64B8-44.003. Disciplinary Guidelines  


Effective on Monday, January 3, 2022
  • 1(1) When the Board finds any person has committed any of the acts set forth in Section 18456.072(1) 19or Chapter 468, Part X, F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines. The language identifying offenses below is descriptive only. The full language of each statutory provision cited must be consulted to determine the conduct included.

    65RECOMMENDED RANGE OF PENALTY

    69VIOLATION

    70FLORIDA LICENSES

    72TELEHEALTH REGISTRANTS

    74FIRST OFFENSE

    76ADDITIONAL OFFENSE

    78FIRST OFFENSE

    80ADDITIONAL OFFENSE

    82(a) Violating any provision of Chapter 468, Part X, F.S., any board or department rule adopted pursuant thereto, or any lawful order of the board or department previously entered in a disciplinary hearing held pursuant to Chapter 468, Part X, F.S., or failing to comply with a lawfully issued subpoena of the department.

    135(Sections 136468.518(1)(a), 137(n), 138456.072(1)(b), 139(dd), (k), (q), F.S.)

    143$150 fine and /or continuing education to probation and /or $1,000 fine.

     

     

     

     

    156Probation and /or $200 fine to Revocation and $1,000 fine.

     

     

     

     

     

    167Suspension

    168and corrective action plan to Revocation.

     

     

     

     

     

    174Revocation.

     

     

     

     

     

     

     

     

    175(b) Being unable to engage in dietetics and nutrition practice or nutrition counseling 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 223468.518(1)(b), 224456.072(1)(z), F.S.226)

    227Suspension until such time as the licensee can provide proof of reasonable skill and safety.

     

    242Suspension until such time as the licensee can provide proof of reasonable skill and safety.

     

    257Suspension and corrective action plan to revocation.

     

     

     

    264Revocation.

     

     

     

     

     

     

    265(c) Attempting to procure or procuring a license to practice dietetics and nutrition or nutrition counseling by fraud, material misrepresentation of material fact, or by error of the department or the board.

    297(Sections 298468.518(1)(c), 299456.072(1)(h), F.S.301)

     

     

     

     

    3021. By error to the department or the board.

    311Revocation.

    312Revocation.

    313Revocation.

    314Revocation.

    3152. By fraud, or material misrepresentation of material fact.

    324$10,000 fine, and revocation.

    329$10,000 fine, and revocation.

    334Revocation.

     

    335Revocation.

     

    336(d) Having a license to practice dietetics and nutrition or nutrition counseling revoked, suspended, or otherwise acted against, including the denial of licensure by the licensing authority of another state, district, territory, or country. (Sections 371468.518(1)(d), 372456.072(1)(f), F.S.374)

     

     

     

     

     

     

    375Reprimand, laws and rules continuing education to $1,000 fine, and suspension of license until unencumbered in other jurisdiction, laws and rules continuing education.

    399$1,000 fine, suspension and/or probation to revocation.

     

     

     

     

     

     

     

     

    407Reprimand to suspension and corrective action plan.

     

     

     

     

     

     

     

     

    414Suspension and corrective action plan to revocation.

     

     

     

     

     

     

     

     

    421(e) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of dietetics and nutrition or nutrition counseling or the ability to practice dietetics and nutrition or nutrition counseling.

    468(Sections 469468.518(1)(e), 470456.072(1)(c), F.S.472)

    473$1,000 fine and probation to revocation and $1,000 fine.

     

     

     

     

    484$1,000 fine, and probation to revocation and $1,000 fine.

     

     

     

     

    495Suspension and corrective action plan to revocation.

     

     

     

     

    502Suspension and corrective action plan to revocation.

     

     

     

     

    509(f) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing.

    554(Sections 555468.518(1)(f), 556456.072(1)(g), F.S.558)

    559Letter of concern and/or $300 fine to probation and $1,500 fine.

     

     

     

    571One year probation and/or $1,500 fine to revocation and $10,000 fine.

     

     

    584Letter of concern to suspension and corrective action plan.

     

     

    593Suspension and corrective action plan to revocation.

     

     

     

    600(g) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content, or employing a trick of scheme related to the profession.

    629(Sections 630468.518(1)(g), 631456.072(1)(a),632(m), F.S.)

     

     

     

     

    6341. If misleading or deceptive.

     

     

     

    639Letter of concern and $300 fine to suspension and $1,500 fine.

    651Suspension and $2,500 fine to revocation.

    658Reprimand to suspension and corrective action plan.

    665Suspension and corrective action plan to revocation.

    6722. If fraudulent representation found.

     

     

     

    677$10,000 fine to $10,000 fine and revocation.

