Fla. Admin. Code Ann. R. 64B17-7.001 - Disciplinary Guidelines

(1) When the Board finds that an applicant or licensee whom it regulates under Chapter 486 or Section 456.47, F.S., has violated the below-listed provisions, it shall issue a final order imposing appropriate penalties for each count or separate offense, as set forth in Section 456.072(2), F.S., within the ranges recommended in the following disciplinary guidelines. As part of a final order imposing appropriate penalties, the Board shall consider requiring an applicant or licensee to attend Board meetings, perform community service, take described continuing education courses, or take and pass the applicable jurisprudence examination. The identification of offenses is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. For Florida licensees, probation may include specific compliance conditions, and conditions of probation may be required following any period of suspension of license. For out-of-state telehealth registrants, a suspension of practice may include a corrective action plan. A corrective action plan may include continuing education, passage of the Florida laws and rules exam, monitored practice, restricted practice, periodic reports to the Board, an appearance before the Board, restitution, or other corrective action deemed necessary by the Board for the health, safety, and welfare of the public. For Florida applicants, all offenses listed herein are sufficient for refusal to certify an application for licensure. If the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of any guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10, 000 per count or offense.
(a) Section 486.125(1)(a) or 456.072(1)(z), F.S.: Unable to practice with reasonable skill and safety.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine, three (3) years of probation, and referral for a PRN evaluation

$5, 000 fine, suspension for one (1) year followed by up to five (5) years of probation

Second and Subsequent Offenses

$2, 000 fine, five (5) years of probation, and referral for a PRN evaluation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense and Subsequent Offenses

Suspension for a minimum of one year; thereafter continued suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan

Revocation
(b) Section 486.125(1)(b): Obtain license or telehealth registration by deceit, or Section 456.072(1)(h), F.S.: Obtain or renew license or telehealth registration by bribery, fraudulent misrepresentation, or an error of the department or the Board.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense (Deceit/Bribery)

$500 fine and/or up to two (2) years of probation

$5, 000 fine and/or revocation

Second and Subsequent Offenses (Deceit/Bribery)

$5, 000 fine and/or up to two (2) years of probation

$7, 500 fine and/or revocation

First Offense (Fraudulent Misrepresentation)

$10, 000 fine and six (6) months of probation

$10, 000 fine and revocation

Second and Subsequent Offenses (Fraudulent Misrepresentation)

$10, 000 fine and revocation

$10, 000 fine and revocation

First Offense (Dep't or Board Error)

Letter of concern and/or $500 fine

Revocation

Second and Subsequent Offenses (Dep't or Board Error)

$5, 000 fine

Revocation

Telehealth Registrants:

First and Subsequent Offenses (Deceit/Bribery)

Two (2) years suspension with a corrective action plan

Revocation

Second and Subsequent Offenses (Deceit/Bribery)

Three (3) years suspension with a corrective action plan

Revocation

First Offense (Fraudulent Misrepresentation)

Five (5) years suspension with a corrective action plan

Revocation

Second Offense (Fraud Misrepresentation)

Revocation

Revocation

First Offense (Dep't or Board Error)

Letter of Concern

Revocation

Second and Subsequent Offenses (Dep't or Board Error)

Reprimand

Revocation
(c) Section 486.125(1)(c) or 456.072(1)(c), F.S.: Guilty or convicted of a crime that relates to the practice or the ability to practice.

Florida Licensees:

MINIMUM

MAXIMUM

First Misdemeanor Offense

$1, 500 fine and six (6) months of probation

$5, 000 fine and a one (1) year suspension with conditions

Second and Subsequent Misdemeanor Offenses

$2, 500 fine and one (1) year of probation

$10, 000 fine and/or revocation

First Felony Offense

$5, 000 fine and two (2) years of probation

$10, 000 fine and/or revocation

Second and Subsequent Felony Offenses

Revocation

Revocation

Telehealth Registrants:

