(1) Purpose. Pursuant to Florida Statutes § 456.072, the Boards provide within this rule disciplinary guidelines which shall be imposed upon anesthesiologist assistant applicants or licensees whom it regulates under Chapters 458 and 459, F.S. The purpose of this rule is to notify such applicants and licensees of the ranges of penalties which will routinely be imposed unless the Boards find 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; for multiple counts of the violated provisions or a combination of the violations the Boards shall consider a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between, including continuing medical education (CME). 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 anesthesiologist assistant applicants and licensees, in proceedings 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 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.
VIOLATIONS
RECOMMENDED PENALTIES

First Offense
Second Offense
Subsequent Offenses
(a) Attempting to obtain a license by bribery, fraud or through an error of the Department or the Board.
(Section 456.072(1)(h), F.S.);
(Section 459.015(1)(a), F.S.)

1. Attempting to obtain an initial license by bribery or fraud.
1. Denial of application and a $10,000.00 fine.

2. Attempting to renew a license by bribery or fraud.
2. Revocation of the license and payment of a $10,000.00 fine.

3. Obtaining or renewing a license by bribery or fraud.
3. Revocation of the license and payment of a $10,000.00 fine.

4. Obtaining or renewing a license through error of the Department of the Board.
4. Revocation.

(b) Action taken against license by another jurisdiction.
(Section 456.072(1)(f), F.S.);
(Section 459.015(1)(b), F.S.)
(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to reprimand through suspension and/or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $1,000.00 to $2,500.00

(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension and revocation until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $2,500.00 to $5,000.00.
1. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,000.00.
1. Revocation and an administrative fine of $10,000.00, or in the case of application for licensure, denial of licensure.

2. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts of $5,000.00 or less.
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure.

2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.
(c) Guilty of crime directly relating to practice or ability to practice.
(Section 456.072(1)(c), F.S.);
(Section 459.015(1)(c), F.S.)
(c) From reprimand to revocation or denial of license, and an administrative fine of $1,000.00 to $5,000.00.

(c) From probation to revocation or denial of the license, and an administrative fine of $2,500.00 to $5,000.00.
1. Involving a crime directly related to healthcare fraud in dollar amounts in excess of $5,000.00.
1. Revocation and an administrative fine of $10,000.00, or in the case of application for licensure, denial of licensure.

2. Involving a crime directly related to healthcare fraud in dollar amounts of $5,000.00 or less.
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in case of application for licensure, denial of licensure.

2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure.
(d) False, deceptive, or misleading advertising.
(Section 459.015(1)(d), F.S.)
(d) From a letter of concern to reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(d) From a letter of concern to reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.
(e) Failure to report another licensee in violation.
(Section 456.072(1)(i), F.S.);
(Section 459.015(1)(e), F.S.)
(e) From a letter of concern to probation an administrative fine ranging from $1,000.00 to $2,500.00, or denial of licensure.

(e) From reprimand to suspension or denial of licensure, an administrative fine from $2,500.00 to $5,000.00.
(f) Aiding unlicensed practice.
(Section 456.072(1)(j), F.S.);
(Section 459.015(1)(f), F.S.)
(f) From reprimand to suspension, followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(f) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(g) Failure to perform legal obligation.
(Section 456.072(1)(k), F.S.);
(Section 459.015(1)(g), F.S.)
(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial of licensure and an administrative fine from $1,000.00 to $5,000.00.

(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial and an administrative fine from $2,500.00 to $5,000.00.
1. Continuing medical education (CME) violations.
(Florida Statutes § 456.013(7));
(Florida Statutes § 456.033);
(Section 456.072(1)(e), F.S.);
(Section 456.072(1)(s), F.S.)
1. Document compliance with the CME requirements for the relevant period; AND:

1. Document compliance with the CME requirements for the relevant period; AND:
a. Failure to document required HIV/AIDS.
a. An administrative fine ranging from $250.00 to $500.00.

a. An administrative fine ranging from $500.00 to $1,000.00.
b. Failure to document required domestic violence CME or CME on the prevention of medical errors.
b. An administrative fine ranging from $250.00 to $500.00.

b. An administrative fine of $500.00 to $1,000.00.
(h) Filing a false report or failing to file a report as required.
(Section 456.072(1)(l), F.S.);
(Section 459.015(1)(i), F.S.)
(h) From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(h) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
1. Involving healthcare fraud in dollar amounts in excess of $5,000.00.
1. Revocation and an administrative fine of $10,000.00, or in the case of application for licensure, denial of licensure.

