Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B16 - Board of Pharmacy › Chapter 64B16-30 - DISCIPLINARY GUIDELINES › Section 64B16-30.001 - Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

Current through Reg. 50, No. 138; July 16, 2024
(1) The board
				sets forth below a range of disciplinary guidelines from which disciplinary
				penalties will be imposed upon licensees guilty of violating Chapters 456, 465,
				499, or 893 or Section
				 828.055, F.S. The purpose of the
				disciplinary guidelines is to give notice to licensees of the range of
				penalties which will normally be imposed upon violations of particular
				provisions of Chapters 456, 465, 499, 893 or Section
				 828.055, F.S. The term license
				means any permit, registration, certificate, out-of-state telehealth provider
				registration, or license, including a provisional license, issued by the
				Department. 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 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. 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.
(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 LICENSE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY
							 RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Obtaining a license
or permit by
misrepresentation, fraud, or error.
(Section
							  465.016(1)(a),
							 F.S.);
and
(Section
							  465.023(1)(a),
							 F.S.)
1. By
misrepresentation or
fraud.
MIN: $10, 000 fine for each count and
							 Revocation;
MAX: $10, 000 fine for each count and
							 Revocation.
MIN: $10, 000 fine for each count and
							 Revocation;
MAX: $10, 000 fine for each count and
							 Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
2. By error of the Department or Board on original
							 application or renewal.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation
MIN: Revocation;
MAX: Revocation
MIN: Revocation;
MAX: Revocation
(b) Procuring or attempting to procure a license or
							 permit for another person by false representation.
(Section
							  465.016(1)(b),
							 F.S.); and
(Section
							  465.023(1)(b),
							 F.S.)
MIN: $10, 000 fine for each count and
							 Revocation;
MAX: $10, 000 fine for each count and
							 Revocation.
MIN: $10, 000 fine for each count and
							 Revocation;
MAX: $10, 000 fine for each count and
							 Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(c) Permitting any unlicensed persons or unsupervised
							 registered interns to fill, compound, or dispense any
prescriptions.
(Section
							  465.016(1)(c),
							 F.S.)
MIN: $2, 500 fine and 12-hour Laws & Rules course
							 or Multistate Pharmacy Jurisprudence Exam (MPJE);
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: $10, 000 fine and Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws & Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(d) Being unfit or incompetent to
practice pharmacy by reason of habitual intoxication,
							 medicinal drug abuse, or
physical or mental condition that
threatens public
safety.
(Sections
							  465.016(1)(d), and
							 (m), F.S.)
MIN: Suspension until licensee is able to demonstrate
							 the ability to practice with reasonable skill and safety;
MAX: Revocation.
MIN: Suspension until licensee is able to demonstrate
							 the ability to practice with reasonable skill and safety followed by one (1)
							 year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan,
							 including, at a minimum, that the provider is able to demonstrate the ability
							 to practice with reasonable skill and safety;
MAX: Revocation.
MIN: Suspension and a corrective action plan,
							 including, at a minimum, that the provider is able to demonstrate the ability
							 to practice with reasonable skill and safety;
MAX: Revocation.
(e) Violating laws governing the practice of
							 pharmacy.
(Section
							  465.016(1)(e),
							 F.S.);
(Section
							  465.023(1)(c),
							 F.S.)
1. Chapter 465, F.S.:
a. Failure to properly supervise registered pharmacy
							 technician.
(Section
							  465.014, F.S.)
MIN: $250 fine, one (1) year of probation, and
							 12-hour Laws and Rules course or MPJE;
MAX: $1, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
b. Operating a pharmacy that is not
							 registered.
(Section
							  465.015(1)(a),
							 F.S.)
MIN: $500 fine per month (up to $5, 000 fine),
							 12-hour Laws and Rules course or MPJE, and permittee must renew permit, obtain
							 new permit, or cease operation;
MAX: Revocation.
MIN: Revocation;
MAX: $10, 000 fine, revocation, referral to State
							 Attorney's Office for criminal prosecution.
MIN: Reprimand;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation and, if appropriate, referral for
							 criminal prosecution.
c. Operating a
pharmacy where an unlicensed, unregistered, or
unsupervised person practices pharmacy.
(Section
							  465.015(1)(b),
							 F.S.)
MIN: $5, 000 fine, 12-hour Laws and Rules course or
							 MPJE, and one (1) year of probation;
MAX: Revocation.
MIN: $10, 000 fine, one (1) year suspension followed
							 by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
d. Making a false or fraudulent statement to the
							 board.
(Section
							  465.015(2)(a),
							 F.S.)
MIN: $10, 000 fine;
MAX: $10, 000 fine and Revocation.
MIN: $10, 000 fine and Revocation;
MAX: $10, 000 fine and revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
e. Filling or
compounding prescriptions, or
dispensing medicinal drugs, without an
active license.
(Section
							  465.015(2)(b),
							 F.S.)
MIN: $500 fine per month while inactive (up to $6,
							 000);
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MIN: $10, 000 fine and one (1) year
							 suspension;
MAX: Revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
f. Selling or
dispensing drugs
without a prescription.
(Section
							  465.015(2)(c),
							 F.S.)
MIN: $1, 500 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
g. Selling samples or complimentary drugs.
(Section
							  465.015(2)(d),
							 F.S.)
(I) Non-scheduled
legend drugs.
MIN: $1, 500 fine and (1) year of probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Scheduled
(controlled substances) legend
drugs.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
h. Failure to notify the board of, or failure to
							 have, a prescription department manager or a supervising, a responsible, or a
							 consultant pharmacist.
(Sections
							  465.0157,
							  465.018,
							  465.019,
							  465.0193,
							  465.0196, or
							  465.0197, and
							  465.022(10), or
							 (11), F.S.)
(I) Failure to notify of change.
(Section
							  465.022(10), or
							 (11), F.S.)
MIN: $500 fine each month licensee fails to notify
							 the Board (maximum $5, 000);
MAX: One (1) year of probation and $7, 500
							 fine.
