Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-13 - DISCIPLINARY ACTION › Section 64B5-13.005 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds an applicant, licensee, certificate holder, or telehealth registrant whom
				it regulates under Chapter 466, F.S., has committed any of the acts set forth
				in Section 456.072(1),
				466.028, or
				456.47, F.S., it shall issue a
				final order imposing appropriate penalties as recommended in these disciplinary
				guidelines. For any violation found that is for fraud or making a false or
				fraudulent representation, the Board will impose a fine of $10, 000.00 per
				count or offense. The use of terms to describe the offenses herein within the
				individual guidelines is intended to be only a generally descriptive use of the
				terms. For an accurate description of the actual offenses, the reader should
				refer to the statutory disciplinary provisions. The maximum penalties set forth
				in any individual offense guideline include all of the less severe penalties
				that would fall in between the maximum and the minimum penalties stated. For
				telehealth registrants, a suspension may be accompanied by a corrective action
				plan that addressees the conduct which resulted in the underlying disciplinary
				violations. The Board may require a corrective action plan be completed prior
				to reinstatement of the suspended registration or the corrective action plan
				may follow a suspension for a definite term.
VIOLATION
PENALTY RANGE
MINIMUM
MAXIMUM
TELEHEALTH REGISTRANT MINIMUM
TELEHEALTH REGISTRANT MAXIMUM
(a) Attempting to obtain, obtaining or renewing a
							 license by bribery, fraudulent misrepresentations or error of the Board.
(Sections
							 466.028(1)(a),
							 456.072(1)(h),
							 F.S.)
1. Obtain license by bribery.
First Offense
$500 fine and two (2) years' probation or application
							 denial, $500 fine and referral to State Attorney's office if not
							 licensed.
$5, 000 fine and one (1) year suspension.
Denial of Application.
Revocation or Denial of Application.
Second Offense
$10, 000 fine and one (1) year suspension or
							 application denial, $10, 000 fine and referral to State Attorney's office if
							 not licensed.
$10, 000 fine and Permanent Revocation.
2. Obtain license by fraudulent
							 misrepresentations.
First Offense
Denial, $10, 000 fine and referral to State
							 Attorney's office if not licensed.
Denial/or five (5) year suspension, $10, 000 fine and
							 referral to State Attorney's office if not licensed.
Denial of Application.
Revocation or Denial of Application.
Second Offense
Probation with conditions and $10, 000 fine.
$10, 000 fine and revocation or permanent
							 denial.
Revocation or Denial.
Revocation or Denial.
(b) Having a license to practice dentistry or dental
							 hygiene revoked, suspended, or otherwise acted against, including the denial of
							 licensure, by the licensing authority of another state, territory, or
							 country.
(Sections
							 466.028(1)(b),
							 456.072(1)(f),
							 F.S.)
First Offense
$1, 000 fine.
Suspension/denial until the license is unencumbered
							 and active in the jurisdiction in which the disciplinary action was originally
							 taken, up to five years, followed by probation and $5, 000 fine.
Letter of Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Imposition of discipline which would have been
							 imposed if the substantive violation occurred in Florida. Probation and $1, 000
							 fine.
Suspension until the license is unencumbered in the
							 jurisdiction in which disciplinary action was taken, followed by five (5)
							 years' probation and $10, 000 fine.
One (1) month suspension.
Three (3) year Suspension.
Third Offense
One year suspension followed by probation and $5, 000
							 fine.
Revocation and permanent denial and $10, 000
							 fine.
One (1) year suspension.
Revocation.
(c) Guilty of a crime directly relating to practice
							 or ability to practice.
(Sections
							 466.028(1)(c),
							 456.072(1)(c),
							 F.S.)
First Offense
$1, 000 fine.
Denial or 2 years suspension followed by 2 years
							 probation with conditions and $5, 000 fine.
One (1) month Suspension
Three (3) year Suspension or Denial of
							 Application.
