The purpose of the amendment is to add penalty ranges to the guidelines.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-13.005Disciplinary Guidelines

PURPOSE AND EFFECT: The purpose of the amendment is to add penalty ranges to the guidelines.

SUMMARY: Additional penalty ranges for Telehealth Registrants, as authorized by Chapter 2020-156, Laws of Florida; establish penalty ranges for violations of new paragraphs 456.072(1)(rr) and (ss), F.S. authorized by Chapters 2021-190 and 2021-199, LOF.

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 amendment at its Board meeting, the Board, based upon the expertise and experience of its members, 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: 456.079(1) FS.

LAW IMPLEMENTED: 456.072(2), 456.079(1), 466.028 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: Jessica Sapp, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B5-13.005 Disciplinary Guidelines.

(1) When the Board finds an applicant, licensee, or 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), or 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.)
First Offense	Denial $500 fine and referral to State Attorney’s office if not licensed.	Denial/revocation $10,000 fine and referral to State Attorney’s office if not licensed.		Denial of Application.	Revocation or Denial of Application.
Second Offense	Probation with conditions $500 fine.	Revocation $10,000 fine permanent denial and revocation.		Revocation or Denial	Same.
(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (Sections 466.028(1)(b), 456.072(1)(f), F.S.)
First Offense	$1,000 fine.	Suspension/denial until the license is unencumbered and active in the jurisdiction in which the disciplinary action was originally taken, or up to five years followed by probation and $10,000 fine or revocation.		Letter of Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Imposition of discipline which would have been imposed if the substantive violation occurred in Florida. Probation and $1,000 fine.	Suspension until the license is unencumbered in the jurisdiction in which disciplinary action was taken and $10,000 fine.		One  (1) month suspension.	Three (3) year Suspension.
Third Offense	One year suspension followed by probation and $5,000 fine.	Revocation and permanent denial and $10,000 fine.		One (1) year suspension.	Revocation.
(c) Guilty of a crime directly relating to practice or ability to practice. (Sections 466.028(1)(c), 456.072(1)(c), F.S.)
First Offense	$1,000 fine.	Denial or 2 years suspension, 2 years probation with conditions and $10,000 fine, or revocation.		One (1) month Suspension	Three (3) year Suspension or Denial of Application.
Second Offense	One year suspension followed by probation and $1,000 fine.	Denial or revocation and $10,000 fine, with conditions.		Six (6) month Suspension.	Revocation
Third Offense	Revocation and $2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension	Revocation
(d) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form. (Section 466.028(1)(d), F.S.)
First Offense	$500 fine.	1 year probation with conditions and $10,000 fine.		One (1) month Suspension	One (1) year Suspension or Denial of Application.
Second Offense	1 year probation with conditions and $3,000 fine.	1 year suspension 2 years probation with conditions and $10,000 fine.		Six (6) month Suspension.	Eighteen (18) month Suspension.
Third Offense	2 years probation with conditions and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension	Revocation
(e) Advertising, practicing, or attempting to practice under a name other than one’s own. (Section 466.028(1)(e), F.S.)
First Offense	$1,000 fine.	1 year suspension and $10,000 fine.		Reprimand	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $3,000 fine.	Denial or revocation and $10,000 fine.		Six (6) month Suspension	Revocation
Third Offense	Probation with conditions and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(f) Failing to report any person in violation of this chapter or of the rules of the department or the board. (Sections 466.028(1)(f), 456.072(1)(i), F.S.)
First Offense	$500 fine.	1 year probation with conditions and $1,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	1 year probation with conditions and $1,000 fine.	6 months suspension, 1 year probation with conditions and $3,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	1 year probation with conditions and $3,000 fine.	1 year suspension, 1 year probation with conditions and $5,000 fine.		One (1) year Suspension.	Revocation.
(g) Aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene. (Sections 466.028(1)(g), 456.072(1)(j), F.S.)
First Offense	$1,000 fine.	6 months suspension, 1 year probation with conditions and $10,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	1 year suspension, 2 years probation with conditions and $5,000 fine.	2 years suspension, 2 years probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	2 years suspension followed by 2 years probation with conditions and $10,000 fine.	Denial/revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(h) Being employed by any corporation, organization, group, or person other than a dentist or a professional corporation or limited liability company composed of dentists to practice dentistry. (Section 466.028(1)(h), F.S.)