MIN: $500 fine each month licensee fails to notify
							 the Board (maximum $7, 500) and one (1) year probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(II) Failure to have prescription department manager
							 or a supervising, a responsible, or a consultant pharmacist of record.
MIN: $750 fine per month practicing without a
							 prescription department manager (maximum of $6, 000);
MAX: One (1) year suspension and a fine of $7,
							 500.
MIN: $2, 000 fine per month practicing without a
							 prescription department manager (maximum of $10, 000); and one (1) year of
							 probation;
MAX: $10, 000 fine and two (2) year suspension
							 followed by two (2) years of probation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Reprimand;
MAX: Revocation.
i. Failure to comply with substitution of legend drug
							 requirements.
(Sections
							  465.025(2), (3), and
							 (4), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $2, 200 fine and one (1) year of
							 probation.
MIN: $2, 500 fine, 12-hour Laws & Rules course or
							 MPJE, and one (1) year of probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: Revocation.
j. Failure to follow negative formulary
							 requirements.
(Section
							  465.025(6),
							 F.S.);
(Rule
							  64B16-27.500, F.A.C.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine, 12-hour Laws & Rules course or
							 MPJE, and one (1) year of probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: Revocation.
k. Failure to follow emergency prescription
							 requirements.
(Section
							  465.0275, F.S.)
MIN: $500 fine;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
l. Engage in prohibited rebate scheme.
(Section
							  465.185, F.S.)
MIN: $1, 500 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine, 12-hour Laws & Rules course or
							 MPJE, and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: Revocation.
m. Failure to comply with pharmacist
dispensing requirements.
(Section
							  465.186, F.S.)
(I) Failure to follow procedure, but
dispense drug
appearing on
formulary.
(Section
							  465.186(3),
							 F.S.);
(Rule
							  64B16-27.210, F.A.C.)
MIN: $500 fine;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: Suspension of right to dispense.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(II) Dispensing drug not on the formulary.
(Section
							  465.186(2),
							 F.S.);
(Rules
							  64B16-27.220, .230,
							 F.A.C.)
MIN: $1, 500 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
n. Failure to timely report fraudulent obtaining or
							 attempted obtaining of controlled substances from a pharmacy.
(Section
							  465.015(3),
							 F.S.)
(I) Failure to timely report.
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Failure to report.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
o. Violation of
facsimile prescription requirements.
(Section
							  465.035, F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
p. Violation of requirements for administration of
							 vaccines and epinephrine auto injection.
(Section
							  465.189, F.S.); and; (Section
							  465.009(6)(a),
							 F.S.)
(I) Administration
with failure to enter into a written protocol.
MIN: $2, 500 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Administration
with failure to maintain proper insurance.
MIN: $500 fine and suspension until insured;
MAX: $1, 000 fine and suspension until insured
							 followed by one (1) of year probation.
MIN: $1, 000 fine and suspension until insured,
							 followed by one (1) year of probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, becoming insured;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, becoming insured;
MAX: Revocation.
(III) Administration
with failure to maintain and make available patient
							 records.
MIN: $500 fine;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(IV) Uncertified
administration of vaccine.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $7, 500 fine and one (1) year suspension of
							 license.
MIN: $7, 500 fine and suspension of license until
							 receipt of immunization certification;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(V) Failure to submit copy of protocol or written
							 agreement to the board.
MIN: $500 fine;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
q. Failure to request photo or other verification of
							 identity prior to dispensing a controlled substance to a person not
							 known.
(Section
							  465.0155(2),
							 F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
r. Failure to inform customers of less expensive drug
							 when cost sharing obligation to customer exceeds retail price.
(Section
							  465.0244(2),
							 F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension of
							 dispensing rights followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, one (1) year suspension of dispensing rights;
MAX: Revocation.
2. Chapter 499, F.S.:
a. Adulteration or misbranding of a drug.
(Sections
							  499.005(2), and
							 (3)  F.S.); (Section
							  499.006, F.S.); and (Section
							  499.007, F.S.)
(I) Adulteration of a drug.
(Section
							  499.005(2),
							 F.S.); and (Section  499.006, F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Receipt or delivery of any drug that is
							 adulterated or misbranded.
(Section
							  499.005(3),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(III) Incomplete or inaccurate labeling.
(Section
							  499.007, F.S.);
(Rule
							  64B16-28.108, F.A.C.)
MIN: $250 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $2, 500 and one (1) year of probation.
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(IV) Fraudulent misbranding of legend drugs.
(Section
							  499.007, F.S.)
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Two (2) year suspension.
MIN: $10, 000 fine and two (2) year suspension
							 followed by two (2) years of probation;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Two (2) year suspension and a corrective action
							 plan.
MIN: Two (2) year suspension and a corrective action
							 plan;
MAX: Revocation.
b. Failure to obtain a permit or registration or
							 operating without a valid permit when it is required.
(Section
							  499.005(22),
							 F.S.)
MIN: $500 fine per month to a maximum of $5, 000
							 (penalty will require permittee to obtain permit, renew permit, or cease
							 practice);
MAX: $10, 000 fine and one (1) year of
							 probation.
MIN: $10, 000 fine (penalty will require permittee to
							 obtain permit, renew permit, or cease practice);
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, the provider to obtain permit, renew permit, or cease
							 practicing;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, the provider to obtain permit, renew permit, or
							 cease practicing;
MAX: Revocation.
c. Prescription drug transaction violations.
(Section
							  499.005(28),
							 F.S.); and (Section  499.0051, F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
d. Recordkeeping
requirement.
(Section
							  499.0121, F.S.); and (Sections
							  499.005(18), and
							 (19), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
e. Storage of drugs.
(Section
							  499.0121, F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
3. Chapter 893, F.S.
(Controlled Substances):
a. Filling a written or oral prescription for
							 controlled substances that does not meet the requirements of Chapter 893,
							 F.S.
