Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B23 - Council of Medical Physicists › Chapter 64B23-6 - DISCIPLINE › Section 64B23-6.001 - Penalty-Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless mitigating or aggravating factors
				are present, when the Department finds an applicant or licensee whom it
				regulates under Chapter 483, Part IV, F.S., has committed any of the acts set
				forth in Section  483.901(6),
				F.S., it shall issue a final order imposing appropriate penalties based on the
				severity and repetition of the violation within the ranges recommended in the
				following disciplinary guidelines. The identification of violations is
				descriptive only; the full language of each statutory provision cited must be
				considered in order to determine the conduct included. Any of the listed
				violations provide sufficient grounds for denying a licensure application. A
				finding of financial benefit or self-gain related to the violation is grounds
				for requiring the person charged with a violation to refund fees billed and
				collected from a patient or third party in addition to any other appropriate
				penalties imposed by this rule. In addition to any other discipline imposed,
				the Department shall assess the actual costs related to the investigation and
				prosecution of a case. In addition to or in lieu of the penalties provided
				herein, if the violation is for fraud or making a false or fraudulent
				representation, the Department shall impose a fine of $10, 000.00 per count or
				offense.
(a) Section 483.901(6)(g)1. or
				 456.072(1)(h),
				F.S.: Attempting to obtain, obtaining or renewing a license to practice medical
				physics by bribery, by fraudulent misrepresentation, or through an error of the
				Department.
Bribery and concealment of material fact not amounting to
				  fraud - from a minimum fine of $500.00 and/or up to two years of probation to a
				  maximum of revocation. For a second or subsequent violation, revocation and a
				  maximum fine of $10, 000.00.
Fraud, knowing or fraudulent misrepresentation - from six
				  months probation and a fine of $10, 000.00 to a maximum of revocation and a
				  fine of $10, 000.00. For a second or subsequent violation, revocation and a
				  fine of $10, 000.00.
Department error - from a letter of concern and/or a fine of
				  $500.00, up to a maximum of suspension of license for one year, followed by two
				  years of probation, and a fine of $5, 000.00. For a second or subsequent
				  violation, from a minimum fine of $5, 000.00 to revocation.
(b) Section 483.901(6)(g)2. or
				 456.072(1)(f),
				F.S.: Having a license to practice medical physics revoked, suspended, or
				otherwise acted against, including the denial of licensure, by the licensing
				authority of another state, territory, or country - action consistent with the
				penalty guidelines for the violation had the violation occurred in the State of
				Florida. For a second or subsequent violation, action consistent with the
				penalty guidelines for a repeat violation had it occurred in Florida.
(c) Section 483.901(6)(g)3. or
				 456.072(1)(c),
				F.S.: Being convicted or found guilty, regardless of adjudication, of a crime
				in any jurisdiction which is directly related to the practice of medical
				physics or the ability to practice medical physics - from a minimum fine of $1,
				500.00 and six months probation to a maximum fine of $5, 000.00 and/or
				revocation. For a second or subsequent violation, from a minimum of one year of
				probation up to a maximum fine of $10, 000.00 and/or revocation of
				license.
(d) Sections
				483.901(6)(g)4.,  456.072(1)(g) 
				or  456.072(1)(l),
				F.S.: False reporting or other reporting violations - from a minimum fine of
				$3, 000.00 and/or suspension of license for three months followed by six months
				probation up to a maximum of revocation and/or a fine of $7, 500. For a second
				or subsequent violation, up to a maximum fine of $10, 000.00 and/or
				revocation.
(e) Section
				483.901(6)(g)5. or  456.072(1)(a),
				F.S.: Advertising or otherwise making representations in a manner which is
				false, deceptive or misleading - from a minimum fine of $1, 000.00 and a
				reprimand up to a maximum fine of $7, 500.00 and one year of probation. For a
				second violation, from a minimum fine of $2, 500.00 and/or one year of
				probation to a maximum fine of $10, 000.00 and/or six months suspension of
				license. For a third violation, a fine of up to $10, 000.00 and/or one year of
				suspension followed by two years probation up to a maximum fine of $10, 000.00
				and/or revocation.
(f) Section
				483.901(6)(g)6. or  456.072(1)(i),
				F.S.: Failing to report to the Department any person the licensee knows to be
				in violation of Chapter 456 or 483, Part IV, F.S., or the rules of the
				Department - from a minimum letter of concern and/or a fine of $500.00 up to a
				maximum fine of $1, 000.00 and/or six months of probation. For a second or
				subsequent violation, a minimum of six months of probation and/or a fine of $2,
				000.00 to a maximum fine of $7, 500.00 and/or revocation.
