Fla. Admin. Code R. 64B18-14.002
The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon a licensee whom it regulates under Chapters 456 and 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either Chapter 456 or 461, F.S., and/or any laws and rules adopted pursuant thereto. The brief description of each violation is provided for quick reference and is not intended to convey all elements of any given statutory provision. The full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 456 or 461, F.S., and/or the laws and rules adopted pursuant thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
VIOLATION | FLORIDA LICENSEE PENALTY RANGE | OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE | ||
FIRST VIOLATION | SECOND AND SUBSEQUENT VIOLATIONS | FIRST VIOLATION | SECOND AND SUBSEQUENT VIOLATIONS | |
(1) Practicing or attempting to practice podiatric medicine without an active license or with a license fraudulently obtained. (Section 461.012(1)(a), F.S.) | ||||
a. Practicing with a license that was fraudulently obtained. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
b. Practicing or attempting to practice podiatric medicine without an active license. | MIN: Reprimand and a $1,000 fine; MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $10,000 fine and one (1) year of probation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
(2) Advertising podiatric services without an active license or with a license fraudulently obtained. (Section 461.012(1)(b), F.S.) | ||||
a. Advertising with a license that was fraudulently obtained. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
b. Advertising without an active license. | MIN: Reprimand and a $500 fine; MAX: $1,000 fine and one (1) year of probation. | MIN: Reprimand and a $2,500 fine; MAX: $5,000 fine and one (1) year probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan. |
(3) Using or attempting to use a license to practice podiatric medicine which has been suspended. (Section 461.012(1)(b), F.S.) | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
(4) Selling or fraudulently obtaining or furnishing any podiatry diploma, license, or record of registration or aiding or abetting the same. (Section 461.012(2)(a), 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. |
(5) Making any willfully false oath or affirmation whenever an oath or affirmation is required by Chapter 461, F.S. (Section 461.012(2)(b), F.S.) | MIN: $10,000 fine and six (6) month suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
(6) Using any name, title, or phrase which would lead the public to believe that such person is engaging in the practice of podiatric medicine, unless such person is licensed as a podiatric physician in this state. (Section 461.012(2)(c), F.S.) | MIN: Reprimand and a $1,000 fine; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(7) Knowingly concealing information relative to a violation of Chapter 461, F.S. (Section 461.012(2)(d), F.S.) | MIN: Reprimand and a $2,000 fine; MAX: $7,500 fine and one (1) year of probation. | MIN: $5,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(8) Attempting to obtain, obtaining or renewing a license to practice podiatric medicine by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board. (Sections 461.013(1)(a), and 456.072(1)(h), F.S.) | ||||
a. Bribery. | MIN: Reprimand and a $5,000 fine; MAX: Revocation. | MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Reprimand; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
b. Fraudulent Misrepresentations. | MIN: $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Revocation and a $10,000 fine; MAX: Revocation and a $10,000 fine. | MIN: Reprimand; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
c. Error of the Department or Board. | MIN: Reprimand; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(9) Having a license to practice podiatric medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (Sections 461.013(1)(b), and 456.072(1)(f), F.S.) | MIN: $500 fine and same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation; MAX: $5,000 fine and same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation. | MIN: $5,000 fine and same penalty as imposed in the other jurisdiction or as closely as possible to penalties for similar violation; MAX: Revocation. | MIN: Reprimand; MAX: Revocation. (Discipline shall be as close as possible to the penalty imposed in other jurisdiction.) | MIN: Reprimand; MAX: Revocation. (Discipline shall be as close as possible to the penalty imposed in other jurisdiction.) |
(10) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of podiatric medicine or the ability to practice podiatric medicine. (Sections 461.013(1)(c), and 456.072(1)(c), F.S.) | MIN: $5,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(11) Advertising in a manner which is false, deceptive or misleading. (Section 461.013(1)(d), F.S.) | MIN: Reprimand and a $500 fine; MAX: $5,000 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and six (6) months of suspension. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