(Sections
							  893.04(1)(a), (b), and
							 (c), F.S.)
MIN: $1, 500 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
b. Failing to retain prescription records for two (2)
							 years.
(Section
							  893.04(1)(d),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
c. Failing to
appropriately label.
(Section
							  893.04(1)(e),
							 F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and (1) year probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
d. Dispensing a Schedule II drug inappropriately with
							 a non-written prescription.
(Section
							  893.04(1)(f),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
e. Inappropriate
refilling of Schedule III, IV, or V drugs.
(Section
							  893.04(1)(g),
							 F.S.); and (Section  893.04(2)(e),
							 F.S.)
MIN: $1, 750 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: $5, 000 fine and one (1) year suspension;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and corrective action
							 plan.
MIN: One (1) year suspension;
MAX: Revocation.
f. Receiving controlled substances without an
							 appropriate order form.
(Section
							  893.06(1),
							 F.S.)
MIN: $2, 500 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
g. Possession of
controlled substances outside the regular course of
							 business, occupation, profession, employment, or duty.
(Section
							  893.06(2),
							 F.S.)
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
h. Failure to take a biennial inventory.
(Sections
							  893.07(1)(a), (2), (3), (4), and
							 (5), F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
i. Failure to maintain a complete and accurate record
							 of controlled substances.
(Sections
							  893.07(1)(b), (2), (3), (4), and
							 (5), F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and two (2) years of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of a 12-hour Laws and Rules course or
							 MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
j. Dispensing Schedule V controlled
substances in other than good faith.
(Section
							  893.08(3)(b),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
k. Inappropriate
selling of Schedule V controlled substance.
(Section
							  893.08(3)(c),
							 F.S.)
MIN: $1, 500 fine, 12-hour Laws and Rules course or
							 MPJE and one (1) year of probation;
MAX: Revocation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation
MIN: One (1) year suspension;
MAX: Revocation.
l. Unlawful possession of controlled
							 substance.
(Section
							  893.13, F.S.)
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: $10, 000 fine and two (2) year suspension
							 followed by two (2) years of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
m. Failure to report information regarding dispensed
							 controlled substances to the Prescription Drug Monitoring Program Controlled
							 Substance Dispensing Information Electronic System.
(Section
							  893.055(3),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
n. Failure to consult the Prescription Drug
							 Monitoring Program Controlled Substance Dispensing Information Electronic
							 System prior to dispensing a controlled substance.
(Section
							  893.055(8),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
o. Failure to maintain confidentiality of information
							 obtained from the Prescription Drug Monitoring Program Controlled Substance
							 Dispensing Information Electronic System.
(Section
							  893.0551(6),
							 F.S.)
(I) Knowing violation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year
							 suspension.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(II) Negligent
violation.
MIN: Reprimand;
MAX: $500 fine and 12-hour Laws & Rules course or
							 MPJE.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $2, 500 fine and one (1) year suspension.
MIN: Reprimand;
MAX: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
4. Violation of Federal Drug Abuse Act
							 21 U.S.C.
							 821 et seq.
(Manufacture, Distribution, and
Dispensing of
Controlled Substances.)
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $2, 000 fine and one (1) year suspension.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
5. Violation of Food and Drug Act
							 21 U.S.C.
							 301 -
							 392.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: $7, 500 fine and two (2) year suspension
							 followed by two (2) years of probation;
MAX: Revocation.
MIN: One (1) year suspension;
MAX: Revocation
MIN: Two (2) year suspension and a corrective action
							 plan;
MAX: Revocation.
(f) Criminal
conviction related to Pharmacy.
(Section
							  465.016(1)(f),
							 F.S.)
1. Misdemeanor.
MIN: $1, 000 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
2. Felony.
MIN: $5, 000 fine and one (1) year suspension
							 followed by two (2) years of probation;
MAX: Revocation.
MIN: $10, 000 fine and two (2) year suspension
							 followed by three (3) years of probation;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: Two (2) year suspension and a corrective action
							 plan;
MAX: Revocation.
(g) Using in the compounding of a prescription, or
							 furnishing upon prescription, an ingredient or article different in any manner
							 from the ingredient or article prescribed, except as authorized in Section
							  465.019(6), or
							  465.025, F.S.
(Section
							  465.016(1)(g),
							 F.S.);
or, compounding, dispensing or distributing legend
							 drugs outside professional practice of pharmacy.
(Section
							  465.016(1)(i),
							 F.S.)
MIN (without ingestion or harm): Reprimand,
							 submission of an improvement action plan, and complete a Board approved eight
							 (8) hour CE course directly related to the violation at issue;
MIN: (with ingestion) $500 fine, submission of an
							 improvement action plan, and complete a Board approved eight (8) hour CE course
							 directly related to the violation at issue;
MAX (with or without ingestion or harm): $1, 000 fine
							 and one (1) year of probation.
MIN: (without ingestion or harm) $500 fine, complete
							 a Board approved eight (8) hour CE course directly related to the violation at
							 issue, and two (2) years of probation;
MIN (with ingestion or harm); $1, 000 fine complete a
							 Board approved eight (8) hour CE course directly related to the violation at
							 issue, and two (2) years of probation;
MAX (without ingestion or harm) $2, 500 fine and one
							 (1) year suspension followed by two (2) years of probation; MAX (with harm):
							 Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, complete a Board approved eight (8) hour CE course
							 directly related to the violation at issue;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, complete a Board approved eight (8) hour CE course
							 directly related to the violation at issue;
MAX: Revocation.
(h) Filing a false report or failing to file a report
							 required by law.
(Section
							  465.016(1)(j),
							 F.S.)
1. Knowing violation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year
							 suspension.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
2. Negligent violation.
MIN: Reprimand;
MAX: $500 fine and 12-hour Laws & Rules course or
							 MPJE.
MIN: $1, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: Reprimand;
MAX: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(i) Failure to make prescription price information
							 available.
