Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B10 - Board of Nursing Home Administrators › Chapter 64B10-14 - DISCIPLINARY MATTERS › Section 64B10-14.004 - 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 practitioners guilty of violating chapters 456
				and 468, part II, 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 and 468, F.S. The
				disciplinary guidelines are based upon a single count violation of each
				provision listed. Multiple counts of violations of the same provision of
				chapters 456 and 468, F.S., Part II., or the rules promulgated thereto, or
				other unrelated violations contained in the same administrative complaint will
				be grounds for enhancement of penalties. All penalties at the upper range of
				the sanctions set forth in the guidelines, i.e., suspension, revocation, etc.,
				include lesser penalties, i.e., fine, reprimand, or probation which may be
				included in the final penalty at the Board's discretion. 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.
(2) The following
				disciplinary guidelines shall be followed by the Board in imposing disciplinary
				penalties upon licensees for violation of the below mentioned statutes and
				rules:
Violation
Minimum
Maximum
(a) Violation
				of Section 468.1745(1)(a), (b), (c) or
				(e),
				468.1755(1)(a),
				F.S., unlicensed practice by an applicant for licensure.
First Offense:
Reprimand and $500 fine.
Probation and $500 fine.
Second Offense:
Probation and $1, 000 fine.
Denial/revocation.
(b)
				Giving false or forged evidence to obtain a license.
(Sections
				  468.1745(1)(d),
				  and 468.1755(1)(a),
				  F.S.)
First Offense:
Probation and $500 fine.
Denial/revocation and $500 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(c)
				Knowingly employ unlicensed persons.
(Sections
				  456.072(1)(j),
				  468.1745(1)(f),
				  and 468.1755(1)(a),
				  F.S.)
First Offense:
Reprimand and $500 fine.
Probation and $500 fine.
Second Offense:
Probation and $500 fine.
6 month suspension followed by probation and $1, 000
							 fine.
Third Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(d)
				Knowingly conceal violations of this act.
(Sections
				  468.1745(1)(g),
				  and 468.1755(1)(a),
				  F.S.)
First Offense:
$500 fine.
$1, 000 fine.
Second Offense:
$1, 000 fine.
Probation and $1, 000 fine.
Third Offense:
Probation and $1, 000 fine.
1 year suspension followed by probation and $1, 000
							 fine.
(e)
				Attempting to procure license by bribery, fraudulent misrepresentation or error
				of the Department or Board. However, if the offense is for fraud, the fine is
				increased to $10, 000 per count or offense.
(Sections
				  456.072(1)(h),
				  and 468.1755(1)(b),
				  F.S.)
First Offense:
Probation and $500 fine.
Denial/revocation.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(f)
				Nursing Home Administrator License Disciplined by another jurisdiction.
(Sections
				  456.072(1)(f),
				  and 468.1755(1)(c),
				  F.S.)
Same penalty as imposed by other jurisdiction, if
							 consistent with Florida law and these guidelines for similar cases.
(g)
				Criminal conviction relating to practice or ability to practice nursing home
				administration.
(Sections
				  456.072(1)(c),
				  and 468.1755(1)(d),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(h)
				Knowingly making or filing false report.
(Sections
				  456.072(1)(l),
				  and 468.1755(1)(e),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(i)
				Authorizing the discharge or transfer of a resident for a Reason other than
				those provided in section
				400.022 and
				400.0255, F.S.
(Section
				  468.1755(1)(f),
				  F.S.)
First Offense:
Reprimand.
Reprimand and $1, 000 fine.
Second Offense:
Probation $1, 000 fine.
1 month suspension.
(j)
				Fraudulent, false, deceptive or misleading advertising. However, if the offense
				is for fraud, the fine is increased to $10, 000 per count or offense.
(Section
				  468.1755(1)(g),
				  F.S.)
First Offense:
Reprimand.
$500 fine.
Second Offense:
$500 fine.
$1, 000 fine.
