Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.020 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board
				provides within this rule disciplinary guidelines which shall be imposed upon
				applicants or licensees whom it regulates under Chapter 484, F.S., or a
				telehealth provider registered under Section
				456.47(4), F.S.
				The purpose of this rule is to notify applicants and licensees of the ranges of
				penalties that will routinely be imposed unless the Board finds it necessary to
				deviate from the guidelines for the stated reasons given within this rule. The
				ranges of penalties provided below are based upon a single count violation of
				each provision listed; multiple counts of the violated provisions or a
				combination of the violations may result in a higher penalty than that for a
				single, isolated violation. Each range includes the lowest and highest penalty
				and all penalties falling between. The purposes of the imposition of discipline
				are to punish the applicants or licensees for violations and to deter them from
				future violations; to offer opportunities for rehabilitation, when appropriate;
				and to deter other applicants or licensees from violations.
(2) Violations and Range of Penalties. In
				imposing discipline upon applicants and licensees, in proceedings pursuant to
				Sections 120.57(1) and
				120.57(2),
				F.S., the Board shall act in accordance with the following disciplinary
				guidelines and shall impose a penalty within the range corresponding to the
				violations set forth below. The verbal identification of offenses are
				descriptive only; the full language of each statutory provision cited must be
				consulted in order to determine the conduct included.
(3) When the Board finds an applicant or
				licensee whom it regulates under Chapter 484, F.S., or a telehealth provider
				registered under Section
				456.47(4),
				F.S., has committed any of the acts set forth in Section
				456.072,
				456.47, or
				484.014, F.S., it shall issue a
				final order imposing appropriate penalties within the ranges recommended in the
				following disciplinary guidelines:
VIOLATIONS
RECOMMENDED PENALTIES
TELEHEALTH DISCIPLINE
First Offense
Second Offense
Third and subsequent Offenses
First Offense
Second and Subsequent Offenses
(a) Procuring or attempting to procure, or renew a
							 license by misrepresentation, bribery, fraud or through an error of the
							 Department or the Board.
(Section
							 484.014(1)(a),
							 F.S.)
(Section
							 456.072(1)(h),
							 F.S.)
Reprimand to probation of the license and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure. If the violation is for fraud or making a false or
							 fraudulent representation, the administrative fine is $10, 000.00.
Suspension to revocation of the license and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure. If the violation is for fraud or making a false or
							 fraudulent representation, the administrative fine is $10, 000.00.
Revocation, without the ability to reapply, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure. If the violation is for fraud or making a false
							 or fraudulent representation, the administrative fine is $10, 000.00.
Reprimand to suspension and a corrective action
							 plan
Suspension to revocation
(b) Procuring or attempting to procure a license for
							 any other person by making or causing to be made any false
							 representation.
(Section
							 484.014(1)(b),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure. If the violation is for fraud or making a false or
							 fraudulent representation, the administrative fine is $10, 000.00.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure. If the violation is for fraud or making a false or
							 fraudulent representation, the administrative fine is $10, 000.00.
Suspension to revocation, without the ability to
							 reapply, and an administrative fine of $1, 000.00, or refusal to certify an
							 application for licensure. If the violation is for fraud or making a false or
							 fraudulent representation, the administrative fine is $10, 000.00.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(c) Filing a false report or failing to file a report
							 as required. Such reports or records shall include only those which the person
							 is required to make or file as an optician.
(Section
							 484.014(1)(c),
							 F.S.)
(Section
							 456.072(1)(l),
							 F.S.)
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1000.00, or refusal to certify an
							 application for licensure.
Letter of concern to reprimand
Suspension and a corrective action plan to
							 revocation
(d) Failing to make fee or price information readily
							 available by providing such information upon request or upon the presentation
							 of a prescription.
(Section
							 484.014(1)(d),
							 F.S.)
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Reprimand to suspension
(e) False, deceptive, or misleading
							 advertising.
(Section
							 484.014(1)(e),
							 F.S.)
Letter of concern to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to suspension and a corrective
							 action plan
Suspension and a corrective action plan to
							 revocation
(f) Fraud or deceit, or negligence, incompetency, or
							 misconduct in the authorized practice of opticianry.