(Section
							  465.016(1)(k),
							 F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) month suspension
							 followed by two (2) years of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(j) Improperly placing returned drugs into the stock
							 of a pharmacy.
(Section
							  465.016(1)(l),
							 F.S.)
MIN: $1, 000 fine;
MAX: $1, 500 fine and one (1) year of
							 probation.
MIN: $3, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
(k) Violating a rule or order of the Board or
							 Department.
(Section
							  465.016(1)(n),
							 F.S.)
1. Rules of Board of Pharmacy.
a. Rules
							  64B16-28.101 to
							  64B16-28.1035, F.A.C.
Rule
							  64B16-27.100, F.A.C.
Rule
							  64B16-28.109, F.A.C.
Rule
							  64B16-27.103, F.A.C.
Rule
							  64B16-27.104, F.A.C.
Rule
							  64B16-26.400, F.A.C.
Rule
							  64B16-26.2032 F.A.C.
Rule
							  64B16-28.1081, F.A.C.
Rule
							  64B16-27.105, F.A.C.
Rule
							  64B16-27.211, F.A.C.
Rule
							  64B16-28.113, F.A.C.
Rule
							  64B16-28.2021, F.A.C.
Rule
							  64B16-28.603, F.A.C.
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $2, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
b. Sink and running water, sufficient space,
							 refrigeration, sanitation, equipment.
(Rule
							  64B16-28.102, F.A.C.)
MIN: $250 fine and suspension until
							 compliance;
MAX: $1, 000 fine and suspension until
							 compliance.
MIN: $2, 000 fine and suspension until
							 compliance;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, compliance;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, compliance;
MAX: Revocation.
c. Knowingly
purchase, sell, possess, or distribute
counterfeit drugs.
(Section
							  499.005(8),
							 F.S.)
MIN: $5, 000 fine, and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: $10, 000 fine, and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
d. Failure to remove outdated pharmaceuticals from
							 active stock or dispensing of same.
(Rule
							  64B16-28.110, F.A.C.)
MIN: $500 fine for failure to remove, $1, 000 fine
							 for dispensing;
MAX: $2, 500 fine, and one (1) year probation.
Min: $2, 500 fine for failure to remove, $5, 000 fine
							 for dispensing, and one (1) year of probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation for failure to remove and revocation for
							 dispensing.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
e. Violation of destruction of controlled
							 substances.
(Rules
							  64B16-28.301 and
							  64B16-28.303, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
f. Serving as
consultant pharmacist without being licensed as a
							 consultant pharmacist.
(Rule
							  64B16-26.300, F.A.C.)
MIN: $500 fine per month up to $5, 000 fine (fine
							 based upon the length of time the person is serving as a consultant without
							 being licensed as a consultant pharmacist);
MAX: $500 fine per month up to $7, 500 fine (fine
							 based upon the length of time the person is serving as a consultant without
							 being licensed as a consultant pharmacist) and one (1) year of
							 probation.
MIN: $500 fine per month up to $7, 500 fine (fine
							 based upon the length of time the person is serving as a consultant without
							 being licensed as a consultant pharmacist) and one (1) year suspension followed
							 by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
g. Violation of requirements for records maintained
							 in a data processing system.
(Rule
							  64B16-28.140, F.A.C.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE and 8-hour CE course in record keeping;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE and 8-hours
							 CE course in record keeping;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
h. Failure to properly store legend drugs.
(Rule
							  64B16-28.120, F.A.C.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
i. Practicing nuclear pharmacy without being licensed
							 as a nuclear pharmacist.
(Rule
							  64B16-26.303, F.A.C.)
MIN: $500 fine per month up to $5, 000 fine (fine
							 based upon the length of time the person is practicing without being licensed
							 as a nuclear pharmacist);
MAX: $500 fine per month up to $10, 000 fine. (fine
							 based upon the length of time the person is practicing without being licensed
							 as a nuclear pharmacist) and one-year of probation.
MIN: $500 fine per month up to $10, 000 fine. (fine
							 based upon the length of time the person is practicing without being licensed
							 as a nuclear pharmacist) and one (1) year suspension;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
j. Failure to follow technical requirements for
							 nuclear pharmacy.
(Rules
							  64B16-28.901 and
							  64B16-28.902, F.A.C.)
MIN: $1, 000 fine, and one (1) year of
							 probation;
MAX: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
k. Failure to properly transfer prescription files
							 and medicinal drugs when closing pharmacy.
(Rules
							  64B16-28.202 and
							  64B16-28.203, F.A.C.)
MIN: Revocation.
MAX: Revocation.
MIN: Revocation.
MAX: Revocation,
MIN: Revocation;
MAX: Revocation
MIN: Revocation;
MAX: Revocation.
l. Failure to complete the required
continuing education during the biennial licensure
							 period.
(Rule
							  64B16-26.103, F.A.C.)
(I) Failure to complete less than ten (10)
							 hours.
MIN: $500 fine and suspension until completed;
MAX: $1, 500 fine and suspension until
							 completed.
MIN: $1, 500 fine and suspension until
							 completed;
MAX: $3, 000 fine and suspension until
							 completed.
N/A
N/A
(II) Failure to complete ten (10) or more
							 hours.
MIN: $1, 000 fine, take two (2) additional hours of
							 continuing education for each of the continuing education deficiencies. Said
							 hours shall not count for continuing education renewal requirements for the
							 next biennium;
MAX: $2, 500 fine and two (2) additional hours of
							 continuing education per missing hour as outlined above.
MIN: $2, 500 fine, suspension until deficiency and
							 penalty units are completed, and take two (2) additional hours of continuing
							 education for each of the continuing education deficiencies. Said hours shall
							 not count for continuing education renewal requirements for the next
							 biennium;
MAX: $5, 000 fine, suspension until deficiency and
							 penalty units are completed and two (2) additional hours of continuing
							 education per missing hour as outlined above.
N/A
N/A
m. Failure to practice in accordance with established
							 practice standards.