First Misdemeanor Offense

Six (6) months suspension

Two (2) years suspension with a corrective action plan

Second and Subsequent Misdemeanor Offenses

One (1) year suspension with a corrective action plan

Five (5) year suspension and a corrective action plan

First Felony Offense

Five (5) years suspension with a corrective action plan

Revocation

Second and Subsequent Felony Offenses

Revocation

Revocation
(d) Section 486.125(1)(d), F.S.: Treatment of ailments by means other than physical therapy.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and one (1) year of probation

$5, 000 fine and one (1) year suspension followed by probation

Second and Subsequent Offenses

$2, 000 fine and one (1) year of probation

$8, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second and Subsequent Offenses

Five (5) years suspension

Revocation
(e) Section 486.125(1)(e) or 456.072(1)(b), F.S.: Failure to maintain acceptable standards of practice as set forth in Board rules.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and letter of concern

$6, 000 fine and/or two (2) years of suspension followed by two (2) years of probation

Second Offense

$2, 000 fine and six (6) months of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second Offense

Five (5) years suspension with a corrective action plan

Revocation
(f) Section 486.125(1)(f) or 456.072(1)(dd) through a violation of Section 456.054, F.S.: Engage in unlawful fee splitting or solicitation.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or one (1) year of probation

$8, 000 fine and/or revocation

Second and Subsequent Offenses

$5, 000 fine and/or six (6) months suspension

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Two (2) years suspension with a corrective action plan

Five (5) years suspension with a corrective action plan or revocation

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(g) Section 486.125(1)(g) or 456.072(1)(f), F.S.: License acted against in another jurisdiction.

Florida Licensees:

MINIMUM

MAXIMUM

First and Subsequent Offenses

Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida

Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida

Telehealth Registrants:

First and Subsequent Offenses

Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida

Action consistent with the disciplinary guidelines for the offense that would have been imposed had the violation occurred in the State of Florida
(h) Section 486.125(1)(h) or 456.072(1)(q), F.S.: Violation of an order or subpoena.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and a letter of concern

$5, 000 fine and/or suspension

Second and Subsequent Offenses

$5, 000 fine and/or two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Six (6) months suspension with a corrective action plan; compliance within 30 days

Two (2) years suspension with a corrective action plan; compliance within 30 days; and/or revocation

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan; compliance within 30 days

Revocation
(i) Section 486.125(1)(i) or 456.072(1)(l), F.S.: Negligent filing of false report; Willful filing of false report, impeding, or inducing another to file false report.

Florida Licensees:

MINIMUM

MAXIMUM

First Negligent Offense

$1, 000 fine

$5, 000 fine and two (2) years of probation

Second Negligent Offense

$5, 000 fine and a reprimand

$10, 000 fine and/or two (2) years suspension followed by two years of probation

Third and Subsequent Negligent Offenses

$5, 000 fine and/or six (6) months suspension followed by two (2) years of probation

$10, 000 fine and/or revocation

First Willful Offense

$5, 000 fine and/or six (6) months suspension followed by six (6) months of probation

$10, 000 fine and/or Revocation

Second and Subsequent Willful Offenses

$10, 000 fine and/or suspension for two (2) years followed by two years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Negligent Offense

One (1) month suspension with a corrective action plan

Six (6) months suspension with a corrective action plan

Second Negligent Offense

One (1) year suspension with a corrective action plan

Six (6) months suspension with a corrective action plan

Third and Subsequent Negligent Offenses

Five (5) years suspension with a corrective action plan

Revocation

First Willful Offense

Five (5) years suspension with a corrective action plan

Revocation

Second and Subsequent Willful Offenses

Revocation

Revocation
(j) Section 486.125(1)(j) or 456.072(1)(o), F.S.: Practice or offer to practice beyond the scope permitted or competent to perform.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$2, 500 fine and/or one (1) year of probation

$5, 000 fine and/or two (2) year suspension followed by two (2) years of probation

Second and Subsequent Offenses

$5, 000 fine and/or six (6) months suspension followed by one year of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(k) Section 486.125(1)(k) or 456.072(1)(dd), F.S.: Violation of this chapter, Chapter 456, F.S., or any rules adopted pursuant thereto.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or a letter of concern