Second Offense
One year suspension followed by probation and $2, 500
							 fine.
Denial or five (5) year suspension followed by
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Five (5) year suspension followed by probation and
							 $7, 500 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(d) Advertising goods or services in a manner which
							 is fraudulent, false, deceptive, or misleading in form.
(Section
							 466.028(1)(d),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
One (1) month Suspension.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $3, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation with conditions and $8, 000 fine.
Six (6) month Suspension.
Eighteen (18) month Suspension.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
Revocation and permanent denial and $10, 000
							 fine.
One (1) year Suspension.
Revocation.
(e) Advertising, practicing, or attempting to
							 practice under a name other than one's own.
(Section
							 466.028(1)(e),
							 F.S.)
First Offense
$1, 000 fine.
One (1) year suspension and $5, 000 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $3, 000
							 fine.
Two (2) years suspension followed by two (2) years
							 probation and $7, 500 fine.
Six (6) month Suspension
Revocation.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension
Revocation.
(f) Failing to report any person in violation of this
							 chapter or of the rules of the department or the board.
(Sections
							 466.028(1)(f),
							 456.072(1)(i),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $1, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $1, 000
							 fine.
Six (6) months suspension, one (1) year probation
							 with conditions and $3, 000 fine.
Six (6) months Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $3, 000
							 fine.
One (1) year suspension, one (1) year probation with
							 conditions and $5, 000 fine.
One (1) year Suspension.
Revocation.
(g) Aiding, assisting, procuring, or advising any
							 unlicensed person to practice dentistry or dental hygiene.
(Sections
							 466.028(1)(g),
							 456.072(1)(j),
							 F.S.)
First Offense
$1, 000 fine.
Six (6) months suspension followed by one (1) year
							 probation with conditions and $5, 000 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
1 year suspension followed by (2) years probation
							 with conditions and $5, 000 fine.
2 years suspension followed by two (2) years
							 probation with conditions and $8, 000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
2 years suspension followed by 2 years probation with
							 conditions and $10, 000 fine.
Denial/revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(h) Being employed by any corporation, organization,
							 group, or person other than a dentist or a professional corporation or limited
							 liability company composed of dentists to practice dentistry.
(Section
							 466.028(1)(h),
							 F.S.)
First Offense
$1, 000 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
1 year probation with conditions, reprimand and $3,
							 000 fine.
One (1) year suspension followed by one (1) year
							 probation with conditions and $8, 000 fine.
Six (6) month Suspension
Revocation.
Third Offense
1 year suspension, reprimand and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(i) Failing to perform any statutory or legal
							 obligation placed upon a licensee.
(Sections
							 466.028(1)(i),
							 456.072(1)(k),
							 F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
1 year probation with conditions and $2, 000
							 fine.
Two (2) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5, 000
							 fine.
One (1) year suspension and $10, 000 fine.
One (1) year Suspension.
Revocation.
(j) Making or filing a false report, failing to file
							 a report or record required by state or federal law, knowingly impeding or
							 obstructing such filing.
(Sections
							 466.028(1)(j),
							 456.072(1)(l),
							 F.S.)
First Offense
$1, 000 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
1 year probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by one (1) year
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5, 000
							 fine.
Denial/revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(k) Sexual battery, as defined in Chapter 794, F.S.,
							 upon a patient.
(Section
							 466.028(1)(k),
							 F.S.)
First Offense
Revocation.
Revocation.
Denial or Revocation.
Denial or Revocation.
Second or Subsequent Offense
Revocation and $10, 000 fine.
Revocation and $10, 000 fine.
Denial or Revocation.
Denial or Revocation.
(l) Making deceptive, untrue, or fraudulent
							 representations in or related to the practice of dentistry.
(Sections
							 466.028(1)(l),
							 456.072(1)(a),
							 F.S.)
First Offense
$1, 000 fine.
Six (6) months probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
1 year probation with conditions and $2, 000
							 fine.