First Offense	$1,000 fine.	2 years probation with conditions and up to suspension, and $10,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	1 year probation with conditions, reprimand and $3,000 fine.	Suspension, 1 year probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	1 year suspension, reprimand and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(i) Failing to perform any statutory or legal obligation placed upon a licensee. (Sections 466.028(1)(i), 456.072(1)(k), F.S.)
First Offense	$500 fine.	2 years probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	1 year probation with conditions and $1,000 fine.	2 years probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	2 years probation with conditions and $2,000 fine.	1 year suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(j) Making or filing a false report, failing to file a report or record required by state or federal law, knowingly impeding or obstructing such filing. (Sections 466.028(1)(j), 456.072(1)(l), F.S.)
First Offense	$1,000 fine.	1 year probation with conditions and up to suspension, and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	1 year probation with conditions and $2,500 fine.	Suspension, probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	2 years probation with conditions and $5,000 fine.	Denial/revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(k) Sexual battery, as defined in chapter 794, F.S., upon a patient. (Section 466.028(1)(k), F.S.)
First Offense	6 months suspension followed by probation and $2,500 fine.	Denial or revocation and $10,000 fine.		Denial or Revocation.	Same.
Second or Subsequent Offense	5 years suspension followed by probation with conditions and $5,000 fine.	Denial/revocation and  $10,000 fine.		Denial or Revocation.	Same.
(l) Making deceptive, untrue, or fraudulent representations in or related to the practice of dentistry. (Sections 466.028(1)(l), 456.072(1)(a), F.S.)
First Offense	$1,000 fine.	6 months probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	1 year probation with conditions and $1,000 fine.	6 months suspension and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	2 years probation with conditions and $2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(m) Failing to keep written records and history justifying the course of treatment of the patient. (Section 466.028(1)(m), F.S.)
First Offense	$500 fine.	Probation with conditions and $7,500 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $1,000 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Probation with conditions and $2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(n) Failing to make available to a patient or client, copies of documents which relate to the patient or client. (Section 466.028(1)(n), F.S.)
First Offense	$500 fine.	Probation with conditions and $7,500 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	$2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(o) Performing professional services which have not been authorized by the patient or client. (Section 466.028(1)(o), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $8,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(p) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug or controlled substance, other than in the course of the professional practice of the dentist. (Section 466.028(1)(p), F.S.)
First Offense	$500 fine.	Probation with conditions, $10,000 fine and up to suspension.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Suspension followed by probation and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(q) Prescribing any medicinal drug scheduled in chapter 893, F.S., to herself or himself. (Section 466.028(1)(q), F.S.)
First Offense	$500 fine.	Suspension followed by probation with conditions and $10,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Suspension followed by probation and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(r) Prescribing any drug which is a Schedule II amphetamine or a Schedule II sympathomimetic amine drug, pursuant to chapter 893, F.S. (Section 466.028(1)(r), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension followed by probation and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Probation with conditions and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(s) Being unable to practice her or his profession with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. (Sections 466.028(1)(s), 456.072(1)(z), F.S.)
First Offense	Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.			Denial of Application or Suspension until demonstration of ability to practice with reasonable skill and safety.	Two (2) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.
Second Offense	Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $5,000 fine.	Suspension followed by probation and $10,000 fine		Two (2) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.	Revocation.
Third Offense	Denial, or suspension until licensee petitions the Board and demonstrates ability to practice with reasonable skill and safety, followed by probation with conditions and up to $10,000 fine.	Revocation and $10,000 fine.		Five (5) year suspension, demonstration of ability to practice with reasonable skill and safety as condition of reinstatement.	Revocation.
(t) Fraud, deceit, or misconduct in the practice of dentistry or dental hygiene. (Section 466.028(1)(t), F.S.)
First Offense	$2,500 fine.	Probation with conditions and $8,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $8,000 fine.	Suspension followed by probation and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $10,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(u) Failure to provide and maintain reasonable sanitary facilities and conditions. (Section 466.028(1)(u), F.S.)
First Offense	$500 fine.	Probation with conditions and $8,000 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $3,000 fine.	Suspension, probation with conditions and $10,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	Probation with conditions and $8,000 fine.	Revocation and $10,000 fine.		Not Applicable to Telehealth Registrants.
(v) Failure to provide adequate radiation safeguards. (Section 466.028(1)(v), F.S.)
First Offense	$500 fine.	Probation with conditions and $8,000 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $3,000 fine.	Suspension followed by probation and $10,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	Probation with conditions and $8,000 fine.	Revocation and $10,000 fine.		Not Applicable to Telehealth Registrants.
