RULE NO.:RULE TITLE:
64B5-13.005Disciplinary 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. 188, September 28, 2021 issue of the Florida Administrative Register.
A Notice of Change was published in Vol. 48, No. 67, of the April 6, 2022, issue of the Florida Administrative Register. A Notice off Change was published in Vol. 48, No. 123, of the June 24, 2022, issue of the Florida Administrative Register. The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a public meeting held August 12, 2022. The changes are as follows:
64B5-13.005 Disciplinary Guidelines.
(1) When the Board finds an applicant, licensee, certificate holder, or telehealth registrant whom it regulates under chapter 466, F.S., has committed any of the acts set forth in section 456.072(1), 466.028, or 456.47, F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated. For telehealth registrants, a suspension may be accompanied by a corrective action plan that addressees the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
TELEHEALTH REGISTRANT
MINIMUM
TELEHEALTH REGISTRANT MAXIMUM
(a) Attempting to obtain, obtaining or renewing a license by bribery, fraudulent misrepresentations or error of the Board.
(Sections 466.028(1)(a), 456.072(1)(h), F.S.)
1. Obtain license by bribery.
No change.
2. Obtain license by fraudulent misrepresentations.
First Offense
Denial, $10,000 500 fine and referral to State Attorney’s office if not licensed.
No change.
No change.
No change.
Second Offense
Probation with conditions and $10,000 500 fine.
No change.
No change.
No change.
(b) through (lll) No change.
(2) through (5) No change.
Rulemaking Authority 456.079(1), 456.47(7), FS. Law Implemented 456.072(2), 456.079(1), 456.47(4), 466.028 FS. History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10, 1-24-12, 4-25-17, 11-14-18, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Sapp, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3258; Jessica.Sapp@flhealth.gov
