Section 64B23-6.001 - Penalty-Guidelines(1) Unless mitigating or aggravating factors are present, when the Department finds an applicant or licensee whom it regulates under Chapter 483, Part IV, F.S., has committed any of the acts set forth in Section 483.901(6), F.S., it shall issue a final order imposing appropriate penalties based on the severity and repetition of the violation within the ranges recommended in the following disciplinary guidelines. The identification of violations is descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. Any of the listed violations provide sufficient grounds for denying a licensure application. A finding of financial benefit or self-gain related to the violation is grounds for requiring the person charged with a violation to refund fees billed and collected from a patient or third party in addition to any other appropriate penalties imposed by this rule. In addition to any other discipline imposed, the Department shall assess the actual costs related to the investigation and prosecution of a case. In addition to or in lieu of the penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Department shall impose a fine of $10,000.00 per count or offense.(a) Section 483.901(6)(g)1. or 456.072(1)(h), F.S.: Attempting to obtain, obtaining or renewing a license to practice medical physics by bribery, by fraudulent misrepresentation, or through an error of the Department. Bribery and concealment of material fact not amounting to fraud - from a minimum fine of $500.00 and/or up to two years of probation to a maximum of revocation. For a second or subsequent violation, revocation and a maximum fine of $10,000.00.
Fraud, knowing or fraudulent misrepresentation - from six months probation and a fine of $10,000.00 to a maximum of revocation and a fine of $10,000.00. For a second or subsequent violation, revocation and a fine of $10,000.00.
Department error - from a letter of concern and/or a fine of $500.00, up to a maximum of suspension of license for one year, followed by two years of probation, and a fine of $5,000.00. For a second or subsequent violation, from a minimum fine of $5,000.00 to revocation.
(b) Section 483.901(6)(g)2. or 456.072(1)(f), F.S.: Having a license to practice medical physics revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country - action consistent with the penalty guidelines for the violation had the violation occurred in the State of Florida. For a second or subsequent violation, action consistent with the penalty guidelines for a repeat violation had it occurred in Florida.(c) Section 483.901(6)(g)3. or 456.072(1)(c), F.S.: Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which is directly related to the practice of medical physics or the ability to practice medical physics - from a minimum fine of $1,500.00 and six months probation to a maximum fine of $5,000.00 and/or revocation. For a second or subsequent violation, from a minimum of one year of probation up to a maximum fine of $10,000.00 and/or revocation of license.(d) Sections 483.901(6)(g)4., 456.072(1)(g) or 456.072(1)(l), F.S.: False reporting or other reporting violations - from a minimum fine of $3,000.00 and/or suspension of license for three months followed by six months probation up to a maximum of revocation and/or a fine of $7,500. For a second or subsequent violation, up to a maximum fine of $10,000.00 and/or revocation.(e) Section 483.901(6)(g)5. or 456.072(1)(a), F.S.: Advertising or otherwise making representations in a manner which is false, deceptive or misleading - from a minimum fine of $1,000.00 and a reprimand up to a maximum fine of $7,500.00 and one year of probation. For a second violation, from a minimum fine of $2,500.00 and/or one year of probation to a maximum fine of $10,000.00 and/or six months suspension of license. For a third violation, a fine of up to $10,000.00 and/or one year of suspension followed by two years probation up to a maximum fine of $10,000.00 and/or revocation.(f) Section 483.901(6)(g)6. or 456.072(1)(i), F.S.: Failing to report to the Department any person the licensee knows to be in violation of Chapter 456 or 483, Part IV, F.S., or the rules of the Department - from a minimum letter of concern and/or a fine of $500.00 up to a maximum fine of $1,000.00 and/or six months of probation. For a second or subsequent violation, a minimum of six months of probation and/or a fine of $2,000.00 to a maximum fine of $7,500.00 and/or revocation.