$5, 000 fine and/or two (2) year suspension followed by two (2) years of probation

Second Offense

$5, 000 fine and/or two (2) years of probation

$10, 000 fine and/or revocation

Subsequent Offenses

$7, 500 fine and/or six (6) months of suspension followed by probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Six (6) months suspension with a corrective action plan

Revocation

Second Offense

Two (2) years suspension with a corrective action plan

Revocation

Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(l) Section 486.125(1)(b), F.S.: Commit fraud in the practice of physical therapy, or Section 456.072(1)(a), F.S.: make misleading, deceptive, or fraudulent representations in or related to the practice.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense (Misleading or Deceptive Practice)

$2, 000 fine and six (6) months of probation

$5, 000 fine and/or revocation

Second and Subsequent Offenses (Misleading or Deceptive Practice)

$5, 000 fine and three (3) years probation

$7, 500 fine and revocation

First Offense (Fraudulent Practice)

$10, 000 fine and six (6) months of probation

$10, 000 fine and/or revocation

Second and Subsequent Offenses (Fraudulent Practice)

$10, 000 fine and three (3) years probation

$10, 000 fine and revocation

Telehealth Registrants:

First Offense (Misleading or Deceptive Practice)

One (1) year suspension with a corrective action plan

Revocation

Second and Subsequent Offenses (Misleading or Deceptive Practice)

Five (5) years suspension with a corrective action plan

Revocation

First Offense (Fraudulent Practice)

Ten (10) years suspension with a corrective action plan

Revocation

Second and Subsequent Offenses (Fraudulent Practice)

Revocation

Revocation
(m) Section 456.072(1)(d), F.S.: Improper use of laser device.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$2, 000 fine and/or one (1) year of probation

$5, 000 fine and/or three (3) years suspension followed by two (2) years of probation

Second and Subsequent Offenses

$5, 000 fine and six (6) months suspension followed by two (2) years of probation

$10, 000 fine and/or revocation
(n) Section 456.072(1)(e), F.S.: Failure to comply with HIV/AIDS course requirement.

Florida Licensees:

MINIMUM

MAXIMUM

First Offenses

$1, 000 fine, a letter of concern, and completion of the course

$3, 000 fine and/or one (1) year suspension followed by two (2) years of probation, and completion of the course
(o) Section 456.072(1)(g), F.S.: Civil liability found for filing a false report against another licensee.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and a reprimand

$3, 000 fine and/or three (3) years of probation

Second and Subsequent Offenses

$5, 000 fine and one (1) year of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Three (3) years suspension with a corrective action plan

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(p) Section 456.072(1)(i), F.S.: Failure to report health care violator.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$500 fine and letter of concern

$2, 500 fine and/or one (1) year of probation

Second and Subsequent Offenses

$2, 500 fine and six (6) months probation

$5, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Six (6) months suspension

One (1) year suspension with a corrective action plan

Second and Subsequent Offenses

Two (2) years suspension with a corrective action plan

Revocation
(q) Section 456.072(1)(j), F.S.: Aiding unlicensed practice.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$2, 000 fine and/or one (1) year of suspension

$5, 000 fine and/or revocation

Second and Subsequent Offenses

$7, 500 fine and/or one (1) year suspension followed by two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Two (2) years suspension with a corrective action plan

Five (5) years suspension with a corrective action plan and/or Revocation

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(r) Section 456.072(1)(k), F.S.: Failure to perform statutory or legal obligation.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and a letter of concern

$5, 000 fine and/or one (1) year suspension followed by two (2) years of probation

Second Offense

$2, 500 fine and six (6) months of probation

$10, 000 fine and/or revocation

Subsequent Offenses

$7, 500 and/or one (1) year suspension followed by two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Six (6) months suspension and fulfillment of statutory or legal obligation within 30 days; corrective action plan

Two (2) years suspension and fulfillment of legal obligation within 30 days; corrective action plan