(12) Advertising, practicing or attempting to practice under a name other than one's own. (Section 461.013(1)(e), F.S.) | MIN: Reprimand and a $500 fine; MAX: $5,000 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and six (6) months of suspension. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
(13) Failing to report to the Department any person the licensee knows to be in violation of Chapters 456 or 461, F.S., or the rules of the Board or Department. (Sections 456.072(1)(i), and 461.013(1)(f), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand and a $2,500 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(14) Aiding, assisting, procuring, permitting or advising any unlicensed person to practice a profession contrary to Chapter 456 or 461, F.S., or the rules of the Board or Department. (Sections 456.072(1)(j) and 461.013(1)(g), F.S.) | MIN: $1,000 fine and six (6) months of probation; MAX: $5,000 fine and six (6) month suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(15) Failing to perform any statutory or legal obligation placed upon a licensee. (Sections 456.072(1)(k), and 461.013(1)(h), F.S.) | MIN: Reprimand and a $5,000 fine; MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year of probation; MAX: Revocation. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(16) Making or filing a report or record which the licensee knows to be false, intentionally or negligently 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. (Sections 456.072(1)(l), and 461.013(1)(i), F.S.) | ||||
a. Making or filing a false report. | MIN: $10,000 fine and one (1) year of probation; MAX: Revocation and a $10,000 fine. | MIN: $10,000 fine and one (1) year suspension; MAX: Revocation and a $10,000 fine. | MIN: Suspension and a corrective action plan; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
b. Failing to file a report, impeding another from filing a report, or inducing another to impede the filing of a report. | MIN: Reprimand and a $1,000 fine; MAX: $2,500 fine and one (1) year of probation. | MIN: $2,500 fine and six (6) months of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(17) Making misleading, deceptive, untrue or fraudulent representations in the practice of podiatric medicine, or employing a trick or scheme. (Sections 456.072(1)(a) and (m); and 461.013(1)(j), F.S.) | MIN: $10,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation; 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 and a corrective action plan; MAX: Revocation. |
(18) Soliciting patients either personally or through an agent. (Section 461.013(1)(k), F.S.) | MIN: Reprimand and a $500 fine; MAX: $2,000 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
(19) Failing to keep written medical records justifying the course of treatment of the patient. (Section 461.013(1)(l), F.S.) | MIN: Reprimand and a $500 fine; MAX: $2,000 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
(20) Exercising influence on the patient or client for financial gain of the licensee or of a third party. (Sections 456.072(1)(n), and 461.013(1)(m), F.S.) | MIN: $1,000 fine and six (6) months of probation; MAX: $5,000 fine and six (6) month suspension followed by six (6) months of probation. | MIN: $5,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(21) Performing professional services which have not been duly authorized by the patient or client or his legal representative. (Section 461.013(1)(n), F.S.) | MIN: Reprimand and a $1,000 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and six (6) month suspension followed by one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: Six (6) month suspension and a corrective action plan. |
(22) Prescribing, dispensing, administering, mixing or otherwise preparing a legend drug, including all controlled substances, other than in the course of the podiatric physician's professional practice. (Section 461.013(1)(o), F.S.) | MIN: $10,000 fine and six (6) month suspension; MAX: Revocation. | MIN: $10,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Suspension and corrective action plan; MAX: Revocation. | MIN: One (1) year suspension and corrective action plan; MAX: Revocation. |
(23) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in Chapter 893, F.S., by the podiatric physician to himself. (Section 461.013(1)(p), F.S.) | MIN: $3,000 fine and one (1) year of probation; MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $10,000 fine and six (6) month suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(24) Prescribing, ordering, dispensing, administering, supplying, selling or giving amphetamine or sympathomimetic amine drug or compound designated as a Schedule II controlled substance pursuant to Chapter 893, F.S. (Section 461.013(1)(q), F.S.) | MIN: $1,000 fine and six (6) month suspension followed by six (6) months of probation; MAX: Revocation. | MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Six (6) month suspension and a corrective action plan; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(25) Being unable to practice podiatric medicine with reasonable skill and safety to patients by reason of illness, or use of alcohol, drugs, narcotic, chemicals or any other type of material or as a result of any mental or physical condition. (Sections 456.072(1)(z) and 461.013(1)(r), F.S.) | MIN: $1,000 fine and suspension until safe to practice with reasonable skill and safety; MAX: Revocation. | MIN: $2,500 fine and one (1) year suspension followed by suspension until safe to practice with reasonable skill and safety; MAX: Revocation. | MIN: Suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety; MAX: One (1) year suspension and a corrective action plan as outlined above. | MIN: One (1) year suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety; MAX: Revocation. |
