The proposed rule amendments are intended to address violations and penalties for telehealth registrants; to set forth clarifications to existing disciplinary violations and penalties; and to set forth violations and penalties ....

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NOS.:RULE TITLES:

64B15-19.001Purpose

64B15-19.002Violations and Penalties

PURPOSE AND EFFECT: The proposed rule amendments are intended to address violations and penalties for telehealth registrants; to set forth clarifications to existing disciplinary violations and penalties; and to set forth violations and penalties to address recent statutory changes.

SUMMARY: The proposed rule amendments address violations and penalties for telehealth registrants; clarify existing disciplinary violations and penalties; and set forth violations and penalties to address recent statutory changes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.47(7), 456.079, 459.005, 459.015(5), 458.0138 FS.

LAW IMPLEMENTED: 381.986(3)(a), 456.072, 456.079, 456.47, 456.50, 459.015, 459.0138 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-19.001 Purpose.

The board provides within this rule chapter disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 459, F.S., or telehealth providers registered under section 456.47(4), F.S. The purpose of this rule chapter is to notify applicants and licensees of the ranges of penalties which will routinely be imposed during a formal or informal hearing unless the board finds it necessary to deviate from the stated guidelines for the stated reasons given within this rule. Each range includes the lowest and highest penalty and all penalties falling between. For purposes of this rule chapter, the order of penalties, ranging from lowest to highest, is: letter of concern; reprimand; probation; fine; restriction or certification with restrictions; suspension, revocation or refusal to certify. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations.  The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term. Pursuant to Section 459.015(2), F.S., combinations of these penalties are permissible by law. Nothing in this rule chapter shall preclude any discipline imposed upon an applicant or licensee pursuant to a stipulation or settlement agreement, nor shall the stated ranges of penalties set forth in this rule preclude the probable cause panel from issuing a letter of guidance upon a finding of probable cause where appropriate.

Rulemaking Authority 456.079, 459.005, 459.015(5) FS. Law Implemented 456.079 FS. History–New 9-30-87, Formerly 21R-19.001, 61F9-19.001, 59W-19.001, Amended 2-2-98, 11-12-00,                       .

 

64B15-19.002 Violations and Penalties.

In imposing discipline upon applicants and licensees, 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 statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited directly under each violation description.

Violation	Minimum	Maximum
(1) Attempting to obtain, obtaining or renewing a license or certificate by bribery, fraud or through an error of the Department or board. (Sections 456.072(1)(h) and 459.015(1)(a), F.S.)
(a) Attempting to obtain an initial license or certificate by bribery or fraud.	Denial of application and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS:	Denial of application
(b) Attempting to renew a license by bribery or fraud.
FIRST OFFENSE:	Revocation of the license and a $5,000.00 fine.	Revocation of the license and a $10,000.00 fine.
SECOND OFFENSE:	Revocation of the license and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Revocation
(c) Obtaining or renewing a license by bribery or fraud.
FIRST OFFENSE:	Revocation of the license and a $5,000.00 fine.	Revocation of the license and a $10,000.00 fine.
SECOND OFFENSE:	Revocation of the license and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Revocation
(d) Obtaining or renewing a license through error of the Department or the Board.
FIRST OFFENSE:	Revocation
SECOND OFFENSE:	Revocation
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Revocation
FIRST OFFENSE:	Denial with ability to reapply immediately upon payment of $5,000.00 fine or probation and $5,000.00 fine.	Denial with ability to reapply in not less than 3 years or revocation and $7,500.00 fine.
SECOND OFFENSE:	Denial with ability to ability to reapply in not less than 3 years and $10,000.00 fine or suspension to be followed by probation and $10,000.00 fine.	Denial of license with no ability to reapply or revocation and $10,000.00 fine.
(2) Action taken against license by another jurisdiction. (Sections 456.47(4)(d), 456.072(1)(f) and 459.015(1)(b), F.S.)
FIRST OFFENSE:	Imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of the license.	Revocation Imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to revocation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of the license.
SECOND OFFENSE:	Imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was taken, and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of the license.	Revocation and an administrative fine of $10,000.00 or denial of license until the licensee’s license is unencumbered in the jurisdiction where disciplinary action was originally taken.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, or denial of the license..	Revocation or denial of the license.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension, or denial of the license.	Revocation or denial of the license.
(3) Guilty of crime directly relating to practice or ability to practice. (Sections 456.072(1)(c) and 459.015(1)(c), F.S.)
FIRST OFFENSE:	Probation and $2,000.00 fine.	Revocation and $5,000.00 fine or denial of license with ability to reapply for licensure in not less than 3 years revocation.
