1. (1) Purpose. The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants, registrants or licensees whom it regulates under Chapter 483, Part II, F.S., or a telehealth provider registered under section 456.47(4), F.S. The purpose of this rule is to notify applicants, registrants 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 and also are provided for repeat violations; 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, registrants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, registrants or licensees from violations. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

2. (2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For registrants or licensees, the imposition of probation as a penalty shall ordinarily require compliance with conditions such as restitution, continuing education and/or training, indirect or direct supervision by a Board-approved monitor, restrictions on practice, submission of reports, appearances before the Board, and/or hours of community service. As appropriate, such conditions of probation also shall be required following any period of suspension. In addition to any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. In imposing discipline pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by Section 456.072(2), F.S., within the range corresponding to the violations set forth below. Offense identifications are descriptive only; the full language of each statutory provision must be considered in order to determine the conduct included.

   1. (a) Section 483.825(1)(a) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

1. (b) Section 483.825(1)(b), F.S.: Engaging in or attempting to engage in, or representing oneself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to the license. If the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

1. (c) Section 483.825(1)(c), F.S.: Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting.

1. (d) Section 483.825(1)(d), F.S.: Performing a test and rendering a report thereon to a person not authorized by law to receive such services.

1. (e) Section 483.825(1)(e) or 456.072(1)(c), F.S.: Having been convicted of a crime relating to the practice or ability to practice or involving moral turpitude.

1. (f) Section 483.825(1)(f), F.S.: Having been adjudged mentally or physically incompetent.

1. (g) Section 483.825(1)(g), 483.825(1)(w), 456.072(1)(b), or 456.072(1)(dd), F.S.

   1. Violating or aiding and abetting in the violation of any provision of Chapter 456 or 483, Part II, F.S., or the rules adopted thereunder.

2. Section 456.072(1)(e) or 456.072(1)(s), F.S.: In the case of noncompliance with a continuing education or HIV/AIDS or domestic violence course requirement, which is not a citation offense under Section 456.072(3), F.S.

1. (h) Section 483.825(1)(h), F.S.: Reporting a test result when no laboratory test was performed on a clinical specimen.

1. (i) Section 483.825(1)(i) or 456.072(1)(m), F.S.: Knowingly advertising false services or credentials or making fraudulent misrepresentations or employing a trick or scheme.

1. (j) Section 483.825(1)(j) or 456.072(1)(f), F.S.: Having a license revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another jurisdiction.

1. (k) Section 483.825(1)(k) or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against one’s license as clinical laboratory personnel in another state, territory or country.

1. (l) Section 483.825(1)(l), 456.072(1)(aa) or 456.072(1)(z), F.S.: Being unable to perform or report clinical laboratory examination with reasonable skill and safety to patients 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 or 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.

1. (m) Section 483.825(1)(m) or 456.072(1)(p), F.S.: 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 or aiding unlicensed person to practice.

1. (n) Section 483.825(1)(n) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena.

1. (o) Section 483.825(1)(o) or 456.072(1)(i), F.S.: Failing to report a person in violation of Part I of Chapter 483 and 456, F.S., or the applicable rules.

1. (p) Section 483.825(1)(p) or 456.072(1)(l), F.S.: Negligent filing of false report.

1. (q) Section 483.825(1)(p), 456.072(1)(g), or 456.072(1)(l), F.S.: Willful filing of false report, impeding, or inducing another to file a false report. If the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.

1. (r) Section 483.825(1)(q), F.S.: Paying or receiving a kickback, bonus, or split fee arrangement.

1. (s) Section 483.825(1)(r) or 456.072(1)(n), F.S.: Exercising influence or exploitation for financial gain.

1. (t) Section 483.825(1)(s) or 456.072(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted or competent to perform.

1. (u) Section 483.825(1)(t) or 456.072(1)(a), F.S.: Misrepresenting or concealing a material fact or fraudulent representation.

1. (v) Section 483.825(1)(u) or 456.072(1)(r), F.S.: Improperly interfering with an investigation or disciplinary proceeding.

1. (w) Section 483.825(1)(v) or 456.072(1)(v), F.S.: Engaging or attempting to engage in sexual misconduct.

1. (x) Section 456.072(1)(k), F.S.: Failing to perform any legal obligation.

1. (y) Section 456.072(1)(hh), F.S.: Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, as described in Section 456.076, F.S., 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.

1. (z) Section 456.072(1)(ii), F.S., for 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 Medicaid program.

1. (aa) Section 456.072(1)(jj), F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

1. (bb) Section 456.072(1)(kk), F.S., for 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 particiapte in the program from which the practitioner was terminated has been restored.

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

1. (dd) Section 456.072(1)(rr), F.S., for failure to comply with the parental consent requirements of s. 1014.06.

1. (ee) Section 456.072(1)(ss), F.S., for being convicted or found guilty of entering a plea of guilty or nolo contender 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) or similar offense in another jurisdiction.

1. (ff) Section 456.0625, F.S., failure to tender charges for reimbursement to the patient no later than thirty (30) days after the date the health care practitioner determines that an overpayment was made.

1. (gg) Section 456.47(4)(i)1, F.S., by failing to notify the board, or the department if there is no board, of any adverse actions taken against his or her license.

1. (hh) Section 456.47(4)(i)2, F.S., by having restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.

1. (ii) Section 456.47(4)(i)3, F.S., by violating any of the requirements of section 456.47, F.S.

1. (3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. If the Board finds aggravating factors, the Board shall impose a more severe action against the license and a higher administrative fine. If the Board finds mitigating factors, the Board shall impose a less severe action against the license and a lower administrative fine. The Board shall consider as aggravating or mitigating factors the following:

   1. (a) The positive or negative intentions or motivations surrounding the Respondent’s actions or failure to act.
   2. (b) The severity of the actual or potential harm;
   3. (c) The extent to which the provisions of Chapter 483, F.S., were violated;
   4. (d) Actions taken by the licensee to correct the violation or to remedy complaints;
   5. (e) Any previous discipline imposed for violation of a different guideline by the licensee;
   6. (f) The financial benefit to the licensee of committing or continuing the violation.
   7. (g) Any other relevant mitigating or aggravating factors.
2. (4) Stipulations or Settlements. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary action by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.
3. (5) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Department to send a letter of guidance pursuant to Section 456.073(4), F.S., in any case for which it finds such action appropriate.
4. (6) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Department pursue collateral civil or criminal actions when appropriate.

Rulemaking Authority 456.0625(3), 456.079, 456.47(4), 456.47(7), 483.805(4) FS. Law Implemented 456.0625, 456.072, 456.079, 456.47(4), 483.825 FS. History–New 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, 11-25-08, 5-31-10, 3-27-18, 11-7-21, 3-15-26.