(g) Section 483.901(6)(g)7. or
				 456.072(1)(k),
				F.S.: Failing to perform any statutory or legal obligation placed upon a
				licensee - from a minimum fine of $500.00 and a letter of concern up to a
				maximum fine of $7, 500.00 and/or two years of suspension followed by two years
				of probation. For a second violation, from a minimum fine of $2, 500.00 and six
				months of probation up to a maximum fine of $10, 000.00 and/or revocation. For
				a third or subsequent violation, up to a fine of $10, 000.00 and/or
				revocation.
(h) Section
				483.901(6)(g)8. or  456.072(1)(j),
				F.S.: Aiding, assisting, procuring, permitting or advising any unlicensed
				person to practice medical physics contrary to Chapter 483, Part IV, F.S., or
				the rules of the Department - from a minimum $3, 500.00 fine and/or one year of
				suspension followed by probation to a fine of $7, 500.00 and/or revocation of
				license. For a second or subsequent violation, from a fine of $5, 000.00 up to
				a maximum fine of $10, 000.00 and/or revocation.
(i) Section 483.901(6)(g)9. or
				 456.072(1)(p),
				F.S.: Delegating professional responsibilities to a person when the delegating
				licensee knows or has reason to know that such person is not qualified by
				training, experience or licensure to perform them - from a minimum fine of $1,
				500.00 and/or six months of probation up to a maximum fine of $5, 000.00 and
				suspension of license for two years followed by up to three years of probation.
				For a second or subsequent violation, from a minimum fine of $3, 000.00 and/or
				suspension of license for six months followed by one year of probation up to a
				maximum fine of $10, 000.00 and/or revocation.
(j) Section 483.901(6)(g)10. or
				 456.072(1)(o),
				F.S.: Practicing or offering to practice beyond the scope permitted by law or
				accepting and performing professional responsibilities which the licensee has
				reason to know that the licensee is not competent to perform - from a minimum
				fine of $1, 000.00 and/or one year of probation up to a maximum fine of $5,
				000.00 and/or two years of probation. For a second or subsequent violation,
				from a minimum fine of $2, 500.00 and two years of probation up to a maximum
				fine of $8, 000.00 and/or revocation.
(k) Section 483.901(6)(g)11., F.S.: Gross or
				repeated malpractice or the failure to practice medical physics at a level of
				care, skill, and treatment which is recognized by a reasonably prudent medical
				physicist as being acceptable under similar conditions and circumstances - from
				a minimum fine of $1, 000.00 up to a maximum fine of $10, 000.00 and/or
				revocation. For a second or subsequent violation, from a minimum fine of $5,
				000.00 up to a maximum fine of $10, 000.00 and/or revocation.
(l) Section 483.901(6)(g)12., F.S.:
				Judicially determined mental incompetency - from a minimum of voluntary
				relinquishment of license pending a judicial determination or suspension until
				a judicial determination that competency to practice has been restored to
				revocation.
(m) Section
				483.901(6)(g)13. or  456.072(1)(z),
				F.S.: Practicing medical physics without reasonable skill and safety 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 - from a minimum of
				a referral to a Department approved impaired practitioner program or the
				Professionals Resource Network (PRN) for evaluation and/or treatment and two
				years of probation to a maximum of suspension of license until determined safe
				to practice followed by up to five years of probation. For a second or
				subsequent violation, from a $750.00 fine, referral to PRN, and a minimum of
				two years probation to revocation.
(n) Section 483.901(6)(g)14., or
				 456.072(1)(b) 
				or  456.072(1)(dd),
				F.S.: Violating any provision of Chapter 483, Part IV or Chapter 456, F.S., or
				any rules adopted pursuant thereto - from a minimum fine of $1, 000.00 and/or a
				reprimand up to a maximum fine of $5, 000.00 and/or suspension of license for
				two years followed by two years of probation. For a second violation, from a
				minimum fine of $5, 000.00 and/or two years of probation up to a maximum fine
				of $10, 000.00 and/or revocation. For a third or subsequent violation, from a
				minimum fine of $7, 500.00 and/or six months of suspension followed by two
				years of probation up to a maximum fine of $10, 000.00 and/or
				revocation.