SECOND OFFENSE:	Suspension to be followed by probation and $5,000.00 fine.	Revocation and  And$10,000.00 fine or permanent denial of license.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of licensure.
(4) False, deceptive, or misleading advertising. (Section 459.015(1)(d), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine 3 month.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Suspension to be followed by probation and $5,000.00 fine.	1 year suspension to be followed by probation and $5,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Suspension with a corrective action plan.	Revocation
(5) Failure to report another licensee in violation. (Sections 456.072(1)(i) and 459.015(1)(e), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Reprimand and $2,500.00 fine.	Probation and $2,500.00 fine.
THIRD OFFENSE:	Probation and $5,000.00 fine.	Suspension to be followed by probation and $5,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Reprimand	Suspension with a corrective action plan.
(6) Aiding unlicensed practice. (Sections 456.072(1)(j) and 459.015(1)(f), F.S.)
FIRST OFFENSE:	Probation and $2,500.00 fine.	Denial or revocation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $5,000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan	Revocation or denial of license.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension	Revocation or denial of license.
(7) Failure to perform legal duty or obligation. (Sections 456.072(1)(k) and 459.015(1)(g), F.S.)
FIRST OFFENSE:	Reprimand and $1,000.00 fine.	Revocation Denial with ability to reapply after no less than 2 years or revocation and $5,000.00 fine or denial of license.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand.	Revocation or denial of license.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of license.
(8) Failing to comply with the requirements for qualified physicians or medical directors required by Section 381.986(3), F.S. (Section 456.072(1)(k), F.S.)
FIRST OFFENSE:	A letter of concern, and a fine of $1,000.00.	Probation and a fine of $5,000.00.
SECOND OFFENSE:	A reprimand and a fine of $5,000.00.	Revocation and a fine of $10,000.00.
FOR TELEHEALTH REGISTRANTS	Not applicable to telehealth registrants.
(9) Giving false testimony regarding the practice of medicine. (Section 459.015(1)(h), F.S.)
FIRST OFFENSE:	Reprimand and $2,500.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $5,000.00 fine.	Revocation and $10,000 fine or denial of license.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of license.
(10) Filing a false report or failing to file a report as required. (Sections 456.072(1)(l) and 459.015(1)(i), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Suspension to be followed by probation and $10,000.00 fine or denial with ability to reapply in not less than 1 year.
SECOND OFFENSE:	Denial with ability to reapply in not less than 3 years or suspension to be followed by probation and $10,000.00 fine.	Denial with no ability to reapply or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan or denial.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan or denial.	Revocation or denial.
(11) Kickbacks and unauthorized fee arrangements. (Section 459.015(1)(j), F.S.)
FIRST OFFENSE:	Probation and $2,500.00 fine.	Denial or suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $10,000.00 fine.	Denial or revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with  corrective action plan.	Denial or suspension.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension	Denial or revocation
(12) Failure to provide financial disclosure form to a patient being referred to an entity in which the referring physician is an investor. (Section 456.053, F.S.)
FIRST OFFENSE:	Reprimand.	Reprimand and $2,500.00 fine.
SECOND OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Probation and $7,500.00 fine.	Suspension to be followed by probation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand.	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Suspension with a corrective action plan.	Suspension.
(13) Improper refusal to provide health care. (Section 459.015(1)(k), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(14) Sexual misconduct within the patient physician relationship. (Sections 456.072(1)(v) and 459.015(1)(l), F.S.)
FIRST OFFENSE:	Probation and $10,000.00 fine.	Denial of licensure or revocation and $10,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $10,000.00 fine.	Denial of licensure or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan.	Denial of licensure or revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension	Denial of licensure or revocation
(15) Deceptive, untrue, or fraudulent misrepresentations in the practice of medicine. (Sections 456.072(1)(a), (m) and 459.015(1)(m), F.S.)
FIRST OFFENSE:	Probation and a $1,000.00 Reprimand and $10,000.00 fine.	Denial of licensure or revocation suspension to be followed by probation and $10,000.00 fine.
SECOND OFFENSE:	Denial of licensure or suspension to be followed by probation and $10,000.00 fine.	Denial of licensure or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial of licensure or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial of licensure or suspension with a corrective action plan.	Denial of licensure or revocation.
(16) Improper solicitation of patients. (Section 459.015(1)(n), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(17) Failure to keep written medical records. (Sections 459.015(1)(o), 456.47(3), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(18) Fraudulent, alteration or destruction of patient records. (Section 459.015(1)(p), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine.	Suspension to be followed by probation and $7,500.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(19) Exercising improper influence on patient. (Sections 456.072(1)(n) and 459.015(1)(q), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine.	Suspension to be followed by probation and $7,500.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Revocation
(20) Improper advertising of pharmacy. (Section 459.015(1)(r), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Probation and $7,500.00 fine.	Suspension to be followed by probation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Reprimand.
