Florida Regulations 64B19-17.002: Disciplinary Guidelines
Terms Used In Florida Regulations 64B19-17.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
VIOLATION
FLORIDA LICENSEE AND COMPACT PRACTITIONER PENALTY RANGE
OUT-OF-STATE TELEHEALTH
PROVIDER PENALTY RANGE
FIRST OFFENSE
SUBSEQUENT OFFENSE(S)
FIRST OFFENSE
SUBSEQUENT OFFENSE
(a) Attempting to obtain, obtaining, or renewing a license by bribery or through an error of the board or department.
(Sections 490.009(1)(a) and 456.072(1)(h), F.S.)
If through fraudulent misrepresentation.
MIN: Two (2) year probation and a $1,000 fine, or in the case of an applicant denial of licensure;
MAX: Revocation and a $5,000 fine, or in the case of an applicant denial of licensure.
MIN: Revocation and a $10,000 fine, or in the case of an applicant denial of licensure;
MAX: Revocation and a $10,000 fine, or in the case of and applicant denial of licensure.
MIN: Revocation and a $5,000 fine, or denial of licensure;
MAX: Revocation and $10,000 fine, or denial of licensure.
MIN: Revocation and a $10,000 fine, or denial of licensure;
MAX: Revocation and a $10,000 fine, or denial of licensure.
MIN: Two (2) year probation, or in the case of an applicant, denial of registration;
MAX: Revocation, or in the case of an applicant, denial of registration.
MIN: Revocation, or in the case of an applicant denial of registration;
MAX: Revocation, or in the case of an applicant, denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
(b) License disciplined by another jurisdiction.
(Sections 490.009(1)(b) and 456.072(1)(f), F.S.)
MIN: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $1,000 fine;
MAX: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $5,000 fine.
MIN: Same penalty as imposed in other jurisdiction or that would have been imposed had the violation occurred in Florida and a $5,000 fine.
MAX: Revocation and $10,000 fine.
MIN: Reprimand;
MAX: Discipline as similar as possible to the discipline imposed in the other jurisdiction.
MIN: Discipline as similar as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
(c) Criminal conviction relating to psychology.
(Sections 490.009(1)(c) and 456.072(1)(c), F.S.)
MIN: Reprimand and $2,500 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(d) False, deceptive or misleading advertising.
(Sections 490.009(1)(d) and 456.072(1)(m), F.S.)
If fraud or fraudulent misrepresentation.
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: $10,000 fine and one (1) year probation;
MAX: $10,000 fine and one (1) year suspension followed by two (2) years probation.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Two (2) year suspension and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Two (2) year suspension;
MAX: Revocation.
(e) Advertising, practicing, or attempting to practice under another name.
(Section 490.009(1)(e), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(f) Maintaining a wrongful professional association.
(Section 490.009(1)(f), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(g) Knowingly aiding, assisting, procuring, or advising a non-licensed person.
(Sections 490.009(1)(g) and 456.072(1)(j), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(h) Failing to perform any statutory or legal obligation.
(Sections 490.009(1)(h) and 456.072(1)(k), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(i) Willingly making or filing a false report, etc.
(Sections 409.009(1)(i) and 456.072(1)(l), F.S.)
MIN: Reprimand and $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(j) Paying or receiving a kickback, etc.
(Section 490.009(1)(j), F.S.)
MIN: A refund of the fees paid by or on behalf of the patient and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: A refund of the fees paid by or on behalf of the patient, a two (2) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan including a refund of the fees paid by or on behalf of the patient.
MIN: Two (2) year suspension and a corrective action plan including a refund of the fees paid by or on behalf of the patient;
MAX: Revocation.
(k) Sexual misconduct or battery on a patient.
(Section 490.009(1)(k), and 456.072(1)(v), F.S.)
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(l) Making misleading, deceptive or untrue representations. (Sections 409.009(1)(l) and 456.072(1)(m), F.S.)
If fraud or fraudulent misrepresentations.
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation and a $10,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(m) Soliciting through intimidation, undue influence, etc.
(Section 490.009(1)(m), F.S.)
If through fraud.
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $10,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $10,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation and a $10,000 fine;
MAX: Revocation and $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(n) Failing to provide records, etc.
(Section 490.009(1)(n), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: Reprimand, one (1) year probation, and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Reprimand and one (1) year suspension;
MAX: Revocation.
(o) Failing to respond to Department within 30 days, etc.
(Section 490.009(1)(o), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: Suspension until compliance and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan, to include at a minimum, compliance.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum compliance;
MAX: Revocation.
(p) Incompetence (mental or physical impairment), etc.
(Section 490.009(1)(p), and 456.072(1)(z), F.S.)
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety and a $1,000 fine;
MAX: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine.
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonanble skill and safety.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: Revocation.
(q) Violating provisions of Chapter 490 or 456, F.S., or any rules pursuant thereto.
(Sections 490.009(1)(w), 456.072(1)(b) and 456.072(1)(dd), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(r) Experimentation without informed consent.
(Section 490.009(1)(q), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(s) Failing to meet the minimum standards of performance.
