Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B19 - Board of Psychology › Chapter 64B19-17 - DISCIPLINE › Section 64B19-17.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds that an applicant, a telehealth registrant, a psychologist temporarily
				practicing in Florida pursuant to an Interjurisdictional Practice Certificate,
				a Florida licensed psychologist providing interjurisdictional telepsychology in
				any other jurisdiction pursuant to an E-Passport, or a licensee has committed
				any of the acts set forth in Chapter 456 or 490, F.S., it may issue a final
				order imposing one or more of the penalties listed in Section
				 456.072(2)  or
				 456.47, F.S., as recommended in
				the following disciplinary guidelines. 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 Chapter 456 or
				490, F.S. All penalties at the upper range of the sanctions set forth in the
				guidelines, e.g., suspension, revocation, etc., include lesser penalties, e.g.,
				fine, continuing education, probation, or reprimand, which may be included in
				the final penalty at the board's discretion. Probation may be subject to
				conditions, including restriction from practice in certain settings,
				restricting the licensee to working only under designated conditions or in
				certain settings, requiring continuing or remedial education, or any other
				restriction found to be necessary for the protection of the public health,
				safety, and welfare. In addition to any other discipline imposed under these
				guidelines, the board shall assess costs relating to the investigation and
				prosecution of the case. Penalty ranges are shown as minimum and maximum
				guidelines as well as for first time single count violations and for multiple
				or repeated violations of the same statutory provision or the rules promulgated
				thereunder. The term license means any permit, registration, certificate,
				out-of-state telehealth provider registration, or license, including a
				provisional license, issued by the Department. The range of disciplinary action
				for registered out-of-state telehealth providers shall be, in ascending order
				of severity, reprimand, suspension, and revocation. For telehealth registrants,
				a suspension may be accompanied by a corrective action plan that includes
				rehabilitative provisions narrowly tailored to address the conduct which
				resulted in the underlying disciplinary violations. The Board may require a
				corrective action plan to be completed prior to reinstatement of the suspended
				registration or the corrective action plan may follow a suspension for a
				definite term.
(2) The following
				disciplinary guidelines shall be followed by the board in imposing disciplinary
				penalties upon licensees and permittees for violation of the below mentioned
				statutes and rules. For the purposes of this rule, the descriptions of the
				violations are abbreviated, and the full statute or rule cited should be
				consulted to determine the prohibited conduct.
VIOLATION
FLORIDA LICENSEE AND COMPACT PRACTITIONER PENALTY
							 RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY
							 RANGE
FIRST OFFENSE
SUBSEQUENT OFFENSE(S)
FIRST OFFENSE
SUBSEQUENT OFFENSE
(a) Attempting to obtain, obtaining, or renewing a
							 license by bribery or through an error of the board or department.
(Sections
							  490.009(1)(a) 
							 and  456.072(1)(h),
							 F.S.)
If through fraudulent misrepresentation.
MIN: Two (2) year probation and a $1, 000 fine, or in
							 the case of an applicant denial of licensure;
MAX: Revocation and a $5, 000 fine, or in the case of
							 an applicant denial of licensure.
MIN: Revocation and a $10, 000 fine, or in the case
							 of an applicant denial of licensure;
MAX: Revocation and a $10, 000 fine, or in the case
							 of and applicant denial of licensure.
MIN: Revocation and a $5, 000 fine, or denial of
							 licensure;
MAX: Revocation and $10, 000 fine, or denial of
							 licensure.
MIN: Revocation and a $10, 000 fine, or denial of
							 licensure;
MAX: Revocation and a $10, 000 fine, or denial of
							 licensure.
MIN: Two (2) year probation, or in the case of an
							 applicant, denial of registration;
MAX: Revocation, or in the case of an applicant,
							 denial of registration.
MIN: Revocation, or in the case of an applicant
							 denial of registration;
MAX: Revocation, or in the case of an applicant,
							 denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
MIN: Revocation or denial of registration;
MAX: Revocation or denial of registration.
(b) License disciplined by another
							 jurisdiction.
(Sections
							  490.009(1)(b) 
							 and  456.072(1)(f),
							 F.S.)