FOR TELEHEALTH REGISTRANTS SECOND AND SUBSEQUENT OFFENSE:	Suspension with a corrective action plan.	Suspension
(21) Performing, professional services not authorized by patient. (Section 459.015(1)(s), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(22) Controlled substance violations. (Section 459.015(1)(t), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine.	Revocation Suspension to be followed by probation and $7,500.00 fine or denial of licensure.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Three (3) month suspension with a corrective action plan	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	One (1) year suspension with a corrective action plan	Revocation or denial of licensure.
(23) Prescribing or dispensing of a scheduled drug by the physician to himself. (Section 459.015(1)(u), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine, and a mental and physical examination.	Suspension to be followed by probation and $7,500.00 fine, and a mental and physical examination. ,and a mental and physical examination or denial of licensure.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine, and a mental and physical examination.	Revocation and $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Fourteen (14) day suspension with a corrective action plan,and a mental and physical examination.	Suspension, and a mental and physical examination or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Three (3) month suspension with a corrective action plan, and a mental and physical examination.	Revocation or denial of licensure.
(24) Use of amygdalin (Laetrile). (Section 459.015(1)(v), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(25) Inability to practice medicine with skill and safety. (Sections 456.072(1)(z) and 459.015(1)(w), F.S.)
FIRST OFFENSE:	Denial or probation and $2,500.00 fine.	Denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with corrective action plan.	Denial or suspension for a minimum of one (1) year and until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety and a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety and a corrective action plan.	Denial or suspension for a minimum of five (5) years and until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety and a corrective action plan.
(26) Gross Malpractice. (Section 459.015(1)(x), F.S.)
FIRST OFFENSE:	Denial or probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with corrective action plan.	Denial or revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension	Denial or revocation
(27) Repeated Malpractice as defined in Section 456.50, F.S. (Section 459.015(1)(x), F.S.)
FIRST OFFENSE:	Revocation or denial of license and fine of $1,000.00.	Revocation or denial of license and fine of $10,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation or denial of license	Revocation or denial of license
(28) Failure to practice medicine in accordance with appropriate level of care, skill and treatment recognized in general law related to the practice of medicine. (Sections 456.47(2)(a), 456.50(1)(g) and 459.015(1)(x), F.S.)
FIRST OFFENSE:	Letter of concern, up to one (1) year probation and $1,000.00 fine.	Denial or revocation and $10,000.00 fine.
SECOND OFFENSE:	Two (2) year probation and $7,5000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern, up to one (1) year suspension with a corrective action plan.	Denial or revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Two (2) year suspension with a corrective action plan.	Denial or revocation
(29) Improper performing of experimental treatment. (Section 459.015(1)(y), F.S.)
FIRST OFFENSE:	Denial or reprimand and $5,000.00 fine.	Denial or suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or reprimand	Denial or suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation
(30) Practicing beyond one’s scope. (Sections 456.072(1)(o) and 459.015(1)(z), F.S.)
FIRST OFFENSE:	Denial or reprimand and $5,000.00 fine.	Denial or suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or reprimand	Denial or suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation
(31) Delegation of professional responsibilities to unqualified person. (Sections 456.072(1)(p) and 459.015(1)(aa), F.S.)
FIRST OFFENSE:	Reprimand and $2,500.00 fine.	Denial or suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation
(32) Violation of law, rule, order, or failure to comply with subpoena. (Sections 456.072(1)(q), (dd) and 459.015(1)(bb), F.S.)
FIRST OFFENSE:	Denial or reprimand and $5,000.00 fine.	Denial or revocation suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Denial or suspension to be followed by probation and $7,500.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or reprimand	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation
(33) Restricting another from lawfully advertising services. (Section 459.015(1)(cc), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	3 month suspension to be followed by probation and a $5,000.00 fine.	1 year suspension to be followed by probation and $5,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Suspension with a corrective action plan	1 year suspension with corrective action plan.