Second Offense

Three (3) years suspension and fulfillment of statutory or legal obligation within 30 days; corrective action plan

Revocation

Subsequent Offenses

Five (5) years suspension and fulfillment of legal obligation within 30 days; corrective action plan

Revocation
(s) Section 456.072(1)(m), F.S.: Making deceptive, untrue, or fraudulent representations or employing a trick or scheme in any profession.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense (Deceptive, Untrue)

$2, 000 fine and six (6) months of probation

$5, 000 fine and one (1) year suspension followed by two (2) years of probation

Second and Subsequent Offenses (Deceptive, Untrue)

$5, 000 fine and two (2) years probation

$7, 500 fine and revocation

First Offense (Fraudulent Representation)

$10, 000 fine and six (6) months of probation

$10, 000 fine and one (1) year suspension followed by two (2) years of probation

Second and Subsequent Offenses (Fraudulent Representation)

$10, 000 fine and two (2) years of probation

$10, 000 fine and revocation

Telehealth Registrants:

First Offense (Deceptive, Untrue)

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second and Subsequent Offenses (Deceptive, Untrue)

Five (5) years suspension with a corrective action plan

Revocation

First Offense (Fraudulent Representation)

Five (5) years suspension with a corrective action plan

Revocation

Second and Subsequent Offenses (Fraudulent Representation)

Revocation

Revocation
(t) Section 456.072(1)(n), F.S.: Exploit patient for financial gain.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine, six (6) months of probation, and restitution to the patient or patient's family

$5, 000 fine and/or revocation

Second and Subsequent Offenses

$5, 000 fine, two (6) years of probation, and restitution to the patient or patient's family

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Five (5) years suspension with a corrective action plan that includes restitution to the patient or patient's family

Revocation and restitution to the patient or patient's family

Second Offense

Revocation and restitution to the patient or patient's family

Revocation and restitution to the patient or patient's family
(u) Section 456.072(1)(p), F.S.: Improper delegation of professional responsibilities.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or six (6) months of probation

$5, 000 fine and three (3) years suspension followed by three (3) years of probation

Second and Subsequent Offenses

$5, 000 fine and/or one (1) year suspension followed by two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(v) Section 456.072(1)(r), F.S.: Improper interference with investigation, inspection, or discipline.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or one (1) year of probation

$5, 000 fine and/or revocation

Second and Subsequent Offenses

$5, 000 fine and three (3) months suspension followed by two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Two (2) years suspension with a corrective action plan

Revocation

Second and Subsequent Offenses

Five (5) years suspension with a corrective action plan

Revocation
(w) Section 456.072(1)(v), F.S.: Sexual misconduct.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$5, 000 fine, six (6) months of probation, and/or a PRN referral for evaluation

$10, 000 fine and/or revocation

Second and Subsequent Offenses

$7, 500 fine, three (3) years of probation, and a PRN referral for evaluation

$10, 000 fine and/or revocation

Telehealth Registrants:

First and Subsequent Offenses

Suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan

Revocation
(x) Section 456.072(1)(x), F.S.: Failure to comply with 30-day notification to the Board of convictions and nolo pleas.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or a letter of concern

$3, 000 and/or one (1) month suspension followed by two (2) years of probation

Second and Subsequent Offenses

$3, 000 fine and two (2) years of probation

$7, 500 and/or revocation

Telehealth Registrants:

First Offense

Six (6) months suspension with a corrective action plan

Two (2) years suspension with a corrective action plan

Second Offense

Five (5) years suspension with a corrective action plan

Revocation
(y) Section 456.072(1)(aa), F.S.: Positive results on a pre-employment or employer ordered drug screening.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and two (2) years of probation and/or referral for a PRN evaluation

$3, 000 fine and one (1) year suspension followed by five (5) years probation

Second and Subsequent Offenses

$3, 000 fine and two (2) years of probation and/or referral for a PRN evaluation

$7, 500 fine and/or revocation

Telehealth Registrants:

First and Subsequent Offenses

Suspension until the provider can demonstrate to the Board the ability to practice with reasonable skill and safety; a corrective action plan