(w) Performing any procedure which would constitute experimentation on human subjects, without first obtaining full, informed, and written consent. (Section 466.028(1)(w), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $3,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $3,500 fine.	Suspension followed by probation and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Suspension followed by probation and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(x) Being guilty of incompetence or negligence, including, but not limited to, being guilty of dental malpractice. (Section 466.028(1)(x), F.S.)
First Offense	$500 fine.	Probation with conditions and $10,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $1,000 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(y) Practicing beyond the scope that she or he is competent to perform. (Sections 466.028(1)(y), 456.072(1)(o), F.S.)
First Offense	$500 fine.	Probation with conditions and $10,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $1,000 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(z) Delegating or contracting for professional responsibilities to a person who is not qualified to perform them. (Sections 466.028(1)(z), 456.072(1)(p), F.S.)
First Offense	$2,500 fine.	Probation with conditions, $10,000 fine and suspension.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $5,000 fine.	Suspension followed by probation and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Probation with conditions and $7,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
Any violation of section 466.028(1)(z), F.S., will result in a minimum licensure suspension of six months, in addition to any other penalty authorized for this violation, except where revocation is imposed.
(aa) The violation of a lawful order of the board, or failure to comply with subpoena of the board or department. (Sections 466.028(1)(aa), 456.072(1)(q), F.S.)
First Offense	$5,000 fine.	Suspension until compliant with order or subpoena, probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$10,000 fine.	Suspension until compliant with order or subpoena followed by probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Revocation and $10,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(bb) Conspiring with another licensee or with any person to commit an act, which would tend to coerce, intimidate, or preclude another licensee from advertising services. (Section 466.028(1)(bb), F.S.)
First Offense	$1,000 fine.	$10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(cc) Being adjudged mentally incompetent in this or any other state, the discipline for which shall last only so long as the adjudication. (Section 466.028(1)(cc), F.S.)
First and any subsequent offense.	Suspension until adjudged competent by same court	Suspension until adjudged competent by same court.		Denial of Application or suspension until adjudged competent by same court.	Same.
(dd) Presigning blank prescription or laboratory work order forms. (Section 466.028(1)(dd), F.S.)
First Offense	$500 fine.	Probation with conditions and $500 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$1,000 fine.	Probation with conditions and $7,500 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(ee) Prescribing growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. (Section 466.028(1)(ee), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$5,000 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(ff) Operating a dental office such as to result in dental treatment that is below minimum acceptable standards of performance for the community. (Section 466.028(1)(ff), F.S.)
First Offense	$500 fine.	Probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $4,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(gg) Administering anesthesia in a manner which violates rules of the board. (Section 466.028(1)(gg), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	Probation with conditions and $4,000 fine.	Revocation and $10,000 fine.		Not Applicable to Telehealth Registrants.
(hh) Failing to report any licensee under chapter 458 or 459, F.S., who the dentist knows has violated the grounds for disciplinary action. (Section 466.028(1)(hh), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$2,500 fine.	$10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	$3,500 fine.	$10,000 fine.		One (1) year Suspension.	Revocation.
(ii) Failing to report to the board, within 30 days action has been taken against one’s license to practice dentistry in another state, territory, or country. (Section 466.028(1)(ii), F.S.)
First Offense	$1,000 fine.	Denial, revocation and $8,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation and $1,500 fine.	Denial, revocation and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Suspension followed by probation and $3,000 fine.	Denial, revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(jj) Advertising specialty services in violation of this chapter. (Section 466.028(1)(jj), F.S.)
First Offense	$1,000 fine.	$7,500 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$2,500 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Suspension followed by probation and $10,000 fine.		One (1) year Suspension.	Revocation.
(kk) Allowing any person to interfere with a dentist’s clinical judgment. (Section 466.028(1)(kk), F.S.)
First Offense	$1,000 fine.	$5,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(ll) Violating any provision of Chapters 456 and 466, F.S., or any rules adopted pursuant thereto. (Sections 466.028(1)(mm), 456.072(1)(b), 456.072(1)(dd), F.S.)
First Offense	$750 fine.	Probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $1,000 fine	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $2,500 fine.	Suspension followed by probation and $10,000 fine.		One (1) year Suspension.	Revocation.
(mm) Failing to comply with the educational course requirements for HIV. (Section 456.072(1)(e), F.S.)
First Offense	$500 fine.	Probation with conditions and $1,500 fine.		Not Applicable to Telehealth Registrants.
Second Offense	$1,000 fine.	Probation with conditions and $5,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	$1,500 fine.	Probation with conditions and $7,500 fine.		Not Applicable to Telehealth Registrants.