(34) Procuring, aiding or abetting an unlawful abortion. (Section 459.015(1)(dd), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine.	Denial or sSuspension to be followed by probation and $7,500.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Denial or rRevocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan	Denial or reprimand and suspension with corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation
(35) Presigning blank prescription forms. (Section 459.015(1)(ee), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Denial or sSuspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Denial or rRevocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or suspension with a corrective action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation
(36) Prescribing a Schedule II substance for office use. (Section 459.015(1)(ff), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Denial or sSuspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Denial or rRevocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or suspension with a corrective action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation
(37) Improper use of Schedule II amphetamine or sympathomimetic amine drug. (Section 459.015(1)(gg), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Denial or sSuspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or suspension with a corrective action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation
(38) Failure to adequately supervise assisting personnel. (Section 459.015(1)(hh), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Denial or sSuspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Denial or rRevocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or suspension with a corrective action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation
(39) Improper use of substances for muscle building or enhancement of athletic performance. (Section 459.015(1)(ii), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Revocation
(40) Misrepresenting, concealing a material fact during licensing, or disciplinary procedure. (Section 459.015(1)(jj), F.S.)
FIRST OFFENSE:	Denial with ability to reapply immediately upon payment of $5,000.00 fine or probation and $5,000.00 fine.	Denial and a $7,500 fine with ability to reapply in not less than 3 years or revocation and $7,500.00 fine.
SECOND OFFENSE:	Denial with ability to reapply in not less than 3 years and $10,000.00 fine or suspension to be followed by probation and $10,000.00 fine.	Denial of license and $10,000 finewith no ability to reapply or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or six (6) month suspension with a corrective action plan.	Denial or revocation.
(41) Improperly interfering with an investigation or disciplinary proceeding. (Sections 456.072(1)(r) and 459.015(1)(kk), F.S.)
FIRST OFFENSE:	Probation and $10,000.00 fine.	Revocation and $10,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $10,000.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan.	Revocation
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension	Revocation
(42) Failing to report any licensee who has violated voilated the disciplinary act who provides services at the same office. (Section 459.015(1)(ll), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Probation and $7,500.00 fine.	Suspension to be followed by probation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Suspension with a corrective action plan	Reprimand and suspension with a corrective action plan.
(43) Giving corroborating written medical expert opinion without reasonable investigation. (Section 459.015(1)(mm), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(44) Failure to comply with guidelines for use of obesity drugs. (Section 459.0135, F.S. and Rule 64B15-14.004, F.A.C.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(45) Falsely advertising or holding oneself out as a board-certified specialist. (Section 459.015(1)(nn), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(46) Failing to provide patients with information about their patient rights and how to file a complaint. (Sections 456.072(1)(u) and 459.015(1)(oo), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Probation and $7,500.00 fine.	Suspension to be followed by probation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Reprimand.	Ten (10) day suspension with corrective action plan.
(47) Violating any rule adopted by the board or department. (Sections 456.072(1)(b) and 459.015(1)(pp), F.S.)
FIRST OFFENSE:	Denial or letter of concern and $1,000.00 fine, demonstration of compliance with the rule, and completion of a laws and rules course.	Denial or revocation suspension to be followed by probation and $5,000.00 fine, a reprimand, completion of a laws and rules course, and demonstration of compliance with the rule.
SECOND OFFENSE:	Denial or reprimand, completion of laws and rules course, demonstration of compliance with the rule, probation and $7,500.00 fine.	Denial with no ability to reapply or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or letter of concern and demonstration of compliance with the rule.	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension with a corrective action plan, a reprimand,  and demonstration of compliance with the rule.	Denial or revocation.
(48) Using a Class III or a Class IV laser device without having complied with the rules adopted pursuant to section 501.122(2), F.S. (Section 456.072(1)(d), F.S.)
FIRST OFFENSE:	Reprimand and $1,000.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(49) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome. (Section 456.072(1)(e), F.S.)
FIRST OFFENSE:	Reprimand and $2,500.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to telehealth registrants.
(50) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 456.072(1)(g), F.S.)
FIRST OFFENSE:	Reprimand and $5,000.00 fine.	Probation and $10,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation
(51) Failing to comply with the educational course requirements for domestic violence. (Section 456.072(1)(s), F.S.)
FIRST OFFENSE:	Reprimand and $2,500.00 fine.	Probation and $5,000.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to telehealth registrants.
(52) Failing to comply with the requirements for profiling and credentialing. (Section 456.072(1)(w), F.S.)
FIRST OFFENSE:	$2,500.00 fine.	Suspension to be followed by probation and $5,000.00 fine.
SECOND OFFENSE:	Probation and $5,000.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to telehealth registrants.
(53) Failing to report to the board in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)
FIRST OFFENSE:	Reprimand Imposition of discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an adminsitrative fine of $2,000.00 ranging from $1,000 to $5,000.00.	Reprimand Imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to revocation or denial of the license until the license is unencumbered in the jurisdictionin which disciplinary action was originally taken and an administrative fine of ranging from $5,000.00 or denial of licensure to $10,000.00.
