Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 456.079, F.S., the Board
				provides within this rule disciplinary guidelines which shall be imposed upon
				applicants or licensees whom it regulates under Chapter 458, F.S., or
				telehealth providers registered under Section
				456.47(4), F.S.
				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; 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, including appropriate continuing medical
				education (CME). For telehealth registrants, a suspension may be accompanied by
				a corrective action plan that addresses the conduct which resulted in the
				underlying disciplinary violations. The Board may require a corrective action
				plan to be completed prior to reinstatement of the suspended registration or
				the corrective action plan may follow a suspension for a definite term. 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 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. In addition to the guideline penalties provided herein, if the
				violation is for fraud or making a false or fraudulent representation, the
				Board shall impose a fine of $10, 000 per count. In no event for the penalties
				set forth below shall the fine exceed $10, 000.00 per count.
RECOMMENDED RANGE OF PENALTY
FOR TELEHEALTH REGISTRANTS
VIOLATION
(a) Attempting to obtain, obtaining or renewing a
							 license or certificate by bribery, fraud or through an error of the Department
							 or the Board.
(Sections 458.331(1)(a);
456.072(1)(h),
							 F.S.)
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
FIRST OFFENSE
SECOND OR SUBSEQUENT OFFENSE
1. Attempting to obtain an initial license by bribery
							 or fraud.
1. Denial of application and a $10, 000.00
							 fine.
1. Denial of
application.
2. Attempting to renew a license by bribery or
							 fraud.
2. Revocation of the license and payment of a $5,
							 000.00 fine to revocation and a $10, 000.00 fine. If the offense includes an
							 element of fraud or making a false or fraudulent representation the fine shall
							 be 10, 000.00.
2. Revocation and a $10, 000.00 fine.
2. Revocation
2. Revocation
3. Obtaining or renewing a license by bribery or
							 fraud.
3. Revocation of the license and payment of a $5,
							 000.00 fine to revocation and a $10, 000.00 fine. If the offense includes an
							 element of fraud or making a false or fraudulent representation the fine shall
							 be 10, 000.00.
3. Revocation and a $10, 000.00 fine.
3. Revocation
3. Revocation
4. Obtaining or renewing a license through error of
							 the Department or the Board.
4. Revocation.
4. Revocation.
4. Revocation
4. Revocation
(b) Action taken against license by another
							 jurisdiction.
(Sections 458.331(1)(b);
456.072(1)(f);
456.47(4)(d),
							 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 suspension 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 $5, 000.00.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to revocation or denial of the license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to suspension or denial of the license until the license is
							 unencumbered in the jurisdiction in which disciplinary action was originally
							 taken.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to revocation or denial of the license.
1. Action taken against license by another
							 jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,
							 000.00.
1. Revocation or in the case of application for
							 licensure, denial of licensure, and a fine of $10, 000.00.
1. Revocation 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. A $10, 000.00 administrative fine and suspension
							 of the license, followed by a period of probation to revocation.
2. Revocation or denial and a fine of $10,
							 000.00.
2. A suspension of license with a corrective action
							 plan to revocation.
2. Revocation or denial.
(c) Guilty of crime directly relating to practice or
							 ability to practice.
(Sections 458.331(1)(c);
456.072(1)(c),
							 F.S.)
(c) From probation to revocation or denial of the
							 license, an administrative fine ranging from $5, 000.00 to $10, 000.00.
(c) From suspension to revocation or denial of the
							 license, an administrative fine ranging from $7, 500.00 to $10, 000.00.
(c) From a reprimand to revocation or denial.
(c) From suspension to revocation or denial.
1. Involving a crime related to healthcare fraud in
							 dollar amounts in excess of $5, 000.00.
1. Revocation or in the case of application for
							 licensure, denial of licensure and a fine of $10, 000.00
1. Revocation or denial.
2. Involving a crime related to healthcare fraud in
							 dollar amounts of $5, 000.00 or less.
2. A $10, 000.00 administrative fine, compliance with
							 any
criminal probation, a reprimand and suspension of the
							 license, followed by a period of probation to revocation.
2. Revocation and a fine of $10, 000.00.
2. Suspension of license with a corrective action
							 plan to revocation.
2. Revocation.
(d) False, deceptive, or misleading
							 advertising.
(Section
							 458.331(1)(d),
F.S.)
1. Negligent false, deceptive, or misleading
							 advertising.
(Section 458.331(1)(d), F.S.)
1. From a letter of concern to one (1) year
							 suspension or denial, to be followed by a period of probation, and an
							 administrative fine from $1, 000.00 to $5, 000.00.
1. From reprimand to up to one (1) year suspension or
							 denial, to be followed by a period of probation, and an administrative fine
							 from $5, 000.00 to $10, 000.00.
1. From a letter of concern to one (1) year
							 suspension with a corrective action plan or denial.
1. From a reprimand to up to one (1) year suspension
							 with a corrective action plan or denial.
2. Fraudulent false, deceptive or misleading
							 advertising.
2. From reprimand to up to one (1) year suspension or
							 denial, to be followed by a period of probation, and an administrative fine of
							 $10, 000.00.
2. From suspension, to be followed by a period of
							 probation, up to revocation, and a fine of $10, 000.00.
2. From reprimand to up to one (1) year suspension
							 with a corrective action plan or denial.
2. From suspension with a corrective action plan to
							 revocation.
(e) Failure to report another licensee in
							 violation.
(Sections 458.331(1)(e);
456.072(1)(i),
							 F.S.)
(e) From a letter of concern to probation or denial,
							 and an administrative fine from $1, 000.00 to $5, 000.00.
(e) From probation to suspension or denial, and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(e) From letter of concern to suspension with a
							 corrective action plan or denial.
(e) From a suspension with a corrective action plan
							 to revocation.
(f) Aiding unlicensed practice.
(Sections 458.331(1)(f);
456.072(1)(j),
							 F.S.)
(f) From probation to revocation or denial and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(f) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $7, 500.00
							 to $10, 000.00.
(f) From suspension with corrective action plan to
							 revocation or denial.
(f) From suspension to revocation or denial.
(g) Failure to perform legal obligation.
(Sections 458.331(1)(g);
456.072(1)(k),
							 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 letter of concern to revocation or denial, and an administrative fine from
							 $5, 000.00 to $10, 000.00, unless otherwise provided by law.
(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 $7, 500.00
							 to $10, 000.00, unless otherwise provided by law.
(g) For any offense not specifically listed herein,
							 based upon the severity of the offense and the potential for patient harm, from
							 a letter of concern to revocation or denial, unless otherwise provided by
							 law.
(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, unless otherwise provided by law.
1. Failing to register a laser device.
(Section
							 456.072(1)(d),
							 F.S.)
1. If the device is an approved device, from an
							 administrative fine of $1, 000.00 to $5, 000.00; if the device is not approved,
							 from an administrative fine from $5, 000.00 to a suspension or denial, and an
							 administrative fine of $10, 000.00.
1. If the device is an approved device, from a
							 reprimand to probation or restriction of practice, and an administrative fine
							 of $5, 000.00 to $10, 000.00; if the device is not approved, from suspension to
							 revocation and an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
2. Continuing medical education (CME)
							 violations.
(Sections 456.072(1)(e);
456.072(1)(s),
							 F.S.)
