Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B18 - Board of Podiatric Medicine › Chapter 64B18-14 - DISCIPLINARY MATTERS › Section 64B18-14.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
The Board sets forth below a range of disciplinary guidelines
				  from which disciplinary penalties will be imposed upon a licensee whom it
				  regulates under Chapters 456 and 461, F.S. The purpose of the disciplinary
				  guidelines is to give notice to licensees of the range of penalties which will
				  normally be imposed upon violations of particular provisions of either Chapter
				  456 or 461, F.S., and/or any laws and rules adopted pursuant thereto. The brief
				  description of each violation is provided for quick reference and is not
				  intended to convey all elements of any given statutory provision. The full
				  language of each statutory provision cited must be consulted in order to
				  determine the conduct involved. The disciplinary guidelines are based upon a
				  single count violation of each provision listed. Multiple counts of violations
				  of the same provision of Chapter 456 or 461, F.S., and/or the laws and rules
				  adopted pursuant thereto, or other unrelated violations contained in the same
				  administrative complaint will be grounds for enhancement of penalties. All
				  penalties at the upper range of the sanctions set forth in the guidelines,
				  i.e., suspension, revocation, etc., include lesser penalties, i.e., fine,
				  probation or reprimand which may be included in the final penalty.
VIOLATION
FLORIDA LICENSEE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY
							 RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(1) Practicing or attempting to practice podiatric
							 medicine without an active license or with a license fraudulently
							 obtained.
(Section
							  461.012(1)(a),
							 F.S.)
a. Practicing with a license that was fraudulently
							 obtained.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
b. Practicing or attempting to practice podiatric
							 medicine without an active license.
MIN: Reprimand and a $1, 000 fine;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(2) Advertising podiatric services without an active
							 license or with a license fraudulently obtained.
(Section
							  461.012(1)(b),
							 F.S.)
a. Advertising with a license that was fraudulently
							 obtained.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
b. Advertising without an active license.
MIN: Reprimand and a $500 fine;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: Reprimand and a $2, 500 fine;
MAX: $5, 000 fine and one (1) year probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
(3) Using or attempting to use a license to practice
							 podiatric medicine which has been suspended.
(Section
							  461.012(1)(b),
							 F.S.)
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(4) Selling or fraudulently obtaining or furnishing
							 any podiatry diploma, license, or record of registration or aiding or abetting
							 the same.
(Section
							  461.012(2)(a),
							 F.S.)
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(5) Making any willfully false oath or affirmation
							 whenever an oath or affirmation is required by Chapter 461, F.S.
(Section
							  461.012(2)(b),
							 F.S.)
MIN: $10, 000 fine and six (6) month suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(6) Using any name, title, or phrase which would lead
							 the public to believe that such person is engaging in the practice of podiatric
							 medicine, unless such person is licensed as a podiatric physician in this
							 state.
(Section
							  461.012(2)(c),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(7) Knowingly concealing information relative to a
							 violation of Chapter 461, F.S.
(Section
							  461.012(2)(d),
							 F.S.)
MIN: Reprimand and a $2, 000 fine;
MAX: $7, 500 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(8) Attempting to obtain, obtaining or renewing a
							 license to practice podiatric medicine by bribery, by fraudulent
							 misrepresentation, or through an error of the Department or the Board.
(Sections
							  461.013(1)(a),
							 and  456.072(1)(h),
							 F.S.)
a. Bribery.
MIN: Reprimand and a $5, 000 fine;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
b. Fraudulent
Misrepresentations.
MIN: $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
c. Error of the Department or Board.
MIN: Reprimand;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(9) Having a license to practice podiatric medicine
							 revoked, suspended, or otherwise acted against, including the denial of
							 licensure, by the licensing authority of another state, territory, or
							 country.
(Sections
							  461.013(1)(b),
							 and  456.072(1)(f),
							 F.S.)
MIN: $500 fine and same penalty as imposed in the
							 other jurisdiction or as closely as possible to penalties for similar
							 violation;
MAX: $5, 000 fine and same penalty as imposed in the
							 other jurisdiction or as closely as possible to penalties for similar
							 violation.
MIN: $5, 000 fine and same penalty as imposed in the
							 other jurisdiction or as closely as possible to penalties for similar
							 violation;
MAX: Revocation.
