Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B27 - Dental Laboratories › Chapter 64B27-2 - DISCIPLINE › Section 64B27-2.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall impose disciplinary penalties upon a determination that the holder of a
				registration certificate has violated any provision of Chapter 466 or 456,
				F.S., or any rules promulgated by the Department or the Board of
				Dentistry.
(2) Violations and Range
				of Penalties. In imposing discipline, the Department shall act in accordance
				with the following disciplinary guidelines and shall impose a penalty within
				the range corresponding to the severity and repetition of the violations as set
				forth below. The final order shall explain any mitigating or aggravating
				circumstances used to justify any deviation from the specified guidelines. 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. Any and all offenses listed are sufficient grounds for
				initial refusal of registration to an applicant.
In addition to the penalty imposed, the Department shall
				  recover the costs of the investigation and prosecution of the case. In addition
				  to any other penalty imposed, if the violation includes proof of fraud or
				  fraudulent misrepresentation, the Department shall impose a penalty of $10,
				  000.00 per count or offense.
(a)
				Attempting to renew or renewing by bribery, false representation or error
				(Sections  466.028(1)(a),
				 456.072(1)(h),
				F.S.). For an error, the first offense is a minimum fine of $200.00 to a
				maximum fine of $750.00. For a second offense the minimum fine is $500.00 and
				the maximum fine is $2, 000.00. For bribery or false representation the penalty
				is revocation.
(b) Having a
				registration or license to operate a dental laboratory denied or acted against
				in another jurisdiction (Sections
				 466.028(1)(b),
				 456.072(1)(f),
				F.S.). First offense - From a minimum fine of $300.00 to a maximum fine of $2,
				000.00 and/or suspension of the license for up to five years. For a second or
				subsequent offense - From a minimum fine of $1, 000.00 to a maximum fine of
				$10, 000.00 and revocation.
(c) Any
				advertising or misleading advertising to dentists or using another's name
				(Section  466.028(1)(d) or
				(e),
				 466.035, F.S.). First offense -
				From a minimum fine of $500.00 to a maximum fine of $3, 000.00 and/or one year
				of probation. For a second or subsequent offense - From a minimum fine of
				$750.00 to a maximum fine of $5, 000.00 and/or suspension of the license for
				two years.
(d) Assisting unlicensed
				practice (Sections  486.028(1)(g),
				 456.072(1)(j),
				F.S.). First offense - From a minimum fine of $1, 000.00 to a maximum fine of
				$5, 000.00 and/or suspension for up to five years. For a second or subsequent
				offense - revocation and a fine of up to $5, 000.00.
(e) Failing to perform any statutory or legal
				obligation (Sections  466.028(1)(i),
				 456.072(1)(k),
				F.S.). First offense - From a minimum fine of $300.00 to a maximum fine of $1,
				000.00 and/or probation for up to five years. For a second or subsequent
				offense - From a minimum fine of $750.00 and probation for six months to a
				maximum fine of $5, 000.00 and/or revocation.
(f) Filing a false report (Sections
				 466.028(1)(j),
				 456.072(1)(l),
				F.S.). First offense - From a minimum fine of $500.00 to a maximum fine of $2,
				000.00 and or suspension for up to five years. For a second or subsequent
				offense - revocation.
(g) Making
				deceptive, untrue, or fraudulent representations (Sections
				 466.028(1)(l),
				 456.072(1)(m),
				F.S.). First offense - From a minimum fine of $1, 000.00 and/or probation for
				two years to a maximum fine of $10, 000.00 and/or revocation. For a second
				offense, from a minimum fine of $2, 000.00 and/or probation for three years to
				a maximum fine of $10, 000.00 and revocation. For a third or subsequent
				offense, revocation.
(h) Failing to
				keep dental records, specifically work orders for two years (Section
				 466.028(1)(m),
				F.S.). First offense - From a minimum fine of $1, 000.00 and/or probation for
				three years to a maximum fine of $6, 000.00 and/or suspension for up to three
				years. For a second or subsequent offense, from a minimum fine of $2, 000.00 to
				revocation.
(i) Fraud, deceit or
				misconduct (Section  466.028(1)(t),
				F.S.). First offense - From a minimum fine of $500.00 and suspension for three
				months to a maximum fine of $10, 000.00 and/or revocation. For a second or
				subsequent offense, a fine of $10, 000.00 and/or revocation.