2. Within twelve months of the date of the filing of
							 the final order, the licensee must submit certified documentation of completion
							 of all CME requirements for the period for which the citation was issued; prior
							 to renewing the license for the next biennium, Respondent must document
							 compliance with the CME requirements for the relevant period; AND:
2. Within twelve months of the date of the filing of
							 the final order, the licensee must submit certified documentation of completion
							 of all CME requirements for the period for which the citation was issued; prior
							 to renewing the license for the next biennium, Respondent must document
							 compliance with the CME requirements for the relevant period; AND:
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
a. Failure to document required HIV/AIDS and related
							 infections of TB or domestic violence or medical errors CME, or substituted
							 end-of-life care CME.
a. An administrative fine of $500.00 to $1,
							 000.00.
a. A reprimand and an administrative fine of $1,
							 000.00 to $5, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
b. Failure to document required HIV/AIDS and related
							 infections of TB and failure to document domestic violence and failure to
							 document medical errors CME.
b. An administrative fine of $1, 000.00 to $2,
							 000.00.
b. A reprimand and an administrative fine of $5,
							 000.00 to $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
c. Failure to document some, but not all CME
							 hours.
c. An administrative fine of $100.00 per hour not
							 documented.
c. A reprimand and an administrative fine of $500.00
							 per hour not documented.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
d. Failure to document any CME hours.
d. A reprimand and an administrative fine from $5,
							 000.00 to $10, 000.00
d. Suspension until documentation of completion, a
							 reprimand and an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
3. Failing to comply with the requirements for
							 profiling and credentialing.
(Section 456.039,
F.S.);
(Sections 456.072(1)(w);
458.319, F.S.);
a. Involving a violation of any provision of Chapter
							 456, F.S., for failing to comply with the requirements for profiling and
							 credentialing, by failing to timely provide updated information, on a profile,
							 credentialing, or initial or renewal licensure application, not appropriate for
							 a notice of noncompliance.
a. If the licensee complies within six (6) months of
							 the violation, then an administrative fine of up to $2, 000.00; if compliance
							 after six (6) months, an administrative fine of up to $5, 000.00 and a
							 reprimand.
a. If the licensee complies within six (6) months of
							 the violation, then a reprimand and an administrative fine from $5, 000.00 to
							 $10, 000.00; if compliance after six (6) months, from suspension to revocation
							 and an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
b. Involving violations of any provision of Chapter
							 456, F.S., for making misleading, untrue, deceptive or fraudulent
							 representations on a profile, credentialing, or initial or renewal licensure
							 application.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(I) Negligently making misleading or untrue
							 representations on a profile, credentialing, or initial licensure or renewal
							 application.
(I) From a $1, 000.00 fine and 3 hours CME on ethics
							 to suspension, to be followed by a period of probation, and a reprimand, and a
							 $5, 000.00 administrative fine.
(I) From suspension, to be followed by a period of
							 probation, and a reprimand, and a $10, 000.00 fine to revocation or
							 denial.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(II) Fraudulently making misleading, untrue,
							 deceptive or fraudulent representations on a profile, credentialing, or initial
							 licensure or renewal application.
(II) Referral to State Attorney for prosecution
							 pursuant to Sections 456.067 and
							 456.066, F.S., and from
							 suspension, to be followed by a period of probation, and a reprimand and a $10,
							 000.00 fine to revocation or denial and a $10, 000 fine.
(II) Referral to State Attorney for prosecution and
							 revocation or denial and a $10, 000.00 fine.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
4. Failing to report to the board within 30 days
							 after the licensee has been convicted of a crime in any jurisdiction.
							 Convictions prior to the enactment of this section not reported in writing to
							 the board, on or before October 1, 1999.
(Section
							 456.072(1)(x),
							 F.S.)
4. From an Administrative fine of $2, 000.00 to a
							 fine of $5, 000.00 and a reprimand or denial.
4. From suspension, to be followed by a period of
							 probation to revocation and an administrative fine from $5, 000.00 to $10,
							 000.00.
4. From a letter of concern to a reprimand or
							 denial.
4. From suspension to revocation.
5. Failing to comply with obligations regarding
							 ownership and control of medical records, patient records; report or copies of
							 records to be furnished.
(Section
							 456.057, F.S.)
5. From a letter of concern to two (2) years
							 suspension followed by probation or denial and an administrative fine from $1,
							 000.00 to $5, 000.00.
5. From a reprimand to two (2) years suspension
							 followed by probation, and an administrative fine from $5, 000.00 to $10,
							 000.00.
5. From a letter of concern to two (2) years
							 suspension with corrective action plan or denial.
5. From a reprimand to two (2) years suspension with
							 corrective action plan.
6. Failing to maintain confidentiality of
							 communication between a patient and a psychiatrist.
(Section
							 456.059, F.S.)
6. From a $5, 000.00 administrative fine and a
							 reprimand to suspension, to be followed by a period of probation, and a $10,
							 000.00 administrative fine or denial.
6. From suspension, to be followed by a period of
							 probation, to revocation.
6. From a reprimand to suspension with corrective
							 action plan or denial.
6. From suspension to revocation.
7. Failing to report final disposition of
							 professional liability claims and actions.
(Section
							 456.049, F.S.)
7. If the licensee complies within six (6) months of
							 the violation then an administrative fine of up to $2, 000.00; if compliance
							 after six (6) months, an administrative fine of up to $5, 000.00 and a
							 reprimand.
7. If the licensee complies within six (6) months of
							 the violation, then a reprimand and an administrative fine from $5, 000.00 to
							 $10, 000.00; if compliance after six (6) months, from suspension, to be
							 followed by a period of probation, to revocation and an administrative fine of
							 $10, 000.00.
7. If the licensee complies within six (6) months of
							 the violation then a letter of concern; if compliance after six (6) months, a
							 reprimand.
7. If the licensee complies within six (6) months of
							 the violation then a reprimand; if compliance after six (6) months, from
							 suspension to revocation.
8. Failing to disclose financial interest to
							 patient.
(Section
							 456.052, F.S.)
8. A refund of fees paid by or on behalf of the
							 patient and from an administrative fine of $1, 000.00 and an administrative
							 fine of $5, 000.00.
8. A refund of fees paid by or on behalf of the
							 patient and from restriction of practice, and an administrative fine of $5,
							 000.00 to a reprimand, and an administrative fine of $10, 000.00.
8. A refund of fees paid by or on behalf of the
							 patient and a letter of concern to a reprimand.
8. A refund of fees paid by or on behalf of the
							 patient and reprimand to a suspension.
9. Failing to comply with the requirements for
							 qualified physicians or medical directors required by Section
							 381.986(3),
							 F.S.
(Section
							 456.072(1)(k),
							 F.S.
9. A letter of concern, and an administrative fine of
							 $1, 000.00 to probation and an administrative fine of $5, 000.00.
9. A reprimand, and an administrative fine of $5,
							 000.00 to revocation and an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(h) Filing a false report or failing to file a report
							 as required.
(Sections 458.331(1)(h);
456.072(1)(l),
							 F.S.)
1. Negligently filing a false report or failing to
							 file a report as required.
1. From a letter of concern or denial to one (1) year
							 probation, and an administrative fine from $1, 000.00 to $5, 000.00.
1. From one (1) year probation to revocation or
							 denial and an administrative fine from $5, 000.00 to $10, 000.00.
1. From a letter of concern to a reprimand or
							 denial.
1. From a reprimand to revocation.
2. Fraudulently filing a false report or failing to
							 file a report as required.
2. From one (1) year probation to revocation or
							 denial and a $10, 000.00 fine.
2. From suspension, to be followed by a period of
							 probation, to revocation and a $10, 000.00 fine.
2. From a reprimand to revocation or denial.
2. From suspension to revocation.
(i) Kickbacks or split fee arrangements.
(Sections 458.331(1)(i);
456.054, F.S.)
(i) A refund of fees paid by or on behalf of the
							 patient, and from six (6) months suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $5, 000.00
							 to $10, 000.00.