MIN: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.)
MIN: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.)
(10) Being convicted or found guilty of, or entering
							 a plea of guilty or nolo contendere to, regardless of adjudication, of a crime
							 in any jurisdiction which relates to the practice of podiatric medicine or the
							 ability to practice podiatric medicine.
(Sections
							  461.013(1)(c),
							 and  456.072(1)(c),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(11) Advertising in a manner which is false,
							 deceptive or misleading.
(Section
							  461.013(1)(d),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $5, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and six (6) months of
							 suspension.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(12) Advertising, practicing or attempting to
							 practice under a name other than one's own.
(Section
							  461.013(1)(e),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $5, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and six (6) months of
							 suspension.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(13) Failing to report to the Department any person
							 the licensee knows to be in violation of Chapters 456 or 461, F.S., or the
							 rules of the Board or Department.
(Sections
							  456.072(1)(i),
							 and  461.013(1)(f),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand and a $2, 500 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(14) Aiding, assisting, procuring, permitting or
							 advising any unlicensed person to practice a profession contrary to Chapter 456
							 or 461, F.S., or the rules of the Board or Department.
(Sections
							  456.072(1)(j) 
							 and  461.013(1)(g),
							 F.S.)
MIN: $1, 000 fine and six (6) months of
							 probation;
MAX: $5, 000 fine and six (6) month suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(15) Failing to perform any statutory or legal
							 obligation placed upon a licensee.
(Sections
							  456.072(1)(k),
							 and  461.013(1)(h),
							 F.S.)
MIN: Reprimand and a $5, 000 fine;
MAX: $8, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(16) Making or filing a report or record which the
							 licensee knows to be false, intentionally or negligently failing to file a
							 report or record required by state or federal law, willfully impeding or
							 obstructing such filing, or inducing another person to impede or obstruct such
							 filing.
(Sections
							  456.072(1)(l),
							 and  461.013(1)(i),
							 F.S.)
a. Making or filing a false report.
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: Revocation and a $10, 000 fine.
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
b. Failing to file a report, impeding another from
							 filing a report, or inducing another to impede the filing of a report.
MIN: Reprimand and a $1, 000 fine;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and six (6) months of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(17) Making misleading, deceptive, untrue or
							 fraudulent representations in the practice of podiatric medicine, or employing
							 a trick or scheme.
(Sections 456.072(1)(a) and (m); and
							  461.013(1)(j),
							 F.S.)
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(18) Soliciting patients either personally or through
							 an agent.
(Section
							  461.013(1)(k),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $2, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(19) Failing to keep written medical records
							 justifying the course of treatment of the patient.
(Section
							  461.013(1)(l),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $2, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(20) Exercising influence on the patient or client
							 for financial gain of the licensee or of a third party.
(Sections
							  456.072(1)(n),
							 and  461.013(1)(m),
							 F.S.)
MIN: $1, 000 fine and six (6) months of
							 probation;
MAX: $5, 000 fine and six (6) month suspension
							 followed by six (6) months of probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(21) Performing professional services which have not
							 been duly authorized by the patient or client or his legal
							 representative.
(Section
							  461.013(1)(n),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and six (6) month suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Six (6) month suspension and a corrective action
							 plan.
(22) Prescribing, dispensing, administering, mixing
							 or otherwise preparing a legend drug, including all controlled substances,
							 other than in the course of the podiatric physician's professional
							 practice.
(Section
							  461.013(1)(o),
							 F.S.)
MIN: $10, 000 fine and six (6) month
							 suspension;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation.
MIN: Suspension and corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and corrective action
							 plan;
MAX: Revocation.
(23) Prescribing, dispensing, or administering any
							 medicinal drug appearing on any schedule set forth in Chapter 893, F.S., by the
							 podiatric physician to himself.
(Section
							  461.013(1)(p),
							 F.S.)
MIN: $3, 000 fine and one (1) year of
							 probation;
MAX: $8, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and six (6) month suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(24) Prescribing, ordering, dispensing,
							 administering, supplying, selling or giving amphetamine or sympathomimetic
							 amine drug or compound designated as a Schedule II controlled substance
							 pursuant to Chapter 893, F.S.
(Section
							  461.013(1)(q),
							 F.S.)