(Section
							 484.014(1)(f),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $1, 000.00 to $3, 000.00, and if fraud is
							 proven, an administrative fine of $10, 000.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $3, 000.00 to $5, 000.00, and if fraud is
							 proven, an administrative fine of $10, 000.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, and if fraud is
							 proven, an administrative fine of $10, 000.00, or refusal to certify an
							 application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(g) Practicing with a revoked, suspended, inactive,
							 retired, or delinquent license.
(Sections
							 456.036(1) and
							 484.014(1)(g),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation, and an administrative fine
							 ranging from $750.00 to $1, 000.00, or refusal to certify an application for
							 licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(h) Violation of a lawful order of the Board or
							 Department or a subpoena of the Department.
(Section
							 484.014(1)(h),
							 F.S.)
(Section
							 456.072(1)(q),
							 F.S.)
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Suspension and a corrective action plan to
							 revocation
(i) Violation of any provision of Section
							 484.012, F.S.
(Section
							 484.014(1)(i),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension, and an administrative fine
							 ranging from $500.00 to $750.00, or refusal to certify an application for
							 licensure.
Suspension to revocation, and an administrative fine
							 ranging from $750.00 to $1, 000.00, or refusal to certify an application for
							 licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(j) Conspiring to restrict another from lawfully
							 advertising his or her services.
(Section
							 484.014(1)(j),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(k) Willfully submitting to any third party payor a
							 claim for services which were not provided to a patient.
(Section
							 484.014(1)(k),
							 F.S.)
The licensee's reimbursement to the third-party payor
							 shall be considered as a mitigating factor by the board.
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $750.00, or refusal to certify an
							 application for licensure.
Probation to suspension, and an administrative fine
							 ranging from $500.00 to $1, 000.00, or refusal to certify an application for
							 licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(l) Failing to keep written prescription
							 files.
(Section
							 484.014(1)(l),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(m) Failure to report another licensee in violation
							 of Chapters 484, Part I, 456, F.S., or rule of the Board or Department.
(Section
							 484.014(1)(m),
							 F.S.)
(Section
							 456.072(1)(i),
							 F.S.)
Letter of concern to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to suspension and a corrective
							 action plan
Suspension and a corrective action plan to
							 revocation
(n) Exercising influence on a client for financial
							 gain of the licensee or of a third party.
(Section
							 484.014(1)(n),
							 F.S.)
(Section
							 456.072(1)(n),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to a $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation and an administrative fine
							 ranging from $750.00 to $1, 000.00, or refusal to certify an application for
							 licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(o) Gross or repeated malpractice.
(Section
							 484.014(1)(o),
							 F.S.)
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Suspension to revocation of the license, without the
							 ability to reapply, and an administrative fine ranging from $900.00 to $1,
							 000.00, or refusal to certify an application for licensure.
Suspension and a corrective action plan to
							 revocation
Suspension to revocation
(p) Permitting any person not licensed as an optician
							 in this state to fit or dispense any lenses, spectacles, eyeglasses, or other
							 optical devices that are part of the practice of opticianry.
(Section
							 484.014(1)(p),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(q) Guilty of a crime directly relating to the
							 ability to practice opticianry or to the practice of opticianry.
(Section
							 484.014(1)(q),
							 F.S.)
(Section
							 456.072(1)(c),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(r) Action taken against license by another
							 jurisdiction. Licensing authority's acceptance of a relinquishment of
							 licensure, stipulation, consent order, or other settlement, offered in response
							 to or in anticipation of the filing of charges against the license, shall be
							 construed as action against the license.
(Section
							 484.014(1)(r),
							 F.S.)
(Section
							 456.072(1)(f),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspsension and a corrective action plan to
							 revocation
(s) Being unable to practice opticianry with
							 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.
(Section
							 484.014(1)(s),
							 F.S.)
(Section
							 456.072(1)(z),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(t) Violation or repeated violation of Chapter 456 or
							 484, F.S., or any rules promulgated pursuant thereto.
(Section
							 484.014(1)(i),
							 (t), F.S.)
