Disciplinary Guidelines

 

DEPARTMENT OF HEALTH

Board of Clinical Laboratory Personnel

RULE NO.:RULE TITLE:

64B3-12.001Disciplinary Guidelines

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 72, April 14, 2021 issue of the Florida Administrative Register.

The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B3-12.001, F.A.C..  On July 23, 2021, the Board approved changes to the proposed rule language.  The changes are as follows:

 

Substantial rewording of Rule 64B3-12.001 follows.  See Florida Administrative Code for present text.

64B3-12.001 Disciplinary Guidelines.

(1) Purpose. The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants, registrants or licensees whom it regulates under Chapter 483, Part II, F.S., or a telehealth provider registered under section 456.47(4), F.S. The purpose of this rule is to notify applicants, registrants 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 also are 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, registrants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, registrants or licensees from violations.  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.

(2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For registrants or licensees, 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 Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by Section 456.072(2), F.S., within the range corresponding to the violations set forth below. Offense identifications are descriptive only; the full language of each statutory provision must be considered in order to determine the conduct included.

(a)Section 483.825(1)(a) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
BRIBERY:  FIRST OFFENSE	$500 fine and up to two (2) years probation or denial of the application	Revocation
BRIBERY:  SECOND AND SUBSEQUENT OFFENSES	Revocation and a $10,000 Fine
FRAUD: FIRST OFFENSE	$10,000 fine and six (6) months probation	$10,000 fine and revocation
FRAUD: SECOND OFFENSE	$10,000 fine and revocation
ERROR: FIRST OFFENSE	$500 fine and a Letter of Concern	$5,000 fine and one (1) year suspension followed by two (2) years probation
ERROR: SECOND OFFENSE	5,000 fine and one (1) year suspension followed by two (2) years probation	Revocation
ERROR: THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS:
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(b) Section 483.825(1)(b), F.S.: Engaging in or attempting to engage in, or representing oneself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to the license.  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.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$300 fine and one (1) year probation	$5,000 and two (2) years probation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and two (2) years probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(c) Section 483.825(1)(c), F.S.: Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting.  

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$300 fine and two (2) years probation	$5,000 and six (6) months suspension
SECOND OFFENSE	5,000 and  six (6) months suspension, followed by 2 years probation.	$10,000 fine and revocation
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Six (6) months suspension
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(d) Section 483.825(1)(d), F.S.: Performing a test and rendering a report thereon to a person not authorized by law to receive such services. 

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and six (6) months probation	$1,500 and one (1) year suspension
SECOND OFFENSE	$1,500 fine and one (1) year suspension	$5,000 fine and up to three (3) years suspension
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	One (1) year suspension
SECOND AND SUBSEQUENT OFFENSES	1 -year Suspension and a corrective action plan	Revocation

 

(e) Section 483.825(1)(e) or 456.072(1)(c), F.S.: Having been convicted of a crime relating to the practice or ability to practice or involving moral turpitude.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and one (1) year probation	$4,000 fine and up to 2 years suspension or revocation
SECOND AND SUBSEQUENT OFFENSES	$4,000 fine and two (2) years probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern to suspension and a corrective action plan	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(f) Section 483.825(1)(f), F.S.: Having been adjudged mentally or physically incompetent.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	Supervised probation until able to demonstrate ability to practice with reasaonble skill and safety without supervision.	Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety, completes appropriate remedial education based on the length of time that the licensee has been unable to practice, and appearance before the board
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan requiring, at a minimum, demonstration of the ability to practice with reasonable skill and safety and appearance before the board	Revocation

 

(g) Section 483.825(1)(g), 483.825(1)(w), 456.072(1)(b), or 456.072(1)(dd), F.S.

