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

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. 131, July 8, 2021 issue of the Florida Administrative Register.

The Board received written comments from the Joint Administrative Procedures Committee on Rule 64B6-7.002, 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 64B6-7.002 follows. See Florida Administrative Code for present text.

 

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 chapter 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 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 as authorized by section 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 section 456.072(1), 484.0512, or 484.053, F.S.

 

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

 

Bribery	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $250 fine	$1,000 fine,  1 year probation, or denial
SECOND OFFENSE	Reprimand, $1,000 fine,  2 year suspension or denial	$2,500 fine, 2 year suspension or deniial
ADDITIONAL OFFENSES	Revocation or denial	Revocation or denial
Fraudulent Misrepresentation	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, $10,000 fine, 1 year probation	$10,000 fine, 1 year probation
SECOND OFFENSE	Reprimand, $10,000 fine, 1 year suspension	Revocation and $10,000 fine
ADDITIONAL OFFENSES	Revocation and $10,000 fine	Revocation and $10,000 fine
Error of the Department or Board	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern	Revocation or denial
SECOND OFFENSE	Letter of concern	Revocation or denial
ADDITIONAL OFFENSES	Letter of concern	Revocation or denial
TELEHEALTH REGISTRANTS
Bribery	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and 6 month suspension	Revocation or denial
SECOND OFFENSE	Reprimand and 1 year suspension	Revocation or denial
ADDITIONAL OFFENSES	Revocation or denail	Revocation or denial
Fraudulent Misrepresentation	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, and 1 year suspension	Revocation or denial
SECOND OFFENSE	Reprimand and 2 year suspension	Revocation or denial
ADDITIONAL OFFENSES	Revocation or denial	Revocation or denial
Error of the Department or Board	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of Concern	Revocation or denial
SECOND OFFENSE	Letter of concern	Revocation or denial
ADDITIONAL OFFENSES	Letter of concern	Revocation or denial

 

(c) Section 484.056(1)(c) or 456.072(1)(f), F.S.: Having a license revoked, suspended, denied, or otherwise acted against.

 

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

 

(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.

 

	MINIMUM	MAXIMUM
Section 484.056(1)(d) or 456.072(1)(c), F.S. MISDEMEANOR	Reprimand and $500 fine	$2,500 fine and 1 year probation
Section 484.056(1)(d) or 456.072(1)(c), F.S. FELONY	Reprimand $2,500 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.	Reprimand and $5,000 fine, 2 years suspension	Revocation
Crimes related to fraud.	Reprimand and $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 and 6 month suspension	Revocation
Section 484.056(1)(d) or 456.072(1)(c), F.S. FELONY	Reprimand and 1 year suspension	Revocation
Violation of law related to abuse, aggravated abuse, and neglect of an elderly person or disabled adult.	Reprimand and 2 years 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.  Willful filing or impeding or inducing another to file a false report.

 

Negligently Filing a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $500 fine	$2,000 fine, 1 year probation
SECOND & SUBSEQUENT OFFENSES	Reprimand and $1,000 fine	$5,000 fine, 1 year suspension followed by probation
Willful Filing or Impeding or Inducing Another to File a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $2,000 fine, 1 year probation	$5,000 fine, 1 year suspension, followed by 6 month probation
SECOND & SUBSEQUENT OFFENSES	Reprimand $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	Reprimand and 1 year suspension, corrective action plan	Revocation
Willful Filing or Impeding or Inducing Another to File a False Report	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and  1 year suspension	Revocation
SECOND & SUBSEQUENT OFFENSES	Reprimand and 2 years suspension, corrective action plan	Revocation

 

(f) Section 484.056(1)(f) or 456.072(1)(m), F.S.: False/misleading advertisement or fraudulent representation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine	$5,000 fine, 1 year probation
SECOND & SUBSEQUENT OFFENSES	Reprimand and $2,500 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	Reprimand  and 2 years 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.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	Reprimand and $5,000, 1 year suspension	$10,000 fine, revocation
ADDITIONAL OFFENSES	Reprimand and $10,000 and 2 years 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	Reprimand, 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.

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

 

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

 

(j) Section 484.056(1)(j) or 456.072(1)(a), F.S.: Misleading advertising, guarantee, warranty, or representation.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine	$5,000 fine, 1 year probation
SECOND OFFENSE	Reprimand and $1,500 fine, 6 months suspension	$7,500 fine, 1 year suspension
ADDITIONAL OFFENSES	Reprimand and $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	Reprimand and 1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	Reprimand and 2 years suspension, corrective action plan	Revocation

 

(k) Section 484.056(1)(k), F.S.: Showing or delivering an unusable or impractical product.

 

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

 

(l) Section 484.056(1)(l), F.S.: Misrepresentation of services available or terms or titles.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $250 fine	$1,000 fine, 1 year probation
SECOND OFFENSE	Reprimand and $1,000 fine, 2 years probation	$2,500 fine, 6 month suspension
ADDITIONAL OFFENSES	Reprimand and $2,500 fine, 1 year suspension	$ 5,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, and 6 months suspension	Revocation
SECOND OFFENSE	Reprimand and 1 year suspension	Revocation
ADDITIONAL OFFENSES	Reprimand and 2 years suspension	Revocation

 

(m) Section 484.056(1)(m), F.S.: Less than full disclosure of guarantee.

 

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

 

(n) Section 484.056(1)(n), F.S.: Bone conduction disclosure failures.

 

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

 

(o) Section 484.056(1)(o), F.S.: Making prognostications as to hearing impairment.

 

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

 

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

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $250 fine	$2,500, 1 year probation
SECOND OFFENSE	Reprimand and $500 fine, 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 months suspension	Revocation
SECOND OFFENSE	Reprimand and 1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	Reprimand and 2 years suspension, corrective action plan	Revocation

 

(r) Section 484.056(1)(r), F.S.: Representing aid is custom-made unless this is the case.