     

    686$10,000 fine and probation to $10,000 fine and revocation.

    697Suspension and corrective action plan to revocation.

    704Revocation.

     

     

     

    705(h) Committing an act of fraud or deceit, or of negligence, incompetency, or misconduct in the practice of dietetics and nutrition or nutrition counseling.

    729(Section 730468.518(1)(h), F.S.732)

     

     

     

     

    7331. If negligence, incompetency or misconduct.

     

     

     

    739Letter of concern and $300 fine to suspension and $1,500 fine.

    751Suspension and $2,500 fine to revocation.

     

    758Reprimand to suspension and corrective action plan.

    765Suspension and corrective action plan to revocation.

    7722. If by fraud or deceit.

     

     

     

    778$10,000 fine to $10,000 fine and revocation.

     

    787$10,000 fine and probation to $10,000 fine and revocation.

    798Suspension and corrective action plan to revocation

    805Revocation.

     

     

     

    806(i) Practicing with a revoked, suspended, inactive, or delinquent license.

    816(Section 817468.518(1)(i), F.S.819)

     

     

     

    820$250 fine and continuing education to $1,000 fine and continuing education.

    832Probation, $2,500 fine to revocation.

     

     

     

     

    838Reprimand to suspension and corrective action plan.

     

     

    845Suspension and corrective action plan to revocation.

     

     

    852(j) Treating or undertaking to treat human ailments by means other than by dietetics and nutrition practice or nutrition counseling.

    872(Section 873468.518(1)(j), 874456.072(1)(o), F.S.876)

     

    877$250 fine and probation to $1,000 fine and probation and/or suspension.

    889$400 fine and probation to $2,500 fine and probation and/or suspension.

    901Reprimand to suspension and corrective action plan.

     

    908Suspension and corrective action plan to revocation.

     

    915(k) Failing to maintain acceptable standards of practice as set forth by the board and the council in rules adopted pursuant to this part.

    939(Section 486.518(1)(k), F.S.)

    942$100 fine and probation to $1,000 fine and probation.

    952$350 fine and suspension to revocation.

     

    958Reprimand to suspension and corrective action plan.

    965Suspension and corrective action plan to revocation.

    972(l) Engaging directly or indirectly in the dividing, transferring, assigning, rebating, or refunding of fees received for professional services, or profiting by means of a credit or other valuable consideration, such as an unearned commission, discount, or gratuity, with any person referring a patient or with any relative or business associate of the referring person.

    1027(Section 1028468.518(1)(l), F.S.1030)

    1031$1,000 fine and probation to $2,500 fine and suspension1042.

     

     

     

     

     

    1043$3,500 fine and suspension to revocation.

     

     

     

     

     

     

    1050Suspension and corrective action plan.

     

     

     

     

     

     

    1055Suspension and corrective action plan to revocation.

     

     

     

     

     

    1062(m) Advertising, by or on behalf of a licensee under this part, any method of assessment or treatment which is experimental or without generally accepted scientific validation.

    1089(Section 1090468.518(1)(m), F.S.1092)

    1093$500 fine and/or suspension to $1,000 fine and revocation.

     

    1103$2,000 fine and suspension to $2,500 fine and revocation.

     

    1114Reprimand to suspension and corrective action plan.

     

    1121Suspension and corrective action plan to revocation.

     

    1128(n) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome, required by Section 1149456.003, F.S. 1151or failing to comply with the educational course requirements for human trafficking as required by Section 1167456.0341, F.S.

    1169(Section 1170456.072(1)(e), F.S.1172)

    1173Reprimand, $100 fine and proof of completion of CE to $500 fine and probation.

     

     

     

    1187$1,000 fine and probation to $2,000 fine and probation.

     

     

     

     

    1198Reprimand to suspension and corrective action plan.

     

     

     

     

    1205Suspension and corrective action plan.

     

     

     

     

     

    1210(o) Failure to keep written medical records.

    1217(Rule 121864B8-44.004, 1219F.A.C.)

     

     

    1220Reprimand and $100 fine to $500 fine and probation.

    1229$500 fine and probation to $2,000 fine and suspension.

    1239Reprimand to suspension and corrective action plan.

    1246Suspension and corrective action plan.

     

    1251(p) Except as provided in Section 1257465.016, F.S., 1259failing to report to the department any person who the licensee knows is in violation of Chapter 456, and Chapter 468, Part X, F.S., or the rules of the department or the board.

    1292(Section 1293456.072(1)(i), F.S.1295)

    1296Letter of concern to $1,000 fine and reprimand.