(i) A refund of fees paid by or on behalf of the
							 patient, and from a two (2) year suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $7, 500.00
							 to $10, 000.00.
(i) A refund of fees paid by or on behalf of the
							 patient, and from six (6) months suspension with a corrective action plan, to
							 revocation or denial.
(i) A refund of fees paid by or on behalf of the
							 patient, and from a two (2) year suspension with a corrective action plan, to
							 revocation.
(j) Sexual misconduct.
(Sections 458.331(1)(j);
458.329;
456.072(1)(v),
							 F.S.)
(j) From one (1) year suspension to be followed by a
							 period of probation and a reprimand, and an administrative fine of$5, 000.00 to
							 revocation or denial and an administrative fine of $10, 000.00.
(j) Revocation.
(j) From one (1) year suspension with a corrective
							 action plan, and a reprimand, to revocation or denial.
(j) Revocation.
(k) Deceptive, untrue, or fraudulent representations
							 in the practice of medicine.
(Sections 458.331(1)(k);
456.072(1)(a), (m),
F.S.)
(k) From probation to revocation or denial, and an
							 administrative fine from $5, 000.00 to $10, 000.00. If the offense includes an
							 element of fraud or making a false or fraudulent representation the fine shall
							 be $10, 000.00.
(k) From suspension, to be followed by a period of
							 probation, to revocation or denial, and an administrative fine from $7, 500.00
							 to $10, 000.00. If the offense includes an element of fraud or making a false
							 or fraudulent representation the fine shall be $10, 000.00.
(k) From a reprimand to revocation or denial.
(k) From suspension with a corrective action plan, to
							 revocation.
(l) Improper solicitation of patients.
(Section
							 458.331(1)(l),
							 F.S.)
(l) From one (1) year suspension, to be followed by a
							 period of probation, to revocation or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(l) From one (1) year suspension, to be followed by a
							 period of probation, to revocation or denial and an administrative fine from
							 $7, 500.00 to $10, 000.00.
(l) From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
(l) From suspension with a corrective action plan, to
							 revocation.
(m) Failure to keep appropriate written medical
							 records.
(Sections
							 458.331(1)(m),
							 F.S.;
456.47(3),
							 F.S.)
(m) From a reprimand to denial or two (2) years
							 suspension followed by probation, and an administrative fine from $1, 000.00 to
							 $5, 000.00.
(m) From probation to suspension followed by
							 probation or denial, and an administrative fine from $5, 000.00 to $10,
							 000.00.
(m) From a reprimand to two (2) years suspension with
							 a corrective action plan or denial.
(m) From six (6) month suspension with a corrective
							 action plan to (2) years suspension with a corrective action plan.
(n) Exercising influence on patient for financial
							 gain.
(Sections 458.331(1)(n);
456.072(1)(n),
							 F.S.)
(n) Payment of fees paid by or on behalf of the
							 patient and from probation to two (2) years suspension, to be followed by a
							 period of probation, or denial and an administrative fine from $5, 000.00 to
							 $10, 000.00.
(n) Payment of fees paid by or on behalf of the
							 patient and from suspension, to revocation or denial and an administrative fine
							 of $10, 000.00.
(n) Payment of fees paid by or on behalf of the
							 patient and from three (3) month suspension with a corrective action plan to
							 two (2) years suspension with a corrective action plan or denial.
(n) Payment of fees paid by or on behalf of the
							 patient and from two (2) year suspension to revocation or denial.
(o) Improper advertising of pharmacy.
(Section 458.331(1)(o),
F.S.)
(o) From a reprimand and $250.00 fine or denial to
							 one year probation, to be followed by a period of probation, and an
							 administrative fine from $250.00 to $5, 000.00.
(o) From probation, to suspension, to be followed by
							 a period of probation, or denial and an administrative fine of $5, 000.00 to
							 $10, 000.00.
(o) From a reprimand to suspension to with a
							 corrective action plan or denial.
(o) From one (1) month suspension with a corrective
							 action plan to six (6) month suspension to be followed by a corrective action
							 plan.
(p) Performing professional services not authorized
							 by patient.
(Section 458.331(1)(p),
F.S.)
(p) From a reprimand to two (2) years suspension, to
							 be followed by a period of probation or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(p) From probation to revocation and an
							 administrative fine of $7, 500.00 to $10, 000.00.
(p) From a reprimand or denial to two (2) years
							 suspension with a corrective action plan or denial.
(p) From suspension with a corrective action plan to
							 revocation or denial.
(q) Inappropriate or excessive prescribing.
(Section 458.331(1)(q),
F.S.)
(q) From one (1) year probation to revocation or
							 denial and an administrative fine from $5, 000.00 to 10, 000.00.
(q) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $7, 500.00
							 to $10, 000.00.
(q) From a three (3) month suspension with a
							 corrective action plan to revocation or denial.
(q) From one (1) year suspension with a corrective
							 action plan, revocation or denial.
(r) Prescribing or dispensing of a scheduled drug by
							 the physician to himself.
(Section 458.331(1)(r),
F.S.)
(r) From one (1) year probation to revocation or
							 denial and an administrative fine from $1, 000.00 to $5, 000.00, and a mental
							 and physical examination.
(r) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $5, 000.00
							 to $10, 000.00, and a mental and physical examination.
(r) From a 14 day suspension with a corrective action
							 plan to revocation and a mental and physical examination.
(r) From a 3 month suspension with a corrective
							 action plan, to revocation or denial, and a mental and physical
							 examination.
(s) Inability to practice medicine with skill and
							 safety.
(Section 458.331(1)(s),
F.S)
(s) From probation to indefinite suspension until
							 licensee is able to demonstrate ability to practice with reasonable skill and
							 safety followed by probation, or denial and an administrative fine from $1,
							 000.00 to $5, 000.00.
(s) From indefinite suspension, followed by
							 probation, to suspension for a minimum of five (5) years or until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation, and an administrative fine from $5, 000.00 to $10,
							 000.00.
(s) From indefinite suspension with corrective action
							 plan and until licensee is able to demonstrate ability to practice with
							 reasonable skill and safety to suspension for a minimum of one (1) year and
							 until licensee is able to demonstrate ability to practice with reasonable skill
							 and safety or denial.
(s) From indefinite suspension with a corrective
							 action plan, to suspension for a minimum of five (5) years and until licensee
							 is able to demonstrate ability to practice with reasonable skill and
							 safety.
(t) Failure to practice medicine in accordance with
							 appropriate level of care, skill and treatment recognized in general law
							 related to the practice of medicine.
(Sections 456.50(1)(g);
458.331(1)(t);
							 456.47(2)(a),
							 F.S.)
(t) From one (1) year probation to revocation or
							 denial and an administrative fine from $2, 500.00 to $10, 000.00.
(t) From two (2) years probation to revocation or
							 denial and an administrative fine from $5, 000.00 to $10, 000.00.
(t) From three (3) month suspension with corrective
							 action plan to revocation or denial
(t) From six (6) month suspension with corrective
							 action plan to revocation.
1. Gross Malpractice.
1. From one (1) year suspension followed by three (3)
							 years probation to revocation or denial and an administrative fine from $5,
							 000.00 to $10, 000.00.
1. From suspension, to be followed by a period of
							 probation or denial to revocation and an administrative fine of $7, 500.00 to
							 $10, 000.00.
1. From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
1. From two (2) year suspension with a corrective
							 action plan to revocation.
2. Repeated Malpractice as defined in Section
							 456.50, F.S.
2. Revocation or denial and an administrative fine
							 from $7, 500.00 to $10, 000.00.
2. Revocation or denial.
(u) Performing of experimental treatment without
							 informed consent.
