RULE NO.:RULE TITLE:
64B18-14.002Disciplinary 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. 178, September 14, 2021 issue of the Florida Administrative Register.
The changes are based upon written comments received by the staff of the Joint Administrative Procedures Committee.
The rule now reads as follows:
64B18-14.002 Disciplinary Guidelines.
The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon a licensee whom it regulates under chapter 456 and 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either chapters 456, or 461, F.S., and/or any laws and rules adopted pursuant thereto. The brief description of each violation is provided for quick reference and is not intended to convey all elements of any given statutory provision. The full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of chapters 456, or 461, F.S., and/or the laws and rules adopted pursuant thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
VIOLATION
FLORIDA LICENSEE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(1) through (9) No change.
(10) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of podiatric medicine or the ability to practice podiatric medicine.
(Sections 461.013(1)(c), and 456.072(1)(c), F.S.)
MIN: $5,000$1,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(11) through (22) No change.
(23) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 893, F.S., by the podiatric physician to himself.
(Section 461.013(1)(p), F.S.)
MIN: $3,000$1,000 fine and one (1) year of probation;
MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $10,000 fine and six (6) month suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(24) through (25) No change.
(26) Gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances.
(Sections 461.013(1)(s) and 456.072(7), F.S.)
MIN: $10,000 fine and six (6) month suspension;
MAX: Revocation and a $10,000 fine.
MIN: $10,000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Six (6) month suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(27) Performing any procedure or prescribing any therapy which, by prevailing standards of podiatric practice in the community, would constitute experimentation on human subjects without first obtaining full, informed, and written consent.
(Section 461.013(1)(t), F.S.)
MIN: $5,000$1,000 fine and one (1) year of probation;
MAX: Revocation.
MIN: $8,000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(28) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform.
(Sections 456.072(1)(o) and 461.013(1)(u), F.S.)
MIN: $5,000$1,000 fine and one (1) year of probation;
MAX: Revocation.
MIN: $8,000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(29) through (30) No change.
(31) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate or preclude another licensee from lawfully advertising his services.
(Section 461.013(1)(x), F.S.)
MIN: Reprimand and a $500 fine;
MAX: $1,500 fine and six (6) months of probation.
MIN: Reprimand and a $5,000$2,000 fine;
MAX: $10,000 fine and one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(32) No change.
(33) Fraud, deceit, or misconduct in the practice of podiatric medicine.
(Section 461.013(1)(z), F.S.)
MIN: $10,000 fine and one (1) year of probation;
MAX: Revocation and a $10,000 fine.
MIN: Revocation and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(34) through (35) No change.
(36) Violating any provisions of Chapter 461, 456, or any rules promulgated thereto, unless otherwise specifically referenced herein.
(Sections 456.072(1)(dd) and 461.013(1)(cc), F.S.)
MIN: Reprimand and a $3,000$1,000 fine;
MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
a. through e. No change.
(37) through (62) No change.
Rulemaking Authority 456.072, 456.079, 461.005, 461.013 FS. Law Implemented 456.033, 456.063, 456.072, 456.079, 461.012, 461.013 FS. History–New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, 11-27-16, 4-19-17, 1-2-19,__________________________.