1. Violating or aiding and abetting in the violation of any provision of Chapter 456 or 483, Part II, F.S., or the rules adopted thereunder.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and reprimand	$3,000 fine and up to two (2) years suspension followed by a (1) year of probation.
SECOND OFFENSE	$6,000 fine and one (1) year suspension followed by two (2) years probation.	$10,000 fine and revocation
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

2. Section 456.072(1)(e) or 456.072(1)(s), F.S.: In the case of noncompliance with a continuing education or HIV/AIDS or domestic violence course requirement, which is not a citation offense under Section 456.072(3), F.S..

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$3,000 fine and suspension until completion of required continuing education hours	$6,000 fine and suspension until completion of required continuing education hours
SECOND AND SUBSEQUENT OFFENSES	$8,000 fine  and suspension until completion of required continuing education hours	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan requiring completion of required continuing education hours	Suspension and a corrective action plan requiring completion of required continuing education hours
SECOND AND SUBSEQUENT OFFENSE	Revocation

 

(h) Section 483.825(1)(h), F.S.: Reporting a test result when no laboratory test was performed on a clinical specimen.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	$10,000 fine	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSE	Reprimand	Revocation

 

(i) Section 483.825(1)(i) or 456.072(1)(m), F.S.: Knowingly advertising false services or credentials or making fraudulent misrepresentations or employing a trick or scheme.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine per count or offense and six (6) months probation	$10,000 fine per count or offense and One (1) year suspension followed by two (2) years probation
SECOND AND SUBSEQUENT  OFFENSES	$10,000 fine per count or offense	$10,000 fine per count or offense and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	One (1) year suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(j) Section 483.825(1)(j) or 456.072(1)(f), F.S.: Having a license revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another jurisdiction.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida
SECOND AND SUBSEQUENT  OFFENSES	Discipline consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida	$10,000 fine per count or offense and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Letter of concern to revocation as closely as possible to same penalty which would have been imposed if the substantive violation had occurred in Florida

 

(k) Section 483.825(1)(k) or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against one’s license as clinical laboratory personnel in another state, territory or country.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$750 fine and letter of concern	$3,000 fine and three (3) months suspension followed by probation
SECOND AND SUBSEQUENT  OFFENSES	$5,000 fine and three (3) months suspension followed by probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern or Reprimand	Three (3) months suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Reprimand and one (1) year suspension	Revocation

 

(l) Section 483.825(1)(l), 456.072(1)(aa) or 456.072(1)(z), F.S.: Being unable to perform or report clinical laboratory examination with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition or testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Board appearance and referral to PRN for evaluation	Revocation for non-compliance
SECOND AND SUBSEQUENT  OFFENSES	Board appearance and referral to PRN for evaluation	$3,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan to include, at a minimum, a PRN evaluation	Revocation

 

(m) Section 483.825(1)(m) or 456.072(1)(p), F.S.: Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them or aiding unlicensed person to practice.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$2,500 fine and six (6) months probation	$5,000 fine and three (3) years suspension followed by two (2) years probation
SECOND OFFENSE	$5,000 fine and a period of suspension followed by one (1) year probation	$7,500 fine and revocation
THIRD AND SUBSEQUENT OFFENSES	Revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Three (3) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

 

(n) Section 483.825(1)(n) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine, reprimand, and suspension until compliant	$3,000 fine and a minimum of one (1) year suspension or suspension until in compliance which ever suspension is greater followed by probation
SECOND OFFENSE	$5,000 fine and suspension until compliant followed by two (2) years probation	$10,000 fine and revocation
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Three (3) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Six (6) months suspension followed by a corrective action plan	Revocation

 