(Section 458.331(1)(u),
F.S.)
(u) From one (1) year suspension, to be followed by a
							 period of probation; to revocation or denial and an administrative fine from
							 $1, 000.00 to $10, 000.00.
(u) Revocation or denial.
(u) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(u) Revocation or denial.
(v) Practicing beyond scope permitted.
(Sections 458.331(1)(v);
456.072(1)(o),
							 F.S.)
(v) From two (2) years suspension to revocation or
							 denial and an administrative fine from $5, 000.00 to $10, 000.00.
(v) From three (3) year suspension to revocation or
							 denial and an administrative fine from $7, 500.00 to $10, 000.00.
(v) From two (2) years suspension to revocation or
							 denial.
(v) From three (3) year suspension to revocation or
							 denial.
(w) Delegation of professional responsibilities to
							 unqualified person.
(Sections 458.331(1)(w);
456.072(1)(p),
							 F.S.)
(w) From one (1) year probation, to denial or five
							 (5) years suspension followed by probation, and an administrative fine from $5,
							 000.00 to $10, 000.00.
(w) From suspension, to be followed by a period of
							 probation; to revocation or denial and an administrative fine from $7, 500.00
							 to $10, 000.00.
(w) From three (3) month suspension with corrective
							 action plan to five (5) year suspension with corrective action plan or
							 denial.
(w) From six (6) month suspension with a corrective
							 action plan to revocation.
(x)1. Violation of a lawful order of the board or
							 department previously entered in a disciplinary hearing, or failure to comply
							 with a lawfully issued subpoena of the department.
(Sections
							 458.331(1)(x);
456.072(1)(b), (q),
F.S.)
(x)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 and an administrative fine from $5, 000.00
							 to $10, 000.00.
(x)1. From probation to revocation or denial and an
							 administrative fine from $7, 500.00 to $10, 000.00.
(x)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.
(x)1. From suspension to revocation, or
							 denial.
2. Violation of an order of the Board.
(Section 458.331(1)(x), F.S.)
2. Reprimand and an administrative fine from $5,
							 000.00 to $10, 000.00, to revocation or denial based upon the severity of the
							 offense and the potential for patient harm.
2. From suspension, to be followed by a period of
							 probation, and a $10, 000.00 fine to revocation, or denial.
2. From a reprimand to revocation or denial based
							 upon the severity of the offense and the potential for patient harm.
2. From suspension with a corrective action plan, to
							 revocation, or denial.
(y) Conspiring to restrict another from lawfully
							 advertising services.
(Section 458.331(1)(y),
F.S.)
(y) A reprimand or denial; and an administrative fine
							 ranging from $1, 000.00 to $5, 000.00.
(y) Probation or denial; and an administrative fine
							 from $5, 000.00 to $10, 000.00.
(y) A reprimand or denial.
(y) Suspension with a corrective action plan, or
							 denial.
(z) Aiding an unlawful abortion.
(Section 458.331(1)(z),
F.S.)
(z) From one (1) year suspension, to be followed by a
							 period of probation, to revocation or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(z) From eighteen (18) month suspension, to be
							 followed by a period of probation; to revocation or denial and an
							 administrative fine from $7, 500.00 to $10, 000.00.
(z) From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
(z) From eighteen (18) month suspension with a
							 corrective action plan, to revocation or denial.
(aa) Presigning prescription forms.
(Section
							 458.331(1)(aa),
							 F.S.)
(aa) From a reprimand to two (2) years probation or
							 denial, and an administrative fine from $1, 000.00 to $5, 000.00.
(aa) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $5, 000.00
							 to $10, 000.00.
(aa) From a reprimand to two (2) years suspension
							 with a corrective action plan or denial.
(aa) From suspension with a corrective action plan to
							 revocation or denial.
(bb) Prescribing a Schedule II substance for Office
							 use.
(Section
							 458.331(1)(bb),
							 F.S.)
(bb) From a reprimand to probation with CME in
							 pharmacology, and an administrative fine from $1, 000.00 to $5, 000.00.
(bb) From probation to suspension, to be followed by
							 a period of probation, or denial, and an administrative fine from $5, 000.00 to
							 $10, 000.00.
(bb) From a reprimand to 7 day suspension with a
							 corrective action plan.
(bb) From 1 year suspension with a corrective action
							 plan to revocation or denial.
(cc) Improper prescribing of Schedule II amphetamine
							 or sympathomimetic amine drug.
(Section
							 458.331(1)(cc),
							 F.S.
(cc) From probation, to denial or two (2) years
							 suspension followed by probation or denial, and an administrative fine from $5,
							 000.00 to $10, 000.00.
(cc) From suspension, to be followed by a period of
							 probation, to revocation or denial of the license and an administrative fine
							 ranging from $7, 500.00 to $10, 000.00.
(cc) From a suspension with a corrective action plan
							 to two (2) years suspension with a corrective action plan or denial.
(cc) From thirty (30) day suspension with a
							 corrective action plan, to revocation or denial.
(dd) Failure to adequately supervise assisting
							 personnel.
(Section
							 458.331(1)(dd),
							 F.S.)
(dd) From probation to denial or two (2) years
							 suspension followed by probation, and an administrative fine from $1, 000.00 to
							 $5, 000.00.
(dd) From one (1) year suspension, to be followed by
							 a period of probation, to revocation or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(dd) From a thirty (30) day suspension to two (2)
							 years suspension with a corrective action plan or denial.
(dd) From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
(ee) Improper use of substances for muscle building
							 or enhancement of athletic performance.
(Section
							 458.331(1)(ee),
							 F.S.)
(ee) From one (1) year suspension, to be followed by
							 a period of probation, to revocation or denial and an administrative fine from
							 $1, 000.00 to $5, 000.00.
(ee) From eighteen (18) month suspension, to be
							 followed by a period of probation, to revocation or denial of the license and
							 an administrative fine ranging from $5, 000.00 to $10, 000.00.
(ee) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(ee) From eighteen (18) month suspension with a
							 corrective action plan to revocation or denial.
(ff) Use of amygdalin (laetrile).
(Section
							 458.331(1)(ff),
							 F.S.)
(ff) From one (1) year suspension, to be followed by
							 a period of probation, to revocation or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(ff) From eighteen (18) month suspension, to be
							 followed by a period of probation, to revocation or denial of the license and
							 an administrative fine ranging from $7, 500.00 to $10, 000.00.
(ff) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(ff) From eighteen (18) month suspension with a
							 corrective action plan to revocation or denial.
(gg) Misrepresenting or concealing a material
							 fact.
(Section
							 458.331(1)(gg),
							 F.S.)
(gg) From suspension, to be followed by a period of
							 probation, to revocation of license or denial and an administrative fine from
							 $5, 000.00 to $10, 000.00. If the offense includes an element of fraud or
							 making a false or fraudulent representation the fine shall be $10,
							 000.00.
(gg) From a minimum of thirty (30) day suspension, to
							 be followed by a period of probation, to revocation or denial and an
							 administrative fine from $7, 500.00 to $10, 000.00. If the offense includes an
							 element of fraud or making a false or fraudulent representation the fine shall
							 be $10, 000.00.
(gg) From suspension with a corrective action plan or
							 revocation to denial.
(gg) From a minimum of thirty (30) day suspension
							 with a corrective action plan or revocation or denial.
(hh) Improperly interfering with an investigation or
							 a disciplinary proceeding.
(Section
							 458.331(1)(hh),
							 F.S.)
(hh) From a thirty (30) day suspension, to be
							 followed by a period of probation, to denial or revocation of license and
							 payment of a $5, 000.00 fine.