Six (6) months suspension and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
2 years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(m) Failing to keep written records and history
							 justifying the course of treatment of the patient.
(Section
							 466.028(1)(m),
							 F.S.)
First Offense
$2, 500 fine.
Two (2) years probation with conditions and $7, 500
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $5, 000
							 fine.
One (1) year suspension and $10, 000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Five (5) years probation with conditions and $7, 500
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(n) Failing to make available to a patient or client,
							 copies of documents which relate to the patient or client.
(Section
							 466.028(1)(n),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$1, 000 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(o) Performing professional services which have not
							 been authorized by the patient or client.
(Section
							 466.028(1)(o),
							 F.S.)
First Offense
$1, 000 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Probation with conditions and $2, 500 fine.
One (1) year suspension and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Probation with conditions and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(p) Prescribing, procuring, dispensing,
							 administering, mixing, or otherwise preparing a legend drug or controlled
							 substance, other than in the course of the professional practice of the
							 dentist.
(Section
							 466.028(1)(p),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Suspension followed by probation and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(q) Prescribing any medicinal drug scheduled in
							 Chapter 893, F.S., to herself or himself.
(Section
							 466.028(1)(q),
							 F.S.)
First Offense
$500 fine and PRN referral.
One (1) year suspension followed by probation with
							 conditions, including PRN referral and $5, 000 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions, PRN referral,
							 and $2, 500 fine.
One (1) year suspension and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by probation,
							 including PRN referral and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(r) Prescribing any drug which is a Schedule II
							 amphetamine or a Schedule II sympathomimetic amine drug, pursuant to Chapter
							 893, F.S.
(Section
							 466.028(1)(r),
							 F.S.)
First Offense
$1, 000 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Three (3) years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(s) Being unable to practice her or his profession
							 with reasonable skill and safety to patients by reason of illness or use of
							 alcohol, drugs, narcotics, chemicals, or any other type of material or as a
							 result of any mental or physical condition.
(Sections
							 466.028(1)(s),
							 456.072(1)(z),
							 F.S.)
First Offense
Denial, or suspension until licensee petitions the
							 Board and demonstrates ability to practice with reasonable skill and safety,
							 followed by probation with conditions and up to $5, 000 fine.
Denial of Application or Suspension until
							 demonstration of ability to practice with reasonable skill and safety.
Two (2) year suspension, demonstration of ability to
							 practice with reasonable skill and safety as condition of reinstatement.
Second Offense
Denial, or suspension until licensee petitions the
							 Board and demonstrates ability to practice with reasonable skill and safety,
							 followed by probation with conditions and up to $5, 000 fine.
Suspension followed by probation and $10, 000
							 fine.
Two (2) year suspension, demonstration of ability to
							 practice with reasonable skill and safety as condition of reinstatement.
Revocation.
Third Offense
Denial, or suspension until licensee petitions the
							 Board and demonstrates ability to practice with reasonable skill and safety,
							 followed by probation with conditions and up to $10, 000 fine.
Revocation and $10, 000 fine.
Five (5) year suspension, demonstration of ability to
							 practice with reasonable skill and safety as condition of reinstatement.
Revocation.
(t) Fraud, deceit, or misconduct in the practice of
							 dentistry or dental hygiene.
(Section
							 466.028(1)(t),
							 F.S.)
First Offense
$2, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $8, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $10, 000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $10, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(u) Failure to provide and maintain reasonable
							 sanitary facilities and conditions.
(Section
							 466.028(1)(u),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $3, 000
							 fine.
One (1) year suspension, followed by two (2) years
							 probation with conditions and $7, 500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
One (1) year probation with conditions and $8, 000
							 fine.
Revocation and $10, 000 fine.
Not Applicable to Telehealth Registrants.
(v) Failure to provide adequate radiation
							 safeguards.
(Section
							 466.028(1)(v),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $3, 000
							 fine.
One (1) year suspension followed by probation and $7,
							 500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Two (2) years probation with conditions and $8, 000
							 fine.