(j) Failure to maintain sanitary conditions
				(Section  466.028(1)(u),
				F.S.). First offense - From a minimum fine of $350.00 to a maximum fine of $1,
				500.00 and/or suspension for one year. For a second or subsequent offense, from
				a fine of $750.00 to $5, 000.00 and/or suspension for up to five
				years.
(k) Practicing beyond the
				scope permitted by law (Sections
				 466.028(1)(y),
				 456.072(1)(o),
				F.S.). First offense - From a minimum fine of $500.00 to a maximum fine of $5,
				000.00 and/or suspension for six months followed by one year of probation. For
				a second or subsequent offense, from a minimum fine of $1, 000.00 to a maximum
				fine of $10, 000.00 and/or revocation.
(l) Delegating professional responsibility to
				unqualified person (Section
				 466.028(1)(z),
				F.S.). First offense - From a minimum fine of $750.00 to a maximum fine of $5,
				000.00 and suspension for six months. For a second or subsequent offense, from
				a minimum fine of $2, 500.00 to a maximum fine of $7, 500.00 and/or
				revocation.
(m) Violation of an
				order or failure to comply with subpoena (Sections
				 466.028(1)(aa),
				 456.072(1)(q),
				F.S.). First offense - From a minimum fine of $500.00 to a maximum fine of $2,
				500.00 and/or suspension for three months. For a second or subsequent offense,
				from a minimum fine of $1, 500.00 to revocation.
(n) Operating below the minimum standards of
				performance (Section  466.028(1)(ff),
				F.S.). First offense - From a minimum fine of $500.00 to a maximum fine of $1,
				500.00 and up to three years of probation. For a second or subsequent offense,
				from a fine of $1, 500.00 to revocation.
(o) Failure to report action taken in another
				jurisdiction (Section
				 466.028(1)(ii),
				F.S.). First offense - From a minimum fine of $250.00 to suspension for three
				years. For a second or subsequent offense, a minimum fine of up to $1, 000.00
				and/or suspension for three years up to a maximum of revocation.
(p) Violating any pertinent statute or rule
				(Sections  466.028(1)(ll),
				 456.072(1)(dd),
				F.S.). First offense - From a minimum fine of $200.00 and/or three months
				probation to a maximum fine of $3, 000.00 and suspension for up to three years
				followed by up to two years of probation. For a second or subsequent offense,
				from a minimum fine of $1, 000.00 and three months suspension to a fine of $10,
				000.00 and/or revocation.
(q)
				Interfering with an investigation or inspection (Section
				 456.072(1)(r),
				F.S.). First offense - From a fine of $1, 000.00 and one year of probation to
				revocation. For a second or subsequent offense a fine of $5, 000.00 and/or
				revocation.
(r) 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 (Section
				 456.072(1)(ii),
				F.S.) misdemeanor: First Offense - From a minimum of one year of suspension
				followed by two years of probation and a fine of $1, 000.00 to revocation and a
				fine of $10, 000.00; felony: Revocation and a fine of $10, 000.00.
(s) Failing to remit the sum owed for an
				overpayment from the Medicaid program or from a final order, judgment,
				stipulation, or settlement (Section
				 456.072(1)(jj),
				F.S.) First offense - from a minimum fine of $300.00 to a fine of $1, 000.00
				and from a reprimand to two years of probation. For a second or subsequent
				offense - from a minimum fine of $1, 000.00 and six months probation to
				revocation and a fine of $10, 000.00.
(t) Being terminated from a state Medicaid
				program or from the federal Medicare program unless participation eligibility
				restored (Section  456.072(1)(kk),
				F.S.) First offense - from a minimum fine of $500.00 and a reprimand to a
				maximum fine of $5, 000.00 and revocation. For a second or subsequent offense -
				from a minimum fine of $2, 000.00 and two years probation to revocation and a
				fine of $10, 000.00.
(u) Being
				convicted of or entering a plea to any misdemeanor or felony relating to health
				care fraud (Section  456.072(1)(ll),
				F.S.) First offense misdemeanor - a fine of $10, 000.00 and two years of
				probation to a fine of $10, 000.00 and revocation; felony - a fine of $10,
				000.00 and revocation.