2. Involving healthcare fraud in dollar amounts of $5,000.00 or less.
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in case of application for licensure, denial of licensure.

2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure.
(i) Kickbacks or split fee arrangements.
(Section 459.015(1)(j), F.S.)
(i) A refund of fees paid by or on behalf of the patient and from a reprimand and an administrative fine of $1,000.00 to a reprimand and an administrative fine of $5,000.00, or denial of licensure.

(i) A refund of fees paid by or on behalf of the patient and from suspension to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(j) Sexual Misconduct.
(Florida Statutes § 450.0141);
(Section 456.072(1)(v), F.S.);
(Section 459.015(1)(l), F.S.)
(j) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(j) From suspension, to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(k) Deceptive, untrue, or fraudulent representations in the practice of medicine.
(Sections 456.072(1)(a), (m), F.S.);
(Section 459.015(1)(m), F.S.)
(k) From a letter of concern to revocation, or denial of licensure, and an administrative fine of $10,000.00.

(k) From probation or denial of licensure, and an administrative fine of $10,000.00 to revocation.
1. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts in excess of $5,000.00.
1. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

2. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts of $5,000.00 or less.
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure.

2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.
(l) Improper solicitation of patients.
(Section 459.015(1)(n), F.S.)
(l) From an administrative fine ranging from $1,000.00 to $5,000.00, and a reprimand to probation, or denial of licensure.

(l) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.
(m) Failure to keep legible written medical records.
(Section 459.015(1)(o), F.S.)
(m) From letter of concern to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(m) From a reprimand to suspension followed by probation, and an administrative fine ranging from $2,500.00 to $5,000.00, or denial of licensure.
1. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts in excess of $5,000.00.
1. Revocation and an administrative fine of $10,000.00 or in the case of application for licensure, denial of licensure.

2. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts of $5,000.00 or less.
2. An administrative fine of $10,000.00, and a reprimand to suspension of the license, or in the case of application for licensure, denial of licensure.

2. An administrative fine of $10,000.00, and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure.
(n) Exercising influence on patient for financial gain.
(Section 456.072(1)(n), F.S.);
(Section 459.015(1)(q), F.S.)
(n) Payment of fees paid by or on behalf of the patient and from a reprimand to probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.

(n) Payment of fees paid by or on behalf of the patient and from probation to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(o) Performing professional services not authorized by patient.
(Section 459.015(1)(s), F.S.)
(o) From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(o) From a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(p) Inability to practice medicine with skill and safety.
(Section 456.072(1)(z), F.S.);
(Section 459.015(1)(w), F.S.)
(p) From reprimand to suspension, which may be stayed to allow a period of probation with supervision, and a demonstration by the licensee of the ability to practice with reasonable skill and safety, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(p) From probation to revocation, until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by probation, or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.
(q)1. Malpractice: practicing below acceptable standard of care.
(Section 459.015(1)(x), F.S.)
(q)1. From a letter of concern to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(q)1. From reprimand to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
2. Gross Malpractice.
2. From probation to revocation or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

2. From suspension followed by probation to revocation or denial, and an administrative fine ranging from $2,500.00 to $5,000.00.
3. Repeated Malpractice.
3. From a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

3. From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(r) Performing of experimental treatment without informed consent.
(Section 459.015(1)(y), F.S.)
(r) From a letter of concern to suspension to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(r) From suspension to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(s) Practicing beyond scope permitted.
(Section 456.072(1)(o), F.S.);
(Section 459.015(1)(z), F.S.)
(s) From a letter of concern to reprimand and probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(s) From probation to suspension or revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(t) Delegation of professional responsibilities to unqualified person.
(Section 456.072(1)(p), F.S.);
(Section 459.015(1)(aa), F.S.)
(t) From reprimand to suspension, followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(t) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(u)1. Violation of law, rule, or failure to comply with subpoena.
(Sections 456.072(1)(b), (q), (dd), F.S.);
(Sections 459.015(1)(bb), (pp), F.S.)
(u)1. For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(u)1. From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
2. Violation of an order of the Board.
2. From a reprimand and an administrative fine of $1,000.00 to a reprimand, and an administrative fine of $5,000.00.