MIN: $1, 000 fine and six (6) month suspension
							 followed by six (6) months of probation;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Six (6) month suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(25) Being unable to practice podiatric medicine with
							 reasonable skill and safety to patients by reason of illness, or use of
							 alcohol, drugs, narcotic, chemicals or any other type of material or as a
							 result of any mental or physical condition.
(Sections
							  456.072(1)(z) 
							 and  461.013(1)(r),
							 F.S.)
MIN: $1, 000 fine and suspension until safe to
							 practice with reasonable skill and safety;
MAX: Revocation.
MIN: $2, 500 fine and one (1) year suspension
							 followed by suspension until safe to practice with reasonable skill and
							 safety;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
(26) Gross or repeated malpractice or the failure to
							 practice podiatric medicine at a level of care, skill, and treatment which is
							 recognized by a reasonably prudent podiatric physician as being acceptable
							 under similar conditions and circumstances.
(Sections
							  461.013(1)(s) 
							 and  456.072(7),
							 F.S.)
MIN: $10, 000 fine and six (6) month
							 suspension;
MAX: Revocation and a $10, 000 fine.
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation.
MIN: Six (6) month suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(27) Performing any procedure or prescribing any
							 therapy which, by prevailing standards of podiatric practice in the community,
							 would constitute experimentation on human subjects without first obtaining
							 full, informed, and written consent.
(Section
							  461.013(1)(t),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: $8, 000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(28) Practicing or offering to practice beyond the
							 scope permitted by law or accepting and performing professional
							 responsibilities which the licensee knows or has reason to know that he is not
							 competent to perform.
(Sections
							  456.072(1)(o) 
							 and  461.013(1)(u),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: $8, 000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(29) Delegating professional responsibilities to a
							 person when the licensee delegating such responsibilities knows or has reason
							 to know that such person is not qualified by training, experience or licensure
							 to perform them.
(Sections
							  456.072(1)(p),
							 and  461.013(1)(v),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(30) Failure to comply with a lawful order of the
							 Board.
(Sections 456.072(1)(q) and
461.013(1)(w),
							 F.S.)
MIN: $500 fine and suspension until
							 compliance;
MAX: $1, 000 fine and suspension until
							 compliance.
MIN: $1, 000 fine and suspension until
							 compliance;
MAX: $5, 0000 fine and suspension until
							 compliance.
MIN: Suspension and a corrective action plan to
							 include compliance;
MAX: One (1) year suspension and a corrective action
							 plan to include compliance.
MIN: One (1) year suspension and a corrective action
							 plan to include compliance;
MAX: Revocation.
(31) Conspiring with another licensee or with any
							 other person to commit an act, or committing an act, which would tend to
							 coerce, intimidate or preclude another licensee from lawfully advertising his
							 services.
(Section
							  461.013(1)(x),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: $1, 500 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(32) Prescribing, ordering, dispensing,
							 administering, supplying, selling or giving growth hormones, testosterone or
							 its analogs, human chorionic gonadotropin (CG), or other hormones for the
							 purpose of muscle building or to enhance athletic performance.
(Section
							  461.013(1)(y),
							 F.S.)
MIN:$5, 000 fine and one (1) year of
							 probation;
MAX: $8, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN:$8, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(33) Fraud, deceit, or misconduct in the practice of
							 podiatric medicine.
(Section
							  461.013(1)(z),
							 F.S.)
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(34) Failure to report to the Department any licensee
							 under Chapter 458 or 459, F.S., in the same facility for violations of
							 disciplinary provisions of their laws and rules.
(Section
							  461.013(1)(aa),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand and a $2, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(35) Failure to comply with the requirements of
							 Sections  381.026 and
							  381.0261, F.S., to provide
							 patients with information regarding their patient rights and how to file a
							 complaint.
(Sections
							  456.072(1)(u),
							 and  461.013(1)(bb),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: $1, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $2, 000 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(36) Violating any provisions of Chapters 461, 456,
							 F.S., or any rules promulgated thereto, unless otherwise specifically
							 referenced herein.
(Sections
							  456.072(1)(dd) 
							 and  461.013(1)(cc),
							 F.S.)