(Rules
							  64B16-27.1001 and
							 64B16-27.104, F.A.C.)
(I) Pharmacist.
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: $10, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(II) Pharmacy Intern.
MIN: $250 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $500 fine and one (1) year of probation.
MIN: $1, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: $5, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(III) Permittee.
MIN: $500 fine and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and one (1) year of
							 probation.
MIN: $2, 500 and one (1) year suspension followed by
							 one (1) year of probation;
MAX: $10, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
n. Failure to have or maintain current
policies and
procedures for
automated pharmacy system or central fill
							 pharmacy.
(Rules
							  64B16-28.141 and
							  64B16-28.450, F.A.C.)
MIN: $500 and 12-hour Laws & Rules course or
							 MPJE;
MAX: $1, 000 fine and suspension of license/permit
							 until current policies and procedures are in place.
MIN: $2, 500 fine and suspension of license/permit
							 until current policies and procedures are in place;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a corrective action
							 plan including, at a minimum, current policies and procedures are in
							 place.
MIN: Suspension and a corrective action plan
							 including, at a minimum, current policies and procedures are in place;
MAX: Revocation.
o. Failure to have or maintain standards for an
							 institutional pharmacy.
(Rules
							  64B16-28.602,
							  64B16-28.6021,
							  64B16-28.605,
							  64B16-28.606,
							  64B16-28.702, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE;
MAX: $2, 500 fine and suspension of license/permit
							 until current policies and procedures are in place.
MIN: $2, 500 fine and suspension of license until
							 policies and procedures are in place;
MAX: $5, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a corrective action
							 plan including, at a minimum, current policies and procedures are in
							 place.
MIN: Suspension and a corrective action plan
							 including, at a minimum, current policies and procedures are in place;
MAX: Revocation.
p. Failure to have or maintain standards for a
							 special pharmacy.
(Rules
							  64B16-28.800,
							  64B16-28.810,
							  64B16-28.820,
							  64B16-28.850,
							  64B16-28.860,
							  64B16-28.870, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE;
MAX: $2, 500 fine and suspension of license/permit
							 until current policies and procedures are in place.
MIN: $2, 500 fine and suspension of license until
							 policies and procedures are in place;
MAX: $5, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MJPE;
MAX: One (1) year suspension with a corrective action
							 plan including, at a minimum, current policies and procedures are in
							 place.
MIN: Suspension and a corrective action plan
							 including, at a minimum, current policies and procedures are in place;
MAX: Revocation.
q. Failure to maintain standards for animal control
							 shelters.
(Rule Chapter 64B16-29, F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE.
MAX: $2, 500 fine and suspension of license/permit
							 until current policies and procedures are in place.
MIN: $2, 500 fine and suspension of license until
							 policies and procedures are in place;
MAX: $5, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MJPE;
MAX: One (1) year suspension with a corrective action
							 plan including, at a minimum, current policies and procedures are in
							 place.
MIN: Suspension and a corrective action plan
							 including, at a minimum, current policies and procedures are in place;
MAX: Revocation.
r. Failure to comply with Board's rule on patient
							 counseling.
(Rules
							  64B16-27.800,
							  64B16-27.810,
							  64B16-27.820, F.A.C.)
MIN: (without ingestion or harm): $250 fine and
							 complete approved CE course in the prevention of medication errors of no less
							 than eight (8) hours;
MIN: (with ingestion) $500 fine and complete approved
							 CE course in the prevention of medication errors of no less than eight (8)
							 hours;
MAX: (with or with ingestion or harm): $1, 000 fine
							 and (1) year of probation.
MIN: (without ingestion or harm) $500 fine and
							 complete approved CE course in the prevention of medication errors of no less
							 than eight (8) hours;
MIN: (with ingestion) $1, 000 fine and complete
							 approved CE course in the prevention of medication errors of no less than eight
							 (8) hours, and one (1) year of probation;
MAX: (without ingestion or harm) $10, 000 fine, and
							 one (1) year suspension followed by one year of probation; MAX: (with ingestion
							 or harm) Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of an approved CE course in the prevention
							 of medication errors of no less than eight (8) hours;
MAX: One (1) year suspension with a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of an approved CE course in the prevention
							 of medication errors of no less than eight (8) hours;
MAX: Revocation.
s. Standards of
practice for
compounding CSPs.
(Rules
							  64B16-27.700 and
							  64B16-27.797, F.A.C.)
(I) No harm.
MIN: $500 fine, 12-hour Laws & Rules course, and
							 course governing sterile compounds;
MAX: $2, 000 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: $10, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course, and course
							 governing sterile compounds;
MAX: One (1) year suspension with a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(II) Harm.
MIN: $2, 000 fine, one (1) year of probation, course
							 governing sterile compounds and 12-hour Laws & Rules course;
MAX: Revocation.
MIN: $10, 000 fine, and one (1) year suspension
							 followed by one (1) year of probation;
MAX: $10, 000 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course and course governing
							 sterile compounds;
MAX: Revocation
MIN: Revocation;
MAX: Revocation
2. Violation of an order of the Board or Department
							 previously entered in a disciplinary hearing.
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and suspension until compliance
							 with order.
MIN: $5, 000 fine and suspension until compliance
							 with order;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan including, at a minimum, compliance with order.
MIN: Suspension and a corrective action plan
							 including, at a minimum, compliance with order;
MAX: Revocation.
(l) License disciplined by another jurisdiction for
							 an offense that would constitute a violation of this chapter.
(Sections 465.016(1)(h) and
465.023(1)(e),
							 F.S.)
MIN: (Administrative related offense or offense not
							 impacting patients directly) Reprimand;
MIN: (All other offenses) Same penalty as imposed in
							 other jurisdiction or as closely as possible to penalties set forth in Florida
							 Statutes;
MAX: $5, 000 fine and same penalty as imposed in
							 other jurisdiction or as closely as possible to penalties set forth in Florida
							 Statutes.