(Section
							 456.072(1)(b),
							 (dd), F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $750.00, or refusal to certify an
							 application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(4)
				When the Board finds an applicant or licensee whom it regulates under Chapter
				484, F.S., or a telehealth provider registered under Section
				456.47(4),
				F.S., has violated Section
				484.014(1)(t),
				F.S., by violating any of the following Board rules, it shall issue a final
				order imposing appropriate penalties within the ranges recommended in the
				following disciplinary guidelines:
VIOLATIONS
RECOMMENDED PENALTIES
TELEHEALTH DISCIPLINE
First Offense
Second Offense
Third and subsequent Offenses
First Offense
Second and Subsequent Offenses
(a) Failure to give notice of withdrawal of services
							 pursuant to Rule 64B12-10.003, F.A.C.
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(b) Failure to identify through written notice or
							 orally to a patient the type of license under which the practitioner is
							 practicing pursuant to Rule
							 64B12-10.0035, F.A.C.
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Reprimand to revocation
(c) Failure to properly keep and transfer
							 prescription files pursuant to Rule
							 64B12-10.006, F.A.C.
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Reprimand to revocation
(d) Failure to assure that duplicate prescription
							 forms contain the information required by Rule
							 64B12-10.0065, F.A.C.
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Reprimand to revocation
(e) Failure to maintain the equipment required by
							 Rule 64B12-10.007, F.A.C.
Notice of Non-Compliance.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Suspension and a corrective action plan
(f) Failure to provide change of address, pursuant to
							 Rule 64B12-10.012, F.A.C.
Notice of Non-Compliance.
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Reprimand to suspension of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Letter of concern to reprimand
Reprimand to suspension
(g) Failure to properly supervise an apprentice as
							 required by Rule 64B12-16.003, F.A.C. For each
							 offense, depending upon aggravating and mitigating circumstances, the Board may
							 require probation with the condition that the licensee not serve as a
							 sponsor.
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(h) Failure to file the proper report upon
							 termination of apprenticeship as required by Rule
							 64B12-16.004, F.A.C. For each
							 offense, depending upon aggravating and mitigating circumstances, the board may
							 deny credit for hours of apprenticeship.
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(i) Failure to file the proper report upon
							 termination of sponsorship as required by Rule
							 64B12-16.004, F.A.C.
Depending upon aggravating and mitigating
							 circumstances for each offense, the Board may require probation with the
							 condition that the licensee not serve as a sponsor.
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(j) Failure of a sponsor or apprentice to comply with
							 Chapters 484, Part I, and 456, F.S., and the rules of the Board and Department
							 or to timely file complete reports or information as required by Rule
							 64B12-16.008, F.A.C.
Depending upon aggravating and mitigating
							 circumstances for each offense, the Board may require probation with the
							 condition that the licensee not serve as a sponsor or the board may deny credit
							 for hours of apprenticeship.
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(k) Failure to maintain accurate and complete records
							 of time worked by an apprentice, pursuant to Rule
							 64B12-16.009, F.A.C.
Depending upon aggravating and mitigating
							 circumstances for each offense, the Board may require probation with the
							 condition that the licensee not serve as a sponsor.
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(5)
				When the Board finds an applicant or licensee whom it regulates under Chapter
				484, F.S., or a telehealth provider registered under Section
				456.47(4),
				F.S., has violated Section
				456.063(3),
				456.065(2) or
				484.013(1)(b)
				or 456.072, F.S., by violating any
				of the following provisions, it shall issue a final order imposing appropriate
				penalties within the ranges recommended in the following disciplinary
				guidelines:
VIOLATIONS
RECOMMENDED PENALTIES
TELEHEALTH DISCIPLINE
First Offense
Second Offense
Third and subsequent Offenses
First Offense
Second Offense
(a) Failure to report allegations of sexual
							 misconduct to the department, regardless of the practice setting in which the
							 alleged sexual misconduct occurred.
(Section
							 456.063(3),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 500.00 to $5, 000.00, or refusal to
							 certify an application for licensure. If fraud or making a false or fraudulent
							 representation is proven, the administrative fine is $10, 000.00.
Probation to suspension of the license, and an
							 administrative fine ranging from $5, 000.00 to $7, 500.00, or refusal to
							 certify an application for licensure. If fraud or making a false or fraudulent
							 representation is proven, the administrative fine is $10, 000.00.
