Fla. Admin. Code R. 64B33-5.001

Current through Reg. 50, No. 244; December 17, 2024

Section 64B33-5.001 - Disciplinary Guidelines

(1) The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 468, Part XIII, F.S. or Section 456.47. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed; multiple counts of the violated provisions or a combination of the violations may result in a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(3) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, or Section 456.47, F.S., has committed any of the acts set forth in Section 468.719, F.S., it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) Committing incompetency or misconduct in the practice of athletic training. (Section 468.719(1)(a), F.S.)
Florida Licensee	From reprimand to probation, a $500 to $750 fine, or refusal to certify a licensure application.	From probation to suspension, and a $750 to $1,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $1,000 to $1,500 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) month suspension with a corrective action plan.	From six (6) months suspension with a corrective action plan to two (2) years suspension.	From two (2) years suspension to revocation.
(b) Committing fraud or deceit in the practice of athletic training. (Section 468.719(1)(b), F.S.)
Florida Licensee	From reprimand to probation, and if fraud is proven, an administrative fine of $10,000, or refusal to certify a licensure application.	From probation to suspension, and if fraud is proven, an administrative fine of $10,000, or refusal to certify a licensure application.	From suspension to revocation, and if fraud is proven, a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to two (2) years suspension with a corrective action plan, and if fraud is proven, revocation.	From two (2) years suspension with a corrective action plan to five (5) years suspension, and if fraud is proven, revocation.	From five (5) years suspension to revocation, and if fraud is proven, revocation.
(c) Committing negligence, gross negligence, or repeated negligence in the practice of athletic training. (Section 468.719(1)(c), F.S.)
Florida Licensee	From reprimand to suspension, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.	From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to one (1) year suspension with a corrective action plan.	From one (1) year suspension with a corrective action plan to five (5) years suspension.	From five (5) years suspension to revocation.
(d) Being unable to practice athletic training with reasonable skill and safety by reason of illness or use of alcohol or drugs or as a result of any mental or physical condition. (Section 468.719(1)(d), F.S.) (Section 456.072(1)(z), F.S.)
Florida Licensee	From reprimand to suspension until safe to practice, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.	From probation until safe to practice to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension until safe to practice to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to suspension with a corrective action plan.	Suspension with a corrective action plan to suspension.	From suspension to revocation.