(hh) From a ninety (90) day suspension, to be
							 followed by a period of probation, to revocation or denial and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(hh) From a thirty (30) day suspension with a
							 corrective action plan, to revocation or denial.
(hh) From a ninety (90) day suspension with a
							 corrective action plan to revocation or denial.
(ii) Failing to report any licensee in violation who
							 practices in a hospital or an H.M.O.; or failing to report any person in
							 violation of Chapter 456, F.S.
(Sections 458.331(1)(ii);
456.072(1)(i),
							 F.S.)
(ii) From a reprimand to probation, or denial and an
							 administrative fine from $1, 000.00 to $5, 000.00.
(ii) From probation, to suspension, to be followed by
							 a period of probation, or denial, and an administrative fine from $5, 000.00 to
							 $10, 000.00.
(ii) From a reprimand to suspension with a corrective
							 action plan, or denial.
(ii) Suspension with a corrective action plan or
							 denial.
(jj) Providing written medical opinion without
							 reasonable investigation.
(Section 458.331(1)(jj),
F.S.)
(jj) From a thirty (30) day suspension, to be
							 followed by a period of probation to revocation or denial and
payment of a $1, 000.00 to $5, 000.00 fine.
(jj) From a ninety (90) day suspension, to be
							 followed by a period of probation, to revocation or denial of the license and
							 an administrative fine ranging from $5, 000.00 to $10, 000.00.
(jj) From a thirty (30) day suspension with a
							 corrective action plan to revocation or denial.
(jj) From a ninety (90) day suspension with a
							 corrective action plan to revocation or denial.
(kk) Failure to report disciplinary action by another
							 jurisdiction, and for telehealth registrants, including the notification of
							 pending disciplinary action.
(Sections 458.331(1)(kk),
456.47(4)(d),
							 F.S.
(kk) From an Administrative fine of $2, 000.00 to a
							 fine of $5, 000.00 and a reprimand, to revocation or denial and payment of a
							 $5, 000.00.
(kk) From probation to suspension, to be followed by
							 a period of probation, to revocation or denial, and an administrative fine from
							 $5, 000.00 to $10, 000.00.
(kk) From a reprimand to revocation or denial.
(kk) From suspension with a corrective action plan,
							 to revocation or denial.
(ll) Improper holding oneself out as a
							 specialist.
(Section 458.331(1)(ll),
F.S.)
(ll) From letter of concern, to one (1) year
							 suspension, to be followed by a period of probation, or denial and an
							 administrative fine from $500.00 to $5, 000.00.
(ll) From reprimand, to up to one (1) year
							 suspension, to be followed by a period of probation, or denial, and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(ll) From a letter of concern, to one (1) year
							 suspension with a corrective action plan, or denial.
(ll) From a reprimand, to up to one (1) year
							 suspension with a corrective action plan, or denial.
(mm) Failing to provide patients with information
							 about patient rights and how to file a patient complaint.
(Sections 458.331(1)(mm);
456.072(1)(u),
							 F.S.)
(mm) Corrective action for nonwillful violations.
							 Letter of concern to reprimand and corrective action for willful violations and
							 an administrative fine from $100.00 to $200.00.
(mm) Administrative fine of up to $100.00 for
							 nonwillful violations; and an administrative fine from $250.00 to $500.00 for
							 willful violations.
(mm) From a letter of concern to seven (7) day
							 suspension with corrective action plan.
(mm) From a reprimand to a ten (10) day suspension
							 with corrective action plan.
(nn)1. Violating any provision of Chapters 458, 456,
							 F.S., or any rules adopted pursuant thereto.
(Section
							 458.331(1)(nn),
							 F.S.)
(nn) From a reprimand, to revocation or denial and an
							 administrative fine from $2, 500.00 to $10, 000.00.
(nn) From probation, to revocation or denial and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(nn) From a reprimand to revocation or denial.
(nn) From suspension with a corrective action plan to
							 revocation or denial.
2. Failure to comply with any provision of Rule
							 64B8-8.019, F.A.C.
(Section
							 458.331(1)(nn),
							 F.S.
2. From a $1, 000.00 fine, letter of concern,
							 demonstration of compliance with the rule or denial to a $5, 000.00 fine, a
							 reprimand, completion of a laws and rules course, a term of probation,
							 demonstration of compliance with the rule or denial.
2. From a $7, 500.00 fine, a reprimand, a term of
							 probation, completion of a laws and rules course, demonstration of compliance
							 with the rule or denial to a $10, 000.00 fine and revocation.
2. From a letter of concern and demonstration of
							 compliance with the rule, to suspension with a corrective action plan or
							 denial.
2. From a reprimand and demonstration of compliance
							 with the rule to revocation or denial.
3. Performing a pelvic examination on a patient
							 without the written consent of the patient or the patient's legal
							 representative executed specific to, and expressly identifying, the pelvic
							 examination.
(Sections
							 458.331(1)(nn),
							 456.51, F.S.)
3. From a letter of concern to a reprimand and an
							 administrative fine from $1, 000.00 to $2, 500.00, or Denial.
3. From a reprimand to probation, and an
							 administrative fine from $2, 500.00 to $5, 000.00, or denial.
3. From probation to revocation and an administrative
							 fine from $5, 000.00 to $10, 000.00, or denial.
3. From a letter of concern to suspension with a
							 corrective action plan or denial.
3. From a minimum of six months suspension with a
							 corrective action plan to revocation or denial.
(oo) Improper use of information about accident
							 victims for commercial or any other solicitation of the people involved in such
							 accidents.
(Section
							 456.072(1)(x),
							 F.S.)
(oo) From an administrative fine of $1, 000.00 to a
							 fine of $5, 000.00, reprimand and probation.
(oo) From reprimand to up to one (1) year suspension
							 or denial, and an administrative fine from $5, 000.00 to $10, 000.00.
(oo) From a reprimand to six (6) months suspension
							 with a corrective action plan.
(oo) From a reprimand to up to one (1) year
							 suspension or denial.
(pp) Theft or reproduction of an examination.
(Section
							 456.018, F.S.)
(pp) Revocation or denial.
(pp) Revocation or denial.
(qq) Violation of Patient Self Referral Act.
(Section
							 456.053, F.S.)
(qq) From an Administrative fine of $5, 000.00 to an
							 administrative fine of $10, 000.00.
(qq) From probation to suspension, to be followed by
							 a period of probation, or denial, and an administrative fine from $5, 000.00 to
							 $10, 000.00.
(qq) From a reprimand to a suspension with a
							 corrective action plan or denial.
(qq) From a thirty (30) day suspension with a
							 corrective action plan to revocation or denial.
(rr) Prescribing controlled substances in violation
							 of Section 456.47(2)(c),
							 F.S.
(Section 456.47(2)(c),
F.S.)
(rr) From a reprimand and a $5, 000.00 fine to
							 revocation or denial.
(rr) From suspension and a $10, 000.00 fine to
							 revocation or denial.
(rr) From a reprimand to revocation or denial.
(rr) From suspension with a corrective action plan to
							 revocation or denial.
(ss) Performing or attempting to perform health care
							 services on the wrong patient, a wrong site procedure, a wrong procedure, or an
							 unauthorized procedure or a procedure that is medically unnecessary or
							 otherwise unrelated to the patient's diagnosis or medical condition.
(Section
							 456.072(1)(bb),
							 F.S.)
(ss) From a $5, 000.00 fine, 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 to a $10, 000.00 fine, a
							 letter of concern, a minimum of five (5) hours of risk management education,
							 undergo a risk management assessment, a one (1) hour lecture on wrong-site
							 surgery, and suspension to be followed by a term of probation or denial.