MIN: Same penalty as imposed in other jurisdiction or
							 as closely as possible to penalties set forth in Florida Statutes;
MAX: $10, 000 fine and revocation.
MIN: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.)
MIN: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.)
(m) Failing to report to the Department any Chapter
							 458 or 459, F.S., licensee violation.
(Section
							  465.016(1)(o),
							 F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE;
MAX: $1, 500 fine and one (1) year of
							 probation.
MIN: $1, 500 fine, one (1) year of probation, and
							 12-hour Laws & Rules course or MJPE;
MAX: $5, 000 fine and one (1) year of
							 suspension.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan including, at a minimum, a 12-hour Laws & Rules course or MPJE.
(n) Abandoning or allowing permit to become null and
							 void after notice of disciplinary proceedings.
(Section
							  465.018(3),
							 F.S.)
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(o) Failing to notify the Board of commencement or
							 cessation of practice due to discipline in another jurisdiction.
(Section
							  465.016(1)(p),
							 F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE;
MAX: $2, 000 fine and one (1) year of
							 probation.
MIN: $2, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(p) Using or releasing patient records
							 improperly.
(Section
							  465.016(1)(q),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MJPE;
MAX: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(q) Knowingly, or with reason to believe, dispensing
							 based on purported prescription where patient-prescriber relationship is
							 invalid.
(Sections 465.016(1)(s) and
465.023(1)(h),
							 F.S.)
1. Reason to believe.
MIN: $2, 000 fine, 12-hour Laws & Rules course or
							 MJPE, and one (1) year of probation;
MAX: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $2, 500 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MJPE;
MAX: One (1) year suspension with a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
2. Knowingly.
MIN: $5, 000 fine, 12-hour Laws & Rules Course or
							 MPJE, and one (1) year suspension;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(r) Committing an error or omission during
							 prescription drug processing.
(Section
							  465.016(1)(t),
							 F.S.)
MIN (without ingestion or harm): $250 fine, complete
							 approved CE course in the prevention of medication errors of no less than eight
							 (8) hours and submission of an improvement action plan;
MIN (with ingestion) $500 fine, complete approved CE
							 course in the prevention of medication errors of no less than eight (8) hours
							 and submission of an improvement action plan;
MAX (with or without ingestion or harm): $1, 000 fine
							 and one (1) year of probation.
MIN (without ingestion or harm): $500 fine and
							 complete approved CE course in the prevention of medication errors of no less
							 than eight (8) hours, and two (2) years of probation;
MIN (with ingestion) $1, 000 fine, complete approved
							 CE course as outlined above, and two (2) years of probation;
MAX (without ingestion or harm); $5, 000 fine, and
							 one (1) year suspension followed by one (1) year of probation.
MAX (with ingestion or harm): Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, completion of an approved CE course in the prevention
							 of medication errors of no less than eight (8) hours;
MAX: One (1) year suspension with a continuing action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, completion of an approved CE course in the
							 prevention of medication errors of no less than eight (8) hours;
MAX: Revocation.
(s) Guilty of a felony involving moral
							 turpitude.
(Section
							  465.023(1)(d),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MJPE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a continuing action
							 plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(t) Guilty of a crime related to health care
							 fraud.
(Section
							  465.023(1)(g),
							 F.S.)
MIN: Revocation, or in the case of application for
							 licensure, denial of license;
MAX: Revocation and a fine of $10, 000.
MIN: Revocation, or in the case of application for
							 licensure, denial of license;
MAX: $10, 000 fine and Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(u) Violating Section
							  456.072, F.S.
(Section
							  465.016(1)(r),
							 F.S.)
1. Making misleading, deceptive, or
fraudulent representation in or related to the
							 practice of the licensee's profession.
(Section
							  456.072(1)(a),
							 F.S.)
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation.
MIN: Revocation;
MAX: $10, 000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: Revocation;
MAX: Revocation
2. Intentionally violating any rule adopted by the
							 Board or the Department.
(Section
							  456.072(1)(b),
							 F.S.)
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation;
MAX: revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
3. Being convicted or found guilty of, or
entering a plea of
guilty or nolo
contendere to,
regardless of
adjudication, a crime in any jurisdiction which
							 relates to the practice of, or the ability to practice, a licensee's
							 profession.
(Section
							  456.072(1)(c),
							 F.S.)
a. Misdemeanor.
MIN: $1, 000 fine;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
b. Felony.
MIN: $3, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation;
MAX: revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
4. Failing to comply with the educational course
							 requirements for human
immunodeficiency virus and acquired immune deficiency
							 syndrome, or medical errors.
(Section
							  456.072(1)(e),
							 F.S.)
(Rules
							  64B16-26.103(1)(c) 
							 and  64B16-26.103(4)(e),
							 F.A.C.)
MIN: $500 fine and suspension until compliant;
MAX: $1, 000 fine and suspension until
							 compliant.
MIN: $2, 500 fine and suspension until
							 compliant;
MAX: $5, 000 fine and suspension until
							 compliant.
MIN: Suspension and a corrective action plan which
							 includes, at a minimum, becoming compliant;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan which includes, at a minimum, becoming compliant;
MAX: Revocation.
5. Having a license or the authority to practice the
							 regulated profession revoked, suspended, or
otherwise acted
against, including the denial of licensure, by the
							 licensing authority of any jurisdiction, including its agencies or
							 subdivisions, for a violation that would constitute a violation under Florida
							 law. (Section  456.072(1)(f),
							 F.S.)
MIN: (Administrative related offense or offense not
							 impacting patients directly) Reprimand;
MIN: (All other offenses) Same penalty as imposed in
							 the other jurisdiction or as closely as possible to penalties for similar
							 violation;
MAX: $2, 500 fine and same penalty as imposed in the
							 other jurisdiction or as closely as possible to penalties for similar
							 violation.
MIN: Same penalty as imposed in the other
							 jurisdiction or as closely as possible to penalties for similar
							 violation;
MAX: $10, 000 fine and revocation.
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.