2. From a reprimand and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00 and probation.
(v) Conspiring to restrict another from lawfully advertising services.
(Section 459.015(1)(cc), F.S.)
(v) From a letter of concern to a reprimand and an administrative fine ranging from $1,000.00 to $2,500.00.

(v) From a reprimand and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00.
(w) Aiding an unlawful abortion.
(Section 459.015(1)(dd), F.S.)
(w) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(w) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(x) Failure to adequately supervise assisting personnel.
(Section 459.015(1)(hh), F.S.)
(x) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(x) From probation to suspension followed by probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(y) Improper use of substances for muscle building or enhancement of athletic performance.
(Section 459.015(1)(ii), F.S.)
(y) From a reprimand to suspension, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.

(y) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(z) Use of amygdaline (laetrile).
(Section 459.015(1)(v), F.S.)
(z) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(z) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(aa) Misrepresenting or concealing a material fact.
(Section 459.015(1)(jj), F.S.)
(aa) From a reprimand to probation, and an administrative fine ranging from $500.00 to $2,500.00, or the denial of licensure with the ability to reapply, upon payment of a $500.00 fine.

(aa) From probation to revocation or denial of licensure without the ability to reapply, and an administrative fine ranging from $500.00 to $5,000.00.
(bb) Improperly interfering with an investigation or a disciplinary proceeding.
(Section 456.072(1)(r), F.S.);
(Section 459.015(1)(kk), F.S.)
(bb) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(bb) From probation to revocation or denial of licensure without ability to reapply, and an administrative fine ranging from $2,500.00 to $5,000.00.
(cc) Failing to report any licensee who is in violation of law.
(Section 456.072(1)(i), F.S.);
(Section 459.015(1)(ll), F.S.)
(cc) From a letter of concern to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(cc) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(dd) Providing medical opinion without reasonable investigation.
(Section 459.015(1)(mm), F.S.)
(dd) From a letter of concern to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.

(dd) From probation to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.
(ee) Theft or reproduction of an examination.
(Florida Statutes § 456.018)
(ee) Revocation or denial of licensure.

(ff) Using laser device or product without complying with rules adopted pursuant to Florida Statutes § 501.122(2)
(Section 456.072(1)(d), F.S.)
(ff) From a letter of concern to a reprimand and an administrative fine ranging from $1,000.00 to $2,500.00.

(ff) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(gg) Having been found liable in a civil proceeding for filing a false complaint against another licensee.
(Section 456.072(1)(g), F.S.)
(gg) From probation to suspension or denial of licensure, and an administrative fine from $1,000.00 to $2,500.00.

(gg) From suspension to revocation and an administrative fine from $2,500.00 to $5,000.00.
(hh) Failure to provide patients with information regarding their patient rights.
(Section 456.072(1)(u), F.S.);
(Section 459.015(1)(oo), F.S.)
(hh) From a letter of concern to probation and an administrative fine ranging from $500.00 to $2,500.00.

(hh) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(ii) Using accident information for solicitation purposes.
(Section 456.072(1)(y), F.S.)
(ii) From a reprimand to suspension and an administrative fine ranging from $1,000.00 to $2,500.00.

(ii) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(jj) Testing positive on a preemployment or employee ordered drug screening.
(Section 456.072(1)(aa), F.S.)
(jj) From a letter of concern to probation or a denial of licensure and an administrative fine ranging from $500.00 to $2,500.00.

(jj) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(kk) Performing health care services on the wrong patient, wrong site, wrong procedure.
(Section 456.072(1)(bb), F.S.)
(kk) From a letter of concern, a minimum of five (5) hours of risk management education, and one (1) hour lecture on wrong-site surgery in the State of Florida, and a $1,000 fine to a $2,500.00 fine to a reprimand and probation and an administrative fine ranging from $1,000.00 to $2,500.00.

(kk) From a reprimand and probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(ll) Leaving a foreign body in a patient.
(Section 456.072(1)(cc), F.S.)
(ll) From a $1,000.00 to a $5,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, and
a one hour lecture to the staff of a Florida licensed healthcare facility on retained foreign body objects to revocation.