(4) When the Board finds an applicant or licensee whom it regulates under Chapter 468, Part XIII, or Section 456.47, F.S., has violated Section 456.072, F.S., by violating any of the following provisions, it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Second Offense	Third Offense
(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of athletic training. (Section 456.072(1)(a), F.S.)
Florida Licensee	From reprimand to suspension, and if fraudulent representations are proven, a $10,000 fine or refusal to certify a licensure application.	From probation to revocation, and if fraudulent representations are proven, a $10,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and if fraudulent representations are proven, a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to two (2) years suspension with a corrective action plan, and if fraud is proven, revocation.	From two (2) years suspension with a corrective action plan to five (5) years suspension, and if fraud is proven, revocation.	From five (5) years suspension to revocation, and if fraud is proven, revocation.
(b) 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.)
Florida Licensee	From reprimand to suspension, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.	From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to one (1) year suspension with a corrective action plan.	From one (1) year suspension with a corrective action plan to five (5) years suspension.	From five (5) years suspension to revocation.
(c) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice athletic training contrary to Chapters 468, Part XIII and 456, F.S., or the rules of the department or the board. (Section 456.072(1)(j), F.S.)
Florida Licensee	From reprimand to suspension, and a $500 to $1,000 fine, or refusal to certify a licensure application.	From probation to revocation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) month suspension with a corrective action plan.	From six (6) months suspension with a corrective action plan to two (2) years suspension.	From two (2) years suspension to revocation.
(d) Failure to perform any statutory or legal obligation placed upon a licensee. (Section 456.072(1)(k), F.S.)
Florida Licensee	From letter of concern to probation, and a $500 to $1,000 fine, or refusal to certify a licensure application.	From reprimand to suspension, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) month suspension with a corrective action plan.	From six (6) months suspension with a corrective action plan to two (2) years suspension.	From two (2) years suspension to revocation.
(e) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. (Section 456.072(1)(m), F.S.)
Florida Licensee	From reprimand to suspension, and if fraudulent representation(s) proven, a $10,000, fine or refusal to certify a licensure application.	From probation to suspension, and if fraudulent representation(s) proven, a $10,000, fine or refusal to certify a licensure application.	From suspension to revocation, and if fraudulent representation(s) proven, a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to two (2) years suspension with a corrective action plan, and if fraud is proven, revocation.	From two (2) years suspension with a corrective action plan to five (5) years suspension, and if fraud is proven, revocation.	From five (5) years suspension to revocation, and if fraud is proven, revocation.
(f) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. (Section 456.072(1)(o), F.S.)
Florida Licensee	From reprimand to suspension, and a $250 to $1,000 fine, or refusal to certify a licensure application.	From probation to revocation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) month suspension with a corrective action plan.	From six (6) months suspension with a corrective action plan to two (2) years suspension.	From two (2) years suspension to revocation.
(g) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. (Section 456.072(1)(p), F.S.)
Florida Licensee	From reprimand to suspension, and a $500 to $2,500 fine, or refusal to certify a licensure application.	From probation to revocation, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) month suspension with a corrective action plan.	From six (6) months suspension with a corrective action plan to two (2) years suspension.	From two (2) years suspension to revocation.
(h) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 456.072(1)(r), F.S.)
Florida Licensee	From letter of concern to probation, and a $1,000 to $2,500 fine, or refusal to certify a licensure application.	From reprimand to suspension, and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From a letter of concern to six (6) months suspension with a corrective action plan.	From reprimand to two (2) years suspension.	From two (2) years suspension to revocation.
(i) Engaging or attempting to engage in verbal or physical sexual misconduct as defined and prohibited in Section 456.063(1), F.S. (Section 456.072(1)(v), F.S.)
Florida Licensee	From reprimand to revocation, and a $1,000 to $4,000 fine, or refusal to certify a licensure application.	From probation to revocation, and a $4,000 to $7,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From one (1) year suspension with a corrective action plan to revocation.	From five (5) years suspension with a corrective action plan to revocation.	From suspension to revocation.
(j) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)
Florida Licensee	From reprimand to probation, and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From probation to suspension, and a $5,000 to $7,000 fine, or refusal to certify a licensure application.	From suspension to revocation, and a $7,000 to $10,000, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to six (6) months suspension with a corrective action plan.	From one (1) year suspension with a corrective action plan to two (5) years suspension.	From five (5) years suspension to revocation.