6. Having been found liable in a civil proceeding for
							 knowingly filing a false report or complaint with the Department against
							 another licensee.
(Section
							  456.072(1)(g),
							 F.S.)
MIN: $3, 000 fine;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation;
MAX: revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
7. Attempting to obtain, obtaining, or renewing a
							 license to practice a profession by bribery, by fraudulent misrepresentation,
							 or through an error of the Department or the Board.
(Section
							  456.072(1)(h),
							 F.S.)
MIN: Revocation or denial of license
							 application;
MAX: $10, 000 fine and Revocation or denial of
							 license application.
MIN: Revocation or denial of license
							 application;
MAX: $10, 000 fine and revocation or denial of
							 license application.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
8. Except as provided in Section
							  465.016, F.S., failing to report
							 to the Department any person who the licensee knows is in violation of Chapter
							 456, F.S., the chapter regulating the alleged violator, or the rules of the
							 Department or the Board.
(Section
							  456.072(1)(i),
							 F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or
							 MJPE;
MAX: $1, 500 fine, and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: Revocation.
9. Aiding, assisting, procuring, employing, or
							 advising any unlicensed person or entity to practice a profession contrary to
							 Chapter 456, F.S., the chapter regulating the profession, or the rules of the
							 Department or the Board.
(Section
							  456.072(1)(j),
							 F.S.)
MIN: $2, 000 fine and 12-hour Laws & Rules course
							 or MJPE;
MAX: $2, 500 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
10. Failing to perform any statutory or legal
							 obligation placed upon a licensee.
(Section
							  456.072(1)(k),
							 F.S.)
MIN: $2, 000 fine and suspension until
							 compliant;
MAX: $2, 500 fine and suspension until
							 compliant.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan which
							 includes, at a minimum, becoming compliant;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
11. Making or filing a report which the licensee
							 knows to be false, intentionally or negligently failing to file a report or
							 record required by state or federal law, or willfully impeding or obstructing
							 another person to do so.
(Section
							  456.072(1)(l),
							 F.S.)
a. Knowingly filing a false report or willful
							 obstruction.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
b. Negligently failing to file a report or
							 record.
MIN: $2, 500 fine;
MAX: $5, 000 fine.
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
12. Making deceptive, untrue, or fraudulent
							 representations in or related to the practice of a profession or employing a
							 trick or a scheme in or related to the practice of a profession.
(Section
							  456.072(1)(m),
							 F.S.)
MIN: $5, 000 fine and one (1) year of
							 probation;
MAX: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $10, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
13. Exercising
influence on the patient or client for the purpose of
							 financial gain of the licensee or a third party.
(Section
							  456.072(1)(n),
							 F.S.)
MIN: $3, 000 fine;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
14. 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.)
MIN: $2, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
15. 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.)
MIN: $2, 000 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
16. Violating any provision of Chapter 456, F.S., the
							 applicable professional practice act, a rule of the Department or the Board, or
							 a lawful order of the Department or the Board, or failing to comply with a
							 lawfully issued subpoena of the Department.
(Sections
							  456.072(1)(dd),
							 and  456.072(1)(q),
							 F.S.)
MIN: $1, 000 fine and 12-hour Laws & Rules course
							 or MPJE;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
17. Improperly
interfering with an investigation or inspection
							 authorized by statute, or with any disciplinary proceeding.
(Section
							  456.072(1)(r),
							 F.S.)
MIN: $2, 500 fine and one (1) year of
							 probation;
MAX: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
18. Engaging or
attempting to engage in sexual misconduct as defined
							 and prohibited in Section
							  456.063(1),
							 F.S.
(Section
							  456.072(1)(v),
							 F.S.)
MIN: Revocation;
MAX: $10, 000 fine and Revocation.
MIN: Revocation;
MAX: $10, 000 fine and revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
19. Being unable to
practice with reasonable skill and safety by reason
							 of illness or use of alcohol, drugs, narcotics, chemicals, or as a result of
							 any mental or physical condition.
(Section
							  456.072(1)(z),
							 F.S.)
MIN: $500 fine, suspension until safe to practice
							 with reasonable skill and safety;
MAX: $2, 500 fine and revocation.
MIN: $1, 000 fine, one (1) year suspension followed
							 by suspension until safe to practice with reasonable skill and safety;
MAX: $2, 500 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: One (1) year suspension and a corrective action
							 plan as outlined above.
MIN: One (1) year suspension and a corrective action
							 plan including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
20. 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.)
MIN: $1, 000 fine;
MAX: $5, 000 fine and one (1) year of
							 probation.
MIN: $5, 000 fine and one (1) year suspension
							 followed by one (1) year of probation;
MAX: revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
21. Testing positive for any drug, as defined in
							 Section  112.0455, F.S., on any confirmed
							 pre-employment or employer ordered drug screening when the practitioner does
							 not have a lawful prescription and legitimate medical reason for using such
							 drug.
(Section
							  456.072(1)(aa),
							 F.S.)
MIN: $500 fine, suspension until safe to practice
							 with reasonable skill and safety;
MAX: $2, 500 fine and revocation.
MIN: $1, 000 fine, suspension until safe to practice
							 with reasonable skill and safety;
MAX: $2, 500 fine and revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
MIN: Suspension and a corrective action plan
							 including, at a minimum, demonstration of the ability to practice with
							 reasonable skill and safety;
MAX: Revocation.
22. Being terminated from, or failing to successfully
							 complete, an impaired practitioner treatment program.
(Section
							  456.072(1)(hh),
							 F.S.)
MIN: Suspension until successful completion or
							 receipt of written confirmation of compliance with ongoing treatment;
MAX: Revocation.
MIN: Revocation;
MAX: $10, 000 fine and revocation
MIN: Suspension and a corrective action plan
							 including, at a minimum, written confirmation of compliance with ongoing
							 treatment;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
23. Being convicted of, or entering a plea of guilty
							 or nolo contendere to, any misdemeanor or felony, regardless of adjudication,
							 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 the Medicaid
							 program.