Suspension to revocation of license, and an
							 administrative fine ranging from $7, 500.00 to $10, 000.00, or refusal to
							 certify an application for licensure. If fraud or making a false or fraudulent
							 representation is proven, the administrative fine is $10, 000.00.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(b) Failure to have a licensed optician on the
							 business premises at any time that opticianry is being practiced. Should the
							 violator be an unlicensed person, the Department will enter a cease and desist
							 order.
(Sections
							 456.065(2) and
							 484.013(1)(b),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $250.00 to $750.00, or refusal to certify an
							 application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $500.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $750.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(c) Making misleading, deceptive, or fraudulent
							 representations in or related to the practice of opticianry.
(Section
							 456.072(1)(a),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, and if fraudulent
							 representations are proven, an administrative fine of $10, 000.00, or refusal
							 to certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $3, 000.00 to $5, 000.00, and if fraudulent
							 representations are proven, an administrative fine of $10, 000.00, or refusal
							 to certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, and if fraudulent
							 representations are proven, an administrative fine of $10, 000.00, or refusal
							 to certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(d) Failing to comply with the educational course
							 requirements for human immunodeficiency virus and acquired immune deficiency
							 syndrome.
(Section
							 456.072(1)(e),
							 F.S.)
Letter of concern to reprimand of the license, and an
							 administrative fine ranging from $500.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Reprimand to probation of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Letter of Concern to reprimand
Reprimand to revocation
(e) 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.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $2, 500.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(f) Aiding, assisting, procuring, employing, or
							 advising any unlicensed person or entity to practice opticianry contrary to
							 Chapters 484 and 456, F.S., or the rules of the department or the board.
(Section
							 456.072(1)(j),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $2, 000.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $5, 000.00 to $7, 500.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(g) Failure to perform legal obligation.
(Section
							 456.072(1)(k),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $500.00 to $2, 500.00, or refusal to certify
							 an application for licensure. If the violation is for fraud or making a false
							 or fraudulent representation, the administrative fine is $10, 000.00.
Probation to revocation of the license, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00, or refusal to
							 certify an application for licensure. If the violation is for fraud or making a
							 false or fraudulent representation, the administrative fine is $10,
							 000.00.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure. If the violation is for fraud or making a
							 false or fraudulent representation, the administrative fine is $10,
							 000.00.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(h) 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.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, and if fraudulent
							 representation(s) is proven, an administrative fine of $10, 000.00, or refusal
							 to certify an application for licensure.
Probation to suspension of the license, without the
							 ability to reapply, and an administrative fine ranging from $3, 000.00 to $5,
							 000.00, and if fraudulent representation(s) is proven, an administrative fine
							 of $10, 000.00, or refusal to certify an application for licensure.
Suspension to revocation of license, without the
							 ability to reapply, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00, and if fraudulent representation(s) is proven, an administrative fine
							 of $10, 000.00, or refusal to certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(i) Practicing or offering to practice beyond the
							 scope permitted by law or accepting and performing professional
							 responsibilities the licensee knows, or has reason to know, the licensee is not
							 competent to perform.
(Section
							 456.072(1)(o),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $2, 500.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(j) Delegating or contracting for the performance of
							 professional responsibilities by a person when the licensee delegating or
							 contracting for performance of such responsibilities knows, or has reason to
							 know, such person is not qualified by training, experience, and authorization
							 when required to perform them.
(Section
							 456.072(1)(p),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $2, 500.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(k) Improperly interfering with an investigation or
							 inspection authorized by statute, or with any disciplinary proceeding.
(Section
							 456.072(1)(r),
							 F.S.)
Reprimand to probation of the license, and an
							 administrative fine ranging from $500.00 to $1, 000.00, or refusal to certify
							 an application for licensure.
Probation to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension and a corrective action
							 plan
Suspension and a corrective action plan to
							 revocation
(l) Engaging or attempting to engage a patient or
							 client in verbal or physical sexual activity. For the purposes of this section,
							 a patient or client shall be presumed to be incapable of giving free, full, and
							 informed consent to verbal or physical sexual activity.
(Section
							 456.072(1)(v),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $5, 000.00 to $7, 500.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(m) Failing to report to the board, or the department
							 if there is no 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.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, or refusal to
							 certify an application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $5, 000.00 to $7, 500.00, or refusal to
							 certify an application for licensure.