MIN: Reprimand and a $3, 000 fine;
MAX: $8, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
a. Failure to complete the two (2) hour course on
							 medical errors.
(Section
							  456.013(7),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Reprimand.
b. Failure to provide the licensee's current mailing
							 address.
(Section
							  456.035(1),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand and a $2, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Reprimand.
c. Failure to submit or update required
							 information.
(Section
							  456.039(3)(b),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Reprimand.
d. Failure to report sexual misconduct.
(Section
							  456.063, F.S.)
MIN: Reprimand and a $1, 500 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: $5, 000 fine and six (6) months of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
e. Authorizing or directing a person not certified
							 pursuant to Section  461.0135, F.S., to operate X-Ray
							 equipment.
(Section
							  461.013(2)(v),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Reprimand.
(37) Failure to comply with HIV/AIDS education
							 requirement.
(Section
							  456.072(1)(e),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $2, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(38) 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.)
MIN: $500 fine and six (6) months of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(39) Interfering with an investigation or inspection
							 authorized by statute.
(Section
							  456.072(1)(r),
							 F.S.)
MIN: $1, 000 fine and one (1) year suspension;
MAX: Revocation.
MIN: $8, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(40) Failure to comply with domestic violence
							 education requirement.
(Section
							  456.072(1)(s),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $2, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(41) Failure to identify the type of license under
							 which the practitioner is practicing.
(Section
							  456.072(1)(t),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: Reprimand and a $500 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(42) Engaging or attempting to engage a patient or
							 client in sexual misconduct as defined in Section
							  456.063(1),
							 F.S.
(Section
							  456.072(1)(v),
							 F.S.)
MIN: $5, 000 fine and one (1) year of suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(43) Failure to comply with the requirements of
							 profiling or credentialing.
(Section
							  456.072(1)(w),
							 F.S.)
MIN: Reprimand and a $500 fine;
MAX: Reprimand and a $1, 000 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Reprimand.
(44) Failure to report a criminal conviction or plea
							 to the Board in writing within 30 days.
(Section
							  456.072(1)(x),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: Reprimand and a $500 fine.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $2, 000 fine.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(45) Using information about people involved in motor
							 vehicle accidents which has been derived from accident reports, etc., for
							 solicitation of business.
(Section
							  456.072(1)(y),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: $5, 000 fine and six (6) months of
							 probation.
MIN: Reprimand and a $5, 000 fine;
MAX: $10, 000 fine and one (1) year of
							 probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Reprimand, suspension and a corrective action
							 plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(46) Testing positive on a preemployment drug screen
							 without lawful prescription for indicated drug.
(Section
							  456.072(1)(aa),
							 F.S.)
MIN: Reprimand and a $500 fine,
MAX: $1, 000 fine and suspension until safe to
							 practice with reasonable skill and safety.
MIN: $5, 000 fine and suspension until safe to
							 practice with reasonable skill and safety;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
(47) Performing health care services on the wrong
							 patient, wrong site, wrong or unauthorized procedure.
(Section
							  456.072(1)(bb),
							 F.S.)
MIN: Reprimand, continuing education, and a $1, 000
							 fine;
MAX: $5, 000 fine and six (6) month suspension
							 followed by one (1) year of probation.
MIN: Reprimand, $5, 000 fine, continuing education,
							 and one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Six (6) month suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(48) Leaving an undisclosed foreign object in
							 patient.
(Section
							  456.072(1)(cc),
							 F.S.)
MIN: Reprimand, continuing education, and a $1, 000
							 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand, $5, 000 fine, continuing education,
							 and one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Six (6) month suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(49) 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 "up coded" as defined in
							 Section  627.732, F.S.
(Section
							  456.072(1)(ee),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: $2, 500 fine and six (6) months of
							 probation.
MIN: Reprimand, a $5, 000 fine, and six (6) months of
							 probation;
MAX: Revocation.
MIN: Reprimand;
MAX Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(50) With respect to making a personal injury
							 protection claim as required by Section
							  627.736, F.S., intentionally
							 submitting a claim, statement, or bill for services not rendered.
(Section
							  456.072(1)(ff),
							 F.S.)
MIN: Reprimand and a $3, 000 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: Reprimand, a $5, 000 fine, and six (6) month
							 suspension;
MAX: Revocation.