(g) Section 483.901(6)(g)7. or 456.072(1)(k), F.S.: Failing to perform any statutory or legal obligation placed upon a licensee - from a minimum fine of $500.00 and a letter of concern up to a maximum fine of $7,500.00 and/or two years of suspension followed by two years of probation. For a second violation, from a minimum fine of $2,500.00 and six months of probation up to a maximum fine of $10,000.00 and/or revocation. For a third or subsequent violation, up to a fine of $10,000.00 and/or revocation.(h) Section 483.901(6)(g)8. or 456.072(1)(j), F.S.: Aiding, assisting, procuring, permitting or advising any unlicensed person to practice medical physics contrary to Chapter 483, Part IV, F.S., or the rules of the Department - from a minimum $3,500.00 fine and/or one year of suspension followed by probation to a fine of $7,500.00 and/or revocation of license. For a second or subsequent violation, from a fine of $5,000.00 up to a maximum fine of $10,000.00 and/or revocation.(i) Section 483.901(6)(g)9. or 456.072(1)(p), F.S.: Delegating professional responsibilities to a person when the delegating licensee knows or has reason to know that such person is not qualified by training, experience or licensure to perform them - from a minimum fine of $1,500.00 and/or six months of probation up to a maximum fine of $5,000.00 and suspension of license for two years followed by up to three years of probation. For a second or subsequent violation, from a minimum fine of $3,000.00 and/or suspension of license for six months followed by one year of probation up to a maximum fine of $10,000.00 and/or revocation.(j) Section 483.901(6)(g)10. or 456.072(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee has reason to know that the licensee is not competent to perform - from a minimum fine of $1,000.00 and/or one year of probation up to a maximum fine of $5,000.00 and/or two years of probation. For a second or subsequent violation, from a minimum fine of $2,500.00 and two years of probation up to a maximum fine of $8,000.00 and/or revocation.(k) Section 483.901(6)(g)11., F.S.: Gross or repeated malpractice or the failure to practice medical physics at a level of care, skill, and treatment which is recognized by a reasonably prudent medical physicist as being acceptable under similar conditions and circumstances - from a minimum fine of $1,000.00 up to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent violation, from a minimum fine of $5,000.00 up to a maximum fine of $10,000.00 and/or revocation.(l) Section 483.901(6)(g)12., F.S.: Judicially determined mental incompetency - from a minimum of voluntary relinquishment of license pending a judicial determination or suspension until a judicial determination that competency to practice has been restored to revocation.(m) Section 483.901(6)(g)13. or 456.072(1)(z), F.S.: Practicing medical physics without reasonable skill and safety by reason of illness, or use of alcohol, drugs, narcotics, chemicals or any other type of material or as a result of any mental or physical condition - from a minimum of a referral to a Department approved impaired practitioner program or the Professionals Resource Network (PRN) for evaluation and/or treatment and two years of probation to a maximum of suspension of license until determined safe to practice followed by up to five years of probation. For a second or subsequent violation, from a $750.00 fine, referral to PRN, and a minimum of two years probation to revocation.(n) Section 483.901(6)(g)14., or 456.072(1)(b) or 456.072(1)(dd), F.S.: Violating any provision of Chapter 483, Part IV or Chapter 456, F.S., or any rules adopted pursuant thereto - from a minimum fine of $1,000.00 and/or a reprimand up to a maximum fine of $5,000.00 and/or suspension of license for two years followed by two years of probation. For a second violation, from a minimum fine of $5,000.00 and/or two years of probation up to a maximum fine of $10,000.00 and/or revocation. For a third or subsequent violation, from a minimum fine of $7,500.00 and/or six months of suspension followed by two years of probation up to a maximum fine of $10,000.00 and/or revocation.(o) Section 456.072(l)(m), F.S.: Making misleading, deceptive, untrue or fraudulent representations in the practice of medical physics or employing a trick or scheme in the practice of medical physics when such scheme or trick fails to conform to the generally prevailing standards of treatment in the community - from a minimum six months of probation to a maximum suspension of license for one year followed by two years of probation and a $10,000.00 fine per count or violation. For a second or subsequent violation, from a minimum of two years of probation to revocation and a fine of $10,000.00 per count or violation.