1. (1) When the Board finds any person has committed any of the acts set forth in Section 456.072(1) or 457.109(1), F.S., or a telehealth provider registered under Section 456.47(4), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines. The language identifying offenses below is descriptive only. The full language of each statutory provision cited must be consulted to determine the conduct included.

   1. (a) Attempting to obtain, obtaining, or renewing a license to practice acupuncture by: bribery, or fraudulent misrepresentations, or through an error of the Department or Board.

      (Sections 457.109(1)(a), 456.072(1)(h), F.S.)

      1. Error of the Department or Board

2. Bribery or fraudulent misrepresentation

1. (b) Having a license to practice acupuncture revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

   (Sections 457.109(1)(b), 456.072(1)(f), F.S.)

1. (c) Being convicted or found guilty of, or entering a plea of nolo contendre to, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of acupuncture or to the ability to practice acupuncture.

   (Sections 457.109(1)(c), 456.072(1)(c), F.S.)

1. (d) False, deceptive, or misleading advertising or advertising which claims that acupuncture is useful in curing any disease.

   (Section 457.109(1)(d), F.S.)

1. (e) Advertising, practicing, or attempting to practice under a name other than one’s own.

   (Section 457.109(1)(e), F.S.)

1. (f) Failing to report to the Department any person who the licensee knows is in violation of this chapter or of the rules of the Department or Board.

   (Sections 457.109(1)(f), 456.072(1)(i), F.S.)

1. (g) Aiding, assisting, procuring, employing, or advising any unlicensed person to practice acupuncture contrary to Chapter 457 or 456, F.S., or to a rule of the Department or Board.

   (Sections 457.109(1)(g), 456.072(1)(j), F.S.)

1. (h) Failing to perform any statutory or legal obligation placed upon a licensed acupuncturist.

   (Sections 457.109(1)(h), 456.072(1)(k), F.S.)

1. (i) Making or filing a report, signed in the capacity of a licensed acupuncturist, 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 do so.

   (Sections 457.109(1)(i), 456.072(1)(l), F.S.)

1. (j) Exercising influence within a patient-acupuncturist relationship for purposes of engaging a patient in sexual activity, or engaging or attempting to engage a patient in verbal or physical sexual activity.

   (Sections 457.109(1)(j), 456.072(1)(v), F.S.)

1. (k) Making misleading, deceptive, untrue, or fraudulent representations in or related to the practice of acupuncture or employing a trick or scheme in the practice of acupuncture when such scheme or trick fails to conform to the generally prevailing standards of treatment in the community.

   (Section 457.109(1)(k), F.S.)

1. (l) Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct.

   (Sections 457.109(1)(l), 456.072(1)(y), F.S.)

1. (m) Failing to keep written medical records which are consistent with the standard of care in acupuncture.

   (Section 457.109(1)(m), F.S.)

1. (n) Exercising influence on the patient to exploit the patient for the financial gain of the licensee or of a third party.

   (Sections 457.109(1)(n), 456.072(1)(n), F.S.

1. (o) Being unable to practice acupuncture with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition.

   (Sections 457.109(1)(o), 456.072(1)(z), F.S.)

1. (p) Gross or repeated malpractice or the failure to practice acupuncture with that level of care, skill, and treatment which is recognized by a reasonably prudent, similar acupuncturist as being acceptable under similar conditions and circumstances.

   (Section 457.109(1)(p), F.S.)

1. (q) 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 or she is not competent to perform.

   (Sections 457.109(1)(q), 456.072(1)(o), F.S.)

1. (r) Delegating or contracting for professional responsibilities by a person when the licensee delegating or contracting for such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

   (Sections 457.109(1)(r), 456.072(1)(p), F.S.)

1. (s) Violating any provision of Chapter 457 or 456, F.S., a rule of the Board or Department, or a lawful order of the Board previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.

   (Sections 457.109(1)(s), 456.072(1)(q), F.S.)

1. (t) Conspiring with another to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

   (Section 457.109(1)(t), F.S.)

1. (u) Fraud or deceit or gross negligence, incompetence, or misconduct in the operation of a course of study.

   1. Gross negligence, incompetence, or misconduct:

   (Section 457.109(1)(u), F.S.)

2. Fraud or deceit:

1. (v) Failing to comply with state, county, or municipal regulations or reporting requirements, relating to public health and the control of contagious and infectious diseases.

   (Section 457.109(1)(v), F.S.)

1. (w) Failing to comply with any rule of the Board relating to health and safety, including, but not limited to, the sterilization of needles and equipment and the disposal of potentially infectious materials.

   (Sections 457.072(1)(w), 456.072(1)(b), F.S.)