Revocation and $10, 000 fine.
Not Applicable to Telehealth Registrants.
(w) Performing any procedure which would constitute
							 experimentation on human subjects, without first obtaining full, informed, and
							 written consent.
(Section
							 466.028(1)(w),
							 F.S.)
First Offense
$1, 000 fine.
Probation with conditions and $3, 000 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Probation with conditions and $3, 500 fine.
Suspension followed by probation and $10, 000
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Suspension followed by probation and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(x) Being guilty of incompetence or negligence,
							 including, but not limited to, being guilty of dental malpractice.
(Section
							 466.028(1)(x),
							 F.S.)
First Offense
$2, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension and $10, 000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
Two (2) years probation and $7, 500 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(y) Practicing beyond the scope that she or he is
							 competent to perform.
(Sections
							 466.028(1)(y),
							 456.072(1)(o),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by one (1) year
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(z) Delegating or contracting for professional
							 responsibilities to a person who is not qualified to perform them.
(Sections
							 466.028(1)(z),
							 456.072(1)(p),
							 F.S.)
First Offense
$2, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $10, 000 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year probation with conditions and $7, 500
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
Any violation of Section
							 466.028(1)(z),
							 F.S., will result in a minimum licensure suspension of six months, in addition
							 to any other penalty authorized for this violation, except where revocation is
							 imposed.
(aa) The violation of a lawful order of the board, or
							 failure to comply with subpoena of the board or department.
(Sections
							 466.028(1)(aa),
							 456.072(1)(q),
							 F.S.)
First Offense
$5, 000 fine.
Suspension until compliant with order or subpoena,
							 probation with conditions and $10, 000 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$10, 000 fine.
Suspension until compliant with order or subpoena
							 followed by probation with conditions and $10, 000 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Revocation and $10, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(bb) Conspiring with another licensee or with any
							 person to commit an act, which would tend to coerce, intimidate, or preclude
							 another licensee from advertising services.
(Section
							 466.028(1)(bb),
							 F.S.)
First Offense
$1, 000 fine.
$5, 000 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(cc) Being adjudged mentally incompetent in this or
							 any other state, the discipline for which shall last only so long as the
							 adjudication.
(Section
							 466.028(1)(cc),
							 F.S.)
First and any subsequent offense.
Suspension until adjudged competent by same
							 court.
Suspension until adjudged competent by same
							 court.
Denial of Application or suspension until adjudged
							 competent by same court.
Denial of Application or suspension until adjudged
							 competent by same court.
(dd) Presigning blank prescription or laboratory work
							 order forms.
(Section
							 466.028(1)(dd),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ee) Prescribing growth hormones, testosterone or its
							 analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose
							 of muscle building or to enhance athletic performance.
(Section
							 466.028(1)(ee),
							 F.S.)
First Offense
$1, 000 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine
Three (3) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5, 000 fine.
One (1) year suspension and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ff) Operating a dental office such as to result in
							 dental treatment that is below minimum acceptable standards of performance for
							 the community.
(Section
							 466.028(1)(ff),
							 F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Three (3) years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(gg) Administering anesthesia in a manner which
							 violates rules of the board.
(Section
							 466.028(1)(gg),
							 F.S.)
First Offense
$1, 000 fine and Reprimand.
Two (2) years probation with conditions and $5, 000
							 fine.
Not Applicable to Telehealth Registrants.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine.
One (1) year suspension and $7, 500 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
Not Applicable to Telehealth Registrants.
(hh) Failing to report any licensee under Chapter 458
							 or 459, F.S., who the dentist knows has violated the grounds for disciplinary
							 action.
(Section
							 466.028(1)(hh),
							 F.S.)
First Offense
$1, 000 fine and Letter of Concern.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine and Reprimand.
$7, 500 fine and two (2) years probation.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5, 000 fine and thirty (30) days suspension.
$10, 000 fine and two (2) years suspension.
