Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-31 - ANESTHESIOLOGIST ASSISTANTS › Section 64B8-31.010 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 456.072, F.S., 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
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
							 458.331(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 fine.
3. Obtaining or renewing a license by bribery or
							 fraud.
3. Revocation of the license and payment of a $10,
							 000 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
							 458.331(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
							 458.331(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
							 458.331(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
							 458.331(1)(e),
							 F.S.)
(e) From a letter of concern to probation and 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, and an administrative fine from $2, 500.00 to $5, 000.00.
(f) Aiding unlicensed practice.
(Section
							 456.072(1)(j),
							 F.S.);
(Section
							 458.331(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
							 458.331(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.
(Section
							 456.013(7),
							 F.S.)
(Section
							 456.033, F.S.)
(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
							 458.331(1)(h),
							 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 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.
(i) Kickbacks or split fee arrangements.
(Section
							 458.331(1)(i),
							 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.
(Section
							 456.072(1)(v),
							 F.S.)
(Section
							 458.329, F.S.)
(Section
							 458.331(1)(j),
							 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
							 458.331(1)(k),
							 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 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
							 458.331(1)(l),
							 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
							 458.331(1)(m),
							 F.S.)
(m) From a 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
							 458.331(1)(n),
							 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
							 458.331(1)(p),
							 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
							 458.331(1)(s),
							 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
							 458.331(1)(t),
							 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
							 458.331(1)(u),
							 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
							 458.331(1)(v),
							 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
							 458.331(1)(w),
							 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
							 458.331(1)(x),
							 (nn), 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
							 458.331(1)(y),
							 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
							 458.331(1)(z),
							 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
							 458.331(1)(dd),
							 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
							 458.331(1)(ee),
							 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 revocation or denial of licensure, and an administrative fine ranging
							 from $2, 500.00 to $5, 000.00.
(z) Use of amygdaline (laetrile).
(Section
							 458.331(1)(ff),
							 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
							 458.331(1)(gg),
							 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
							 458.331(1)(hh),
							 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
							 458.331(1)(ii),
							 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
							 458.331(1)(jj),
							 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.
(Section
							 456.018, F.S.)
(ee) Revocation or denial of licensure.
(ff) Using laser device or product without complying
							 with rules adopted pursuant to Section
							 501.122(2),
							 F.S.
(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
							 458.331(1)(mm),
							 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, 000.00 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
							 458.331(1)(kk),
							 F.S.)
(nn) From a reprimand to suspension or a denial of
							 licensure and an administrative fine ranging from $1, 000.00 to $2,
							 500.00.
(nn) From probation to revocation and an
							 administrative fine from $2, 500.00 to $5, 000.00.
(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
							 458.331(1)(tt),
							 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.
First Offense
Second Offense
Subsequent Offenses
(vv) Failure to comply with parental consent
							 requirements of Section
							 1014.06, F.S. (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 (6) 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 Section
							 456.074(5),
							 F.S. 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.