(ss) From a $10, 000.00 fine, a reprimand, undergo a
							 risk management assessment, and probation or denial to a $10, 000.00 fine and
							 revocation.
SEQ CHAPTER \h \r 1(ss) From a $10, 000.00 fine, a
							 reprimand, undergo a competency evaluation, and suspension to be followed by a
							 term of probation or denial, to a $10, 000.00 fine and revocation.
(ss) From a letter of concern to suspension with a
							 corrective action plan or denial.
(ss) From a reprimand to revocation or denial.
(tt) Leaving a foreign body in a patient, such as a
							 sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used
							 in surgical, examination, or other diagnostic procedures.
(Section
							 456.072(1)(cc),
							 F.S.)
(tt) From a $5, 000.00 to a $10, 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 suspension to be followed by a term of
							 probation.
(tt) From a $10, 000.00 fine, a reprimand and
							 probation, or denial to revocation.
(tt) From a letter of concern to suspension with a
							 corrective action plan.
(tt) From a suspension with a corrective action plan
							 to revocation or denial.
(uu) For the practitioner(s) responsible for the
							 adverse incident, failing to inform a patient, or an individual identified
							 pursuant to Section 765.401(1),
							 F.S., in person about adverse incidents that result in serious harm to the
							 patient.
(Section 456.0575,
F.S.)
(uu) From a reprimand to probation, or denial and an
							 administrative fine of $1, 000 to $5, 000.
(uu) From probation, to suspension or denial and an
							 administrative fine of $5, 000 to $10, 000.
(uu) From a reprimand to suspension with a corrective
							 action plan, or denial.
(uu) From suspension with a corrective action or
							 denial.
(vv) 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.)
(vv) From one (1) year probation to revocation or
							 denial and an administrative fine from $5, 000.00 to $10, 000.00.
(vv) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $7, 500.00
							 to $10, 000.00.
(vv) From one (1) month suspension with a corrective
							 action plan, to revocation or denial.
(vv) From ninety (90) day suspension with a
							 corrective action plan, to revocation or denial.
(ww) 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.)
(ww) 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 or denial.
(ww) From a minimum of six (6) months suspension and
							 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 $10, 000.00, to revocation or
							 denial.
(ww) From suspension with a corrective action plan
							 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 revocation or denial.
(ww) From a minimum of six (6) months suspension with
							 a corrective action plan and 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
							 revocation or denial.
(xx) 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.)
(xx) Revocation and a fine of $10, 000.00, or
							 denial.
(xx) Revocation or denial.
(yy) 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.)
(yy) From a letter of concern to probation, and a
							 fine of $500.00 to $5, 000.00.
(yy) From a reprimand to revocation, and a fine of
							 $2, 500.00 to $5, 000.00.
(yy) From a letter of concern to suspension with a
							 corrective action plan.
(yy) From a reprimand to revocation.
(zz) Being terminated from the state Medicaid program
							 for cause, or any other state Medicaid program, or the federal Medicare
							 program.
(Section
							 456.072(1)(kk),
							 F.S.)
(zz) From a letter of concern to suspension, and a
							 fine of $1, 000.00 to $5, 000.00, or denial.
(zz) From a reprimand to revocation, and a
							 fine
of $5, 000.00 to $10, 000.00, or denial.
(zz) From a letter of concern to suspension with a
							 corrective action plan, or denial.
(zz) From a reprimand to revocation or denial.
(aaa) 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.)
(aaa) Revocation and a fine of $10, 000, or
							 denial.
(aaa) Revocation or denial.
(bbb) A violation of Rule
							 64B8-9.0131, F.A.C.
(bbb) From probation for a term no less than two
							 years and a fine of $5, 000.00 to $10, 000.00 to revocation.
(bbb) From suspension for a minimum of one year, to
							 be followed by a term of probation and a $10, 000.00 fine to revocation.
(bbb) From seven (7) day suspension and a corrective
							 action plan to revocation or denial.
(bbb) From suspension for one (1) year with a
							 corrective action plan to revocation.
(ccc) A violation of Rule
							 64B8-9.0132, F.A.C.
(ccc) From probation for a term no less than one year
							 and a fine of $5, 000.00 to $10, 000.00 to revocation.
(ccc) From suspension for a minimum of six months, to
							 be followed by a term of probation and a $10, 000.00 fine to revocation.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(ddd) Registration of pain clinic by a designated
							 physician through misrepresentation or fraud.
(Section
							 458.331(1)(pp),
							 F.S.)
1. For registering a pain clinic through
							 misrepresentation.
(Section 458.331(1)(pp)1., F.S.)
1. From a letter of concern to probation, and a fine
							 of $10, 000.00.
1. From a period of probation, to revocation, and a
							 fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
2. For registering a pain clinic through
							 fraud.
(Section 458.331(1)(pp)1., F.S.)
2. Revocation and a $10, 000.00 fine.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(eee) Procuring or attempting to procure, the
							 registration of a pain management clinic for any other person by making or
							 causing to be made, any false representation.
(Section 458.331(1)(pp)2., F.S.)
(eee) Revocation and a $10, 000.00 fine.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(fff) Failing to comply with any requirement of
							 Chapter 499, F.S., the Florida Drug and Cosmetic Act;
							 21 U.S.C., ss.
							 301-392, the Federal Food, Drug, and
							 Cosmetic Act; 21 U.S.C. ss.
							 821 et seq., the Drug Abuse Prevention
							 Control Act; or Chapter 893, F.S., the Florida Comprehensive Drug Abuse
							 Prevention and Control Act.
(Section 458.331(1)(pp)3., F.S.)
(fff) From a letter of concern to probation, and a
							 fine of $1, 000.00 to $5, 000.00.
(fff) From a reprimand to suspension, followed by a
							 period of probation, and a fine of $5, 000.00 to $10, 000.00.
(fff) From a reprimand to revocation, and a fine of
							 $7, 500.00 to $10, 000.00 fine.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(ggg) Being convicted of or found guilty of,
							 regardless of adjudication to, a felony or any other crime involving moral
							 turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of
							 this state, or any other state, or of the United States.
(Section 458.331(1)(pp)4., F.S.)
(ggg) From probation to revocation, and an
							 administrative fine ranging from $1, 000.00 to $10, 000.00. If the offense
							 includes an element of fraud or making a false or fraudulent representation the
							 fine shall be $10, 000.00.
(ggg) From suspension to revocation, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00. If the offense
							 includes an element of fraud or making a false or fraudulent representation the
							 fine shall be $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(hhh) Being convicted of, or disciplined by a
							 regulatory agency of the Federal Government or a regulatory agency of another
							 state for any offense that would constitute a violation of Chapter 458,
							 F.S.
(Section 458.331(1)(pp)5., F.S.)
(hhh) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to suspension 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 $5, 000.00.
(hhh) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to revocation, and an administrative fine ranging from $5,
							 000.00 to $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(iii) Being convicted of, or entering a plea of
							 guilty or nolo contendere to, regardless of adjudication, a crime which relates
							 to the practice of, or the ability to practice, a licensed health care
							 profession.
(Section 458.331(1)(pp)6., F.S.)
(iii) From probation to revocation, and an
administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(iii) From suspension to revocation, and an
							 administrative fine ranging from $7, 500.00 to $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(jjj) Being convicted of, or entering a plea of
							 guilty or nolo contendere to, regardless of adjudication, a crime which relates
							 to health care fraud.
(Section 458.331(1)(pp)7., F.S.)
(jjj) A $10, 000.00 administrative fine and
							 suspension of the license, followed by a period of probation to
							 revocation.