     

     

     

    1305Reprimand, and $1,000 fine to $1,000 fine and suspension.

     

     

    1316Letter of concern to suspension and corrective action plan.

     

    1325Suspension and corrective action plan.

     

     

     

    1330(q) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.

    1351(Section 1352456.072(1)(n), F.S.1354)

    1355Probation and continuing education to revocation.

    1361Revocation.

     

     

     

    1362Suspension and corrective action plan.

     

    1367Revocation.

     

     

     

    1368(r) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of the responsibilities knows, or has reason to know, the person is not qualified by training, experience, and authorization when required to perform them.

    1413(Section 1414456.072(1)(p), F.S.1416)

    1417Letter of Concern to $500 fine, probation and continuing education.

     

     

     

    1427Suspension and $1,500 fine to revocation and $1,500 fine.

     

     

     

     

    1438Reprimand to suspension and corrective action plan.

     

     

     

     

    1445Suspension and corrective action plan.

     

     

     

     

     

    1450(s) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

    1466(Section 1467456.072(1)(r), F.S.1469)

     

     

    1470Reprimand and $250 fine to $500 fine and continuing education.

     

    1480$500 fine, probation and continuing education to $2,000 fine and suspension.

    1492Letter of concern to suspension and corrective action plan.

     

    1501Suspension and corrective action plan.

     

     

     

    1506(t) Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing. Any advertisement for health care services naming the practitioner must identify the type of license the practitioner holds.

    1555(Section 1556456.072(1)(t), F.S.1558)

    1559Letter of Concern to $100 fine.

     

     

     

     

     

     

    1565$100 fine to $500 fine.

     

     

     

     

     

     

    1570Letter of Concern to reprimand.

     

     

     

     

     

    1575Reprimand.

     

     

     

     

     

     

     

    1576(u) Failing to comply with the requirements of Sections 1585381.026 1586and 1587381.0261, F.S., 1589to provide patients with information about their patient rights and how to file a patient complaint.

    1605(Section 1606456.072(1)(u), F.S.1608)

     

    1609Reprimand to $500 fine and reprimand and continuing education. 

     

    1618$500 fine and reprimand and continuing education to $1,000 fine and probation.

    1631Reprimand to suspension and corrective action plan.

     

     

    1638Suspension and corrective action plan.

     

     

     

    1643(v) Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 1658456.063, F.S.

    1660(Section 1661456.072(1)(v), F.S.1663)

    1664$500 fine and probation to revocation.

     

    1670Revocation.

     

     

     

    1671Suspension and corrective action plan to revocation.

    1678Revocation.

     

     

     

    1679(w) Failing to report to the board, or the department if there is no 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.

    1725(Section 1726456.072(1)(x), F.S.1728)

     

    1729Reprimand and $100 fine and continuing education to reprimand to $500 fine and continuing education.

    1744Reprimand and $500 fine $1,000 fine and suspension.

     

     

     

     

    1753Reprimand top suspension and corrective action plan.

     

     

     

     

    1760Suspension and corrective action plan.

     

     

     

     

     

    1765(x) 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 under Section 1794316.066, F.S., 1796or 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 the accidents.

    1839(Section 1840456.072(1)(v), F.S.1842)

    1843Letter of Concern to $500 fine and reprimand.

     

     

     

     

     

     

     

     

     

    1851$500 fine and reprimand to suspension.

     

     

     

     

     

     

     

     

     

    1857Reprimand to suspension and corrective action plan.

     

     

     

     

     

     

     

     

    1864Suspension and corrective action plan.

     

     

     

     

     

     

     

     

     

    1869(y) Testing positive for any drug, as defined in Section 1879112.0455, F.S., 1881on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.

    1906(Section 1907456.072(1)(aa), F.S.1909)

     

     

     

     

     

     

    1910Suspension until evaluation by a licensed health care practitioner qualified by skill and training to address respondent’s condition, compliance with all recommendation.

     

    1932Suspension until evaluation by a licensed health care practitioner qualified by skill and training to address respondent’s condition, compliance with all recommendations to revocation.

    1956Suspension and corrective action plan.

     

     

     

     

     

     

     

     

     

     

    1961Suspension and corrective action plan to revocation.

     

     

     

     

     

     

     

     

     

    1968(z) With respect to making a personal injury protection claim as required by Section 1982627.736, F.S., 1984intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in Section 1999627.732, F.S.

    2001(Section 2002456.072(1)(ee), F.S.2004)

    2005$1,000 fine and probation to $2,500 fine and probation.

     

     

    2016$5,000 fine and probation to revocation.

     

     

     

    2023Suspension and corrective action plan.

