Disciplinary Guidelines

 

DEPARTMENT OF HEALTH

Board of Orthotists and Prosthetists

RULE NO:RULE TITLE:

64B14-7.003Disciplinary Guidelines

Notice is hereby given that the following changes have been made to the proposed rule published in Vol. 42 No. 53, March 17, 2016, issue of the Florida Administrative Register and the Notice of Change published in Vol. 43 No. 109, June 6, 2017, issue of the Florida Administrative Register, in accordance with subparagraph 120.54(3)(d)1., F.S.

NOTICE OF CHANGE

64B14-7.003 Disciplinary Guidelines.

(1) No change.

(2) Violations and Ranges of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 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 within the range corresponding to the violations set forth below. 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.

 

VIOLATION	PENALTY RANGE MINIMUM	PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license or certificate by bribery, fraudulent misrepresentation or through an error of the Department or the Board. (468.811(1)(a), 456.072(1)(h), F.S.)
First Offense	Denial/revocation with ability to reapply $10,000 fine	Denial/revocation with ability to reapply and $10,000 fine
Second Offense	Revocation with ability to reapply and up to $10,000 fine	Revocation with no ability to reapply and $10,000 fine
(b) through (d) No change.
(e) Fraudulent, false, deceptive, or misleading advertising. (468.811(1)(e), F.S.)
First Offense	Reprimand and $10,000 fine	6 months suspension and $250 to $10,000 fine
Second Offense	1 year suspension and up to $10,000 fine	Revocation and $10,000 fine
(f) – (g) No change.
(h) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession. (468.811(1)(k), 468.809, 456.072(1)(a), (m), F.S.)
First Offense	1 year probation with conditions and up to $10,000 fine	1 year suspension, 1 year probation with conditions and up to $10,000 fine
Second Offense	2 years suspension, 2 years probation with conditions and up to $10,000 fine	Revocation and $10,000 fine
(i) through (aa) No change.
(bb) 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. (456.072(1)(a), 456.072(1)(m), 468.811(1)(k), F.S.)
First Offense	1 year probation with conditions and up to a $10,000 fine	1 year suspension, 1 year probation with conditions and up to a $10,000 fine
Second Offense	1 year suspension, 1 year probation with conditions and up to a $10,000 fine	Revocation and up to a $10,000 fine
Third Offense	2 years suspension, 2 years probation with conditions and up to a $10,000 fine	Revocation and up to a $10,000 fine
(cc) through (hh) No change.
(ii) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (456.072(1)(ll), FS)
First Offense	Revocation and $10,000 fine or in the case of application for licensure, denial of license and a $10,000 fine.

 

(3) through (4) No change.

Rulemaking Authority 456.072(4), 456.079(1), 468.802 FS. Law Implemented 456.072, 456.079, 456.079(2), 468.811 FS. History–New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10,------------------.