(1) Purpose. The Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Florida Statutes Chapter 484, or a telehealth provider registered under Florida Statutes § 456.47(4) 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 and are also 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, licensees, or trainees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants, licensees, or trainees from violations.

Terms Used In Florida Regulations 64B6-7.002

  • Conviction: A judgement of guilt against a criminal defendant.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Subpoena: A command to a witness to appear and give testimony.
    (2) Violations and Range of Penalties. For applicants, all violations are sufficient for refusal to certify an application for licensure. For licensees or trainees, 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 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty as authorized by Florida Statutes § 456.072(2), within the range corresponding to the violations set forth below. Pursuant to Florida Statutes § 456.47, disciplinary guidelines for registered out-of-state telehealth providers may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board. 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:
    (a) Section 484.056(1)(a), F.S.: Violating Section 456.072(1), 484.0512, or 484.053, F.S.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine, restitution.
$1,500 fine, restitution, reprimand.
SECOND OFFENSE
Reprimand and $500 fine, restitution, 1 year probation.
$2,500 fine, restitution and 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $1,500 fine, restitution, 2 years probation.
$5,000 fine, restitution and revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension, corrective action plan.
Reprimand, 1 year suspension and corrective action plan.
SECOND OFFENSE
Reprimand and 2 years suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Revocation.
Revocation.
    (b) Section 484.056(1)(b) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license by bribery or fraudulent misrepresentation, or through an error of the board or department.
Bribery
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, $250 fine.
$1,000 fine, 1 year probation, or denial.
SECOND OFFENSE
Reprimand, $1,000 fine, 2 year suspension or denial.
$2,500 fine, 2 year suspension or denial.
ADDITIONAL OFFENSES
Revocation or denial.
Revocation or denial.
Fraudulent Misrepresentation
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, $10,000 fine, 1 year probation.
$10,000 fine, 1 year probation
SECOND OFFENSE
Reprimand, $10,000 fine, 1 year suspension.
Revocation and $10,000 fine..
ADDITIONAL OFFENSES
Revocation and $10,000 fine.
Revocation and $10,000 fine.
Error of the Department or Board
MINIMUM
MAXIMUM
FIRST OFFENSE
Letter of concern.
Revocation or denial.
SECOND OFFENSE
Letter of concern.
Revocation or denial.
ADDITIONAL OFFENSES
Letter of concern.
Revocation or denial.
TELEHEALTH REGISTRANTS
Bribery
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 6 month suspension
Revocation or denial
SECOND OFFENSE
Reprimand and 1 year suspension
Revocation or denial
ADDITIONAL OFFENSES
Revocation or denail
Revocation or denial
Fraudulent Misrepresentation
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, and 1 year suspension.
Revocation or denial.
SECOND OFFENSE
Reprimand and 2 year suspension.
Revocation or denial.
ADDITIONAL OFFENSES
Revocation or denial.
Revocation or denial.
Error of the Department or Board
MINIMUM
MAXIMUM
FIRST OFFENSE
Letter of Concern.
Revocation or denial.
SECOND OFFENSE
Letter of concern.
Revocation or denial.
ADDITIONAL OFFENSES
Letter of concern.
Revocation or denial.
    (c) Section 484.056(1)(c) or 456.072(1)(f), F.S.: Having a license revoked, suspended, denied, or otherwise acted against.

MINIMUM
MAXIMUM
FIRST OFFENSE
Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.
Revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Imposition of discipline comparable to the discipline that would have been imposed if the violation had occurred in Florida.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Action consistent with the disciplinary guidelines for a repeat offense had the violation occurred in Florida.
Revocation.
    (d) Section 484.056(1)(d) or 456.072(1)(c), F.S.: Being convicted or found guilty, or guilty or nolo plea, regardless of adjudication, of a crime related to the practice or ability to practice.