One (1) year Suspension.
Revocation.
(ii) Failing to report to the board, within 30 days
							 action has been taken against one's license to practice dentistry in another
							 state, territory, or country.
(Section
							 466.028(1)(ii),
							 F.S.)
First Offense
$1, 000 fine.
$5, 000 fine and denial of application or two (2)
							 years suspension followed by three (3) years probation.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation and $2, 500 fine.
$7, 500 fine and two (2) years suspension or
							 revocation.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years
							 probation and $5, 000 fine.
$10, 000 fine and denial of application or
							 revocation.
One (1) year Suspension.
Revocation.
(jj) Advertising specialty services in violation of
							 this chapter.
(Section
							 466.028(1)(jj),
							 F.S.)
First Offense
$1, 000 fine.
$5, 000 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
One (1) year suspension followed by two (2) years
							 probation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(kk) Allowing any person to interfere with a
							 dentist's clinical judgment.
(Section
							 466.028(1)(kk),
							 F.S.)
First Offense
$1, 000 fine.
$5, 000 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine.
Two (2) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
One (1) year suspension and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ll) Violating any provision of Chapters 456 and 466,
							 F.S., or any rules adopted pursuant thereto.
(Sections
							 466.028(1)(mm),
							 456.072(1)(b),
							 456.072(1)(dd),
							 F.S.)
First Offense
$750 fine.
Six (6) months probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Six (6) months probation with conditions and $2, 500
							 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension followed by probation and
							 $10, 000 fine.
One (1) year Suspension.
Revocation.
(mm) Failing to comply with the educational course
							 requirements for HIV.
(Section
							 456.072(1)(e),
							 F.S.)
First Offense
$500 fine.
Six (6) months probation with conditions and $1, 500
							 fine.
Not Applicable to Telehealth Registrants.
Second Offense
$1, 000 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2, 500 fine.
Eighteen (18) months probation with conditions and
							 $7, 500 fine.
Not Applicable to Telehealth Registrants.
(nn) 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.)
First Offense
$1, 000 fine.
Six (6) months probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$3, 500 fine.
One (1) year probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
One (1) year probation with conditions and $5, 000
							 fine.
One (1) year suspension and $10, 000 fine.
One (1) year Suspension.
Revocation.
(oo) Making deceptive, untrue, or fraudulent
							 representations in or related to the practice of a profession or employing a
							 trick or scheme in or related to the practice of a profession.
(Section
							 456.072(1)(m),
							 F.S.)
First Offense
$1, 000 fine and Letter of Concern.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by two (2) years
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Two (2) years probation with conditions and $5, 000
							 fine.
Five (5) years suspension and $10, 000 fine.
One (1) year Suspension.
Revocation.
(pp) Exercising influence on the patient or client
							 for the purpose of financial gain of the licensee or a third party.
(Section
							 456.072(1)(n),
							 F.S.)
First Offense
$1, 000 fine and Letter of Concern.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by two (2) years
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years
							 probation with conditions and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(qq) Wrong patient, wrong-site procedure, a wrong
							 procedure, medically unnecessary.
(Section
							 456.072(1)(bb),
							 F.S.)
First Offense
$1, 000 fine and Letter of Concern.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand or Denial of Application.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by two (2) years
							 probation with conditions and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years
							 probation with conditions and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(rr) Improperly interfering with an investigation or
							 inspection authorized by statute, or with any disciplinary proceeding.
(Section
							 456.072(1)(r),
							 F.S.)
First Offense
$1, 000 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $2, 500
							 fine.
One (1) year suspension followed by probation and $7,
							 500 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
Five (5) years probation with conditions and $5, 000
							 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ss) Failing to comply with the educational course
							 requirements for domestic violence.
(Section
							 456.072(1)(s),
							 F.S.)
First Offense
$500 fine.
Probation with conditions and $2, 500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $1, 000 fine.
Probation with conditions and $4, 000 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2, 500 fine.