(26) Gross or repeated malpractice or the failure to practice podiatric medicine at a level of care, skill, and treatment which is recognized by a reasonably prudent podiatric physician as being acceptable under similar conditions and circumstances. (Sections 461.013(1)(s) and 456.072(7), F.S.) | MIN: $10,000 fine and six (6) month suspension; MAX: Revocation and a $10,000 fine. | MIN: $10,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Six (6) month suspension and a corrective action plan; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(27) Performing any procedure or prescribing any therapy which, by prevailing standards of podiatric practice in the community, would constitute experimentation on human subjects without first obtaining full, informed, and written consent. (Section 461.013(1)(t), F.S.) | MIN: $5,000 fine and one (1) year of probation; MAX: Revocation. | MIN: $8,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(28) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform. (Sections 456.072(1)(o) and 461.013(1)(u), F.S.) | MIN: $5,000 fine and one (1) year of probation; MAX: Revocation. | MIN: $8,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(29) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience or licensure to perform them. (Sections 456.072(1)(p), and 461.013(1)(v), F.S.) | MIN: Reprimand and a $500 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(30) Failure to comply with a lawful order of the Board. (Sections 456.072(1)(q) and 461.013(1)(w), F.S.) | MIN: $500 fine and suspension until compliance; MAX: $1,000 fine and suspension until compliance. | MIN: $1,000 fine and suspension until compliance; MAX: $5,0000 fine and suspension until compliance. | MIN: Suspension and a corrective action plan to include compliance; MAX: One (1) year suspension and a corrective action plan to include compliance. | MIN: One (1) year suspension and a corrective action plan to include compliance; MAX: Revocation. |
(31) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate or preclude another licensee from lawfully advertising his services. (Section 461.013(1)(x), F.S.) | MIN: Reprimand and a $500 fine; MAX: $1,500 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(32) Prescribing, ordering, dispensing, administering, supplying, selling or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (CG), or other hormones for the purpose of muscle building or to enhance athletic performance. (Section 461.013(1)(y), F.S.) | MIN:$5,000 fine and one (1) year of probation; MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN:$8,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Suspension and a corrective action plan; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(33) Fraud, deceit, or misconduct in the practice of podiatric medicine. (Section 461.013(1)(z), F.S.) | MIN: $10,000 fine and one (1) year of probation; 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: Revocation. | MIN: Revocation; MAX: Revocation. |
(34) Failure to report to the Department any licensee under Chapter 458 or 459, F.S., in the same facility for violations of disciplinary provisions of their laws and rules. (Section 461.013(1)(aa), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand and a $2,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(35) Failure to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information regarding their patient rights and how to file a complaint. (Sections 456.072(1)(u), and 461.013(1)(bb), F.S.) | MIN: Reprimand and a $250 fine; MAX: $1,000 fine and six (6) months of probation. | MIN: Reprimand and a $2,000 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(36) Violating any provisions of Chapters 461, 456, F.S., or any rules promulgated thereto, unless otherwise specifically referenced herein. (Sections 456.072(1)(dd) and 461.013(1)(cc), F.S.) | MIN: Reprimand and a $3,000 fine; MAX: $8,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
a. Failure to complete the two (2) hour course on medical errors. (Section 456.013(7), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Reprimand. |
b. Failure to provide the licensee's current mailing address. (Section 456.035(1), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand and a $2,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Reprimand. |
c. Failure to submit or update required information. (Section 456.039(3)(b), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Reprimand. |
d. Failure to report sexual misconduct. (Section 456.063, F.S.) | MIN: Reprimand and a $1,500 fine; MAX: Reprimand and a $5,000 fine. | MIN: $5,000 fine and six (6) months of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