(k) 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.)
Florida Licensee	From reprimand to suspension up to five years and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From reprimand to suspension up to five years and a $5,000 fine, or refusal to certify a licensure application.	Revocation.
Registered Out-of-State Telehealth Provider	From reprimand to ten (10) years suspension with a corrective action plan.	From ten (10) years suspension with a corrective action plan to revocation.	Revocation.
(l) 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.)
Florida Licensee	From reprimand to suspension up to five years and a $1,000 to $5,000 fine, or refusal to certify a licensure application.	From reprimand to suspension up to five years and a $10,000 fine, or refusal to certify a licensure application.	Revocation.
Registered Out-of-State Telehealth Provider	From reprimand to ten (10) years suspension with a corrective action plan.	From ten (10) years suspension with a corrective action plan to revocation.	Revocation.
(m) Being terminated for cause from the State Medicaid program or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.)
Florida Licensee	Revocation unless the applicant or licensee has been in good standing for the most recent five years or if the action was taken by another state or the federal program, the termination occurred at least 20 years prior to the application date.
Registered Out-of-State Telehealth Provider	Revocation unless the applicant or licensee has been in good standing for the most recent five years or if the action was taken by another state or the federal program, the termination occurred at least 20 years prior to the application date.
(n) 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.)
Florida Licensee	From reprimand to suspension up to five years and a $10,000 fine, or refusal to certify a licensure application.	Five year suspension and a $10,000 fine, or refusal to certify a licensure application.	Revocation.
Registered Out-of-State Telehealth Provider	From reprimand to ten (10) years suspension with a corrective action plan.	From ten (10) years suspension with a corrective action plan to revocation.	Revocation.
(o) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice licensee's profession. (Section 456.072(1)(c), F.S.)
Florida Licensee	From reprimand to suspension up to five years and a $2,000 fine or refusal to certify a licensure application.	From five year suspension to revocation and a $5,000 fine, or refusal to certify a licensure application.	Revocation.
Registered Out-of-State Telehealth Provider	From reprimand to five (5) years suspension with a corrective action plan.	From five (5) years suspension with a corrective action plan to revocation.	Revocation.
(p) Having a license or the authority to practice any regulated profession revoked, suspended, or otherwise acted against, including denial of licensure by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law. (Section 456.072(1)(f), F.S.)
Florida Licensee	From reprimand to suspension up to three years and a $1,000 to $3,000 fine, or refusal to certify a licensure application.	From five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.	From five year suspension to revocation and a $7,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to five (5) year suspension with a corrective action plan.	From five (5) year suspension with a corrective action plan to revocation.	Revocation.
(q) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through error of the department or the board. (Section 456.072(1)(h), F.S.)
Florida Licensee	From reprimand to revocation and a $1,000 to $5,000 fine, or refusal to certify a licensure application. If fraudulent: reprimand to revocation and $10,000 fine or refusal to certify a licensure application.	From reprimand to revocation and a $5,000 to $10,000 fine, or refusal to certify a licensure application. If fraudulent: revocation and $10,000 fine or refusal to certify a licensure application.	Revocation and a $10,000 fine, or refusal to certify a license application. If fraudulent: revocation and $10,000 fine or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to two (2) years suspension with a corrective action plan, and if fraud is proven, revocation.	From two (2) years suspension with a corrective action plan to five (5) years suspension, and if fraud is proven, revocation.	From five (5) years suspension to revocation, and if fraud is proven, revocation.
(r) Failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or board. (Section 456.072(1)(i), F.S.)
Florida Licensee	From reprimand to suspension two years and a $500 to $3,000 fine, or refusal to certify a licensure application.	From two to five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.	From five year suspension to revocation and a $7,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to two (2) years suspension with a corrective action plan.	From two (2) years suspension with a corrective action plan to five (5) years suspension.	From five (5) years suspension to revocation.
(s) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. (Section 456.072(1)(l), F.S.)
Florida Licensee	From reprimand to suspension up to three years and a $3,000 to $10,000 fine, or refusal to certify a licensure application.	From probation to five years suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.	From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to five (5) years suspension with a corrective action plan.	From five (5) years suspension with a corrective action plan to revocation.	Revocation.
