1. (1) When the Board finds an applicant, licensee, registered intern, provisional licensee, or certificate holder whom it regulates under Chapter 491, F.S., or a telehealth provider registered under section 456.47(4), F.S., has committed any of the acts set forth in Section 456.072(1) or 491.009(1), F.S., it shall issue a final order imposing appropriate penalties as recommended in the following disciplinary guidelines.

   1. (a) Attempting to obtain, obtaining, or renewing a license under Chapter 491, F.S., by bribery or fraudulent misrepresentation or through an error of the Board or the Department.

      (Sections 456.072(1)(h) and 491.009(1)(a), F.S.)

1. (b) Having a license or certificate to practice a comparable profession or any regulated profession revoked, suspended, or otherwise acted against, including the denial of certification or licensure by another state, territory, or country.

   (Sections 456.072(1)(f) and 491.009(1)(b), F.S.)

1. (c) Being convicted or found guilty, regardless of adjudication, or having entered a plea of nolo contendere to, a crime in any jurisdiction which directly relates to the practice of the licensee’s profession or the licensee’s ability to practice that profession.

   (Sections 456.072(1)(c) and 491.009(1)(c), F.S.)

1. (d) False, deceptive, or misleading advertising or obtaining a fee or other thing of value on the representation that beneficial results from any treatment will be guaranteed.

   (Section 491.009(1)(d), F.S.)

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

   (Section 491.009(1)(e), F.S.)

1. (f) Maintaining a professional association with any person whom the applicant or licensee knows, or has reason to believe, is in violation of Chapter 491, F.S., or of a rule of the Department or this Board.

   (Section 491.009(1)(f), F.S.)

1. (g) Knowingly aiding, assisting, procuring, or advising a non-licensed person to hold oneself out as licensed under Chapter 491, F.S.

   (Sections 456.072(1)(j) and 491.009(1)(g), F.S.)

1. (h) Failing to perform any statutory or legal obligation placed upon a person licensed under Chapter 491, F.S.

   (Sections 456.072(1)(k) and 491.009(1)(h), F.S.)

1. (i) Willfully making or filing a false report or record; failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of a report or record; or inducing another person to make or file a false report or record or to impede or obstruct the filing of a report or record.

   (Sections 456.072(1)(l) and 491.009(1)(i), F.S.)

1. (j) Paying or receiving a kickback, rebate, bonus, or other remuneration for receiving a patient or client or referring a patient or client to another provider of mental health care services or to a provider of health care services or goods; referring a patient or client to oneself for services on a fee-paid basis when those services are already being paid for by some other public or private entity; or entering into a reciprocal referral agreement.

   (Section 491.009(1)(j), F.S.)

1. (k) Committing any act upon a patient or client, which would constitute sexual battery or which would constitute sexual misconduct.

   (Sections 456.072(1)(v) and 491.009(1)(k), F.S.)

1. (l) Making misleading, deceptive, untrue, or fraudulent misrepresentations in the practice of any profession licensed under Chapter 491, F.S., or employing a trick or scheme in or related to the practice of a profession.

   (Sections 456.072(1)(m) and 491.009(1)(l), F.S.)

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

   (Section 491.009(1)(m), F.S.)

1. (n) Failing to make available to a patient or client, upon written request, copies of tests, reports, or documents in the possession or under the control of the licensee which have been prepared for and paid for by the patient or client.

   (Section 491.009(1)(n), F.S.)

1. (o) Failing to respond within thirty (30) days to a written communication from the Department or the Board concerning any investigation by the Department or the Board, or failing to make available any relevant records with respect to the investigation about the licensee’s conduct or background.

   (Section 491.009(1)(o), F.S.)

1. (p) Being unable to practice the profession for which one is licensed under Chapter 491, F.S., with reasonable skill and competence as a result of any mental or physical condition or by reason of illness; drunkenness; or excessive use of drugs, narcotics, chemicals, or any other substance.

   (Sections 456.072(1)(z) and 491.009(1)(p), F.S.)

1. (q) Violating provisions of Chapter 491 or 456, F.S., or any rule adopted pursuant thereto.

   (Sections 456.072(1)(dd) and 491.009(1)(w), F.S.)

1. (r) Performing any treatment or prescribing any therapy which, by the prevailing standards of the mental health professions in the community would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

   (Section 491.009(1)(q), F.S.)