e. Authorizing or directing a person not certified pursuant to Section 461.0135, F.S., to operate X-Ray equipment. (Section 461.013(2)(v), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Reprimand. |
(37) Failure to comply with HIV/AIDS education requirement. (Section 456.072(1)(e), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $2,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(38) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee. (Section 456.072(1)(g), F.S.) | MIN: $500 fine and six (6) months of probation; MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year of probation; MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(39) Interfering with an investigation or inspection authorized by statute. (Section 456.072(1)(r), F.S.) | MIN: $1,000 fine and one (1) year suspension; MAX: Revocation. | MIN: $8,000 fine and one (1) year suspension followed by one (1) year of probation; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(40) Failure to comply with domestic violence education requirement. (Section 456.072(1)(s), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $2,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(41) Failure to identify the type of license under which the practitioner is practicing. (Section 456.072(1)(t), F.S.) | MIN: Reprimand and a $250 fine; MAX: Reprimand and a $500 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(42) Engaging or attempting to engage a patient or client in sexual misconduct as defined in Section 456.063(1), F.S. (Section 456.072(1)(v), F.S.) | MIN: $5,000 fine and one (1) year of suspension followed by one (1) year of probation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Revocation | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(43) Failure to comply with the requirements of profiling or credentialing. (Section 456.072(1)(w), F.S.) | MIN: Reprimand and a $500 fine; MAX: Reprimand and a $1,000 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Reprimand. |
(44) Failure to report a criminal conviction or plea to the Board in writing within 30 days. (Section 456.072(1)(x), F.S.) | MIN: Reprimand and a $250 fine; MAX: Reprimand and a $500 fine. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $2,000 fine. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(45) Using information about people involved in motor vehicle accidents which has been derived from accident reports, etc., for solicitation of business. (Section 456.072(1)(y), F.S.) | MIN: Reprimand and a $1,000 fine; MAX: $5,000 fine and six (6) months of probation. | MIN: Reprimand and a $5,000 fine; MAX: $10,000 fine and one (1) year of probation. | MIN: Reprimand; MAX: Suspension and a corrective action plan. | MIN: Reprimand, suspension and a corrective action plan; MAX: One (1) year suspension and a corrective action plan. |
(46) Testing positive on a preemployment drug screen without lawful prescription for indicated drug. (Section 456.072(1)(aa), F.S.) | MIN: Reprimand and a $500 fine, MAX: $1,000 fine and suspension until safe to practice with reasonable skill and safety. | MIN: $5,000 fine and suspension until safe to practice with reasonable skill and safety; MAX: Revocation. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety. | MIN: One (1) year suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety; MAX: Revocation. |
(47) Performing health care services on the wrong patient, wrong site, wrong or unauthorized procedure. (Section 456.072(1)(bb), F.S.) | MIN: Reprimand, continuing education, and a $1,000 fine; MAX: $5,000 fine and six (6) month suspension followed by one (1) year of probation. | MIN: Reprimand, $5,000 fine, continuing education, and one (1) year of probation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Six (6) month suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(48) Leaving an undisclosed foreign object in patient. (Section 456.072(1)(cc), F.S.) | MIN: Reprimand, continuing education, and a $1,000 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand, $5,000 fine, continuing education, and one (1) year of probation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Six (6) month suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(49) With respect to making a personal injury protection claim as required by Section 627.736, F.S., intentionally submitting a claim, statement, or bill that has been "up coded" as defined in Section 627.732, F.S. (Section 456.072(1)(ee), F.S.) | MIN: Reprimand and a $1,000 fine; MAX: $2,500 fine and six (6) months of probation. | MIN: Reprimand, a $5,000 fine, and six (6) months of probation; MAX: Revocation. | MIN: Reprimand; MAX Suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(50) With respect to making a personal injury protection claim as required by Section 627.736, F.S., intentionally submitting a claim, statement, or bill for services not rendered. (Section 456.072(1)(ff), F.S.) | MIN: Reprimand and a $3,000 fine; MAX: $5,000 fine and one (1) year of probation. | MIN: Reprimand, a $5,000 fine, and six (6) month suspension; MAX: Revocation. | MIN: Reprimand; MAX Suspension and a corrective action plan. | MIN: Six (6) month suspension and a corrective action plan; MAX: Revocation. |