(jjj) Revocation and a fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(kkk) Dispensing any medicinal drug based upon a
							 communication that purports to be a presciption as defined in Section
							 465.003(14) or
							 893.02, F.S., if the dispensing
							 practitioner knows or has reason to believe that the purported prescription is
							 not based upon a valid practitioner-patient relation ship.
(Section 458.331(1)(pp)8., F.S.)
(kkk) From a reprimand to revocation, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00.
(kkk) From probation to revocation, and an
							 administrative fine ranging from $7, 500.00 to $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(lll) Failing to timely notify the Board of the date
							 of his or her termination from a pain management clinic as required by Section
							 458.3265(2),
							 F.S.
(Section 458.331(1)(pp)9., F.S.)
(lll) From a letter of concern to probation, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00.
(lll) From a reprimand to suspension, followed by a
							 period of probation, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(lll) From suspension, followed by a period of
							 probation to revocation, an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(mmm) Failing to timely notify the Department of the
							 theft of prescription blanks from a pain management clinic or a breach of a
							 physician's electronic prescribing software or other methods for prescribing
							 within 24 hours as required by Section
							 458.3265(3),
							 F.S.
(Section
							 458.331(1)(qq),
							 F.S.)
(mmm) From a letter of concern to probation, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00.
(mmm) From probation to suspension, followed by a
							 period of probation, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(mmm) From suspension, followed by a period of
							 probation to revocation, an administrative fine of $10, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(nnn) Promoting or advertising through any
							 communication media the use, sale, or dispensing of any controlled substance
							 appearing on any schedule in Chapter 893, F.S.
(Section
							 458.331(1)(rr),
							 F.S.)
(nnn) From a letter of concern to one (1) year
							 suspension, to be followed by a period of probation, and an administrative fine
							 from $1, 000.00 to $5, 000.00.
(nnn) From reprimand to up to one (1) year
							 suspension, to be followed by a period of probation, and an administrative fine
							 from $5, 000.00 to $10, 000.00.
(nnn) From a letter of concern to one (1) year
							 suspension with a corrective action plan.
(nnn) From reprimand to up to one (1) year suspension
							 with a corrective action plan.
(ooo) Failure to comply with the controlled substance
							 prescribing requirements of Section
							 456.44, F.S.
(Section
							 456.072(1)(mm),
							 F.S.)
(ooo) From a minimum of suspension of license for a
							 period of six (6) months followed by a period of probation and an
							 administrative fine in the amount of $10, 000.00 to revocation and an
							 administrative fine in the amount of $10, 000.00.
(ooo) From a minimum of suspension of license for a
							 period of one (1) year followed by a period of probation and an administrative
							 fine in the amount of $10, 000.00 to revocation and an administrative fine in
							 the amount of $10, 000.00.
(ooo) From a minimum of suspension for a period of
							 six (6) months with a corrective action plan, to revocation.
(ooo) From a minimum of suspension for a period of
							 one (1) year with a corrective action plan, to revocation.
(ppp) Providing false or deceptive expert witness
							 testimony related to the practice of medicine.
(Section
							 458.331(1)(oo),
							 F.S. )
(ppp) From a reprimand to revocation and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(ppp) From suspension to revocation and an
							 administrative fine from $7, 500.00 to $10, 000.00.
(ppp) From a reprimand to revocation.
(ppp) From suspension to revocation.
(qqq) Failure to comply with the requirements of
							 Section 390.0111(3),
							 F.S., regarding termination of pregnancies.
(Section
							 456.072(1)(k),
							 F.S.)
(qqq) From a letter of concern to a period of
							 probation and an administrative fine in the amount of $1, 000.00 to $2,
							 500.00.
(qqq) From a reprimand to suspension followed by a
							 period of probation and an administrative fine in the amount of $2, 500.00 to
							 $5, 000.00.
(qqq) From a reprimand to revocation and an
							 administrative fine in the amount of $5, 000.00 to $10, 000.00.
(qqq) From a letter of concern to a suspension with a
							 corrective action plan.
(qqq) From a reprimand to revocation.
(rrr) Dispensing a controlled substance listed in
							 Schedule II or Schedule III in violation of Section
							 465.0276, F.S.
(Section
							 458.331(1)(ss),
							 F.S.)
(rrr) From probation to revocation and an
							 administrative fine of $5, 000.00 to $10, 000.00.
(rrr) From suspension to be followed by a term of
							 probation to revocation and an administrative fine of $7, 500.00 to $10,
							 000.00.
(rrr) From a one month suspension with a corrective
							 action plan, to revocation.
(rrr) From a six month suspension with a corrective
							 action plan, to revocation.
(sss) 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.; Section 456.072(1)(oo),
							 F.S.)
(sss) From a letter of concern to a reprimand and an
							 administrative fine in the amount of $1, 000.00 to $5, 000.00.
(sss) From a reprimand to revocation and an
							 administrative fine in the amount of $5, 000.00 to $10, 000.00.
(sss) From a letter of concern to a reprimand.
(sss) From a reprimand to revocation.
(ttt) Issuing a physician certification, as defined
							 in Section 381.986, F.S., in a manner out
							 of compliance with the requirements of that section and the rules adopted
							 thereunder.
(Section
							 458.331(1)(uu),
							 F.S.)
From probation to revocation or denial of the license
							 and an administrative fine ranging from $1, 000.00 to $5, 000.00.
From suspension to revocation or denial of the
							 license and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(uuu) Failing to consult the prescription drug
							 monitoring system, as required by Section
							 893.055(8),
							 F.S.
(Section
							 458.331(1)(g),
							 F.S.)
(uuu) From a letter of concern to a reprimand and an
							 administrative fine of $1, 000.00 to $2, 500.00.
(uuu) From a reprimand to suspension and an
							 administrative fine from $2, 500.00 to $5, 000.00.
(uuu) From suspension to revocation and an
							 administrative fine of $5, 000.00 to $10, 000.00.
(uuu) From a letter of concern to a reprimand.
(uuu) From a reprimand to revocation.
(vvv) Failing to report adverse incidents occurring
							 in planned out-of-hospital births as required by Section
							 456.0495, F.S.
(Section
							 458.331(1)(g),
							 F.S.)
(vvv) From a letter of concern to a reprimand and an
							 administrative fine of $1, 000.00 to $2, 500.00.
(vvv) From a reprimand to suspension and an
							 administrative fine of $2, 500.00 to $5, 000.00.
(vvv) From suspension to revocation and an
							 administrative fine of $5, 000.00 to $10, 000.00.
(vvv) From a letter of concern to a reprimand.
(vvv) From a reprimand to revocation.
(www) Performing a liposuction procedure in which
							 more than 1, 000 cubic centimeters of supernatant fat is removed, a Level II
							 office surgery, or a Level III office surgery in an office that is not
							 registered with the department pursuant to Section
							 458.328, F.S.
(Section
							 458.331(1)(vv),
							 F.S.)
(www) From twelve (12) months probation to twelve
							 (12) months suspension followed by a term of probation and an administrative
							 fine of $5, 000.00 per day.
(www) From twelve (12) months suspension followed by
							 a term of probation and permanent restriction from performing office surgery to
							 revocation and an administrative fine of $5, 000.00 per day.
(www) From eighteen (18) months suspension followed
							 by a term of probation and permanent restriction from performing office surgery
							 to revocation and an administrative fine of $5, 000.00 per day.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
(xxx) Intentionally implanting a patient or causing a
							 patient to be implanted with a human embryo without the recipient's consent to
							 the use of that human embryo, or inseminating a patient or causing a patient to
							 be inseminated with the human reproductive material, as defined in Section
							 784.086, F.S., of a donor
							 without the recipient's consent to the use of human reproductive material from
							 that donor.