 

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

 

(s) Section 484.056(1)(s), F.S.: Canvassing house to house to sell aids.

 

	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.

 

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

 

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

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine, restitution	$5,000 fine, restitution, and 1 year probation
SECOND & SUBSEQUENT OFFENSES	Reprimand and $5,000 fine, 1 year suspension, restitution	$10,000 fine, restitution, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and  6 months suspension	Revocation
SECOND OFFENSE	Reprimand and 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.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Letter of concern and/ or a $250 fine	$1,000 fine, 1 year probation
SECOND OFFENSE	Reprimand and $1,000 fine, 1 year probation	$5,000 fine, 1 year suspension
ADDITIONAL OFFENSES	Reprimand and $5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and 6 months suspension	Revocation
SECOND OFFENSE	Reprimand and 1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSE	Reprimand and 2 years suspension, corrective action plan	Revocation

 

(x) Section 456.072(1)(i), F.S.: Failing to report a violator.

 

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

 

(y) Section 456.072(1)(j), F.S.: Aiding unlicensed person to practice.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $500 fine	$5,000 fine, 3 months suspension, followed by 6 months probation
SECOND OFFENSE	Reprimand  and $1,500 fine, 6 months suspension followed by  1 year probation	$5,000 fine, 1 year suspension, followed by 1 year probation
ADDITIONAL OFFENSES	Reprimand and $5,000 fine, 1 year suspension, followed by 1 year probation	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand, 6 month suspension	Revocation
SECOND OFFENSE	Reprimand and 1 year suspension, corrective action plan	Revocation
ADDITIONAL OFFENSES	Reprimand and 2 years suspension, corrective action plan	Revocation

 

(z) Section 456.072(1)(p), F.S.: Delegating duties to unqualified person.

 

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

 

(aa) Section 456.072(1)(r), F.S.: Interfering with investigation or proceeding.

 

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

 

(bb) Section 456.072(1)(w), F.S.: Failing to report criminal conviction.

 

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

 

(cc) Section 456.072(1)(y), F.S.: Being unable to practice with reasonable skill and safety.

 

	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.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $5,000 fine	Revocation
SECOND & SUBSEQUENT OFFENSES	Reprimand and $10,000 fine, 2 years suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand and 2 years suspension with corrective action plan	Revocation
SECOND & SUBSEQUENT OFFENSES	Revocation	Revocation

 

(ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $1,000 fine, reimbursement of Medicaid in full	$5,000 fine, suspension until the Medicaid program is reimbursed in full
SECOND & SUBSEQUENT OFFENSES	Reprimand and $5,000 fine, suspension until the Medicaid program is reimbursed in full	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST & SUBSEQUENT OFFENSES	Reprimand and 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..

 

	MINIMUM	MAXIMUM
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE	Reprimand and fine $1,000 fine and/or 6 months probation	Fine of  $5,000, 6 months  suspension, followed by 1 year probation
IF TERMINATED FOR CAUSE OR SECOND & SUBSEQUENT OFFENSES	Revocation and $10,000 fine	Revocation and $10,000
TELEHEALTH REGISTRANTS
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE	Reprimand and 6 months suspension with corrective action plan	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.

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and $10,000 fine, 1 year suspension	$10,000 fine, revocation
SECOND & SUBSEQUENT OFFENSES	Reprimand and $10,000 fine, 2 years 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	Reprimand and $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	Reprimand and $5,000 fine, 6 months suspension	$10.000 fine, 1 year suspension
SECOND OR SUBSEQUENT OFFENSE	Reprimand and $5,000 fine, 1 year suspension	$10,000 fine, revocation
TELEHEALTH REGISTRANTS
	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and 1 year suspension with corrective action plan	Revocation
Second or Subsequent Offense	Reprimand and 2 year suspension with corrective action plan	Revocation

 

(ii) Failure to comply with the parental consent requirements of Section 1014.06.

(Section 456.072(1)(rr), F.S.)                                                                                   

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and  fine of $250	$500 fine and one (1) year probation
SECOND OFFENSE	Reprimand, $500 fine and one (1) year of probation	Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Reprimand	Suspension and a corrective action plan.
SECOND OFFENSE	Reprimnad, Suspension and a corrective action plan	Revocation.

 

(jj) Being convicted or found guilty of, entering a plea of guilty or nolo contedere to, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5) or              (456.072(ss), F.S.                           

 

	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation	Revocation
SECOND OFFENSE	Revocation	Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE	Revocation	Revocation
SECOND OFFENSE	Revocation	Revocation.

 

(kk) Failure to display hyperlink on telehealth registrant’s website.  (Section 456.47(4)(c), (F.S.)

 

TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern	Suspension until compliant and a corrective action plan
SECOND OFFENSE	Reprimand and suspension until compliant, and a corrective action plan	Revocation

(ll) Failing to notify the board of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction within 5 business days after the restriction is placed or disciplinary action is initiated or taken. (Section 456.47(4)(d), F.S.)

 

TELEHEALTH REGISTRANTS
FIRST OFFENSE	Letter of Concern to suspension and a corrective action plan	Revocation
SECOND OFFENSE	Reprimand and suspension, and a corrective action plan	Revocation

 

(mm)  Opening an office in Florida or providing in-person healthcare services to patients in Florida.  (Section 456.74(4)(f), F.S).

 

TELEHEALTH REGISTRANTS	MINIMUM	MAXIMUM
FIRST OFFENSE	Reprimand and suspension until compliant and a corrective action plan	Revocation
SECOND OFFENSE	Reprimand and 1 year suspension until compliant and corrective action plan to revocation of denial	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;

(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,                           .

 

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.