MIN: Same penalty as imposed in other jurisdiction or
							 that would have been imposed had the violation occurred in Florida and a $1,
							 000 fine;
MAX: Same penalty as imposed in other jurisdiction or
							 that would have been imposed had the violation occurred in Florida and a $5,
							 000 fine.
MIN: Same penalty as imposed in other jurisdiction or
							 that would have been imposed had the violation occurred in Florida and a $5,
							 000 fine.
MAX: Revocation and $10, 000 fine.
MIN: Reprimand;
MAX: Discipline as similar as possible to the
							 discipline imposed in the other jurisdiction.
MIN: Discipline as similar as possible to the
							 discipline imposed in the other jurisdiction;
MAX: Revocation.
(c) Criminal conviction relating to
							 psychology.
(Sections
							  490.009(1)(c) 
							 and  456.072(1)(c),
							 F.S.)
MIN: Reprimand and $2, 500 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(d) False, deceptive or misleading advertising.
							 (Sections  490.009(1)(d) 
							 and  456.072(1)(m),
							 F.S.)
If fraud or fraudulent misrepresentation.
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: $10, 000 fine and one (1) year probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by two (2) years probation.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Two (2) year suspension and a $10, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Two (2) year suspension;
MAX: Revocation.
(e) Advertising, practicing, or attempting to
							 practice under another name.
(Section
							  490.009(1)(e),
							 F.S.)
MIN: Reprimand and $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year probation and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(f) Maintaining a wrongful professional
							 association.
(Section
							  490.009(1)(f),
							 F.S.)
MIN: Reprimand and $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(g) Knowingly aiding, assisting, procuring, or
							 advising a non-licensed person.
(Sections
							  490.009(1)(g) 
							 and  456.072(1)(j),
							 F.S.)
MIN: Reprimand and $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(h) Failing to perform any statutory or legal
							 obligation.
(Sections
							  490.009(1)(h) 
							 and  456.072(1)(k),
							 F.S.)
MIN: Reprimand and $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(i) Willingly making or filing a false report,
							 etc.
(Sections
							  409.009(1)(i) 
							 and  456.072(1)(l),
							 F.S.)
MIN: Reprimand and $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(j) Paying or receiving a kickback, etc.
(Section
							  490.009(1)(j),
							 F.S.)
MIN: A refund of the fees paid by or on behalf of the
							 patient and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: A refund of the fees paid by or on behalf of the
							 patient, a two (2) year suspension followed by one (1) year probation and a $5,
							 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan including a refund of the fees paid by or on behalf of the patient.
MIN: Two (2) year suspension and a corrective action
							 plan including a refund of the fees paid by or on behalf of the patient;
MAX: Revocation.
(k) Sexual misconduct or battery on a patient.
(Section
							  490.009(1)(k),
							 and  456.072(1)(v),
							 F.S.)
MIN: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(l) Making misleading, deceptive or untrue
							 representations. (Sections
							  409.009(1)(l) 
							 and  456.072(1)(m),
							 F.S.)
If fraud or fraudulent misrepresentations.
MIN: One (1) year probation and a $1, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $10, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine;
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: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(m) Soliciting through intimidation, undue influence,
							 etc.
(Section
							  490.009(1)(m),
							 F.S.)
If through fraud.
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year probation and a $10, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $10, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation and a $10, 000 fine;
MAX: Revocation and $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(n) Failing to provide records, etc.
(Section
							  490.009(1)(n),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: Reprimand, one (1) year probation, and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Reprimand and one (1) year suspension;
MAX: Revocation.
(o) Failing to respond to Department within 30 days,
							 etc.
(Section
							  490.009(1)(o),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: Suspension until compliance and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan, to
							 include at a minimum, compliance.
MIN: One (1) year suspension and a corrective action
							 plan, to include at a minimum compliance;
MAX: Revocation.
(p) Incompetence (mental or physical impairment),
							 etc.
(Section
							  490.009(1)(p),
							 and  456.072(1)(z),
							 F.S.)
MIN: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety and a $1, 000 fine;
MAX: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety followed by one (1) year
							 probation and a $5, 000 fine.