Probation with conditions and $8, 000 fine.
Not Applicable to Telehealth Registrants.
(tt) Failing to comply with Sections
							 381.026 and
							 381.0261, F.S., patient rights
							 and how to file a patient complaint.
(Section
							 456.072(1)(u),
							 F.S.)
First Offense
$500 fine.
Probation with conditions and $2, 500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $1, 000 fine.
Probation with conditions and $4, 000 fine.
Not Applicable to Telehealth Registrants.
Third Offense
$2, 500 fine.
Probation with conditions and $8, 000 fine.
Not Applicable to Telehealth Registrants.
(uu) Engaging or attempting to engage in sexual
							 misconduct as defined and prohibited in Section
							 456.063(1),
							 F.S.
(Section
							 456.072(1)(v),
							 F.S.)
First Offense
$2, 500 fine and Reprimand.
One (1) year suspension followed by three (3) years
							 probation with conditions and $7, 500 fine.
One (1) year suspension.
Revocation or Denial of Application.
Second Offense
Three (3) years probation with conditions and $5, 000
							 fine.
$10, 000 fine and three (3) year suspension followed
							 by five (5) years probation with conditions or revocation.
Revocation.
Revocation.
Third Offense
Five (5) years suspension followed by three (3) years
							 probation with conditions and $8, 000 fine.
Revocation and $10, 000 fine.
Revocation.
Revocation.
(vv) Failing to report to the board, in writing
							 within 30 days after the licensee has been convicted or found guilty of, or
							 entered a plea of nolo contendere to regardless of adjudication, a crime in any
							 jurisdiction.
(Section
							 456.072(1)(x),
							 F.S.)
First Offense
$500 fine.
One (1) year probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
One (1) year probation with conditions and $2, 500
							 fine.
Two (2) years probation with conditions and $7, 5000
							 fine.
Six (6) month Suspension.
Revocation.
Third Offense
One (1) year suspension followed by two (2) years
							 probation with conditions and $5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ww) Using information about people involved in motor
							 vehicle accidents which has been derived from accident reports.
(Section
							 456.072(1)(y),
							 F.S.)
First Offense
$500 fine and Letter of Concern.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine and Reprimand.
Four (4) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5, 000 fine and Reprimand.
One (1) year suspension followed by five (5) years
							 probation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(xx) Leaving a foreign body in a patient.
(Section
							 456.072(1)(cc),
							 F.S.)
First Offense
$1, 000 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Probation with conditions and $2, 500 fine.
Five (5) years probation with conditions and $7, 500
							 fine.
Not Applicable to Telehealth Registrants.
Third Offense
Probation with conditions and $5, 000 fine.
$10, 000 fine and two (2) years suspension followed
							 by five (5) years probation with monitoring or revocation.
Not Applicable to Telehealth Registrants.
(yy) Testing positive for any drug, on any
							 preemployment or employer-ordered drug screening.
(Section
							 456.072(1)(aa),
							 F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
Six (6) month Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine.
Four (4) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
One (1) year Suspension.
Third Offense
$5, 000 fine.
One (1) year suspension followed by five (5) years
							 probation with conditions and $10, 000 fine.
One (1) year Suspension.
Revocation.
(zz) Intentionally submitting a personal injury
							 protection claim required by Section
							 627.736, F.S., statement that
							 has been "upcoded" as defined in Section
							 627.732, F.S.
(Section
							 456.072(1)(ee),
							 F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine.
Four (4) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5, 000 fine.
One (1) year suspension followed by five (5) years
							 probation with conditions and $10, 000 fine.
One (1) year Suspension.
Revocation.
(aaa) Intentionally submitting a personal injury
							 protection claim required by Section
							 627.736, F.S., for services that
							 were not rendered.
(Section
							 456.072(1)(ff),
							 F.S.)
First Offense
$500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
$2, 500 fine.
Four (4) years probation with conditions and $7, 500
							 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5, 000 fine.