MINIMUM
MAXIMUM
Section 484.056(1)(d) or 456.072(1)(c), F.S.
MISDEMEANOR
Reprimand and $500 fine.
$2,500 fine and 1 year probation.
Section 484.056(1)(d) or 456.072(1)(c), F.S.
FELONY
Reprimand $2,500 fine, 1 year probation.
$5,000 fine, 1 year suspension.
Florida Statutes § 825.102 related to abuse, aggravated abuse, and neglect of an elderly person or disabled adult.
Reprimand and $5,000 fine, 2 years suspension.
Revocation.
Crimes related to fraud.
Reprimand and $10,000 fine.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
Section 484.056(1)(d) or 456.072(1)(c), F.S.
MISDEMEANOR
Reprimand and 6 month suspension.
Revocation.
Section 484.056(1)(d) or 456.072(1)(c), F.S.
FELONY
Reprimand and 1 year suspension.
Revocation.
Violation of law related to abuse, aggravated abuse, and neglect of an elderly person or disabled adult.
Reprimand and 2 years suspension.
Revocation.
Crimes related to fraud.
Revocation.
Revocation.
    (e) Section 484.056(1)(e) or 456.072(1)(l), F.S.: Negligently filing a false report. Willful filing or impeding or inducing another to file a false report.
Negligently Filing a False Report
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine.
$2,000 fine, 1 year probation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $1,000 fine.
$5,000 fine, 1 year suspension followed by probation.
Willful Filing or Impeding or Inducing Another to File a False Report
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $2,000 fine, 1 year probation.
$5,000 fine, 1 year suspension, followed by 6 month probation.
SECOND & SUBSEQUENT OFFENSES
Reprimand $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS
Negligently Filing a False Report
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and 1 year suspension, corrective action plan.
Revocation.
Willful Filing or Impeding or Inducing Another to File a False Report
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 1 year suspension.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (f) Section 484.056(1)(f) or 456.072(1)(m), F.S.: False/misleading advertisement or fraudulent representation.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine.
$5,000 fine, 1 year probation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $2,500 fine, 1 year probation.
$10,000 fine, revocation.
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 1 year suspension.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (g) Section 484.056(1)(g) or 456.072(1)(aa), F.S.: Fraud, deceit, negligence, incompetency, or misconduct in the practice.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine.
$5,000 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $5,000, 1 year suspension.
$10,000 fine, revocation.
ADDITIONAL OFFENSES
Reprimand and $10,000 and 2 years suspension.
$10,000 fine, revocation.
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 1 year suspension.
Revocation.
SECOND OFFENSE
Reprimand, 2 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Revocation.
Revocation.
    (h) Section 484.056(1)(h) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, $500 fine, compliance with prior order or subpoena.
$5,000 fine, suspension until compliance achieved with prior order or subpoena.
SECOND OFFENSE
Reprimand, $5,000 fine, suspension until compliance achieved with prior order or subpoena.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, suspension until compliance achieved with prior order or subpoena.
Revocation.
SECOND &
SUBSEQUENT OFFENSES
Reprimand, suspension until compliance achieved with prior order or subpoena.
Revocation.
    (i) Section 484.056(1)(i) or 456.072(1)(o), F.S.: Practicing with a suspended, inactive, or delinquent license or beyond the scope permitted by law.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine.
$5,000 fine, 1 year probation.
SECOND OFFENSE
Reprimand, $5,000 fine, 6 months suspension, 1 year probation.
$10,000 fine, revocation.