1. (s) Failing to meet the minimum standards of performance in professional activities when measured against generally prevailing peer performance, including the undertaking of activities for which the licensee is not qualified by training or experience.

   (Section 491.009(1)(r), F.S.)

1. (t) Delegating professional responsibilities to a person whom the licensee knows or has reason to know is not qualified by training or experience to perform such responsibilities.

   (Sections 456.072(1)(p) and 491.009(1)(s), F.S.)

1. (u) Violating a rule relating to the regulation of the profession or a lawful order of the Department or the Board previously entered in a disciplinary hearing.

   (Section 491.009(1)(t), F.S.)

1. (v) Failure of a licensee to maintain in confidence any communication made by a patient or client in the context of services, except by written permission or in the face of clear and immediate probability of bodily harm to the patient or client or to others.

   (Section 491.009(1)(u), F.S.)

1. (w) Making public statements which are derived from test data, client contacts, or behavioral research and which identify or damage research subjects or clients.

   (Section 491.009(1)(v), F.S.)

1. (x) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department or the agency against another licensee.

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

1. (y) Except as provided in Section 465.016, F.S., failing to report to the department any person whom the licensee knows is in violation of Chapter 456, Part II, Chapter 491, F.S., or the rules of the Department or the Board.

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

1. (z) Exercising influence on the client for the purpose of financial gain of the licensee or a third party.

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

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

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

1. (bb) Intentionally violating any rule adopted by the Board or the department, as appropriate.

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

1. (cc) 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.)

1. (dd) 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.)

1. (ee) Failing to comply with the requirements for profiling and credentialing, including, but not limited to, failing to provide initial information, failing to timely provide updated information, or making misleading, untrue, deceptive, or fraudulent representations on a profile, credentialing, or initial or renewal licensure application.

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

1. (ff) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents.

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

1. (gg) Failing to report to the Board 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.)

1. (hh) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.

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

1. (ii) Failing to inform the department of any change of address of either the place of practice or current mailing address of any applicant or licensee.

   (Section 456.035, F.S.)

1. (jj) 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.

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

1. (kk) Being convicted of, or entering a plea of guilty or nolo contendre 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. (ll) Failing to remit the sum owed to the state for any overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement.

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

1. (mm) 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 practicipate in the program from which the practitioner was terminated has been restored.

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

1. (nn) 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.)

1. (oo) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice – regarding emergency services and insurance billing.

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

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

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

1. (qq) Failure to comply with the parental consent requirements of Section 1014.06, F.S.

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

1. (rr) Being convicted or found guilty of, entering a plea of guilty or nolo contendere, regardless of adjudication, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation 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.)

1. (ss) Failure to comply with s. 456.0625, relating to refunding overpayment to patients.

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

1. (2) In instances when a registrant or applicant is found guilty of any of the above offenses involving fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count or offense.

2. (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. The Board shall consider as aggravating or mitigating factors the following:

   1. (a) The danger to the public;
   2. (b) The length of time since the date of the violation(s);
   3. (c) Prior discipline imposed upon the licensee;
   4. (d) The length of time the licensee has practiced;
   5. (e) The actual damage, physical or otherwise, to the patient;
   6. (f) The deterrent effect of the penalty imposed;
   7. (g) The effect of the penalty upon the licensee’s livelihood;
   8. (h) Any efforts for rehabilitation;
   9. (i) The actual knowledge of the licensee pertaining to the violation;
   10. (j) Attempts by the licensee to correct or stop violations or failure of the licensee to correct or stop violations;
   11. (k) Related violations against the licensee in another state, including findings of guilt or innocence, penalties imposed and penalties served;
3. (4) The provisions of subsections (1) through (2), above, shall not be constructed so as to prohibit civil action or criminal prosecution as provided in Section 456.072 or 491.012, F.S., and the provisions of subsections (1) and (2), 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.

Rulemaking Authority 456.079, 491.004(5) FS. Law Implemented 456.072, 456.079, 491.009 FS. History–New 3-5-89, Amended 1-3-91, 6-1-92, Formerly 21CC-5.001, Amended 1-9-94, Formerly 61F4-5.001, Amended 12-22-94, Formerly 59P-5.001, Amended 12-11-97, 10-1-00, 2-5-01, 10-15-02, 3-27-05, 1-16-06, 4-6-10, 5-22-12, 12-7-17, 3-11-21, 12-8-21, 11-18-24, 5-1-25, 9-4-25, Technical Change 11-3-25, 1-1-26.