(t) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. (Section 456.072(1)(n), F.S.)
Florida Licensee	From reprimand to three year suspension and a $3,000 to $10,000 fine, or refusal to certify a licensure application.	From suspension up to five years and a $5,000 to $10,000 fine, or refusal to certify a licensure application.	From suspension to revocation and a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to five (5) years suspension with a corrective action plan.	From five (5) years suspension with a corrective action plan to revocation.	Revocation.
(u) Violating a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the Department. (Section 456.072(1)(q), F.S.)
Florida Licensee	Suspension until compliance and a $1,000 to $5,000 fine.	Suspension until compliance and a $3,000 to $10,000 fine.	Suspension until compliance and a $5,000 to $10,000 fine.
Registered Out-of-State Telehealth Provider	Suspension until the registrant is compliant.	Suspension until the registrant is compliant.	Revocation.
(v) Failing to identify through written notice, or orally to a patient the type of licensure under which the practitioner is practicing. (Section 456.072(1)(t), F.S.)
Florida Licensee	From letter of concern to reprimand and a $250 to $500 fine.	Reprimand and a $1,000 to $3,000 fine.	From reprimand to 6 month suspension and a $3,000 to $5,000 fine.
Registered Out-of-State Telehealth Provider	From letter of concern to reprimand.	From reprimand to sixty (60) day suspension with a corrective action plan.	From reprimand to one (1) year suspension.
(w) Testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug. (Section 456.072(1)(aa), F.S.)
Florida Licensee	Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a licensure application.	Suspension until deemed able to practice with reasonable skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension until deemed able to practice with reasonable skill and safety and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	Suspension until deemed able to practice with reasonable skill and safety.	From suspension until deemed able to practice with reasonable skill and safety to revocation.	From suspension until deemed able to practice with reasonable skill and safety to revocation.
(x) Violating any provision of this chapter, the applicable practice act, or any rules adopted pursuant thereto. (Section 468.719(1)(e), F.S.) (Section 456.072(1)(dd), F.S.)
Florida Licensee	From reprimand to three year suspension and a $3,000 to $5,000 fine, or refusal to certify a licensure application.	From reprimand to five year suspension and a $5,000 to $10,000 fine, or refusal to certify a licensure application.	From suspension to five years to revocation and a $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	From reprimand to five (5) years suspension with a corrective action plan.	From five (5) years suspension with a corrective action plan to revocation.	Revocation.
(y) Being terminated from a treatment program for impaired practitioners for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug treatment or alcohol treatment program. (Section 456.072(1)(hh), F.S.)
Florida Licensee	Suspension until deemed able to practice with reasonable skill and safety and a $500 to $2,500 fine, or refusal to certify a licensure application.	Suspension until deemed able to practice with skill and safety and a $2,500 to $5,000 fine, or refusal to certify a licensure application.	From suspension until deemed able to practice with reasonable to practice with skill and safety to revocation and a $5,000 to $10,000 fine, or refusal to certify a licensure application.
Registered Out-of-State Telehealth Provider	Suspension with a corrective action plan until deemed able to practice with reasonable skill and safety.	From suspension with a corrective action plan until deemed able to practice with reasonable skill and safety to revocation.	From suspension until deemed able to practice with reasonable skill and safety to revocation.
(z) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)
Florida Licensee	From letter of concern to probation, and a $500 to $1,000 fine.	From reprimand to suspension, and a $1,000 to $5,000 fine.	From suspension to revocation, and a $5,000 to $10,000 fine.
Registered Out-of-State Telehealth Provider	From reprimand to one (1) year suspension with a corrective action plan.	From reprimand to three (3) years suspension with a corrective action plan.	From three (3) years suspension with a corrective action plan to revocation.
(aa) 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 Licensee	From suspension to revocation and a $5,000 to $8,000 fine, or refusal to certify a licensure application. If fraudulent, fine shall be $10,000.	From suspension to revocation and a $8,000 to $10,000 fine, or refusal to certify a licensure application. If fraudulent, fine shall be $10,000.	Revocation and a $10,000 fine, or refusal to certify a license application. If fraudulent, fine shall be $10,000.
Registered Out-of-State Telehealth Provider	From ten (10) years suspension with a corrective action plan to revocation.	Revocation.	Revocation.

Fla. Admin. Code Ann. R. 64B33-5.001

Rulemaking Authority 456.079, 456.47(7), 468.705, 468.719 FS. Law Implemented 456.072, 456.079, 456.47, 468.719 FS.

New 10-22-02, Amended 1-16-07, 6-30-10, 12-19-12, Amended by Florida Register Volume 41, Number 246, December 22, 2015 effective 1/6/2016, Amended by Florida Register Volume 42, Number 183, September 20, 2016 effective 10/4/2016, Amended by Florida Register Volume 44, Number 030, February 13, 2018 effective 2/26/2018, Amended by Florida Register Volume 47, Number 188, September 28, 2021 effective 10/14/2021.

New 10-22-02, Amended 1-16-07, 6-30-10, 12-19-12, 1-6-16, 10-4-16, 2-26-18, 10-14-21.