ADDITIONAL OFFENSES
Reprimand, $10,000 fine, 2 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand, 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand, 2 years suspension, corrective action plan.
Revocation.
    (j) Section 484.056(1)(j) or 456.072(1)(a), F.S.: Misleading advertising, guarantee, warranty, or representation.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine.
$5,000 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $1,500 fine, 6 months suspension.
$7,500 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $10,000 fine, 1 year suspension.
$10,000 fine, revocation.
* If the violation is for fraud or knowingly making a false or fraudulent representation, the fine shall be $10,000 per count or offense.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, corrective action plan.
1 year suspension, corrective action plan, revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (k) Section 484.056(1)(k), F.S.: Showing or delivering an unusable or impractical product.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine, restitution.
$5,000 fine, 1 year probation, restitution.
SECOND OFFENSE
Reprimand and $1,500 fine, 6 months suspension, restitution.
$5,000 fine, 1 year suspension, and restitution.
ADDITIONAL OFFENSES
Reprimand, $5,000 fine, 1 year suspension, restitution.
$10,000, revocation, restitution.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension, restitution.
Revocation, restitution.
SECOND OFFENSE
Reprimand and 1 year suspension, restitution.
Revocation, restitution.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, restitution.
Revocation, restitution.
    (l) Section 484.056(1)(l), F.S.: Misrepresentation of services available or terms or titles.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$1,000 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $1,000 fine, 2 years probation.
$2,500 fine, 6 month suspension.
ADDITIONAL OFFENSES
Reprimand and $2,500 fine, 1 year suspension.
$ 5,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, and 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension.
Revocation.
    (m) Section 484.056(1)(m), F.S.: Less than full disclosure of guarantee.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $500 fine, 2 years probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation..
    (n) Section 484.056(1)(n), F.S.: Bone conduction disclosure failures.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500 fine, 6 months probation.
SECOND OFFENSE
Reprimand and $500 fine, 1 year probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (o) Section 484.056(1)(o), F.S.: Making prognostications as to hearing impairment.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500, 1 year probation.
SECOND OFFENSE
Reprimand and $500 fine, 2 years probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 1 year suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (p) Section 484.056(1)(p), F.S.: Implying that use of a prescription hearing aid will improve or preserve hearing or retard impairment.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $500 fine, 1 year probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (q) Section 484.056(1)(q), F.S.: Making any statement regarding cure or cause of an impairment by use of a prescription hearing aid.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500, 1 year probation.
SECOND OFFENSE
Reprimand and $500 fine, 1 year probation.
$5,000 fine, 1 year of suspension.
ADDITIONAL OFFENSES
$5,000, 1 year suspension.
$10,000, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (r) Section 484.056(1)(r), F.S.: Representing aid is custom-made unless this is the case.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$2,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $500, 1 year probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (s) Section 484.056(1)(s), F.S.: Canvassing house to house to sell aids.

MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation.
Revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation.
Revocation.
    (t) Section 484.056(1)(t), F.S.: Failing to submit proof of testing and calibration of equipment.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500.
$1,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $1,500 fine, month suspension.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (u) Section 484.056(1)(u), F.S.: Failing to provide itemized listing of prices under Florida Statutes § 484.051(1)

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine, reprimand.
$1,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $500 fine, 1 year of probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (v) Section 484.056(1)(v), 456.072(1)(n) or 456.072(1)(u), F.S.: Exercising influence for financial gain or for other misconduct.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine, restitution.
$5,000 fine, restitution, and 1 year probation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $5,000 fine, 1 year suspension, restitution.
$10,000 fine, restitution, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
    (w) Section 484.056(1)(w), 456.072(1)(b), 456.072(1)(k) or 456.072(1)(cc), F.S.: Violating Chapter 484 or 456, F.S., or any of the rules adopted thereunder or failing to perform a legal obligation.

MINIMUM
MAXIMUM
FIRST OFFENSE
Letter of concern and/ or a $250 fine.
$1,000 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $1,000 fine, 1 year probation.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSE
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (x) Section 456.072(1)(i), F.S.: Failing to report a violator.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine, reprimand.
$1,500 fine, 1 year probation.
SECOND OFFENSE
Reprimand and $1,000 fine, 6 months suspension.
$5,000 fine, 1 year suspension.
ADDITIONAL OFFENSES
Reprimand and $7,500 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 months suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (y) Section 456.072(1)(j), F.S.: Aiding unlicensed person to practice.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine.
$5,000 fine, 3 months suspension, followed by 6 months probation.
SECOND OFFENSE
Reprimand and $1,500 fine, 6 months suspension followed by 1 year probation.
$5,000 fine, 1 year suspension, followed by 1 year probation.
ADDITIONAL OFFENSES
Reprimand and $5,000 fine, 1 year suspension, followed by 1 year probation.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (z) Section 456.072(1)(p), F.S.: Delegating duties to unqualified person.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine.
$5,000 fine, 6 months suspension, followed by 1 year probation.
SECOND OFFENSE
Reprimand and $1,500 fine, 6 months suspension, and 1 year probation.
$5,000 fine, 1 year suspension, followed by 2 year probation.
ADDITIONAL OFFENSES
Reprimand and $7,500 fine, 1 year suspension, followed by 1 year probation.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 6 months suspension, corrective action plan.
Revocation.
SECOND OFFENSE
Reprimand, and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (aa) Section 456.072(1)(r), F.S.: Interfering with investigation or proceeding.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $500 fine.
$5,000, 6 month suspension, followed by 1 year probation.
SECOND OFFENSE
Reprimand and $1,500 fine, 1 year of suspension folowed by 1 year probation.
$5,000 fine, 1 year suspension, followed by 2 year probation.
ADDITIONAL OFFENSES
Reprimand and $7,500 fine, 1 year suspension, followed by 2 year probation.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension, corrective action plan.
Revocation.
ADDITIONAL OFFENSES
Reprimand and 2 years suspension, corrective action plan.
Revocation.
    (bb) Section 456.072(1)(w), F.S.: Failing to report criminal conviction.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $250 fine.
$1,500 fine, continuing education.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $1,000 fine.
$7,500 fine, 1 year suspension.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand, 6 month suspension.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and 1 year suspension, corrective action plan.
Revocation.
    (cc) Section 456.072(1)(y), F.S.: Being unable to practice with reasonable skill and safety.

MINIMUM
MAXIMUM
FIRST & SUBSEQUENT OFFENSES
Suspension until PRN evaluation and required board appearance.
Revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation.
Revocation.
    (dd) Section 456.072(1)(ii), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime under 18 U.S.C. § 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.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $5,000 fine.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $10,000 fine, 2 years suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand and 2 years suspension with corrective action plan.
Revocation.
SECOND & SUBSEQUENT OFFENSES
Revocation.
Revocation.
    (ee) Section 456.072(1)(jj), F.S.: Failing to return an overpayment from the Medicaid program.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $1,000 fine, reimbursement of Medicaid in full.
$5,000 fine, suspension until the Medicaid program is reimbursed in full.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $5,000 fine, suspension until the Medicaid program is reimbursed in full.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST & SUBSEQUENT OFFENSES
Reprimand and suspension until the Medicaid program is reimbursed in full.
Revocation and requirement that Medicaid program be reimbursed in full.
    (ff) Section 456.072(1)(kk), F.S.: Being terminated from the state Medicaid program pursuant to Florida Statutes § 409.913.

MINIMUM
MAXIMUM
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE
Reprimand and fine $1,000 fine and/or 6 months probation.
Fine of $5,000, 6 months suspension, followed by 1 year probation.
IF TERMINATED FOR CAUSE OR SECOND & SUBSEQUENT OFFENSES
Revocation and $10,000 fine.
Revocation and $10,000.
TELEHEALTH REGISTRANTS
IF NOT TERMINATED FOR CAUSE, FIRST OFFENSE
Reprimand and 6 months suspension with corrective action plan.
Revocation.
IF TERMINATED FOR CAUSE OR SECOND & SUBSEQUENT OFFENSES
Revocation.
Revocation.
    (gg) Section 456.072(1)(ll), F.S.: Being convicted of, or entering a plea of guilty or nolo contendere to a crime related to health care fraud.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $10,000 fine, 1 year suspension.
$10,000 fine, revocation.
SECOND & SUBSEQUENT OFFENSES
Reprimand and $10,000 fine, 2 years suspension.
$10,000 fine, revocation.
FELONY
Chapter 409, Chapter 817, 21 U.S.C. ss. 801-907, or 42 U.S.C. ss.1395-1396
Reprimand and $10,000 fine, revocation.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST & SUBSEQUENT OFFENSES
Revocation.
Revocation.
FELONY
Chapter 409, Chapter 817, 21 U.S.C. ss. 801-907, or 42 U.S.C. ss.1395-1396
Revocation.
Revocation.
    (hh) Providing information, including written documentation, indicating that a person’s need for an emotional support animal under s.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.