Suspension to revocation of license, and an
							 administrative fine ranging from $7, 500.00 to $10, 000.00, or refusal to
							 certify an application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(n) Termination from a treatment program for impaired
							 practitioners, which is overseen by an impaired practitioner consultant as
							 described in Section 456.076, F.S.
Termination can be for failure to comply with the
							 terms of the monitoring or treatment contract entered into by the licensed
							 practitioner, failure to successfully complete any drug treatment or
							 alchohol-treatment program, or termination from a monitoring or treatment
							 contract without good cause.
(Section
							 456.072(1)(hh),
							 F.S.)
Reprimand to suspension of the license, and an
							 administrative fine ranging from $250.00 to $500.00, or refusal to certify an
							 application for licensure.
Probation to revocation of the license, and an
							 administrative fine ranging from $500.00 to $750.00, or refusal to certify an
							 application for licensure.
Suspension to revocation of the license, and an
							 administrative fine ranging from $750.00 to $1, 000.00 or refusal to certify an
							 application for licensure.
Reprimand to suspension
Suspension and a corrective action plan to
							 revocation
(o) 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.)
Revocation and a fine of $10, 000, or in the case of
							 application for licensure, denial of license.
Revocation
(p) 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.)
Letter of concern to probation of the license, and an
							 administrative fine of $500.00 to $1, 000.00.
Reprimand to suspension of license, and an
							 administrative fine of $1000.00 to $5, 000.00.
Suspension to revocation of license, and an
							 administrative fine of $5, 000.00 to $10, 000.00.
Letter of concern to suspension and a corrective
							 action plan
Reprimand to revocation
(q) 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.)
Letter of concern to probation of the license, and an
							 administrative fine of $500.00 to $1, 000.00.
Reprimand to suspension of license, and an
							 administrative fine of $1, 000.00 to $5, 000.00.
Suspension to revocation of license, and an
							 administrative fine of $1, 000.00 to $5, 000.00.
Letter of concern to suspension and a corrective
							 action plan
Reprimand to revocation
(r) 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.)
Revocation and a fine of $10, 000, or in the case of
							 application for licensure, denial of license.
Revocation
(s) Failure to comply with the parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
$500 fine, and up to 1 year probation with
							 conditions.
$1, 000 fine, and up to 6 months suspension.
$2, 000 fine, and up to 2 years suspension.
Reprimand to suspension.
Suspension to revocation.
(t) Being convicted or found guilty of, entering a
							 plea of guilty or nolo contender 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.
(Section
							 456.072(1)(ss),
							 F.S.)
Revocation and a fine of $1, 000, or in the case of
							 application for licensure, denial of license.
Revocation and a fine of $2, 500, or in the case of
							 application for licensure, denial of license.
Revocation and a fine of $5, 000, or in the case of
							 application for licensure, denial of license.
Revocation.
(6)
				Based upon consideration of aggravating or mitigating factors, present in an
				individual case, the Board may deviate from the penalties recommended in
				subsections (3) through (5), above. If mitigating factors are present, the
				administrative fine may be reduced and a less severe action, such as a
				reprimand or probation, taken against the licensee from the range of actions
				given in the disciplinary guidelines. If aggravating factors are present, the
				maximum administrative fine may be imposed and more severe action, such as
				suspension or revocation, taken against the licensee from the range of actions
				given in the disciplinary guidelines. The Board shall consider as aggravating
				or mitigating factors the following:
(a) The
				danger to the public;
(b) The
				length of time since the violation;
(c) The number of times the licensee has been
				previously disciplined by the Board;
(d) The length of time licensee has
				practiced;
(e) The actual damage,
				physical or otherwise, caused by the violation;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the licensee's livelihood;
(h) Any effort of rehabilitation by the
				licensee;
(i) The actual knowledge
				of the licensee pertaining to the violation;
(j) Attempts by licensee to correct or stop
				violation or refusal by licensee to correct or stop violation;
(k) Related violations against licensee in
				another state including findings of guilt or innocence, penalties imposed and
				penalties served;
(l) Actual
				negligence of the licensee pertaining to any violation;
(m) Penalties imposed for related offenses
				under subsections (1) and (2), above;
(n) Any other relevant mitigating or
				aggravating under the circumstances.