One (1) year suspension followed by five (5) years
							 probation with conditions and $10, 000 fine.
One (1) year Suspension.
Revocation.
(bbb) Engaging in a pattern of practice of
							 prescribing medicinal drugs or controlled substances which demonstrates a lack
							 of reasonable skill or safety to patients or a violation of Sections
							 893.055 and
							 893.0551, F.S., or law and rules
							 relating to prescribing practitioners.
(Section
							 456.072(1)(gg),
							 F.S.)
First Offense
$1, 500 fine.
Two (2) years probation with conditions and $5, 000
							 fine.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Two (2) years probation with conditions and $3, 000
							 fine.
One (1) year suspension and $7, 500 fine.
Six (6) month Suspension.
Revocation.
Third Offense
$5, 000 fine.
Revocation and $10, 000 fine.
One (1) year Suspension.
Revocation.
(ccc) Failing to comply with, failing to successfully
							 complete, or being terminated from an impaired practitioner treatment
							 program.
(Section
							 456.072(1)(hh),
							 F.S.)
First Offense
Suspension, until compliant, followed by 2 years
							 probation with conditions and $2, 000 fine.
Suspension until compliant, followed by 5 years
							 probation with conditions and $5, 000 fine.
Denial of Application or Suspension until Complaint,
							 followed by Corrective Action Plan.
Denial of Application or Suspension until Complaint,
							 followed by Corrective Action Plan.
Second or Subsequent Offense
Three years suspension followed by 5 years probation
							 with conditions and $10, 000 fine.
Revocation and $10, 000 fine.
Revocation and $10, 000 fine.
Revocation.
(ddd) Being convicted of, or entering a plea of nolo
							 contendere to, any misdemeanor or felony, regardless of adjudication, under
							 18 U.S.C. s.
							 669, ss.
							 285-287, s.
							 371, s.
							 1001, s.
							 1035, s.
							 1341, s.
							 1343, s.
							 1347, s.
							 1349, or s.
							 1518, or
							 42 U.S.C. ss.
							 1320a-7b, relating to the Medicaid
							 program.
(Section
							 456.072(1)(ii),
							 F.S.)
First Offense
Misdemeanor Reprimand, $10, 000 fine,
							 suspension.
Felony Revocation.
Misdemeanor - $10, 000 fine, revocation.
Felony - Revocation.
Revocation.
Revocation.
Second Offense
Misdemeanor or Felony - Revocation and $10, 000
							 fine.
Misdemeanor or Felony - Revocation and $10, 000
							 fine.
Misdemeanor or Felony - Revocation and $10, 000
							 fine.
Misdemeanor or Felony - Revocation and $10, 000
							 fine.
(eee) Failing to remit the sum owed to the state for
							 any overpayment from the Medicaid program pursuant to a final order, judgement,
							 or stipulation or settlement.
(Section
							 456.072(1)(jj),
							 F.S.)
First Offense
$2, 500 fine, Letter of concern.
$7, 500 fine and one (1) year suspension.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
$7, 500 fine, reprimand.
$10, 000 fine, revocation.
Revocation.
Revocation.
(fff) Being terminated from the state Medicaid
							 program pursuant to Section
							 409.913, F.S., any other state
							 Medicaid program, or the federal Medicare program, unless eligibility to
							 participate in the program from which the practitioner was terminated has been
							 restored.
(Section
							 456.072(1)(kk),
							 F.S.
First Offense
$1, 000 fine and a Letter of Concern.
$5, 000 fine, one (1) year suspension followed by two
							 (2) years probation.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
$5, 000 fine and a reprimand.
$10, 000 fine and two (2) year's suspension followed
							 by three (3) years probation.
Revocation.
Revocation.
Third Offense
$10, 000 fine, five (5) year suspension followed by
							 five (5) years probation.
$10, 000 fine and revocation.
Revocation.
Revocation.