(Section 490.009(1)(r), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(t) Delegating professional responsibilities.
(Sections 490.009(1)(s) and 456.072(1)(p), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(u) Violating any lawful order.
(Sections 490.009(1)(t) and 456.072(1)(q), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: Suspension until compliance followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MIN: One (1) year suspension;
MAX: Revocation.
(v) Failing to maintain confidence.
(Section 490.009(1)(u), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX; One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(w) Identifying or damaging research clients.
(Section 490.009(1)(v), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(x) Failure to comply with continuing education for domestic violence.
(Section 456.072(1)(s), F.S)
MIN: Reprimand and a $500 fine;
MAX: Suspension until compliance and a $1,000 fine.
MIN: Reprimand, suspension until compliance and a $1,000 fine;
MAX: Suspension until compliance followed by one (1) year suspension and a $2,500 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MIN: Reprimand, one (1) year suspension and a corrective action plan, to include at a minimum, compliance.
MAX: Revocation.
(y) Exercising influence on the patient or client for financial gain.
(Section 456.072(1)(n), F.S.)
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(z) Improperly interfering with an investigation.
(Section 456.072(1)(r), F.S.)
MIN: One (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(aa) Performing or attempting to perform wrong health care services.
(Section 456.072(1)(bb), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(bb) Termination from impaired practitioner program.
(Section 456.072(1)(hh), F.S.)
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety and a $1,000 fine;
MAX: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine.
MIN: Suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MIN: One (1) year suspension and a corrective action plan, to include at a minimum, demonstration of the ability to practice with reasonable skill and safety.
MAX: Revocation.
(cc) Failure to identify through written notice, 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 partictioner holds.
(Section 456.072(1)(t), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(dd) Failure to report another licensee in violation.
(Section 456.072(1)(i), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension
MAX: Revocation.
(ee) Practicing beyond scope permitted.
(Section 456.072(1)(o), F.S.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: Revocation and a $5,000 fine.
MIN: One (1) year suspension followed by one (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(ff) 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.)
MIN Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX; Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(gg) 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.)
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(hh) 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.)
MIN: Reprimand, one (1) year probation and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Reprimand, suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(ii) 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.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: Revocation and a $5,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(jj) 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.)
MIN: Revocation;
MAX: Revocation and a $5,000 fine.
MIN: Revocation and a $5,000 fine;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(kk) 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.)
MIN: One (1) year suspension and a $1,000 fine;
MAX: One (1) year suspension followed by one (1) year probation and a $5,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: One (1) year suspension;
MAX: One (1) year suspension and a corrective action plan.
MIN: Revocation;
MAX: Revocation.
(ll) Providing information supporting a persons need for an emotional support animal without knowledge or need.
(Section 456.072(pp), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year suspension and a $5,000 fine;
MAX; Revocation and a $10,000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(mm) Failure to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license.
(Section 456.47(4)(i)1., F.S.);
N/A
N/A
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(nn) Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
(Section 456.47(4)(i)2., F.S.)
N/A
N/A
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
MIN: Discipline as close as possible to the discipline imposed in the other jurisdiction;
MAX: Revocation.
(oo) Violates any of the requirements of Florida Statutes § 456.47
(Section 456.47(4)(i)3., F.S.)
N/A
N/A
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(pp) Failure to comply with the parental consent requirements of Florida Statutes § 1014.06
(Section 456.072(1)(rr), F.S.)
MIN: Reprimand and a $1,000 fine;
MAX: One (1) year probation and a $5,000 fine.
MIN: One (1) year probation and a $5,000 fine;
MAX: Revocation
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation
(qq) 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 456.074(5) or a similar offense in another jurisdiction.
(Section 456.072(1)(ss), F.S.)
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation and a $10,000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(3) Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating circumstances the following:
(a) The danger to the public;
(b) The length of time since the date of violation;
(c) The number of complaints filed against the licensee;
(d) The length of time the licensee has practiced without complaint or violations;
(e) The actual damage, physical or otherwise, to the patient;
(f) The deterrent effect of the penalty imposed;
(g) The effect of the penalty upon the licensee’s livelihood;
(h) Any efforts the licensee has made toward rehabilitation;
(i) The actual knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or stop violations or refusal by the licensee to correct or stop violations; and
(k) Related violations found against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served.
(4) The provisions of this rule shall not be construed to prohibit civil action or criminal prosecution as provided by law. Nor may the provisions of this rule be construed to limit the ability of the Board to enter into binding stipulations as per Florida Statutes § 120.57(4)
Rulemaking Authority 456.079, 490.004(4) FS. Law Implemented 456.072, 456.079, 490.009, 490.0075 FS. History-New 11-24-86, Amended 7-18-88, 4-26-93, Formerly 21U-18.003, Amended 6-14-94, Formerly 61F13-18.003, Amended 1-9-96, Formerly 59AA-17.002, Amended 9-18-97, 9-26-01, 3-25-02, 4-3-05, 1-2-06, 12-31-06, 2-18-10, 6-21-17, 6-20-18, 5-25-21, 11-4-21, 2-8-22, 11-15-23.