SECOND OFFENSE:	Suspension to be followed by a period of probation Imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine of ranging from $5,000.00 to $10,000.00.	Revocation and an administrative fine of $10,000.00 or denial of license until the licensee’s license is unencumbered in the jurisdiction where discipilinary action was originally taken.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Reprimand or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of license.
(54) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to section 316.066, F.S., or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in such accidents. (Section 456.072(1)(y), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and $1,000.00 fine.
SECOND OFFENSE:	Probation and $2,000.00 fine.	Probation and $5,000.00 fine.
THIRD OFFENSE:	Probation and $7,500.00 fine.	Suspension to be followed by probation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Suspension with a corrective action plan.	Suspension
(55) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening. (Section 456.072(1)(aa), F.S.)
FIRST OFFENSE:	Probation and $5,000.00 fine.	Suspension to be followed by probation and $7,500.00 fine.
SECOND OFFENSE:	Suspension to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan.	Suspension
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension	Revocation
(56) Performing or attempting to perform health care services on the wrong patient, a wrong procedure, an unauthorized, unnecessary or unrelated procedure. (Section 456.072(1)(bb), F.S.)
FIRST OFFENSE:	Denial or probation and $5,000.00 fine.	Denial or revocation and $10,000.00 fine.
SECOND OFFENSE:	Denial or suspension and $10,000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension.	Denial or revocation.
(57) Leaving a foreign body in a patient such as a sponge, clamp, forceps, surgical needle or other paraphernalia. (Section 456.072(1)(cc), F.S.)
FIRST OFFENSE:	Denial or probation and $5,000.00 fine.	Denial or revocation and $10,000.00 fine.
SECOND OFFENSE:	Denial or suspension and $10,000.00 fine.	Denial or revocation and $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or suspension with a corrective action plan.	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Denial or suspension.	Denial or revocation.
(58) Being terminated for cause, from a treatment program for impaired practitioners, 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. (Section 456.072(1)(hh), F.S.)
FIRST OFFENSE:	Suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation Stayed suspension and probation and $2,500.00 fine.	Revocation Suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000.00 fine or denial of licensure revocation and $10,000.00 fine.
SECOND OFFENSE:	Suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500.00 fine.	Revocation and $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by a corrective action plan.	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand and suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by a corrective action plan.	Revocation or denial of licensure.
(59) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients, a violation of any provision of chapter 456, or sections 893.055 and 893.0551, F.S., a violation of the applicable practice act, or a violation of any rules adopted under this chapter or the applicable practice act of the prescribing practitioner. (Section 456.072(1)(gg), F.S.)
FIRST OFFENSE:	One year Probation and $1,000.00 fine.	Revocation and $10,000.00 fine or denial of licensure.
SECOND OFFENSE:	Suspension to be followed by probation and $5,000.00 fine.	Revocation and $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	One (1) month suspension with a corrective action plan.	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Ninety (90) day suspension with a corrective action plan.	Revocation or denial of licensure.
(60) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s.1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)
FIRST OFFENSE:	Revocation and a fine of $10,000.00 or denial of application for licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation or denial of application for licensure.
(61) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (Section 456.072(1)(jj), F.S.)
FIRST OFFENSE:	Letter of concern and a fine of $500.00.	Probation, and a fine of $1,000.00.
SECOND OFFENSE:	Reprimand and a fine of $500.00.	Revocation and a fine of $1,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand	Revocation
(62) Being terminated from the State Medicaid program or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.)
FIRST OFFENSE:	Letter of concern and a fine of $500.00.	Denial or sSuspension and a fine of $1,000.00.
SECOND OFFENSE:	Reprimand and a fine of $500.00.	Denial or revocation and a fine of $1,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Denial or suspension
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand	Denial or revocation
(63) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (Section 456.072(1)(ll), F.S.)
FIRST OFFENSE:	Revocation and fine of $10,000.00 or denial of application for licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation or denial of application.
(64) A violation of Rule 64B15-14.0051, F.A.C.
FIRST OFFENSE:	Probation for a term no less than two (2) years and a $5,000.00 fine.	Revocation.
SECOND OFFENSE:	Suspension for a minimum of one (1) year to be followedby a term of probation and a $10,000.00 fine.	Revocation.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Seven (7) day suspension with a corrective action plan.	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension for a minimum of one year.	Denial or revocation.
(65) A violation of Rule 64B15-14.0052, F.A.C.