Revocation
(z) Section 456.072(1)(bb), F.S.: Wrong patient, site, or unnecessary treatment.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or a reprimand

$3, 000 fine and/or three (3) months suspension followed by three (3) years of probation

Second and Subsequent Offenses

$3, 000 fine and/or one (1) year of probation

$7, 500 fine and/or revocation

Telehealth Registrants:

First Offense

Two (2) years suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second Offense

Five (5) years suspension with a corrective action plan

Revocation
(aa) Section 456.072(1)(hh), F.S.: Being terminated from or failing to successfully complete an impaired practitioners treatment program.

Florida Licensees:

MINIMUM

MAXIMUM

Any Offense

Suspension until able to demonstrate before the Board compliance with PRN

Revocation

Telehealth Registrants:

Any Offense

Suspension until able to demonstrate to the Board compliance with a Board approved professional's assistance program

Revocation
(bb) Section 486.125(1)(k) or 456.072(1)(dd) through a violation of Section 456.036(1), F.S.: Practicing on a delinquent, inactive, or retired status license or registration.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and/or a letter of concern

$5, 000 fine and/or two (2) years suspension followed by two (2) years of probation

Second Offense

$5, 000 fine and/or two (2) years of probation

$10, 000 fine and/or revocation

Subsequent Offenses

$7, 500 fine and/or six (6) months suspension followed by probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Suspension until home state license is clear and active; a corrective action plan

Five (5) additional years suspension with a corrective action plan

Second and Subsequent Offenses

Suspension until home state license is clear and active; a corrective action plan; Five (5) additional years suspension with a corrective action plan

Revocation
(cc) Section 456.072(1)(t), F.S.: Failing to identify through written notice or orally to a patient the type of license under which the practitioner is practicing.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and a letter of concern

$5, 000 fine and/or one (1) year of probation

Second and Subsequent Offenses

$5, 000 fine and two (2) years of probation

$10, 000 fine and/or revocation

Telehealth Registrants:

First Offense

One (1) year suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second Offense

Two (2) years suspension with a corrective action plan

Revocation
(dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to, a crime 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.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$5, 000 fine, reprimand, and six (6) months of probation

$10, 000 fine and revocation

Second and Subsequent Offenses

$10, 000 fine and revocation

$10, 000 fine and revocation

Telehealth Registrants:

First Offense

Five (5) years suspension and a corrective action plan

Revocation

Second Offense

Revocation

Revocation
(ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine, reprimand and/or suspension until the Medicaid program is reimbursed in full

$5, 000 fine and/or revocation

Second and Subsequent Offenses

$5, 000 fine and suspension until the Medicaid program is reimbursed in full

$10, 000 fine and revocation

Telehealth Registrants:

First Offense

Suspension until the Medicaid program is reimbursed in full plus an additional five (5) years suspension with a corrective action plan

Revocation

Second and Subsequent Offenses

Revocation

Revocation
(ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Section 409.913, F.S.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$5, 000 fine and reprimand and/or six (6) months of probation

$10, 000 fine and revocation

Second Offense or Terminated for cause

$10, 000 fine and revocation

$10, 000 fine and revocation

Telehealth Registrants:

First Offense

Five (5) years suspension with a corrective action plan

Revocation

Second Offense or Terminated for cause

Revocation

Revocation
(gg) Section 456.072(1)(ll), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime related to health care fraud.

Florida Licensees:

MINIMUM

MAXIMUM

First Misdemeanor Offense

$10, 000 fine and/or revocation

$10, 000 fine and revocation

Second Misdemeanor Offense or Felony Offense under Chapters 409 and 817, F.S., 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396

$10, 000 fine and revocation

$10, 000 fine and revocation

Telehealth Registrants:

First Misdemeanor Offense

Five (5) years suspension with a corrective action plan

Revocation

Second Misdemeanor Offense or Felony Offense under Chapters 409 and 817, F.S., 21 U.S.C. ss. 801-970, or 42 U.S.C. ss. 1395-1396

Ten (10) years suspension with a corrective action plan

Revocation
(hh) Section 456.072(1)(oo), F.S.: Willfully failing to comply with Section 627.6419 or 641.513, F.S., with such frequency as to indicate a general business practice.