(nn) 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	$1,000 fine.	Probation with conditions and $8,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$3,500 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(oo) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(m), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $8,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$3,500 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Suspension and $10,000 fine.		One (1) year Suspension.	Revocation.
(pp) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. (Section 456.072(1)(n), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Probation with conditions and $3,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(qq) Wrong patient, wrong-site procedure, a wrong procedure, medically unnecessary. (Section 456.072(1)(bb), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine		Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,000 fine.	Suspension followed by probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Suspension followed by probation with conditions and $3,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(rr) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	Probation with conditions and $2,500 fine.	Suspension followed by probation and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	Probation with conditions and $5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(ss) Failing to comply with the educational course requirements for domestic violence. (Section 456.072(1)(s), F.S.)
First Offense	$500 fine.	Probation with conditions and $2,500 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $1,000 fine.	Probation with conditions and $4,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	$2,500 fine.	Probation with conditions and $8,000 fine.		Not Applicable to Telehealth Registrants.
(tt) Failing to comply with sections 381.026 and 381.0261, F.S., patient rights and how to file a patient complaint. (Section 456.072(1)(u), F.S.)
First Offense	$500 fine.	Probation with conditions and $2,500 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $1,000 fine.	Probation with conditions and $4,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	$2,500 fine.	Probation with conditions and $8,000 fine.		Not Applicable to Telehealth Registrants.
(uu) Engaging or attempting to engage in sexual misconduct as defined and prohibited in section 456.063(1), F.S. (Section 456.072(1)(v), F.S.)
First Offense	$2,500 fine.	Revocation or probation with conditions and $10,000 fine.		One (1) year suspension.	Revocation or Denial of Application.
Second Offense	Probation with conditions and $5,000 fine.	Suspension followed by probation with conditions or revocation, and $10,000 fine.		Revocation	Same
Third Offense	Suspension followed by probation with conditions and $8,000 fine.	Revocation and $10,000 fine.		Revocation	Same
(vv) 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 regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)
First Offense	$500 fine.	Probation with conditions and $10,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $1,000 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	Suspension followed by probation with conditions and $2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(ww) Using information about people involved in motor vehicle accidents which has been derived from accident reports. (Section 456.072(1)(y), F.S.)
First Offense	$500 fine.	Probation with conditions and $5,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	$1,000 fine.	Probation with conditions and $8,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$2,500 fine.	Suspension followed by probation and $10,000 fine.		One (1) year Suspension.	Revocation.
(xx) Leaving a foreign body in a patient. (Section 456.072(1)(cc), F.S.)
First Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Probation with conditions and $2,500 fine.	Suspension followed by probation with conditions and $10,000 fine.		Not Applicable to Telehealth Registrants.
Third Offense	Probation with conditions and $5,000 fine.	Suspension and/or revocation and $10,000 fine.		Not Applicable to Telehealth Registrants.
(yy) Testing positive for any drug, on any preemployment or employer-ordered drug screening. (Section 456.072(1)(aa), F.S.)
First Offense	$500 fine.	Probation with conditions and $8,000 fine.		Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$1,000 fine.	Suspension followed by probation with conditions and $10,000 fine.		Six (6) month Suspension.	One (1) year Suspension.
Third Offense	$2,500 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(zz) Intentionally submitting a personal injury protection claim required by section 627.736, F.S., statement that has been “upcoded” as defined in section 627.732, F.S. (Section 456.072(1)(ee), F.S.)
First Offense	$500 fine.	Probation with conditions and $8,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$2,500 fine.	Suspension followed by probation with conditions and $10,000 fine.		One (1) year Suspension.	Revocation.
(aaa) Intentionally submitting a personal injury protection claim required by section 627.736, F.S., for services that were not rendered. (Section 456.072(1)(ff), F.S.)
First Offense	$500 fine.	Probation with conditions and $8,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	$1,000 fine.	Probation with conditions and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$2,500 fine.	Suspension followed by probation with conditions and $10,000 fine.		One (1) year Suspension.	Revocation.
(bbb) Engaging in a pattern of practice of prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients or a violation of sections 893.055 and 893.0551, F.S., or law and rules relating to prescribing practitioners. (Section 456.072(1)(gg), F.S.)
First Offense	$1,500 fine.	Probation with conditions and $8,000 fine.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Probation with conditions and $3,000 fine.	Suspension and $10,000 fine.		Six (6) month Suspension.	Revocation.
Third Offense	$5,000 fine.	Revocation and $10,000 fine.		One (1) year Suspension.	Revocation.