(o) Section 483.825(1)(o) or 456.072(1)(i), F.S.: Failing to report a person in violation of Part I of Chapter 483 and 456, F.S., or the applicable rules.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$800 fine and a letter of concern	$2,000 fine and six (6) months suspension followed by probation
SECOND OFFENSE	$3,000 fine and one (1) year suspension followed by (2) years probation.	$5,000 fine and two (2) years suspension followed by (3) years probation.
THIRD AND SUBSEQUENT  OFFENSES	$6,000 fine and revocation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SECOND OFFENSE	Letter of concern	Six (6) months suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(p) Section 483.825(1)(p) or 456.072(1)(l), F.S.: Negligent filing of false report.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$500 fine and a letter of concern	$3,000 fine and/or three (3) years of probation
SECOND OFFENSE	$3,500 fine and a reprimand	$10,000 fine and two (2) years suspension followed by probation
THIRD AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Suspension and a corrective action plan
SECOND OFFENSE	Reprimand	Two (2) years suspension followed by a corrective action plan
THIRD AND SUBSEQUENT OFFENSES	Reprimand	Revocation

 

(q) Section 483.825(1)(p), 456.072(1)(g), or 456.072(1)(l), F.S.: Willful filing of false report, impeding, or inducing another to file a false report.  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.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$3,000 fine and three (3) months suspension followed by six (6) months probation	$6,000 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$6,000 fine and three (3) months suspension followed by six (6) months probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Three (3) months suspension followed a corrective action plan	Revocation

 

(r) Section 483.825(1)(q), F.S.: Paying or receiving a kickback, bonus, or split fee arrangement.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$4,000 fine and suspension followed by a minimum of one (1) year probation	$10,000 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine, a minimum of one (1) year suspension followed by two (2) years probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(s) Section 483.825(1)(r) or 456.072(1)(n), F.S.: Exercising influence or exploitation for financial gain  .

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and restitution of improper gains and six (6) months probation	$10,000 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan including, at a minimum, the restitution of improper gains	Revocation

 

(t) Section 483.825(1)(s) or 456.072(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted or competent to perform.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$1,000 fine and one (1) year probation	$4,000 fine and two (2) years suspension followed by probation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and one (1) year probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Two (2) years suspension followed by a corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(u) Section 483.825(1)(t) or 456.072(1)(a), F.S.: Misrepresenting or concealing a material fact or fraudulent representation4.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine per count or offense and six (6) months probation	$10,000 fine per count or offense and revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine per count or offense and at least one (1) year suspension followed by probation	Revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Suspension and a corrective action plan	Revocation
SECOND AND SUBSEQUENT OFFENSES	One (1) year suspension followed a corrective action plan	Revocation

 

(v) Section 483.825(1)(u) or 456.072(1)(r), F.S.: Improperly interfering with an investigation or disciplinary proceeding.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$4,000 fine and suspension followed by one (1) year of probation	$10,000 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(w) Section 483.825(1)(v) or 456.072(1)(v), F.S.: Engaging or attempting to engage in sexual misconduct.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$5,000 fine and a reprimand and referral for PRN evaluation	$10,000 fine and revocation
SECOND AND SUBSEQUENT OFFENSES	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand and suspension and a corrective action plan that requires, at a minimum, the completion of a PRN evaluation	Revocation
SECOND AND SUBSEQUENT OFFENSES	Revocation

 

(x) Section 456.072(1)(k), F.S.:  Failing to perform any legal obligation.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$2,500 fine and reprimand and suspension until compliant	$5,000 fine and revocation [Further Discussion with Board]
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine suspension until compliant and one (1) year probation	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Reprimand	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan	Revocation

 

(y) Section 456.072(1)(hh), F.S.:  Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, as described in Section 456.076, F.S., for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol treatment program.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	$500 and suspension until compliant	$1,000 and suspension until compliant to revocation
TELEHEALTH  REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Suspension and a correction action plan requiring, at a minimum, compliance	Revocation

 

(z) Section 456.072(1)(ii), F.S., for being convicted of or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to Medicaid program.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and revocation or denial of license
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Revocation

 

(aa) Section 456.072(1)(jj), F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern to $500 fine and probation	Reprimand to $2,500 fine and suspension until amount owed is remitted
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and suspension until amount owed is remitted followed by one (year probation).	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Suspension and a corrective action plan, including, at a minimum remitting the amound owed.
SECOND AND SUBSEQUENT OFFENSES	Suspension and a corrective action plan, including, at a minimum remitting the amound owed.	Revocation