MIN: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety followed by one (1) year
							 probation and a $5, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan, to
							 include at a minimum, demonstration of the ability to practice with reasonable
							 skill and safety.
MAX: One (1) year suspension and a corrective action
							 plan, to include at a minimum, demonstration of the ability to practice with
							 reasonanble skill and safety.
MIN: One (1) year suspension and a corrective action
							 plan, to include at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety.
MAX: Revocation.
(q) Violating provisions of Chapter 490 or 456, F.S.,
							 or any rules pursuant thereto.
(Sections
							  490.009(1)(w),
							  456.072(1)(b) 
							 and  456.072(1)(dd),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(r) Experimentation without informed consent.
(Section
							  490.009(1)(q),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(s) Failing to meet the minimum standards of
							 performance.
(Section
							  490.009(1)(r),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(t) Delegating professional responsibilities.
(Sections
							  490.009(1)(s) 
							 and  456.072(1)(p),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(u) Violating any lawful order.
(Sections
							  490.009(1)(t) 
							 and  456.072(1)(q),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: Suspension until compliance followed by one (1)
							 year probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan, to include at a minimum, compliance.
MIN: One (1) year suspension;
MAX: Revocation.
(v) Failing to maintain confidence.
(Section
							  490.009(1)(u),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX; One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(w) Identifying or damaging research clients.
(Section
							  490.009(1)(v),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(x) Failure to comply with continuing education for
							 domestic violence.
(Section
							  456.072(1)(s),
							 F.S)
MIN: Reprimand and a $500 fine;
MAX: Suspension until compliance and a $1, 000
							 fine.
MIN: Reprimand, suspension until compliance and a $1,
							 000 fine;
MAX: Suspension until compliance followed by one (1)
							 year suspension and a $2, 500 fine.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan, to include at a minimum, compliance.
MIN: Reprimand, one (1) year suspension and a
							 corrective action plan, to include at a minimum, compliance.
MAX: Revocation.
(y) Exercising influence on the patient or client for
							 financial gain.
(Section
							  456.072(1)(n),
							 F.S.)
MIN: One (1) year probation and a $1, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
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;
MAX: Revocation.
(z) Improperly interfering with an
							 investigation.
(Section
							  456.072(1)(r),
							 F.S.)
MIN: One (1) year probation and a $1, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
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;
MAX: Revocation.
(aa) Performing or attempting to perform wrong health
							 care services.
(Section
							  456.072(1)(bb),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(bb) Termination from impaired practitioner
							 program.
(Section
							  456.072(1)(hh),
							 F.S.)
MIN: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety and a $1, 000 fine;
MAX: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety followed by one (1) year
							 probation and a $5, 000 fine.
MIN: Suspension until licensee is able to demonstrate
							 ability to practice with reasonable skill and safety followed by one (1) year
							 probation and a $5, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan, to
							 include at a minimum, demonstration of the ability to practice with reasonable
							 skill and safety.
MAX: One (1) year suspension and a corrective action
							 plan, to include at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety.
MIN: One (1) year suspension and a corrective action
							 plan, to include at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety.
MAX: Revocation.
(cc) Failure to identify through written notice, or
							 orally to a patient the type of license under which the practitioner is
							 practicing. Any advertisement for health care services naming the practitioner
							 must identify the type of license the partictioner holds.
(Section
							  456.072(1)(t),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year probation and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(dd) Failure to report another licensee in
							 violation.
(Section
							  456.072(1)(i),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension
MAX: Revocation.
(ee) Practicing beyond scope permitted.
(Section
							  456.072(1)(o),
							 F.S.)
MIN: One (1) year suspension and a $1, 000
							 fine;
MAX: Revocation and a $5, 000 fine.
MIN: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(ff) Failing to report to the Board within thirty
							 (30) days after the licensee has been convicted of a crime in any
							 jurisdiction.
(Section
							  456.072(1)(x),
							 F.S.)
MIN Reprimand and a $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX; Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(gg) Being convicted of, or entering a plea of guilty
							 or nolo contendere to, any misdemeanor or felony, regardless of adjudication,
							 under 18 USC s.