(o) Section
				 456.072(l)(m),
				F.S.: Making misleading, deceptive, untrue or fraudulent representations in the
				practice of medical physics or employing a trick or scheme in the practice of
				medical physics when such scheme or trick fails to conform to the generally
				prevailing standards of treatment in the community - from a minimum six months
				of probation to a maximum suspension of license for one year followed by two
				years of probation and a $10, 000.00 fine per count or violation. For a second
				or subsequent violation, from a minimum of two years of probation to revocation
				and a fine of $10, 000.00 per count or violation.
(p) Section
				 456.072(l)(n),
				F.S.: Exercising influence on the patient or client in such a manner as to
				exploit the patient or client for financial gain of the licensee or of a third
				party - from a minimum fine of $1, 000.00 and/or one year of probation to a
				maximum fine of $10, 000.00 and/or revocation. For a second or subsequent
				violation, from a minimum two years probation and a fine of $2, 500.00 to a
				fine of $10, 000.00 and/or revocation.
(q) Section
				 456.072(1)(q),
				F.S.: Violating a lawfully issued order or subpoena - from a minimum fine of
				$1, 000.00 and a letter of concern to a maximum fine of $8, 000.00 and
				suspension of license for up to two years followed by two years of probation.
				For a second or subsequent violation, from a minimum fine of $2, 000.00 and/or
				two years of probation to a fine of $10, 000.00 and revocation.
(r) Section
				 456.072(1)(r),
				F.S.: Interfering with an investigation, inspection, or disciplinary proceeding
				- from a minimum fine of $800.00 and/or one year of probation to a maximum fine
				of $10, 000.00 and/or revocation. For a second or subsequent violation, a
				minimum fine of $2, 500.00 and two years probation to a maximum fine of $10,
				000.00 and/or revocation.
(s)
				Section  456.072(1)(e),
				F.S.: Failing to comply with the educational course requirements of HIV/AIDS -
				from providing proof of compliance and a minimum fine of $500.00 and a letter
				of concern to a maximum fine of $1, 500.00 and up to three years of probation.
				For a second or subsequent violation, from a minimum fine of $1, 000.00 to a
				maximum fine of $5, 000.00 and up to three months of suspension followed by two
				years of probation.
(t) Section
				 456.072(1)(t),
				F.S.: Failing to identify to a patient not in certain facilities that the
				practitioner is licensed as a medical physicist - from a letter of apology
				and/or a minimum fine of $250.00 to a maximum fine of $500.00 and/or six months
				probation. For a second or subsequent violation, from a fine of $500.00 and a
				reprimand to a fine of $1, 000.00 and/or up to one year probation.
(u) Section
				 456.072(1)(v),
				F.S.: Engaging or attempting to engage in sexual misconduct - from a reprimand
				and/or fine of $1, 000.00 to a maximum fine of $10, 000.00 and referral for
				evaluation and assistance and/or revocation. For a second or subsequent
				violation, from a fine of $5, 000.00, referral for evaluation and/or six months
				suspension followed by one year of probation to a fine of $10, 000.00 and
				revocation.
(v) Section
				 456.072(1)(x),
				F.S.: Failing to report a conviction or plea, regardless of adjudication,
				within 30 days - from a minimum letter of concern and/or fine of $250.00 to a
				maximum fine of $3, 000.00 and/or up to two years of probation. For a second or
				subsequent violation, a reprimand and fine of $500.00 up to a maximum fine of
				$5, 000.00 and three months suspension followed by two years
				probation.
(w) Section
				 456.072(1)(aa),
				F.S.: Testing positive for any drug on any preemployment or employer-ordered
				drug screening - from a minimum of a referral to a Department approved impaired
				practitioner program or PRN for evaluation and treatment and two years of
				probation to a maximum of suspension of license until determined safe to
				practice followed by up to five years of probation. For a second or subsequent
				violation, from a $750.00 fine, referral to PRN, and a minimum of two years
				probation to revocation.
(x)
				Section  456.072(1)(bb),
				F.S.: Performing or preparing for or attempting services on the wrong patient,
				wrong site, wrong procedure, or an unauthorized procedure or one that is
				medically unnecessary or unrelated to patient's condition - from a minimum fine
				of $1, 000.00 and a reprimand to a maximum fine of $9, 000.00 and/or three
				months suspension followed by two years probation. For a second or subsequent
				violation, from a minimum fine of $5, 000.00 and a year of probation to a fine
				of $10, 000.00 and/or revocation.
