(1) Purpose. Pursuant to Florida Statutes § 456.079, the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Florida Statutes Chapter 468, Part I The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.
    (2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., 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 verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
VIOLATIONS
RECOMMENDED PENALTIES

First Offense
Second Offense
Third Offense
(a) Procuring or attempting to procure, or renew a license by misrepresentation, bribery, fraud or through an error of the Department or the Board.
(Section 468.1295(1)(a), F.S.);
(Section 456.072(1)(h), F.S.)
(a) From suspension to revocation or denial of licensure and an administrative fine of $10,000.00.

If unintentional then suspension or revocation, or granting licensure with probation to suspension or denial of licensure, and administrative fine of up to $10,000.00.
(a) From suspension to revocation or denial of licensure and an administrative fine of $10,000.00.

If unintentional then suspension, or revocation or granting licensure with probation to suspension or denial of licensure, or revocation and administrative fine of up to $10,000.00.
(a) Revocation, or denial of licensure, and an administrative fine of $10,000.00.

If unintentional then suspension or revocation and administrative fine of up to $10,000.00.
(b) Action taken against license by another jurisdiction.
(Section 468.1295(1)(b), F.S.);
(Section 456.072(1)(f), F.S.)
(b) Imposition of discipline which would have been if the substantive violation occurred in Florida and an administrativefine ranging from $5,000.00 to $10,000.00 or for the applicant, from granting licensure with probation or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.
(b) Imposition of discipline which would have been if the substantive violation occurred in Florida and a $10,000.00 administrative fine or for the applicant, from granting licensure with probation or denial of licensure, and a $10,000.00 administrative fine.
(b) Revocation and a $10,000.00 administrative fine.
(c) Guilty of a crime relating
to the practice or the ability to practice speech pathology or audiology.
(Section 468.1295(1)(c), F.S.);
(Section 456.072(1)(c), F.S.)
(c) From 6 months probation with conditions to revocation and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of licensure.
(c) From 1 year suspension of the license to revocation and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of licensure.
(c) Revocation.
(d) Filing a false report or failing to file a report as required. Such reports or records shall include only those which the person is required to make or file as a speech pathologist or audiologist.
(Section 468.1295(1)(d), F.S.)
(Section 456.072(1)(l), F.S.
(d) From a reprimand to a suspension of the license, and an administrative fine of $10,000.00.

If unintentional then any of the above and administrative fine of up to $10,000.00.
(d) From reprimand and suspension to revocation of the license, and an administrative fine of $10,000.00.

If unintentional then any of the above and administrative fine of up to $10,000.00.
(d) Revocation and an administrative fine of $10,000.00.

If unintentional, from reprimand and suspension to revocation, and an administrative fine up to $10,000.00.
(e) False, deceptive,
or misleading advertising.
(Section 468.1295(1)(e),
F.S.).
(Section 456.072(1)(m),
F.S.)
(e) From a letter of concern to 6 months suspension of the license, and an administrative fine of $10,000.00.

If unintentional then any of the above and administrative fine of up to $10,000.00.
(e) From 6 to 9 months suspension of the license, and an administrative fine of $10,000.00.

If unintentional then any of the above and administrative fine of up to $10,000.00.
(e) From 9 months suspension to revocation of the license, and an administrative fine of $10,000.00.
(f) Fraud or deceit, or negligence, incompetence, or misconduct in the authorized practice of speech pathology or audiology.
(Section 468.1295(1)(f), F.S.)
(f) From reprimand to probation of the license, and an administrative fine of $10,000.00.

If conduct not fraudulent or deceitful then any of the above and administrative fine of up to $10,000.00.
(f) From probation to suspension of the license, and an administrative fine of $10,000.00.