MIN: Reprimand;
MAX Suspension and a corrective action plan.
MIN: Six (6) month suspension and a corrective action
							 plan;
MAX: Revocation.
(51) Engaging in a pattern when prescribing medicinal
							 drugs or controlled substances which demonstrates a lack of reasonable skill to
							 patients.
(Section
							  456.072(1)(gg),
							 F.S.)
MIN: Reprimand, continuing education, and a $3, 000
							 fine;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand, a $5, 000 fine, continuing education
							 courses, and a six (6) month suspension;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Six (6) month suspension and a corrective action
							 plan;
MAX: Revocation.
(52) Termination from impaired practitioner treatment
							 program.
(Section
							  456.072(1)(hh),
							 F.S.)
MIN: $1, 000 fine, and suspension until safe to
							 practice with reasonable skill and safety;
MAX: Revocation.
MIN: $5, 000 fine, one (1) year suspension followed
							 by suspension until safe to practice with reasonable skill and safety;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
(53) Being convicted of, or entering a plea of guilty
							 or nolo contendere to, any misdemeanor or felony, regardless of adjudication,
							 to any of the acts set forth in Section
							  456.072(1)(ii),
							 F.S., relating to the Medicaid program.
(Section
							  456.072(1)(ii),
							 F.S.)
MIN: $10, 000 fine and six (6) month
							 suspension;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation.
MIN: Six (6) month suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation
(54) Failing to remit the sum owed to the state for
							 an overpayment from the Medicaid program pursuant to a final order, judgment,
							 or stipulation or settlement.
(Section
							  456.072(1)(jj),
							 F.S.)
MIN: Reprimand and a $2, 500 fine;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(55) 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.)
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension;
MAX: Revocation.
(56) 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.)
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(57) Failure to comply with controlled substance
							 prescribing requirements for acute pain, pursuant to Rule
							  64B18-23.002, F.A.C., and
							 Section  456.44, F.S.
(Section
							  456.072(1)(mm),
							 F.S.)
MIN: Reprimand, a fine of $500, and continuing
							 education;
MAX: $1, 000 fine and a six (6) month suspension
							 followed by six (6) months of probation.
MIN: Reprimand, a fine of $2, 500, continuing
							 education, and one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Six (6) month suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(58) Violating any of the provisions of Section
							  790.338, F.S.
(Section
							  456.072(1)(nn),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: Reprimand and a $500 fine.
MIN: Reprimand, continuing education, and a $1, 000
							 fine;
MAX: $2, 000 fine and six (6) month suspension
							 followed by six (6) months of probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(59) 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.)
MIN: Reprimand and a $250 fine;
MAX: Reprimand and a $500 fine.
MIN: Reprimand, continuing education, and a $1, 000
							 fine;
MAX: $2, 000 fine and six (6) month suspension
							 followed by six (6) months of probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(60) Providing information indicating that a person
							 has a disability supporting a person's need for an emotional support animal
							 without knowledge of the person's disability.
(Section
							  456.072(1)(pp),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: Reprimand and a $500 fine.
MIN: Reprimand, continuing education, and a $1, 000
							 fine;
MAX: $2, 000 fine and six (6) month suspension
							 followed by six (6) months of probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(61) Section
							  456.072(1)(rr),
							 F.S: Failure to comply with the parental consent requirements of Section
							  1014.06, F.S.
MIN: Reprimand and a $1, 000 fine;
MAX: Reprimand and a $5, 000 fine.
MIN: Reprimand, continuing education, and a $5, 000
							 fine;
MAX: $10, 000 fine and six (6) month suspension
							 followed by six (6) months of probation.
MIN: Reprimand;
MAX: Reprimand.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
(62) Section
							  456.072(1)(ss),
							 F.S: Being convicted or found guilty of, entering a plea of guilty or nolo
							 contendere to, regardless of adjudication, 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 a similar offense in another jurisdiction.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
Rulemaking Authority
					 456.072,
					 456.079,
					 461.005,
					 461.013 FS. Law Implemented
					  456.033,
					  456.063,
					  456.072,
					  456.079,
					  461.012,
					  461.013 FS.
New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended
					 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended
					 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02,
					 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, 11-27-16, 4-19-17, 1-2-19,
					 12-29-21.