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and $5,000 fine, 6 months suspension.
$10.000 fine, 1 year suspension.
SECOND OR SUBSEQUENT OFFENSE
Reprimand and $5,000 fine, 1 year suspension.
$10,000 fine, revocation.
TELEHEALTH REGISTRANTS

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and 1 year suspension with corrective action plan.
Revocation.
Second or Subsequent Offense
Reprimand and 2 year suspension with corrective action plan.
Revocation.
    (ii) Failure to comply with the parental consent requirements of Section 1014.06.
(Section 456.072(1)(rr), F.S.)

MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and fine of $250.
$500 fine and one (1) year probation.
SECOND OFFENSE
Reprimand, $500 fine and one (1) year of probation.
Revocation.
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand.
Suspension and a corrective action plan.
SECOND OFFENSE
Reprimnad, Suspension and a corrective action plan.
Revocation.
    (jj) Being convicted or found guilty of, entering a plea of guilty or nolo contedere to, 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) or 456.072(ss), F.S.

MINIMUM
MAXIMUM
FIRST OFFENSE
Revocation.
Revocation.
SECOND OFFENSE
Revocation.
Revocation.
TELEHEALTH REGISTRANTS

FIRST OFFENSE
Revocation.
Revocation.
SECOND OFFENSE
Revocation.
Revocation.
    (kk) Failure to display hyperlink on telehealth registrant’s website. (Section 456.47(4)(c), (F.S.)
TELEHEALTH REGISTRANTS

FIRST OFFENSE
Letter of Concern.
Suspension until compliant and a corrective action plan.
SECOND OFFENSE
Reprimand and suspension until compliant, and a corrective action plan.
Revocation.
    (ll) Failing to notify the board of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction within 5 business days after the restriction is placed or disciplinary action is initiated or taken. (Section 456.47(4)(d), F.S.)
TELEHEALTH REGISTRANTS

FIRST OFFENSE
Letter of Concern to suspension and a corrective action plan.
Revocation.
SECOND OFFENSE
Reprimand and suspension, and a corrective action plan.
Revocation.
    (mm) Opening an office in Florida or providing in-person healthcare services to patients in Florida. (Section 456.74(4)(f), F.S).
TELEHEALTH REGISTRANTS
MINIMUM
MAXIMUM
FIRST OFFENSE
Reprimand and suspension until compliant and a corrective action plan.
Revocation.
SECOND OFFENSE
Reprimand and 1 year suspension until compliant and corrective action plan to revocation of denial.
Revocation.
    (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 patient or public to injury or potential injury, physical or otherwise;
    (b) Legal status at the time of the offense: no restraints, or legal constraints;
    (c) The number of counts or separate offenses established;
    (d) Actions taken by the licensee to correct the violation or to remedy complaints;
    (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) Negligent actions resulting in financial harm to the patient;
    (h) Vulnerability of the patient due to age or disability.
    (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 actions by stipulation, agreed settlement, or consent order pursuant to Florida Statutes § 120.57(4)
    (5) Notices of Noncompliance and 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 or the Department to send a notice of noncompliance or a letter of guidance pursuant to Sections 456.073(3) and (4), F.S., in any case for which it finds such action appropriate.
    (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 456.47(7), 456.079 FS. Law Implemented 456.47, 456.079, 760.27 FS. History-New 2-11-87, Amended 2-16-89, Formerly 21JJ-7.005, Amended 8-18-93, 9-22-94, Formerly 61G9-7.005, Amended 11-11-02, 6-23-10, 10-21-12, 11-14-21, 5-7-23.

  Previous
Next  
 Chapter 64B6-7 Contents