							 669, ss.
							 285-287, s.
							 371, s.
							 1001, s.
							 1035, s.
							 1341, s.
							 1343, s.
							 1347, s.
							 1349, or s.
							 1518, or
							 42 USC ss.
							 1320a-7b, relating to the Medicaid
							 program.
(Section
							  456.072(1)(ii),
							 F.S.)
MIN: One (1) year probation and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(hh) Failing to remit the sum owed to the state for
							 overpayment from the Medicaid program pursuant to a final order, judgment, or
							 settlement.
(Section
							  456.072(1)(jj),
							 F.S.)
MIN: Reprimand, one (1) year probation and a $1, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Reprimand, suspension and a corrective action
							 plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
(ii) Being terminated from the state Medicaid
							 program, or any other state Medicaid program, or the federal Medicare
							 program.
(Section
							  456.072(1)(kk),
							 F.S.)
MIN: One (1) year suspension and a $1, 000
							 fine;
MAX: Revocation and a $5, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: One (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(jj) Being convicted of, or entering into a plea of
							 guilty or nolo contendere to, any misdemeanor or felony, regardless of
							 adjudication, which relates to health care fraud.
(Section
							  456.072(1)(ll),
							 F.S.)
MIN: Revocation;
MAX: Revocation and a $5, 000 fine.
MIN: Revocation and a $5, 000 fine;
MAX: Revocation and a $10, 000 fine.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(kk) 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: One (1) year suspension and a $1, 000
							 fine;
MAX: One (1) year suspension followed by one (1) year
							 probation and a $5, 000 fine.
MIN: Revocation;
MAX: Revocation and a $10, 000 fine.
MIN: One (1) year suspension;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Revocation;
MAX: Revocation.
(ll) Providing information supporting a persons need
							 for an emotional support animal without knowledge or need.
(Section
							  456.072(pp),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year suspension and a $5, 000
							 fine;
MAX; Revocation and a $10, 000 fine.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
(mm) Failure to notify the applicable board, or the
							 department if there is no board, of any adverse actions taken against his or
							 her license.
(Section
							  456.47  (4)(i)1., F.S.);
N/A
N/A
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(nn) Has restrictions placed on or disciplinary
							 action taken against his or her license in any state or jurisdiction.
(Section 456.47(4)(i)2., F.S.)
N/A
N/A
MIN: Discipline as close as possible to the
							 discipline imposed in the other jurisdiction;
MAX: Revocation.
MIN: Discipline as close as possible to the
							 discipline imposed in the other jurisdiction;
MAX: Revocation.
(oo) Violates any of the requirements of Section
							 456.47, F.S.
(Section 456.47(4)(i)3., F.S.)
N/A
N/A
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(pp) Failure to comply with the parental consent
							 requirements of Section
							  1014.06, F.S.
(Section
							  456.072(1)(rr),
							 F.S.)
MIN: Reprimand and a $1, 000 fine;
MAX: One (1) year probation and a $5, 000
							 fine.
MIN: One (1) year probation and a $5, 000
							 fine;
MAX: Revocation
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation
(qq) 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) or a similar
							 offense in another jurisdiction.
(Section
							  456.072(1)(ss),
							 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.
(3)
				Based upon consideration of aggravating and mitigating factors present in an
				individual case, the Board may deviate from the penalties recommended above.
				The Board shall consider as aggravating or mitigating circumstances the
				following:
(a) The danger to the
				public;
(b) The length of time
				since the date of violation;
(c)
				The number of complaints filed against the licensee;
(d) The length of time the licensee has
				practiced without complaint or violations;
(e) The actual damage, physical or otherwise,
				to the patient;
(f) The deterrent
				effect of the penalty imposed;
(g)
				The effect of the penalty upon the licensee's livelihood;
(h) Any efforts the licensee has made toward
				rehabilitation;
(i) The actual
				knowledge of the licensee pertaining to the violation;
(j) Attempts by the licensee to correct or
				stop violations or refusal by the licensee to correct or stop violations;
				and
(k) Related violations found
				against the licensee in another state including findings of guilt or innocence,
				penalties imposed and penalties served.