(p) Section 456.072(l)(n), F.S.: Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party - from a minimum fine of $1,000.00 and/or one year of probation to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent violation, from a minimum two years probation and a fine of $2,500.00 to a fine of $10,000.00 and/or revocation.(q) Section 456.072(1)(q), F.S.: Violating a lawfully issued order or subpoena - from a minimum fine of $1,000.00 and a letter of concern to a maximum fine of $8,000.00 and suspension of license for up to two years followed by two years of probation. For a second or subsequent violation, from a minimum fine of $2,000.00 and/or two years of probation to a fine of $10,000.00 and revocation.(r) Section 456.072(1)(r), F.S.: Interfering with an investigation, inspection, or disciplinary proceeding - from a minimum fine of $800.00 and/or one year of probation to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent violation, a minimum fine of $2,500.00 and two years probation to a maximum fine of $10,000.00 and/or revocation.(s) Section 456.072(1)(e), F.S.: Failing to comply with the educational course requirements of HIV/AIDS - from providing proof of compliance and a minimum fine of $500.00 and a letter of concern to a maximum fine of $1,500.00 and up to three years of probation. For a second or subsequent violation, from a minimum fine of $1,000.00 to a maximum fine of $5,000.00 and up to three months of suspension followed by two years of probation.(t) Section 456.072(1)(t), F.S.: Failing to identify to a patient not in certain facilities that the practitioner is licensed as a medical physicist - from a letter of apology and/or a minimum fine of $250.00 to a maximum fine of $500.00 and/or six months probation. For a second or subsequent violation, from a fine of $500.00 and a reprimand to a fine of $1,000.00 and/or up to one year probation.(u) Section 456.072(1)(v), F.S.: Engaging or attempting to engage in sexual misconduct - from a reprimand and/or fine of $1,000.00 to a maximum fine of $10,000.00 and referral for evaluation and assistance and/or revocation. For a second or subsequent violation, from a fine of $5,000.00, referral for evaluation and/or six months suspension followed by one year of probation to a fine of $10,000.00 and revocation.(v) Section 456.072(1)(x), F.S.: Failing to report a conviction or plea, regardless of adjudication, within 30 days - from a minimum letter of concern and/or fine of $250.00 to a maximum fine of $3,000.00 and/or up to two years of probation. For a second or subsequent violation, a reprimand and fine of $500.00 up to a maximum fine of $5,000.00 and three months suspension followed by two years probation.(w) Section 456.072(1)(aa), F.S.: Testing positive for any drug on any preemployment or employer-ordered drug screening - from a minimum of a referral to a Department approved impaired practitioner program or PRN for evaluation and treatment and two years of probation to a maximum of suspension of license until determined safe to practice followed by up to five years of probation. For a second or subsequent violation, from a $750.00 fine, referral to PRN, and a minimum of two years probation to revocation.(x) Section 456.072(1)(bb), F.S.: Performing or preparing for or attempting services on the wrong patient, wrong site, wrong procedure, or an unauthorized procedure or one that is medically unnecessary or unrelated to patient's condition - from a minimum fine of $1,000.00 and a reprimand to a maximum fine of $9,000.00 and/or three months suspension followed by two years probation. For a second or subsequent violation, from a minimum fine of $5,000.00 and a year of probation to a fine of $10,000.00 and/or revocation.(y) Section 456.072(1)(ee) or 456.072(1)(ff), F.S.: Intentionally submitting an "upcoded" bill or claim or a bill or claim for payment of services not rendered - from reimbursement and a fine of $1,000.00 and/or a year of probation to a maximum fine of $10,000.00 and/or revocation. For a second or subsequent offense, a fine of $2,000.00 and a year of probation to a maximum fine of $10,000.00 and/or revocation.(z) Section 456.072(1)(hh), F.S.: Being terminated from a treatment program for impaired practitioners without good cause - from suspension of license until determined safe to practice and/or reinstatement in the program to revocation. The same penalty would apply for a second or subsequent violation. (aa) Section 456.072(1)(ii), F.S.: Being convicted of or entering a plea to any misdemeanor or felony 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 Medicaid -misdemeanor - from a minimum fine of $1,000.00 and six months probation up to a maximum fine of $7,500.00 and one year of suspension followed by two years of probation. Felony or for a second violation, revocation and a fine of $10,000.00.