If conduct not fraudulent or deceitful then any of the above and administrative fine of up to $10,000.00.
(f) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(g)1. Violation of Chapter 468, Part I or Florida Statutes Chapter 456, or any rules promulgated pursuant thereto, or a subpoena of the Department.
(Section 468.1295(1)(bb), F.S.);
(Section 456.072(1)(b), F.S.)
(g)1. From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for
licensure.
(g)1. From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(g)1. From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
2. Violation of a lawful order of the Board or Department.
(Section 468.1295(1)(g), F.S.);
(Section 456.072(1)(q), F.S.)
2. From a letter of concern to reprimand of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.
2. From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
2. From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(h) Practicing with a revoked, suspended, inactive or delinquent license.
(Section 468.1295(1)(h), F.S.)
(h) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $1,000.00, or refusal to certify an application for licensure.
(h) From probation to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.
(h) From suspension to revocation, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.
(i) Using, promoting any testimonial, promotional literature, any advertising matter, warranty, label, brand however disseminated or published which is misleading, deceiving or untruthful.
(Section 468.1295(1)(i), F.S.)
(i) From reprimand to suspension of the license, and an administrative fine of $10,000.00.

If not intentionally misleading then any of the above and administrative fine of up to $10,000.00.
(i) From probation to suspension, and an administrative fine of $10,000.00.

If not intentionally misleading then any of the above and administrative fine of up to $10,000.00.
(i) From suspension to revocation, and an administrative fine of $10,000.00.
(j) Showing or demonstrating or, in the event of sale, delivery or a product unusable or impractical for the purpose represented or implied by such action.
(Section 468.1295(1)(j), F.S.)
(j) From reprimand to probation of the license, and an administrative fine of $10,000.00.

If conduct is inadvertent or negligent then any of the above and administrative fine of up to $10,000.00.
(j) From probation to suspension of the license, and an administrative fine of $10,000.00.

If conduct is inadvertent or negligent then any of the above and administrative fine of up to $10,000.00.
(j) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(k) Failing to submit to the Board certification of testing and calibration of such equipment as designated by the Board.
(Section 468.1295(1)(k), F.S.)
(k) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.
(k) From probation to suspension, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(k) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(l) Aiding, assisting, procuring, or advising any licensed person to practice speech-language pathology or audiology contrary to this part or to a rule of the Department or the Board adopted thereto.
(Section 468.1295(1)(l), F.S.)
(l) From a reprimand to probation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(l) From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(l) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(m) Misrepresentation of professional services available in the fitting, sale, adjustment, service or repair of a prescription hearing aid, or use of any other term or title connoting availability of professional services when such use is not accurate.
(Section 468.1295(1)(m), F.S.)
(m) From a letter of concern to probation of the license, and an administrative fine of $10,000.00.

If misrepresentation or use of term is negligent or inadvertent then any of the above and an administrative fine of up to $10,000.00.
(m) From probation to suspension of the license, and an administrative fine of $10,000.00.