(ll) From a $7,500.00 fine, a reprimand and probation, or denial to revocation.
(mm) Intentionally submitting a personal injury protection claim, statement, or bill that has been “”upcoded,”” or claim, statement, or bill for services not rendered.
(Sections 456.072(1)(ee), (ff), F.S.)
(mm) From a reprimand to
probation and an administrative fine ranging from $1,000.00 to $2,500.00.

(mm) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(nn) Failing to report within 30 days action taken against one’s license in another jurisdiction.
(Section 456.072(1)(y), F.S.)
(nn) From a reprimand to suspension or a denial of licensure and an administrative fine ranging from $1000.00 to $2,500.00.

(nn) From probation to revocation and an administrative fine from $2,500.00 to $5,000.00.
(oo) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients.
(Section 456.072(1)(gg), F.S.)
(oo) From reprimand to probation, and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of licensure.

(oo) From probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.
(pp) Being terminated from a treatment program for impaired practitioners, for failure to comply with the terms of the monitoring or treatment contract or for not successfully completing any drug-treatment or alcohol-treatment program.
(Section 456.072(1)(hh), F.S.)
(pp) From suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $1,000.00 to $2,500.00, to revocation.

(pp) From suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $2,500.00 to $5,000.00, to revocation.
(qq) 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.)
(qq) Revocation and a fine of $10,000.00, or in the case of application for licensure, denial of license.

(rr) 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.)
(rr) From a letter of concern to probation, and a fine of $500.00 to $5,000.00.

(rr) From a reprimand to revocation, and a fine of $2,500.00 to $5,000.00.
(ss) 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.)
(ss) From a letter of concern to suspension, and a fine of $1,000.00 to $5,000.00.

(ss) From a reprimand to revocation, and a fine of $5,000.00 to $10,000.00.
(tt) 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.)
(tt) Revocation and a fine of $10,000.00, or in the case of application for licensure, denial of license.

(uu) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 459.015(1)(vv), F.S.)
(uu) From a letter of concern to a reprimand and an administrative fine in the amount of $1,000.00 to $5,000.00.

(uu) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.
(vv) Failure to comply with parental consent requirements of Florida Statutes § 1014.06
(Section 456.072(1)(rr), F.S.)
(vv) From a letter of concern and a fine of $1,000.00 to six (6) months’ probation and a $2,500 fine, or denial of licensure.
(vv) From a reprimand to one (1) year probation and an administrative fine of $2,500.00 to $5,000.00.
(vv) From six months’ probation to revocation and an administrative fine of $5,000.00 to $10,000.00, or denial of licensure.
(ww) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Florida Statutes § 456.074(5) or similar offense in another jurisdiction.
(Section 456.072(1)(ss), F.S.)
(ww) Revocation and a fine of $1,000.00 to $5,000.00, or denial of licensure.

(ww) Revocation and a fine of $5,000.00 to $10,000.00, or denial of licensure.
    (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:
    (a) Exposure of patients or public to injury or potential injury, physical or otherwise; none, slight, severe, or death;
    (b) Legal status at the time of the offense; no restraints, or legal constraints;
    (c) The number of counts or separate offenses established;
    (d) The number of times the same offense or offenses have previously been committed by the licensee or applicant;
    (e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;
    (f) Pecuniary benefit or self-gain inuring to the applicant or licensee;
    (g) Any other relevant mitigating factors.
    (4) The anesthesiologist assistant shall be disciplined by the Board when, after due notice and a hearing in accordance with the provisions of this rule, it shall find: that the anesthesiologist assistant has held himself out or permitted another to represent him as a licensed physician. If any person addresses the anesthesiologist assistant in a medical setting as “”Doctor,”” the anesthesiologist assistant must immediately inform that person that the anesthesiologist assistant is not a doctor. Upon a finding by the Board of failure to immediately inform the person, the following penalty shall be imposed: a letter of concern, a reprimand, a 60-day suspension and/or a fine up to $2,500.00; and for any subsequent offense, a fine up to $5,000.00 and/or revocation of the certificate.
Rulemaking Authority 456.079, 459.005, 459.015(5), 459.023 FS. Law Implemented 456.072, 456.079, 459.015(5), 459.023 FS. History-New 11-13-05, Amended 1-5-12, 7-3-12, 5-8-17, 11-21-21.