(bb) Section 456.072(1)(jj), F.S.: Failing to remit the sum owed for an overpayment from the Medicaid program or from a final order, judgment, stipulation, or settlement - from a minimum fine of $1,000.00 and a reprimand to a maximum fine of $3,500.00 and two years of suspension. For a second or subsequent violation, a fine of up to $10,000.00 and six months probation to revocation.(cc) Section 456.072(1)(kk), F.S.: Being terminated from a state Medicaid program or from the federal Medicare program unless participation eligibility restored - from a minimum fine of $500.00 and a reprimand to a maximum fine of $7,500.00 and revocation. For a second or subsequent violation, up to a fine of $10,000.00 and revocation.(dd) Section 456.072(1)(ll), F.S.: Being convicted of or entering a plea to any misdemeanor or felony relating to health care fraud - misdemeanor fraud - from a fine of $10,000.00 and two years of probation up to a fine of $10,000.00 and revocation. For a felony or second violation, revocation and a fine of $10,000.00.(ee) Section 456.072(1)(nn), F.S.: Violating any provision of s. 790.338, F.S., relating to medical privacy concerning firearms - from a minimum fine of $1,000.00 and letter of concern to a maximum fine of $3,000.00 and six (6) month suspension followed by one (1) year probation. For a second or subsequent violation, from a minimum fine of $5,000.00 and/or six (6) month suspension followed by two (2) years of probation to a maximum fine of $10,000.00 and/or permanent revocation.(ff) Section 456.072(1)(oo), F.S.: Willfully failing to comply with s. 627.64194 or 641.513, F.S., as to indicate a business practice regarding provision of emergency services and insurance billing - from a minimum fine of $1,000.00 and letter of concern to a maximum fine of $3,000.00 and six (6) month suspension followed by one (1) year probation. For a second or subsequent violation, from a minimum fine of $5,000.00 and/or six (6) month suspension followed by two (2) years of probation to a maximum fine of $10,000.00 and/or permanent revocation.(gg) Section 456.072(1)(pp), F.S.: Providing information, including written documentation, indicating that a person has a disability or supporting a person's need for an emotional support animal under s. 760.27, F.S., without personal knowledge of the person's disability or disability-related need for the specific emotional support animal - from a minimum six months of probation to a maximum suspension of license for one year followed by two years of probation and a $10,000.00 fine per count or violation. For a second or subsequent violation, from a minimum of two years of probation to revocation and a fine of $10,000.00 per count or violation.(hh) Section 456.072(1)(rr), F.S.: Failure to comply with the parental consent requirements of s. 1014.06, F.S., - from a minimum fine of $200 and a letter of concern up to a maximum fine of $1,000 and one (1) year probation. For a second or subsequent violation, from a minimum fine of $2,000 and one (1) year probation up to a maximum fine of $5,000 and six (6) month suspension followed by one (1) year probation.(ii) 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 s. 456.074(5), F.S., or a similar offense in another jurisdiction - from a minimum fine of $1,500.00 and six months of probation to a maximum fine of $5,000.00 and/or revocation. For a second or subsequent violation, from a minimum of one year of probation up to a maximum fine of $10,000.00 and/or revocation of license.(2) Any or all of the following conditions may be imposed as terms of probation: (a) Restitution of the costs of probation;(b) Restitution to patient(s) or third party payor(s);(c) Affidavit of understanding laws and rules;(d) Department access to all business records;(e) Continuing education classes beyond those required for biennial renewal;(f) Attendance or participation in specific training and/or classes;(g) Direct or indirect supervision by a Department-approved monitor;(h) Restitutions on practice;(i) Submission of reports by licensee, monitor, and or supervisor or employer at a frequency determined by the Department;(k) Urine, blood, and hair testing;(l) Other appropriate conditions related to the committed violation.Fla. Admin. Code Ann. R. 64B23-6.001
Rulemaking Authority 456.079(1) FS. Law Implemented 456.072, 456.079, 483.901(4)(g) FS.
New 7-15-99, Amended 8-5-07, 7-20-10, Amended by Florida Register Volume 41, Number 092, May 12, 2015 effective 5/24/2015, Amended by Florida Register Volume 49, Number 177, September 12, 2023 effective 9/28/2023.New 7-15-99, Amended 8-5-07, 7-20-10, 5-24-15, 9-28-23.