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$1, 000 fine and a reprimand

$2, 500 fine and/or revocation

Second and Subsequent Offenses

$2, 500 fine and/or revocation

$7, 500 fine and/or revocation

Telehealth Registrants:

First Offense

Two (2) years suspension with a corrective action plan

Five (5) years suspension with a corrective action plan

Second Offense

Five (5) years suspension with a corrective action plan

Revocation
(ii) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$500 fine and a reprimand

$2, 000 fine and a reprimand

Second Offense

$1, 000 fine and a reprimand

$3, 000 fine and/or probation

Third Offense

$3, 000 fine and/or six (6) months suspension

$5, 000 fine and/or revocation

Telehealth Registrants:

First Offense

Reprimand and/or six (6) months suspension with a corrective action plan

Reprimand and/or two (2) years suspension with a corrective action plan

Second Offense

Reprimand and/or one (1) year suspension with a corrective action plan

Reprimand and/or three (3) years suspension

Third Offense

Reprimand and/or five (5) years suspension

Revocation
(jj) 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), F.S., or a similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)

Florida Licensees:

MINIMUM

MAXIMUM

First Offense

$5, 000 fine and/or five (5) years suspension; $10, 000 fine if fraudulent

$10, 000 fine and/or revocation

Second and Subsequent Offenses

$10, 000 fine and/or revocation

$10, 000 fine and revocation

Telehealth Registrants:

First Offense

Ten (10) years suspension with a corrective action plan

Revocation

Second and subsequent Offenses

Ten (10) years suspension

Revocation
(2) In determining what action is appropriate, the Board shall first consider what sanctions are necessary to protect the public or to compensate the patient. The Board shall then consider mitigating or aggravating circumstances in applying a penalty that is outside of the range provided for in the disciplinary guidelines including:
(a) The danger to the public;
(b) The number of distinct charges;
(c) The actual damage, physical or otherwise, to the patient(s);
(d) The length of time since the date of the last violation(s);
(e) The length of time that the licensee has held a license in any jurisdiction;
(f) The deterrent effect of the penalty imposed;
(g) Rehabilitation efforts of the licensee including remorse, restitution, and corrective action(s);
(h) The effect of the penalty on the licensee's livelihood;
(i) Efforts of the licensee to report or stop violations or the failure of the licensee to correct or stop violations;
(j) The willfulness and/or negligence of the licensee pertaining to any violation;

Notes

Fla. Admin. Code Ann. R. 64B17-7.001

Rulemaking Authority 456.036, 456.072, 456.079, 456.47(7), 486.025 FS. Law Implemented 456.072, 456.073, 456.079, 456.47, 486.125 FS.
New 2-10-87, Formerly 21M-9.023, Amended 8-2-90, 10-14-91, 12-6-92, 3-24-93, Formerly 21MM-7.002, 61F11-7.002, 59Y-7.002, Amended 1-8-98, 8-3-00, 1-2-03, 4-9-06, 2-5-07, 4-5-07, 6-27-07, 6-30-10, 6-18-12, Amended by Florida Register Volume 43, Number 015, January 24, 2017 effective 2/6/2017, Amended by Florida Register Volume 47, Number 071, April 13, 2021 effective 4/27/2021, Amended by Florida Register Volume 47, Number 213, November 2, 2021 effective 11/17/2021.

New 2-10-87, Formerly 21M-9.023, Amended 8-2-90, 10-14-91, 12-6-92, 3-24-93, Formerly 21MM-7.002, 61F11-7.002, 59Y-7.002, Amended 1-8-98, 8-3-00, 1-2-03, 4-9-06, 2-5-07, 4-5-07, 6-27-07, 6-30-10, 6-18-12, 2-6-17, 4-27-21, 11-17-21.

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