FIRST OFFENSE:	Probation for a term no less than one (1) year and a $5,000.00 fine.	Revocation.
SECOND OFFENSE:	Suspension for a minimum of six months to be followed by a term of probation and a $10,000.00 fine.	Revocation.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Not applicable to telehealth registrants.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Not applicable to telehealth registrants.
(66) Registration of pain clinic by a designated physician through misrepresentation or fraud. (Section 459.015(1)(rr)1., F.S.)
(a) For registering a pain clinic through misrepresentation.
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Probation and a $5,000.00 fine.
SECOND OFFENSE:	Probation and a $5,000.00 fine.	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(b) For registering a pain clinic through fraud.
FIRST OFFENSE:	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(67) Procuring or attempting to procure, the registration of a pain management clinic for any other person by making or causing to be made, any false representation. (Section 459.015(1)(rr)2., F.S.)
FIRST OFFENSE:	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(68) Failing to comply with any requirement of chapter 499, F.S., the Florida Drug and Cosmetic Act; 21 U.S.C., ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention Control Act; or chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act. (Section 459.015(1)(rr)3., F.S.)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Probation and a $5,000.00 fine.
SECOND OFFENSE:	Reprimand and a $5,000.00 fine.	Suspension, followed by a period of probation, and a $10,000.00 fine.
THIRD OFFENSE:	Reprimand and a $7,500.00 fine.	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.	plan.
(69) Being convicted of or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, or any other state, or of the United States. (Section 459.015(1)(rr)4., F.S.)
FIRST OFFENSE:	Probation and a $1,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
SECOND OFFENSE:	Suspension and a $5,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(70) Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of chapter 459, F.S. (Section 459.015(1)(rr)5., F.S.)
FIRST OFFENSE:	From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $1,000.00 fine.	Suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and a $5,000.00 fine or denial of licensure.
SECOND OFFENSE:	From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $5,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(71) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to the practice of, or the ability to practice, a licensed health care profession. (Section 459.015(1)(rr)6., F.S.)
FIRST OFFENSE:	Probation and a $1,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
SECOND OFFENSE:	Suspension and a $5,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(72) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud. (Section 459.015(1)(rr)7., F.S.)
(a) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00.
FIRST OFFENSE:	Revocation and a $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(b) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less.
FIRST OFFENSE:	Suspension, followed by a period of probation, and a $10,000.00 fine.	Revocation or denial of licensure.
SECOND OFFENSE:	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(73) Dispensing any medicinal drug based upon a communication that purports to be a presciption as defined in section 465.003(14) or 893.02, F.S., if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship. (Section 459.015(1)(rr)8., F.S.)
FIRST OFFENSE:	Reprimand and a $1,000.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
SECOND OFFENSE:	Probation and a $5,000.00 fine.	Revocation and a $10,000.00 fine fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(74) Failing to timely notify the Board of the date of his or her termination from a pain management clinic as required by section 459.0137(2)€, F.S. (Section 459.015(1)(rr)9., F.S.)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Probation and a $5,000.00 fine.
SECOND OFFENSE:	Reprimand and a $5,000.00 fine.	Suspension, followed by a period of probation, and a $10,000.00 fine.
THIRD OFFENSE:	Suspension, followed by a period of probation, and a $7,500.00 fine.	Revocation and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS	Not applicable to teleheath registrants.
(75) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of an osteopathic physician’s electronic prescribing software or other methods for prescribing within 24 hours as required by section 459.0137(3), F.S. (Section 459.015(1)(ss), F.S.)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Probation and a $5,000.00 fine or denial of licensure.
SECOND OFFENSE:	Probation and a $5,000.00 fine.	Suspension, followed by a period of probation, and a $10,000.00 fine or denial of licensure.
THIRD OFFENSE:	Suspension, followed by a period of probation, and a $7,500.00 fine.	Revocation and a $10,000.00 fine or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Not applicable to teleheath registrants.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Not applicable to teleheath registrants.
(76) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in chapter 893, F.S. (Section 459.015(1)(tt), F.S.)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	1 year suspension, followed by a period of probation, and a $5,000.00 fine.
SECOND OFFENSE:	Reprimand and a $5,000.00 fine.	1 year suspension, followed by a period of probation, and a $10,000.00 fine.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	1 year suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand	1 year suspension with a corrective action plan.
(77) Failure to comply with the controlled substance prescribing requirements of section 456.44, F.S. (Section 456.072(1)(mm), F.S.)
FIRST OFFENSE:	Suspension of license for a period of six (6) months followed by a period of probation and an administrative fine in the amount of $10,000.00.	Revocation and an administrative fine in the amount of $10,000.00 or denial of licensure.