1. (x) Failing to comply with continuing education requirements, including requirements for HIV/AIDS education.

   (Sections 457.109(1)(x), 456.072(1)(b), and (e), F.S.)

1. (y) 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.)

1. (z) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

   (Section 456.072(1)(r), F.S.)

1. (aa) Failing to report to the Board in writing with 30 days after the licensee has been convicted or found guilty of, or entered a pleas of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

   (Section 456.072(1)(x), F.S.)

1. (bb) Using information about people involved in a motor vehicle accident which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to Section 316.066, F.S., or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of solicitation of the people involved in such accidents.

   (Section 456.072(1)(y), F.S.)

1. (cc) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, 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.

   (Section 456.072(1)(ii), F.S.)

1. (dd) Failing to comply with, failing to successfully complete or or being terminated from an impaired practitioner treatment program.

   (Section 456.072(1)(hh), F.S.)

1. (ee) 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.

   (Section 456.072(1)(jj), F.S.)

1. (ff) 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.

   (Section 456.072(1)(kk), F.S.)

1. (gg) 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 related to health care fraud. Section 456.072(1)(ll), F.S.

   (Section 456.072(1)(ll), F.S.)

1. (hh) 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.)

1. (ii) Providing information, including written documentation, indicating that a person has a disability or supporting a person’s need for an emotional support animal under Section 760.27, F.S., without personal knowledge of the person’s disability or disability-related need for the specific emotional support animal.

   (Section 456.072(1)(pp), F.S.)

1. (jj) Except as otherwise provided by law, failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.

1. (kk) 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 similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.

1. (ll) Failure to comply with s. 456.0625, relating to refunding overpayements to patients. (Section 456.072(1)(tt), F.S.)

1. (2) Based upon consideration of the following factors, the Board may impose disciplinary action other than those penalties recommended above:

   1. (a) The danger to the public;
   2. (b) The number of repetitions of offenses, other than an adjudicated offense for which the licensee is presently being penalized;
   3. (c) The length of time since date of violation;
   4. (d) The number of complaints filed against the licensee;
   5. (e) The length of time the licensee has practiced acupuncture;
   6. (f) The actual damage, physical or otherwise, to a patient;
   7. (g) The deterrent effect of the penalty imposed;
   8. (h) The effect of the penalty upon the licensee’s livelihood;
   9. (i) Any efforts for rehabilitation;
   10. (j) The actual knowledge of the licensee pertaining to the violation;
   11. (k) Attempts by the licensee to correct or stop a violation or refusal of a licensee to correct or stop a violation;
   12. (l) Any action relating to discipline or denial of a certificate or license in another state including, findings of guilt or innocence, standards applied, penalties imposed and penalties served.
2. (3) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the disciplinary guidelines and shall impose a penalty within the range corresponding to the violations. Any of the above penalties may may include continuing education. For applicants, any and all offenses listed herein are sufficient for refusal to certify an application for licensure. In addition to the penalty imposed, the Board shall recover the costs of investigation and prosecution of the case. Additionally, if the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refunds of fees billed and collected from the patient or a third party on behalf of the patient.
3. (4) The provisions of subsections (1) through (4), above, shall not be construed as to prohibit civil action or criminal prosecution as provided in Section 457.116 or 456.072, F.S., and the provision of subsections (1) through (4), above, shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(4), F.S.

4. (5) Telehealth guidelines.

   1. (a) The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, Letter of Concern, reprimand, suspension, and Revocation .
   2. (b) A suspension may be for a definite term or may be accompanied by a corrective action plan established by the Board.
   3. (c) A suspension for a definite term may be terminated early only upon aproval of the Board. A suspension accompanied by a corrective action plan may be terminated upon successful compliance with the corrective action plan or as otherwise determined by the Board.
   4. (d) A “corrective action plan” must accompany a suspension and must include rehabilitative provisions established by the Board which are narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. In order to satisfy a corrective action plan, the Registrant must provide proof of successful completion of all terms to the Board. A corrective action plan may follow a suspension for a definate term. Nothing in this provision shall be interpreted as restricting the Board’s ability to impose a suspension for a definite term absent, or accompanied by a correction action plan.

Rulemaking Authority 456.079(1), 456.47(7), 457.104 FS. Law Implemented 456.072, 456.079, 456.47(1)(e), 457.109 FS. History–New 12-8-86, Amended 8-6-89, Formerly 21AA-9.001, 61F1-9.001, Amended 11-21-95, Formerly 59M-9.001, Amended 8-3-00, 5-20-02, 5-24-04, 1-26-06, 5-2-12, 3-1-17, 2-27-18, 2-9-21, 9-22-21, 1-1-26.