(ccc) Failing to comply with, failing to successfully complete, or being terminated from an impaired practitioner treatment program. (Section 456.072(1)(hh), F.S.)
First Offense	Suspension, until compliant, followed by 2 years probation with conditions and $2,000 fine.	Suspension until compliant, followed by 5 years probation with conditions and $5,000 fine.		Denial of Application or Suspension until Complaint, followed by Corrective Action Plan.	Same
Second or Subsequent Offense	Three years suspension followed by 5 years probation with conditions and $10,000 fine.	Revocation and $10,000 fine.		Same	Revocation.
(ddd) Being convicted of, or entering a plea of nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)
First Offense	Misdemeanor – Reprimand, $10,000 fine, suspension. Felony – Revocation.	Misdemeanor – $10,000 fine, revocation. Felony – Revocation.		Revocation.	Revocation.
Second Offense	Misdemeanor or Felony – Revocation and $10,000 fine.	Misdemeanor or Felony – Revocation and $10,000 fine.		Same	Same
(eee) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgement, or stipulation or settlement. (Section 456.072(1)(jj), F.S.)
First Offense	$1,000 fine, letter of concern	$10,000 fine suspension.		Reprimand and One (1) year Suspension.	Revocation or Denail of Application.
Second Offense	$7,500 fine, reprimand.	$10,000 fine, revocation.		Revocation.	Revocation.
(fff) Being terminated from the state Medicaid program pursuant to section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored. (Section 456.072(1)(kk), F.S.
First Offense	$1,000 fine, letter of concern	$10,000 fine, suspension.		Reprimand and One (1) year Suspension.	Revocation or Denail of Application.
Second Offense	$7,500 fine, reprimand.	$10,000 fine, revocation.		Revocation.	Revocation.
(ggg) Being convicted of, or entering a plea of guilty or nolo contendere, to any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (Section 456.072(1)(ll), F.S.)
First Offense	Misdemeanor – $10,000 fine, reprimand. Felony – Revocation $10,000 fine.	Misdemeanor – $10,000 fine, suspension. Felony – Revocation $10,000 fine.		Reprimand and One (1) year Suspension.	Revocation or Denail of Application.
Second Offense	Misdemeanor or Felony – $10,000 fine, revocation.	Misdemeanor or Felony – $10,000 fine, revocation.		Revocation	Revocation
(hhh) 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 of $10,000.00.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Suspension of license for a period of one (1) year followed by probation and an adminstrative fine in the amount of $10,000.00.	Revocation and an administrative fine in the amount of $10,000.00.		Six (6) month Suspension.	Revocation.
(iii) Providing false or deceptive expert witness testimony related to the practice of dentistry. (Section 466.028(1)(ll), F.S.)
First Offense	Reprimand and an administrative fine of $5,000.00.	Revocation and an administrative fine of $10,000.00.		Reprimand.	One (1) year Suspension or Denial of Application.
Second Offense	Revocation and an administrative fine of $10,000.00.	Revocation and an administrative fine of $10,000.00.		Six (6) month Suspension.	Revocation.
(jjj) Willfully failing to comply with section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 456.072(1)(oo), F.S.				One (1) year Suspension.	Revocation.
First Offense	Reprimand and a $5,000 fine.	Probation with conditions and $7,500 fine.		Not Applicable to Telehealth Registrants.
Second Offense	Reprimand; suspension for 6 months followed by Probation with Conditions; and $8,000 fine.			Not Applicable to Telehealth Registrants.
(kkk) Failure to comply with the parental consent requirements of s. 1014.06. (Section 456.072(1)(rr), F.S.)
First Offense	Letter of Concern.	Reprimand and $500 fine.		Reprimand.	One (1) month suspension.
Second Offense	Reprimand and $250 fine.	Probation with conditions.		One (1) month suspension.	Six (6) month suspension.
Third or Subsequent Offense	Probation with conditions and $2,500 fine.	One (1) year suspension and $5,000 fine.		One (1) year suspension.	Denial or revocation of License.
First Offense	Letter of Concern.	Reprimand and $500 fine.		Reprimand.	One (1) month suspension.
(lll) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5), F.S. or similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)
First Offense	Denial or revocation of license.	Denial or revocation of license and $5,000 fine.		Denial or revocation of license.	Same.
Second or Subsequent Offense	Denial or revocation of license and $2,500 fine.	Denial/revocation of license and $10,000 fine.		Denial or revocation of license.	Same.

(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,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 13, 2021