     

     

     

    2028Suspension and corrective action plan revocation.

     

     

    2034(aa) With respect to making a personal injury protection claim as required by Section 2048627.736, F.S., 2050intentionally submitting a claim, statement, or bill for payment of services that were not rendered.

    2065(Section 2066456.072(1)(ff), F.S.2068)

    2069Reprimand and $1,000 fine to $2,500 fine and probation.

     

     

    2080$5,000 fine and suspension to revocation.

     

     

     

    2087Suspension and corrective action plan.

     

     

     

    2092Suspension and corrective action plan to revocation.

     

     

    2099(bb) Being terminated from an impaired practitioner program that is overseen by a consultant as described in Section 2117456.076, F.S., 2119for failure to comply, without good cause, with the terms of the monitoring or participant contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program.

    2152(Section 2153456.072(1)(hh), F.S.2155)

    2156Suspension until such time as licensee is

    2163re-admitted into a treatment or monitoring program to revocation.

     

    2172Suspension until such time as licensee successfully completes a treatment or monitoring program to revocation.

    2187Revocation.

     

     

     

     

     

     

     

     

    2188N/A

     

     

     

     

     

     

     

     

    2189(cc) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 221118 U.S.C. s. 669, 2215ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 223542 U.S.C. ss. 1320a-7b, 2239relating to the Medicaid program.

    2244(Section 2245456.072(1)(ii), F.S.2247)

    2248Revocation and $10,000 fine.

     

     

     

     

     

     

     

    2253Revocation.

     

     

     

     

     

     

     

    2254Revocation.

     

     

     

     

     

     

     

    2255(dd) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

    2282(Section 2283456.072(1)(jj), F.S.2285)

    2286$1,000 fine and probation to $2,500 fine and probation.

     

    2297$2,500 fine and probation to $5,000 fine and probation.

     

    2308Suspension and corrective action plan.

     

     

    2313Suspension and corrective action plan.

     

     

    2318(ee) Being terminated from the state Medicaid program pursuant to Section 2329409.913, F.S., 2331any 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.

    2357(Section 2358456.072(1)(kk), F.S.2360)

    2361$10,000 fine and revocation.

     

     

     

     

     

     

    2366Revocation.

     

     

     

     

     

     

     

    2367(ff) 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 2400456.072(1)(ll), F.S.2402)

    2403$10,000 fine and revocation.

     

     

     

     

    2408Revocation.

     

     

     

     

     

    2409(gg) Except as otherwise authorized, failure to comply with the parential consent requirements of Section 1014.06, F.S.

    2426(Section 2427456.072(1)(rr), F.S.2429)

     

    2430Reprimand and $1,000 fine to one year probation and $5,000 fine.

    2443One year probation and a $5,000 fine to revocation.

     

    2453Suspension and corrective action plan.

     

     

    2458Suspension and corrective action plan to revocation.

     

    2465(hh) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 2508456.074(5), F.S., 2510or a similar offense in another jurisdiction.

    2517Revocation.

     

     

     

     

     

     

    2518N/A

     

     

     

     

     

     

    2519Revocation.

     

     

     

     

     

     

    2520N/A

     

     

     

     

     

     

    2521(2) All guidelines allow for the imposition of continuing education without a finding of aggravating factor regardless of the penalty stated.

    2542(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended below. The Board shall consider as aggravating or mitigating factors the following:

    2580(a) Exposure of patients or public to injury or potential injury, physical or otherwise; none, slight, severe, or death,

    2599(b) Legal status at the time of the offense; no restraints, or legal constraints,

    2613(c) The number of counts or separate offenses established,

    2622(d) The number of times the same offense or offenses have previously been committed by the licensee or applicant,

    2641(e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice,

    2658(f) Pecuniary benefit or self-gain inuring to the applicant or licensee,

    2669(g) Any efforts at rehabilitation, attempts by the licensee to correct or to stop violations, or refusal by the licensee to correct or to stop violations.

    2695(4) Stipulations or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 2735120.57(4), F.S.

    2737Rulemaking Authority 2739456.072(1)(t), 2740456.079, 2741458.309, 2742468.507 FS. 2744Law Implemented 2746456.072(1)(t), 2747456.079, 2748468.517, 2749468.518(2) FS. 2751History–New 12-4-90, Formerly 21M-50.003, Amended 6-22-94, Formerly 61F6-50.003, 59R-44.003, Amended 3-16-98, 8-19-99, 9-28-00, 9-26-01, 2-13-03, 4-10-06, 1-8-07, 5-13-10, 7-13-16, 6-5-17, 8-16-21, 1-3-22.