(51) Engaging in a pattern when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill to patients. (Section 456.072(1)(gg), F.S.) | MIN: Reprimand, continuing education, and a $3,000 fine; MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: Reprimand, a $5,000 fine, continuing education courses, and a six (6) month suspension; MAX: Revocation. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan. | MIN: Six (6) month suspension and a corrective action plan; MAX: Revocation. |
(52) Termination from impaired practitioner treatment program. (Section 456.072(1)(hh), F.S.) | MIN: $1,000 fine, and suspension until safe to practice with reasonable skill and safety; MAX: Revocation. | MIN: $5,000 fine, one (1) year suspension followed by suspension until safe to practice with reasonable skill and safety; MAX: Revocation. | MIN: Suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety; MAX: One (1) year suspension and a corrective action plan as outlined above. | MIN: One (1) year suspension and a corrective action plan including, at a minimum, demonstration of the ability to practice with reasonable skill and safety; MAX: Revocation. |
(53) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, to any of the acts set forth in Section 456.072(1)(ii), F.S., relating to the Medicaid program. (Section 456.072(1)(ii), F.S.) | MIN: $10,000 fine and six (6) month suspension; MAX: Revocation. | MIN: $10,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Six (6) month suspension; MAX: Revocation. | MIN: Revocation; MAX: Revocation |
(54) 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. (Section 456.072(1)(jj), F.S.) | MIN: Reprimand and a $2,500 fine; MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation. | MIN: $5,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Reprimand; MAX: One (1) year suspension and a corrective action plan. | MIN: One (1) year suspension and a corrective action plan; MAX: Revocation. |
(55) Being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any 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. (Section 456.072(1)(kk), F.S.) | MIN: $10,000 fine and one (1) year of probation; MAX: Revocation. | MIN: $10,000 fine and one (1) year suspension; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Revocation. | MIN: One (1) year suspension; MAX: Revocation. |
(56) 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 456.072(1)(ll), 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. |
(57) Failure to comply with controlled substance prescribing requirements for acute pain, pursuant to Rule 64B18-23.002, F.A.C., and Section 456.44, F.S. (Section 456.072(1)(mm), F.S.) | MIN: Reprimand, a fine of $500, and continuing education; MAX: $1,000 fine and a six (6) month suspension followed by six (6) months of probation. | MIN: Reprimand, a fine of $2,500, continuing education, and one (1) year of probation; MAX: Revocation. | MIN: Suspension and a corrective action plan; MAX: Six (6) month suspension and a corrective action plan. | MIN: Suspension and a corrective action plan; MAX: Revocation. |
(58) Violating any of the provisions of Section 790.338, F.S. (Section 456.072(1)(nn), F.S.) | MIN: Reprimand and a $250 fine; MAX: Reprimand and a $500 fine. | MIN: Reprimand, continuing education, and a $1,000 fine; MAX: $2,000 fine and six (6) month suspension followed by six (6) months of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(59) 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: Reprimand and a $250 fine; MAX: Reprimand and a $500 fine. | MIN: Reprimand, continuing education, and a $1,000 fine; MAX: $2,000 fine and six (6) month suspension followed by six (6) months of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(60) Providing information indicating that a person has a disability supporting a person's need for an emotional support animal without knowledge of the person's disability. (Section 456.072(1)(pp), F.S.) | MIN: Reprimand and a $250 fine; MAX: Reprimand and a $500 fine. | MIN: Reprimand, continuing education, and a $1,000 fine; MAX: $2,000 fine and six (6) month suspension followed by six (6) months of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(61) Section 456.072(1)(rr), F.S: Failure to comply with the parental consent requirements of Section 1014.06, F.S. | MIN: Reprimand and a $1,000 fine; MAX: Reprimand and a $5,000 fine. | MIN: Reprimand, continuing education, and a $5,000 fine; MAX: $10,000 fine and six (6) month suspension followed by six (6) months of probation. | MIN: Reprimand; MAX: Reprimand. | MIN: Reprimand; MAX: Suspension and a corrective action plan. |
(62) Section 456.072(1)(ss), F.S: 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. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. | MIN: Revocation; MAX: Revocation. |
Fla. Admin. Code Ann. R. 64B18-14.002
Rulemaking Authority 456.072, 456.079, 461.005, 461.013 FS. Law Implemented 456.033, 456.063, 456.072, 456.079, 461.012, 461.013 FS.
New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, 11-27-16, 4-19-17, 1-2-19, 12-29-21.