SECOND OFFENSE:	Suspension of license for a period of one (1) year followed by a period of probation and an administrative fine in the amount of $10,000.00.	Revocation and an administrative fine in the amount of $10,000.00 or denial of licensure
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension of license for a period of six (6) months with a corrective action plan.	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension of license for a period of one (1) year with a corrective action plan.	Revocation or denial of licensure.
(78) Providing false or deceptive expert witness testimony related to the practice of medicine. (Section 459.015(1)(qq), F.S.)
FIRST OFFENSE:	Reprimand and an administrative fine of $5,000.00.	Revocation and an administrative fine of $10,000.00 or denial of licensure..
SECOND OFFENSE:	Suspension and an administrative fine of $7,500.00.	Revocation and an administrative fine of $10,000.00 or denial of licensure..
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension	Revocation or denial of licensure.
(79) Failure to comply with the requirements of section 390.0111(3), F.S., regarding termination of pregnancies. (Section 456.072(1)(k), F.S.)
FIRST OFFENSE:	Letter of concern and an administrative fine of $1,000.00.	A period of probation and an administrative fine in the amount of $2,500.00.
SECOND OFFENSE:	Reprimand and an administrative fine of $2,500.00.	Suspension followed by a period of probation and an administrative fine in the amount of $5,000.00.
THIRD OFFENSE:	Reprimand and an administrative fine of $5,000.00.	Revocation and an administrative fine in the amount of $10,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Reprimand	Revocation
(80) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of section 465.0276, F.S. (Section 459.015)(1)(uu), F.S.)
FIRST OFFENSE:	Probation and an administrative fine of $1,000.00.	Revocation and an administrative fine of $10,000.00 or denial of licensure..
SECOND OFFENSE:	Suspension followed by a period of probation and an administrative fine of $5,000.00.	Revocation and an administrative fine of $10,000.00 or denial of licensure..
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	One (1) month suspension with a corrective action plan.	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Six (6) month suspension with a corrective action plan.	Revocation or denial of licensure.
(81) Willfully failing to comply with section 627.64194 or 641.513, F.S. with such frequency as to indicate a general business practice. (Section 459.015(1)(vv), F.S.)
FIRST OFFENSE:	Letter of concern.	Reprimand and an administrative fine in the amount of $1,000.00 to $5,000.00.
SECOND OFFENSE:	Reprimand.	Revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand.	Revocation
(82) Issuing a physician certification as defined in section 381.986, F.S., in a manner out of compliance with the requirements of that section and the rules adopted thereunder. (Section 459.015(1)(ww), F.S.
FIRST OFFENSE:	Denial or probation and an administrative fine of $1,000.00.	Denial or revocation and an administrative fine of $5,000.00.
SECOND OFFENSE:	Denial or suspension and an administrative fine of $5,000.00.	Denial or revocation and an administrative fine of $10,000.00.
FOR TELEHEALTH REGISTRANTS	Not applicable to telehealth registrants.
(83) Failure to consult the prescription drug monitoring system, as required by section 893.055(8), F.S. (Section 459.015(1)(g), F.S.)
FIRST OFFENSE:	Letter of concern and an administrative fine of $1,000.00.	Reprimand and an administrative fine of $2,500.00.
SECOND OFFENSE:	Reprimand and an administrative fine of $2,500.00.	Suspension and an administrative fine of $5,000.00.
THIRD OFFENSE:	Suspension and an administrative fine of $5,000.00.	Revocation and an administrative fine in the amount of $10,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Reprimand	Revocation
(84) Failure to report adverse incidents in planned out-of-hospital births by section 459.015(1)(g), F.S. (Section 459.015(1)(g), F.S.)
FIRST OFFENSE:	Letter of concern and an administrative fine of $1,000.00.	Reprimand and an administrative fine of $2,500.00.
SECOND OFFENSE:	Reprimand and an administrative fine of $2,500.00.	Suspension and an administrative fine of $5,000.00.
THIRD OFFENSE:	Suspension and an administrative fine of $5,000.00.	Revocation and an administrative fine in the amount of $10,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Reprimand
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Reprimand	Revocation
(85) Performing a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery in an office that is not registered with the department pursuant to Section 458.328 or 459.0138, F.S. (Section 459.015(1)(xx), F.S.)
FIRST OFFENSE:	Twelve (12) months probation and an administrative fine of $5,000.00 per day.	Revocation Twelve (12) months suspension followed by a term of probation and an administrative fine of $5,000.00 per day, or denial of licensure.