If misrepresentation or use of term is negligent or inadvertent then any of the above and an administrative fine of up to $10,000.00.
(m) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(n) Representation, advertisement, or implication that a prescription hearing aid or its repair is guaranteed without full disclosure of the identity of the guarantor; the nature, extent, and duration of the guarantee; and the existence of the conditions or limitations imposed upon the guarantee.
(Section 468.1295(1)(n), F.S.);
(n) From reprimand to probation of the license, and an administrative fine of $10,000.00. If omission of the full disclosure is unintentional, then reprimand to probation of the license, and an administrative fine of up to $10,000.00.
(n) From probation to revocation of the license, and an administrative fine of $10,000.00. If omission of the full disclosure is unintentional then probation to revocation of the license and an administrative fine of up to $10,000.00.
(n) From suspension to revocation, and an administrative fine of $10,000.00.
(o) Representing, directly or by implication, that a prescription hearing aid utilizing bone conduction has certain specified features, such as absence of anything in the ear or leading to the ear, or the like, without disclosing clearly or conspicuously that the instrument operates on the bone conduction principle and that in many cases of hearing loss this type of instrument may not be suitable.
(Section 468.1295(1)(o), F.S.)
(o) From letter of concern to suspension of the license, and an administrative fine of $10,000.00. If the violation is unintentional then a letter of concern to suspension of the license and an administrative fine of up to $10, 000.00.
(o) From suspension to revocation of the license, and an administrative fine of $10,000.00. If the violation is unintentional then suspension to revocation of the license and an administrative fine of up to $10,000.00.
(o) From suspension to revocation of the license, without the ability to reapply, and an administrative fine of $10,000.00.
(p) Stating or implying that the use of any prescription hearing aid will improve or preserve hearing or prevent or retard the progression of a hearing impairment or that it will have any similar or opposite effect.
(Section 468.1295(1)(p), F.S.)
(p) From reprimand to probation of the license, and an administrative fine of $10,000.00. If the violation is unintentional, then reprimand to probation of the license and an administrative fine of up to $10,000.00.
(p) From probation to suspension of the license, and an administrative fine of $10,000.00. If the violation is unintentional then probation to revocation of the license and an administrative fine of up to $10,000.00.
(p) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(q) Making any statement regarding the cure of the cause of a prescription hearing impairment by the use of a hearing aid.
(Section 468.1295(1)(q), F.S.)
(q) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.
(q) From probation to revocation of the license, and an administrative fine ranging from $750.00 to $900.00, or refusal to certify an application for licensure.
(q) From suspension to revocation of the license, and an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify an application for licensure.
(r) Representing or implying that hearing aid is or will be “”custom-made,”” “”made to order,”” or “”prescription made”” or in any other sense specially fabricated for an individual person, when such is not the case.
(Section 468.1295(1)(r), F.S.)
(r) From reprimand to probation of the license, and an administrative fine of $10,000.00.
(r) From probation to suspension of the license, and an administrative fine of $10,000.00.
(r) From suspension to revocation of the license, and an administrative fine of $10,000.00.
(s) Canvassing from house to house or by telephone either in person or by an agent for the purpose of selling a prescription hearing aid, except that contacting persons who have evidenced an interest in prescription hearing aids, or have been referred as in need of prescription hearing aids, shall not be considered canvassing.
(Section 468.1295(1)(s), F.S.)
(s) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.
(s) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.
(s) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.
(t) Failing to notify the department in writing of a change in current mailing and place-of-practice mailing address within thirty (30) days after such change.
(Section 468.1295(1)(t), F.S.)
(t) Letter of guidance to reprimand of the license and an administrative fine of $250.00 to $500.00.
(t) Reprimand to probation of the license and an administrative fine of $500.00 to $750.00.
(t) Reprimand to suspension of the license and an administrative fine of $750.00 to $1,000.00.
(u) Failure to provide all information as described in Sections 468.124 (1), 468.1225(5)(b) and 468.1246, F.S.
(Section 468.1295(1)(u), F.S.)
(u) From a letter of guidance to reprimand of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(u) From reprimand to probation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(u) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(v) Exercising influence on a client in such a manner as to exploit the client for financial gain of the licensee or of a third party.
(Section 468.1295(1)(v), F.S.)
(v) Reprimand of the license, and an administrative fine ranging from $500.00 to $3,000.00, or refusal to certify an application for licensure.
(v) Probation of the license, and an administrative fine ranging from $3,000.00 to $6,000.00, or refusal to certify an application for licensure.
(v) Six month suspension, and an administrative fine ranging from $6,000.00 to $10,000.00, or refusal to certify an application for licensure.
(w) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee or certificateholder knows, or has reason to know, the licensee or certificateholder is not competent to perform.
(Section 468.1295(1)(w), F.S.);
(Section 456.072(1)(o), F.S.)
(w) From reprimand to suspension of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(w) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(w) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(x) Aiding, assisting, procuring, or employing any unlicensed person to practice speech-language pathology or audiology.
(Section 468.1295(1)(x), F.S.); (Section 456.072(1)(j), F.S.)
(x) From a reprimand to probation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(x) From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(x) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(y) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience and authorization to perform them.
(Section 468.1295(1)(y), F.S.)
(y) From a letter of concern to reprimand of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(y) From reprimand to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(y) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(z) Committing any act upon a patient or client which would constitute sexual battery or which would constitute sexual misconduct.
(Section 468.1295(1)(z), F.S.) ;
(Section 456.072(1)(v), F.S.)
(z) Reprimand and six months suspension to probation or revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.
(z) From probation and/or suspension to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.
(z) From suspension to revocation of the license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.
(aa) Impairment under Florida Statutes § 456.076
(Section 468.1295(1)(aa), F.S.);
(Section 456.072(1)(z), F.S.)
(aa) Referral to Physicians Recovery Network (PRN) up to suspension until the licensee can demonstrate the ability to practice with reasonable skill and safety or refusal to certify an application for licensure.
(aa) Referral to PRN up to suspension until the licensee can demonstrate the ability to practice with reasonable skill and safety or refusal to certify an application for licensure.
(aa) Referral to PRN up to suspension until the licensee can demonstrate the ability to practice with reasonable skill and safety or refusal to certify an application for licensure.
(bb) Failing to comply with, failing to successfully complete, or being terminated from an impaired practitioner treatment program.
(Section 456.072(1)(hh), F.S.)
(bb) From suspension until licensee demonstrates compliance with all terms of the monitoring, or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation.
(bb) From suspension until licensee demonstrates compliance with all terms of the monitoring, or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation, and up to $2,000.00 administrative fine, to revocation.
(bb) From suspension until licensee demonstrates compliance with all terms of the monitoring, or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation, and up to $5,000.00 fine, to revocation.
(cc) Failing to identify through written notice or orally to a patient the type of license under which the practitioner is practicing or failing to identify the type of license that the practitioner pictured or named in an advertisement for health care services holds.
(Section 456.072(1)(t), F.S.)