(Section
							 456.072(1)(qq),
							 F.S.
(xxx) From six (6) months probation to one (1) year
							 suspension, and an administrative fine of $5, 000.00 to $10, 000.00, or
							 denial.
(xxx) From one (1) year suspension to revocation and
							 an administrative fine of $7, 500.00 to $10, 000.00, or denial.
(xxx) From six (6) months suspension with a
							 corrective action plan to one (1) year suspension with a corrective action plan
							 or denial.
(xxx) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(yyy) Implanting a patient or causing a patient to be
							 implanted with a human embryo created with the human reproductive material, as
							 defined in Section 784.086, F.S., of the licensee,
							 or inseminating a patient or causing a patient to be inseminated with the human
							 reproductive material of the licensee.
(Section
							 458.331(1)(ww),
							 F.S.)
(yyy) Revocation and a $10, 000, 00 fine or
							 denial.
(yyy) Revocation or denial.
(zzz) Failure to display hyperlink on telehealth
							 registrant's website.
(Section
							 456.47(4)(c),
							 F.S.
(aaaa) Not applicable to physicians licensed under
							 Chapter 458, F.S.
(aaaa) From a letter of concern to suspension with a
							 corrective action plan.
(aaaa) From a reprimand to revocation.
(aaaa) Opening an office in Florida or providing
							 in-person healthcare services to patients in Florida. (Section
							 456.47(4)(f),
							 F.S.)
(bbbb) Not applicable to physicians licensed under
							 Chapter 458, F.S.
(bbbb) From six (6) month suspension with a
							 corrective action plan to revocation or denial.
(bbbb) From one (1) year suspension with a corrective
							 action plan to revocation.
(bbbb) Providing information indicating that a person
							 has a disability or supporting a person's need for an emotional support animal
							 under Section 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.)
(cccc) From a letter of concern and a fine of $100.00
							 to a reprimand and a fine of $1, 000.00.
(cccc) From a reprimand and a fine of $2, 500.00 to
							 probation and a fine of $5, 000.00.
(cccc) From a letter of concern to a
							 reprimand.
(cccc) From a reprimand suspension with a corrective
							 action plan.
(cccc) Failing to comply with parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
(cccc) From a letter of concern to six (6) months'
							 probation and an administrative fine of $1, 000.00 to $2, 500.00.
(cccc) From a reprimand to one (1) year probation and
							 an administrative fine of $2, 500.00 to $5, 000.00.
(cccc) From six (6) months' probation to revocation
							 and an administrative fine of $5, 000.00 to $10, 000.00, or denial of
							 licensure.
(cccc) From a reprimand to one (1) year
							 suspension.
(cccc) From six (6) month suspension with a
							 corrective action plan to revocation, or denial of registration.
(dddd) 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.)
(dddd) Revocation and administrative fine of $1,
							 000.00 to $5, 000.00, or denial of licensure.
(dddd) Revocation and administrative fine of $5,
							 000.00 to $10, 000.00, or denial of licensure.
(dddd) Revocation, or denial of registration.
(dddd) Revocation, or denial of registration.
(eeee) Having been found liable in a civil proceeding
							 for knowingly filing a false report or complaint with the department against
							 another licensee.
(Section
							 456.072(1)(g),
							 F.S.)
(eeee) From a thirty (30) day suspension, to be
							 followed by a period of probation to revocation or denial and payment of a $1,
							 000.00 to $5, 000.00 fine.
(eeee) From a ninety (90) day suspension, to be
							 followed by a period of probation, to revocation or denial of the license and
							 an administrative fine ranging from $5, 000.00 to $10, 000.00
(eeee) From a thirty (30) day suspension with a
							 corrective action plan to revocation or denial.
(eeee) From a ninety (90) day suspension with a
							 corrective action plan to revocation or denial.
(ffff) Failing to identify through written notice,
							 which may include the wearing of a name tag, or orally to a patient the type of
							 license under which the practitioner is practicing.
(Section
							 456.072(1)(t),
							 F.S.)
(ffff) From a letter of concern to one (1) year
							 suspension to be followed by a period of probation, and an administrative fine
							 from $1, 000.00 to $5, 000.00
(ffff) From reprimand to one (1) year suspension to
							 be followed by a period of probation, and an administrative fine from $5,
							 000.00 to $10, 000.00.
(ffff) From reprimand to one (1) year suspension with
							 a corrective action plan.
(ffff) From suspension with a corrective action plan
							 to revocation.
(gggg) Testing positive for any drug, as defined in
							 Section 112.0455, F.S., on any confirmed
							 preemployment or employer-ordered drug screening when the practitioner does not
							 have a lawful prescription and legitimate medical reason for using the
							 drug.
(Section
							 456.072(1)(aa),
							 F.S.)
(gggg) From probation to indefinite suspension until
							 license is able to demonstrate ability to practice with reasonable skill and
							 safety followed by probation, or denial and an administrative fine from $1,
							 000.00 to $5, 000.00.
(gggg) From indefinite suspension, followed by
							 probation, to suspension for a minimum of five (5) years or until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation, and an administrative fine from $5, 000 to $10,
							 000.00
(gggg) From indefinite suspension with corrective
							 action plan and until licensee is able to demonstrate ability to practice with
							 reasonable skill and safety to suspension for a minimum of one (1) year and
							 until licensee is able to demonstrate ability to practice with reasonable skill
							 and safety or denial.
(gggg) From indefinite suspension with a corrective
							 action plan, to suspension for a minimum of five (5) years and until licensee
							 is able to demonstrate ability to practice with reasonable skill and
							 safety.
(hhhh) With respect to making a personal injury
							 protection claim as required by Section
							 627.736, F.S., intentionally
							 submitting a claim, statement, or bill that has been "upcoded" as defined in
							 Section 627.732, F.S.
(Section
							 456.072(1)(ee),
							 F.S.)
(hhhh) From one (1) year probation to revocation or
							 denial and a $10, 000.00 fine.
(hhhh) From suspension, to be followed by a period of
							 probation, to revocation and a $10, 000.00 fine.
(hhhh) From a reprimand to revocation or
							 denial.
(hhhh) From suspension to revocation.
(iiii) With respect to making personal injury
							 protection claim as required by Section
							 627.736, F.S., intentionally
							 submitting a claim, statement, or bill for payment of services that were not
							 rendered.
(Section
							 456.072(1)(ff),
							 F.S.)
(iiii) From one (1) year probation to revocation or
							 denial and a $10, 000.00 fine.
(iiii) From suspension, to be followed by a period of
							 probation, to revocation and a $10, 000.00 fine.
(iiii) From a reprimand to revocation or
							 denial.
(iiii) From suspension to revocation.
(jjjj) Violating Section
							 790.338(5),
							 F.S.
(Section
							 456.072(1)(nn),
							 F.S.)
(jjjj) From a letter of concern to probation and an
							 administrative fine from $1, 000.00 to $5, 000.00.
(jjjj) From probation to suspension and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(jjjj) From a letter of concern to suspension with a
							 corrective action plan or denial.
(jjjj) From a suspension with a corrective action
							 plan to 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: 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) The involvement in any violation of
				Section 458.331, F.S., of the provision
				of controlled substances for trade, barter or sale, by a licensee. In such
				cases, the Board will deviate from the penalties recommended above and impose
				suspension or revocation of licensure.
(h) Where a licensee has been charged with
				violating the standard of care pursuant to Section
				458.331(1)(t),
				F.S., but the licensee, who is also the records owner pursuant to Section
				456.057(1),
				F.S., fails to keep and/or produce the medical records.
(i) Any other relevant mitigating
				factors.