SECOND OFFENSE:	Twelve (12) months suspension followed by a term of probation and permanent restriction from performing office surgery and an administrative fine of $5,000.00 per day.	Revocation and an administrative fine of $5,000.00 per day.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Not applicable to telehealth registrants.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Not applicable to telehealth registrants.
(86) 1. Violating any provision of   chapters 459, 456, F.S., or any rules adopted pursuant thereto. (Section 459.015,(1)(pp), F.S.)
FIRST OFFENSE:	Reprimand and an administrative fine of $1,000.	Denial or revocation.
SECOND OFFENSE:	Probation and an administration fine of $5,000	Denial or revocation.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Denial or revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Denial or revocation.
2. Performing a pelvic examination on a patient without the written consent of the patient or the patient’s legal representative executed specific to, and expressly identifying, the pelvic examination. (Sections 459.015(1)(pp), 456.51, F.S.)
FIRST OFFENSE:	Letter of concern and an administrative fine of $1,000	Denial or reprimand and an administrative fine of $2,500.
SECOND OFFENSE:	Reprimand and an administrative fine of $2,500	Denial or probation and an administrative fine of $5,000.
THIRD OFFENSE:	Probation and an administrative fine of $5,000	Denial or revocation and an administrative fine of $10,000.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern	Denial or suspension with a correction action plan
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Minimum six (6) months suspension with a corrective action plan	Denial or revocation.
(87) Intentionally implanting a patient or causing a patient to be implanted with a human embryo without the  recipient’s consent to the use of that human embryo, or inseminating a patient or causing a patient to be inseminated with the human reproductive material, as defined in s. 784.086, of a donor without the recipient’s consent to the use of human reproductive material from that donor. (Section 456.072(1)(pp), F.S.
FIRST OFFENSE:	Six (6) months probation and an administrative fine of $5,000	Denial or one (1) year suspension and an administrative fine of $10,000
SECOND OFFENSE:	One (1) year suspension and an administrative fine of $7,500	Denial or revocation.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Six (6) months suspension with a corrective action plan	Denial or one (1) year suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	One (1) year suspension with a corrective action plan	Denial or revocation.
(88) Implanting a patient or causing a patient to be implanted with a human embryo created with the human reproductive material, as defined in s. 784.086, of the licensee, or inseminating a patient or causing a patient to be inseminated with the human reproductive material of the licensee. (Section 459.015(1)(yy), F.S.)
FIRST OFFENSE:	Revocation and an administrative fine of $10,000.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Denial or revocation.
(89) Prescribing controlled substances in violation of Section 456.47(2)(c), F.S. (Section 456.47(2)(c), F.S.)
FIRST OFFENSE:	Reprimand and a $5,000.00 fine	Revocation.
SECOND OFFENSE:	Suspension and a $10,000.00 fine	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Revocation.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan	Revocation or denial of licensure.
(90) Providing information indicating that a person has a disability or supporting 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)
FIRST OFFENSE:	Letter of concern and a fine of $500	Probation and a fine of $1,000.00
SECOND OFFENSE:	Reprimand and a fine of $500.00	Revocation and a fine of $1,000.00.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of Concern	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand	Revocation.
(91) Failure to display hyperlink on telehealth registrant’s website. (Section 456.47(4)(c), F.S.
FIRST OFFENSE:	Not applicable to physicians licensed under Chapter 459, F.S.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Letter of concern.	Suspension with a corrective action plan.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Reprimand.	Revocation.
(92) Opening an office in Florida or providing in-person healthcare services to patients in Florida. (Section 456.47(4)(f), F.S.)
FIRST OFFENSE:	Not applicable to physicians licensed under Chapter 459, F.S.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Revocation or denial of licensure.
(93) Failure to report disciplinary action by another jurisdiction including pending disciplinary action. (Section 456.47(4)(d), F.S.
FIRST OFFENSE:	Not applicable to physicians licensed under Chapter 459, F.S.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand	Revocation or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Suspension with a corrective action plan.	Revocation or denial of licensure.

Rulemaking Authority 456.079, 456.47(7), 459.015(5), 459.0138 FS. Law Implemented 381.986(3)(a), 456.072, 456.079, 456.47, 456.50, 459.015, 459.0138 FS. History–New 9-30-87, Amended 10-28-91, 1-12-93, Formerly 21R-19.002, 61F9-19.002, 59W-19.002, Amended 2-2-98, 2-11-01, 6-7-01, 2-26-02, 12-7-05, 11-14-06, 11-27-06, 5-10-10, 7-27-10, 11-10-11, 3-27-12, 7-3-12, 1-1-15, 11-27-16, 4-30-18, 8-9-18, 11-19-19, 2-12-20,_______. 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 21, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2020