(cc) From a letter of concern to reprimand of the license and an administrative fine ranging from $250.00 to $500.00.

(cc) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00.

(cc) From suspension to revocation, and an administrative fine ranging from $750.00 to $1,000.00.

(dd) Failing to report to the Board within thirty (30) days after the licensee has been convicted of a crime in any jurisdiction.
(Section 456.072(1)(x),F.S.)

(dd) From a reprimand and an administrative fine up to $1,000.00
(dd) From a reprimand to suspension of license, and an administrative fine up to $5,000.00.
(dd) From suspension to revocation of license, and an administrative fine up to $10,000.00.
(ee) 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.)

(ee) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

(ff) 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.)
(ff) From a reprimand to probation of the license, and an administrative fine of $500.00 to $1,000.00.
(ff) From a reprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.
(ff) From supsension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.
(gg) 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.)

(gg) From a reprimand of the license and an administrative fine up to $1,000.00 to revocation and a fine up to $10,000.

(gg) From a reprimand to suspension of license, and an administrative fineup to $5,000.00 up to revocation and a fine up to $10,000.
(gg) From supsension to revocation of license, and an administrative fine of $1,000.00 to $5,000.00 up to revocation and a fine up to $10,000.
(hh) 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.)
(hh) Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

(ii) Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal under Florida Statutes § 760.27, without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal.
(Section 456.072(1)(pp), F.S.)
(ii) From a reprimand to probation of the license, and an administrative fine of $500.00 to $1,000.00.
(ii) From a reprimand to suspension of license, and an administrative fine of $1,000.00 to $5,000.00.
(ii) From supsension to revocation of license, and an administrative fine of $5,000.00 to $10,000.00.
(jj) Failure to comply with the parental consent requirements of Florida Statutes § 1014.06
(Section 456.072(1)(rr), F.S.)
$500 fine, and up to 1 year probation with conditions.
$1,000 fine, and up to 6 months suspension.
$2,000 fine, and up to 2 years suspension.
(kk) Being convicted or found guilty of, entering a plea of guilty or nolo contender 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 Florida Statutes § 456.074(5) or a similar offense in another jurisdiction.
(Section 456.072(1)(ss), F.S.)
Permanent revocation and a fine of $2,500, or in the case of application for licensure, denial of license.
Permanent revocation and a fine of $5,000, or in the case of application for licensure, denial of license.
Permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

Rulemaking Authority 456.079, 468.1135(4) FS. Law Implemented 456.063, 456.072, 456.076, 456.079, 468.1295, 468.1296 FS. History-New 2-7-91, Amended 11-9-92, Formerly 21LL-7.001, 61F14-7.001, 59BB-7.001, Amended 10-25-00, 4-14-02, 8-22-05, 12-28-05, 8-28-07, 8-28-12, 12-2-13, 3-15-21, 10-19-21, 10-18-23.