offense, a fine of $10,000 and revocation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine, 1 year suspension	$10,000 fine, revocation
SECOND & SUBSEQUENT OFFENSES	$10,000 fine, 2 year suspension	$10,000 fine, revocation
FELONY Chapter 409, Chapter 817, 21 U.S.C. ss. 801-907, or 42 U.S.C. ss.1395-1396	$10,000 fine, revocation	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST & SUBSEQUENT OFFENSES	Revocation	Revocation
FELONY Chapter 409, Chapter 817, 21 U.S.C. ss. 801-907, or 42 U.S.C. ss.1395-1396	Revocation	Revocation

 

(hh) Providing information, including written documentation, indicating that a person’s need for an emotional support animal under s.760.27, F.S., 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	$5,000 fine, 6 month suspension	$10.000 fine, 1 year suspension
Second or Subsequent Offense	$5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
First Offense	1 year suspension	Revocation
Second or Subsequent Offense	2 Year Suspension	Revocation

 

(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating factors the following:

(a) Exposure of patient or public to injury or potential injury, physical or otherwise;

(b) Legal status at the time of the offense: no restraints, or legal constraints;

(c) The number of counts or separate offenses established;

(d) Actions taken by the licensee to correct the violation or to remedy complaints;

(e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;

(f) Pecuniary benefit or self-gain inuring to the applicant or licensee;

(g) Negligent actions resulting in financial harm to the patient;Any other relevant mitigating or aggravating factors.

(h) Vulnerability of the patient due to age or disability.

(4) Stipulations or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(5) Notices of Noncompliance and Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board or the Department to send a notice of noncompliance or a letter of guidance pursuant to Sections 456.073(3) and (4), F.S., in any case for which it finds such action appropriate.

(6) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate.

 

Rulemaking Authority 456.079, 456.47(7) FS. Law Implemented 456.079, 456.47, 760.27 FS. History–New 2-11-87, Amended 2-16-89, Formerly 21JJ-7.005, Amended 8-18-93, 9-22-94, Formerly 61G9-7.005, Amended 11-11-02, 6-23-10, 10-21-12,                           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Hearing Aid Specialists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Hearing Aid Specialists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2021