(y) Section
				 456.072(1)(ee) 
				or  456.072(1)(ff),
				F.S.: Intentionally submitting an "upcoded" bill or claim or a bill or claim
				for payment of services not rendered - from reimbursement and a fine of $1,
				000.00 and/or a year of probation to a maximum fine of $10, 000.00 and/or
				revocation. For a second or subsequent offense, a fine of $2, 000.00 and a year
				of probation to a maximum fine of $10, 000.00 and/or revocation.
(z) Section
				 456.072(1)(hh),
				F.S.: Being terminated from a treatment program for impaired practitioners
				without good cause - from suspension of license until determined safe to
				practice and/or reinstatement in the program to revocation. The same penalty
				would apply for a second or subsequent violation.
(aa) Section
				 456.072(1)(ii),
				F.S.: Being convicted of or entering a plea to any misdemeanor or felony 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 Medicaid -misdemeanor -
				from a minimum fine of $1, 000.00 and six months probation up to a maximum fine
				of $7, 500.00 and one year of suspension followed by two years of probation.
				Felony or for a second violation, revocation and a fine of $10,
				000.00.
(bb) Section
				 456.072(1)(jj),
				F.S.: Failing to remit the sum owed for an overpayment from the Medicaid
				program or from a final order, judgment, stipulation, or settlement - from a
				minimum fine of $1, 000.00 and a reprimand to a maximum fine of $3, 500.00 and
				two years of suspension. For a second or subsequent violation, a fine of up to
				$10, 000.00 and six months probation to revocation.
(cc) Section
				 456.072(1)(kk),
				F.S.: Being terminated from a state Medicaid program or from the federal
				Medicare program unless participation eligibility restored - from a minimum
				fine of $500.00 and a reprimand to a maximum fine of $7, 500.00 and revocation.
				For a second or subsequent violation, up to a fine of $10, 000.00 and
				revocation.
(dd) Section
				 456.072(1)(ll),
				F.S.: Being convicted of or entering a plea to any misdemeanor or felony
				relating to health care fraud - misdemeanor fraud - from a fine of $10, 000.00
				and two years of probation up to a fine of $10, 000.00 and revocation. For a
				felony or second violation, revocation and a fine of $10, 000.00.
(ee) Section
				 456.072(1)(nn),
				F.S.: Violating any provision of s.
				 790.338, F.S., relating to
				medical privacy concerning firearms - from a minimum fine of $1, 000.00 and
				letter of concern to a maximum fine of $3, 000.00 and six (6) month suspension
				followed by one (1) year probation. For a second or subsequent violation, from
				a minimum fine of $5, 000.00 and/or six (6) month suspension followed by two
				(2) years of probation to a maximum fine of $10, 000.00 and/or permanent
				revocation.
(ff) Section
				 456.072(1)(oo),
				F.S.: Willfully failing to comply with s.
				 627.64194 or
				 641.513, F.S., as to indicate a
				business practice regarding provision of emergency services and insurance
				billing - from a minimum fine of $1, 000.00 and letter of concern to a maximum
				fine of $3, 000.00 and six (6) month suspension followed by one (1) year
				probation. For a second or subsequent violation, from a minimum fine of $5,
				000.00 and/or six (6) month suspension followed by two (2) years of probation
				to a maximum fine of $10, 000.00 and/or permanent revocation.
(gg) Section
				 456.072(1)(pp),
				F.S.: Providing information, including written documentation, indicating that a
				person has a disability or supporting a person's need for an emotional support
				animal under s.  760.27, F.S., without personal
				knowledge of the person's disability or disability-related need for the
				specific emotional support animal - from a minimum six months of probation to a
				maximum suspension of license for one year followed by two years of probation
				and a $10, 000.00 fine per count or violation. For a second or subsequent
				violation, from a minimum of two years of probation to revocation and a fine of
				$10, 000.00 per count or violation.
(hh) Section
				 456.072(1)(rr),
				F.S.: Failure to comply with the parental consent requirements of s.
				 1014.06, F.S., - from a minimum
				fine of $200 and a letter of concern up to a maximum fine of $1, 000 and one
				(1) year probation. For a second or subsequent violation, from a minimum fine
				of $2, 000 and one (1) year probation up to a maximum fine of $5, 000 and six
				(6) month suspension followed by one (1) year probation.
(ii) 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 s.
				 456.074(5),
				F.S., or a similar offense in another jurisdiction - from a minimum fine of $1,
				500.00 and six months of probation to a maximum fine of $5, 000.00 and/or
				revocation. For a second or subsequent violation, from a minimum of one year of
				probation up to a maximum fine of $10, 000.00 and/or revocation of
				license.