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Florida Administrative Code (Last Updated: June 27, 2024) |
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64. Department of Health |
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64B12. Board of Opticianry |
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64B12-8. Organization, Operating Procedures, And Disciplinary Guidelines |
1(1) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon out-of-state telehealth providers registered pursuant to Section 24456.47(4), F.S., 26for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.
63VIOLATION
64PENALTY RANGE
66FIRST VIOLATION
68SECOND AND SUBSEQUENT VIOLATIONS
72a. Fails to notify the board of any adverse actions taken against his or her license.
88(Section 89456.47(4)(i), F.S.91)
92Letter of Concern to suspension and a corrective action plan
102Suspension and a corrective action plan to revocation
110b. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
129(Section 130456.47(4)(i), F.S.132)
133Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction
150Letter of concern to revocation as closely as possible to same penalty as imposed in other jurisdiction to revocation
169c. Violates any of the requirements of Section 177456.47, F.S.
179(Section 180456.47(4)(i), F.S.182)
183Letter of Concern to suspension and a corrective action plan
193Suspension and a corrective action plan to revocation
201d. Commits any act that constitutes grounds for disciplinary action under Section 213456.072(1) 214or 215484.014, F.S.
217As stated in Rule 22164B12-8.020, 222F.A.C.
223As stated in Rule 22764B12-8.020, 228F.A.C.
229(2) The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity: letter of concern, reprimand, suspension, and revocation.
254(3) A suspension may be for a definiate term or may be accompanied by a corrective action plan established by the Board, as stated in Rule 28064B12-8.020, 281F.A.C.
282(4) A suspension for a definate term may be terminated early only upon approval of the Board. A suspension accompnaied by a corrective action plan may be lifted upon successful successful complaince with the corrective action or otherwise determined by the Board.
324(5) A “corrective action plan” must accompany a suspension and includes rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all provisions to the Board. A corrective action plan may follow a suspension for a definite term and require continued suspension until successful compliance with the corrective action plan. Nothing in this paragraph shall be interpreted as restricting the Board’s ability to impose a suspension for a definite term absent or accompanied by a corrective action plan.
430Rulemaking Authority 432456.47(4), 433456.47(7) FS. 435Law Implemented 437456.47(4) FS. 439History–New 2-8-21.