(ggg) Being convicted of, or entering a plea of
							 guilty or nolo contendere, to any misdemeanor or felony, regardless of
							 adjudication, a crime in any jurisdiction which relates to health care
							 fraud.
(Section
							 456.072(1)(ll),
							 F.S.)
First Offense
Misdemeanor - $10, 000 fine, reprimand.
Felony - Revocation $10, 000 fine.
Misdemeanor - $10, 000 fine, suspension.
Felony - Revocation $10, 000 fine.
Reprimand and One (1) year Suspension.
Revocation or Denail of Application.
Second Offense
Misdemeanor or Felony - $10, 000 fine,
							 revocation.
Misdemeanor or Felony - $10, 000 fine,
							 revocation.
Revocation.
Revocation.
(hhh) Failure to comply with the controlled substance
							 prescribing requirements of Section
							 456.44, F.S.
(Section
							 456.072(1)(mm),
							 F.S.)
First Offense
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.
Revocation and an administrative fine of $10,
							 000.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Suspension of license for a period of one (1) year
							 followed by probation and an adminstrative fine in the amount of $10,
							 000.
Revocation and an administrative fine in the amount
							 of $10, 000.
Six (6) month Suspension.
Revocation.
(iii) Providing false or deceptive expert witness
							 testimony related to the practice of dentistry.
(Section
							 466.028(1)(ll),
							 F.S.)
First Offense
Reprimand and an administrative fine of $5,
							 000.
Revocation and an administrative fine of $10,
							 000.
Reprimand.
One (1) year Suspension or Denial of
							 Application.
Second Offense
Revocation and an administrative fine of $10,
							 000.
Revocation and an administrative fine of $10,
							 000.
Six (6) month Suspension.
Revocation.
(jjj) Willfully failing to comply with Section
							 627.64194 or
							 641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							 456.072(1)(oo),
							 F.S.
First Offense
Reprimand and a $5, 000 fine.
Probation with conditions and $7, 500 fine.
Not Applicable to Telehealth Registrants.
Second Offense
Reprimand; suspension for 6 months followed by
							 probation with conditions; and $8, 000 fine.
$10, 000 fine and revocation.
Not Applicable to Telehealth Registrants.
(kkk) Failure to comply with the parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
First Offense
Letter of Concern.
Reprimand and $500 fine.
Reprimand.
One (1) month suspension.
Second Offense
Reprimand and $250 fine.
Probation with conditions.
One (1) month suspension.
Six (6) month suspension.
Third or Subsequent Offense
Probation with conditions and $2, 500 fine.
One (1) year suspension and $5, 000 fine.
One (1) year suspension.
Denial or revocation of License.
(lll) 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.)
First Offense
Denial or revocation of license.
Denial or revocation of license and $5, 000
							 fine.
Denial or revocation of license.
Denial or revocation of license.
Second or Subsequent Offense
Denial or revocation of license and $5, 000
							 fine.
Denial/revocation of license and $10, 000
							 fine.
Denial or revocation of license.
Denial or revocation of license.
(2)
				Based upon consideration of aggravating or mitigating factors, present in an
				individual case, except for explicit statutory maximum and minimum penalty
				requirements, the Board may deviate from the penalties recommended in
				subsection (1), above, and subsection (3), below. The Board shall consider as
				aggravating or mitigating factors the following:
(a) The danger to the public;
(b) The number of specific offenses, other
				than the offense for which the licensee is being punished;
(c) Prior discipline that has been imposed on
				the licensee;
(d) The length of
				time the licensee has practiced;
(e) The actual damage, physical or otherwise,
				caused by the violation and the reversibility of the damage;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the licensee;
(h)
				Efforts by the licensee towards rehabilitation;
(i) The actual knowledge of the licensee
				pertaining to the violation;
(j)
				Attempts by the licensee to correct or stop the violation or refusal by the
				licensee to correct or stop the violation; and,
(k) Degree of contrition and acceptance of
				responsibility by Respondent.