(Section
							  456.072(1)(ii),
							 F.S.)
MIN: Revocation, or in the case of application for
							 licensure, denial of license;
MAX: $10, 000 fine and revocation, or in the case of
							 application for licensure, denial of license.
MIN: Revocation or in the case of application for
							 licensure, denial of license;
MAX: $10, 000 fine and revocation, or in the case of
							 application for licensure, denial of license.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
24. 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: $500 fine;
MAX: $2, 500 fine, suspension until amount owed is
							 remitted.
MIN: $2, 500 and suspension until amount owed is
							 remitted followed by one (1) year of probation;
MAX: revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan
							 including, at a minimum, remitting the amount owed.
MIN: Suspension and a corrective action plan
							 including, at a minimum, remitting the amount owed;
MAX: Revocation.
25. Being terminated from the state Medicaid program
							 pursuant to Section  409.913, F.S., any other state
							 Medicaid program, or the federal Medicare program, as a result of fraud and
							 abuse unless eligibility to participate in the program from which the
							 practitioner was terminated has been restored.
(Section
							  456.072(1)(kk),
							 F.S.)
MIN: $10, 000 fine and one (1) year of
							 probation;
MAX: Revocation.
MIN: $10, 000 fine and two (2) year suspension
							 followed by one (1) year probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: Two (2) year suspension and a corrective action
							 plan;
MAX: Revocation.
26. Being convicted of, or entering a plea of guilty
							 or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a
							 crime in any jurisdiction which relates to health care fraud.
(Section
							  456.072(1)(ll),
							 F.S.)
MIN: Revocation, or in the case of application for
							 licensure, denial of license;
MAX: $10, 000 fine and revocation, or in the case of
							 application for licensure, denial of license.
MIN: Revocation or in the case of application for
							 licensure, denial of license;
MAX: $10, 000 fine and revocation, or in the case of
							 application for licensure, denial of license.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
27. Willfully failing to comply with Section
							  627.64194 or
							  641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							  456.072(1)(oo),
							 F.S.)
MIN: Reprimand and a fine of $250;
MAX: $500 fine and one (1) year of probation.
MIN: $500 fine and one (1) year of probation;
MAX: $1, 000 fine and one (1) year suspension
							 followed by one (1) year of probation.
MIN: Reprimand;
MAX: Suspension and corrective action plan.
MIN: Suspension and corrective action plan;
MAX: Revocation.
(v) Violation of Section
							  828.055, F.S. by a permitted
							 county or municipal animal control agency or humane society.
(Section
							  828.055, F.S.)
1. Using drugs for animal euthanasia for an improper
							 use.
(Section
							  828.055(3)(a),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: $500 fine and one (1) year suspension followed
							 by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed
							 by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and corrective action
							 plan.
MIN: One (1) year suspension and corrective action
							 plan;
MAX: Revocation.
2. Failing to take reasonable precautions against
							 misuse, theft, loss, or diversion.
(Section
							  828.055(3)(b),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: $500 fine and one (1) year suspension followed
							 by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed
							 by one (1) year probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
3. Failing to detect or to report a significant loss,
							 theft, or inventory shortage of drugs.
(Section
							  828.055(3)(c),
							 F.S.)
MIN: Reprimand, $500 fine, and one (1) year of
							 probation;
MAX: $1, 000 fine, and one (1) year suspension
							 followed by two (2) years of probation.
MIN: $1, 000 fine and one (1) year suspension
							 followed by two (2) years of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
4. Failing to follow the rules of the Board regarding
							 proper storage and handling of drugs.
(Section
							  828.055(3)(d),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: $500 fine and one (1) year suspension followed
							 by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed
							 by one (1) year probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
5. Violating any provision of Section 828.055,
							 Chapters 465, and 499, F.S., or any rule adopted under those chapters.
(Section
							  828.055(3)(e),
							 F.S.)
MIN: Reprimand and a $250 fine;
MAX: $500 fine and one (1) year suspension followed
							 by one (1) year of probation.
MIN: $500 fine and one (1) year suspension followed
							 by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action
							 plan.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(w) Failure to display hyperlink on telehealth
							 registrant's website.
(Section
							  456.47(4)(c),
							 F.S.
N/A
N/A
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(x) Opening an office in Florida or providing
							 in-person healthcare services to patients in Florida.
(Section
							  456.47(4)(f),
							 F.S.)
N/A
N/A
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action
							 plan;
MAX: Revocation.
(y) 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
(z) 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: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.).
MIN: Reprimand;
MAX: Revocation.
(Discipline shall be as close as possible to the
							 penalty imposed in other jurisdiction.)
(aa) 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.
(bb) 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 $250 fine;
MAX: $500 fine and one (1) year of probation.
MIN: $1, 000 fine and six (6) month suspension
							 followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(cc) Being convicted or found guilty of, entering a
							 plea of guilty or nolo contendere to, 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.
(Section
							  456.072(1)(ss),
							 F.S.
MIN: $10, 000 fine and Revocation;
MAX: $10, 000 fine and Revocation.
MIN: $10, 000 fine and Revocation;
MAX: $10, 000 fine and Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(3)
				The board shall be entitled to deviate from the above-mentioned guidelines upon
				a showing of aggravating or mitigating circumstances presented to the board
				prior to the imposition of a final penalty.
(a) Aggravating circumstances; circumstances
				which may justify deviating from the above set forth disciplinary guidelines
				and cause the enhancement of a penalty beyond the maximum level of discipline
				in the guidelines shall include but not be limited to the following:
1. History of previous violations of the
				practice act and the rules promulgated thereto.
2. The magnitude and scope of the damage or
				potential damage inflicted upon the patient or the general public by the
				licensee's misfeasance.
3. Evidence
				of violation of professional practice acts in other jurisdictions wherein the
				licensee has been disciplined by the appropriate regulatory
				authority.
4. Harm occurred or
				potential harm.