 

(bb) Section 456.072(1)(kk), F.S., for being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to particiapte in the program from which the practitioner was terminated has been restored.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$2,500 fine a letter of concern and one (1) year probation	$5,000 fine and reprimand to revocation
SECOND AND SUBSEQUENT OFFENSES	$5,000 fine and suspension	$10,000 fine and revocation
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Letter of concern	Revocation
SECOND AND SUBSEQUENT OFFENSES	Suspension	Revocation

 

(cc) Section 456.072(1)(ll), F.S., for 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.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$10,000 fine and revocation or denial of license
TELEHEALTH  REGISTRANTS
FIRST OFFENSE	Revocation

 

(dd)  Section 456.072(1)(rr), F.S., for failure to comply with the parental consent requirements of s. 1014.06.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST OFFENSE	$250 fine and a reprimand	$500 fine and one (1) year of probation
SECOND AND SUBSEQUENT OFFENSES	$500 fine, suspension, followed by probation	$5,000 fine and revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and corrective action plan	Revocation

 

(ee) Section 456.072(1)(ss), F.S., for being convicted or found guilty of entering a plea of guilty or nolo contender to, regardless of adjudication or committing or attempting, soliciting or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5) or similar offense in another jurisdiction.

APPLICANTS, REGISTRANTS, AND LICENSEES	MINIMUM	MAXIMUM
FIRST AND SUBSEQUENT OFFENSES	Revocation	$10,000 fine and revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES	Revocation	Revocation

 

(ff) Section 456.47(4)(i)1, F.S.,  by failing to notify the board, or the department if there is no board, of any adverse actions taken against his or her license.

TELEHEALTH REGISTRANTS	MIMIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern to suspension and a corrective action plan	Suspension and a corrective action plan or revocation if imposed by the other jurisdiction
SECOND AND SUBSEQUENT OFFENSES	Reprimand to suspension and a corrective action plan to revocation if imposed in the other jurisdiction	Revocation

 

(gg) Section 456.47(4)(i)2, F.S., by having restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.

TELEHEALTH REGISTRANTS	MIMIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern and imposition of a penalty as closely as possible to that imposed in the other jurisdiction	Reprimand and suspension and a penalty as closely as possible to that imposed in the other jurisdiction
SECOND AND SUBSEQUENT OFFENSES	Suspension and a penalty as closely as possible to that imposed in the other jurisdiction	Revocation

 

(hh) Section 456.47(4)(i)3, F.S., by violating any of the requirements of section 456.47, F.S.

 

TELEHEALTH REGISTRANTS	MIMIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and Suspension	Suspension and corrective action plan
SECOND AND SUBSEQUENT OFFENSES	Suspension and corrective action plan	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. If the Board finds aggravating factors, the Board shall impose a more severe action against the license and a higher administrative fine. If the Board finds mitigating factors, the Board shall impose a less severe action against the license and a lower administrative fine. The Board shall consider as aggravating or mitigating factors the following:

(a) The positive or negative intentions or motivations surrounding the Respondent’s actions or failure to act.

(b) The severity of the actual or potential harm;

(c) The extent to which the provisions of Chapter 483, F.S., were violated;

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

(e) Any previous discipline imposed for violation of a different guideline by the licensee;

(f) The financial benefit to the licensee of committing or continuing the violation.

(g) Any other relevant mitigating or aggravating factors.

(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 action by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(5) 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 to direct the Department to send a letter of guidance pursuant to Section 456.073(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(4), 456.47(7), 483.805(4) FS. Law Implemented 456.072, 456.079, 456.47(4), 483.825 FS. History–New 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, 11-25-08, 5-31-10, 3-27-18,                        .

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christina McGinnis, Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3258.