Third Offense:
Reprimand and $1, 000 fine.
Probation and $1, 000 fine.
(k)
				Fraud or deceit in the practice of nursing home administration. However, if the
				offense is for fraud, the fine is increased to $10, 000 per count or offense.
(Section
				  468.1755(1)(h),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(l)
				Negligence or incompetence in the practice of nursing home administration.
(Section
				  468.1755(1)(h),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(m)
				Misconduct in the practice of nursing home administration including but not
				limited to: trust fund violations, Medicaid/insurance fraud, exploitation of a
				patient, and undue influence of a patient. However, if the offense is for
				fraud, the fine is increased to $10, 000 per count or offense.
(Section
				  468.1755(1)(h),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(n)
				Violation of previous disciplinary order or subpoena issued by the Board or
				Department.
(Sections
				  456.072(1)(q),
				  and 468.1755(1)(i),
				  F.S.)
First Offense:
$1, 000 fine.
6 months suspension, followed by probation and $1,
							 000 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(o)
				Practice on a revoked license.
(Section
				  468.1755(1)(j),
				  F.S.)
First Offense:
$500 fine.
$1, 000 fine.
Second Offense:
$500 and denial of future applications.
$1, 000 fine and denial of future
							 applications.
(p)
				Practice on a suspended license.
(Section
				  468.1755(1)(j),
				  F.S.)
First Offense:
$1, 000 fine.
6 months suspension followed by probation and $1, 000
							 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(q)
				Practice on an inactive license.
(Section
				  468.1755(1)(j),
				  F.S.)
First Offense:
$1, 000 fine.
6 months suspension, followed by probation and $1,
							 000 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(r)
				Practice on a delinquent license.
(Section
				  468.1755(1)(j),
				  F.S.)
First Offense:
$1, 000 fine.
6 months suspension, followed by probation and $1,
							 000 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(s)
				Repeatedly acting inconsistently with health, safety and welfare of patients.
(Section
				  468.1755(1)(k),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(t)
				Inability to practice with skill and safety due to mental or physical
				impairment.
(Section
				  468.1755(1)(l),
				  F.S.)
First Offense:
Probation.
Suspension until the licensee can demonstrate to the
							 Board that he/she is able to practice with reasonable skill and safety and $500
							 fine.
Second Offense:
Probation and $1, 000 fine.
Suspension until the licensee can demonstrate to the
							 Board that he/she is able to practice with reasonable skill and safety and $1,
							 000 fine.
Third Offense:
Suspension until licensee can demonstrate to the
							 Board that he/she is able to practice with reasonable skill and safety and $1,
							 000 fine.
Revocation.
(u)
				Willful or repeated violation of laws and rules governing nursing homes.
(Section
				  468.1755(1)(m),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(v)
				Payment for solicitation or procurement of nursing home usage.
(Section
				  468.1755(1)(n),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(w)
				Willfully permitting unauthorized disclosure of patient information.
(Section
				  468.1755(1)(o),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension, followed by probation and $1, 000
							 fine.
Revocation.
(x)
				Discrimination to staff or patients.
(Section
				  468.1755(1)(p),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(y)
				Failure to implement quality Assurance program.
(Section
				  468.1755(1)(q),
				  F.S.)
First Offense:
Reprimand.
Reprimand.
Second Offense:
Probation and $1, 000 fine.
1 month suspension.
(z)
				Violating any provision of this chapter or Chapter 456, F.S., or any rules
				adopted pursuant thereto.
(Section
				  468.1755(1)(r),
				  F.S.)
First Offense:
For any offense not specifically listed herein, based
							 upon the severity of the offense and the potential for patient harm, from a
							 reprimand to revocation or denial; and an administrative fine from $500 to $5,
							 000.
Second Offense:
For any offense not specifically listed herein, based
							 upon the severity of the offense and the potential for patient harm. From
							 probation to revocation or denial and an administrative fine from $500 to $5,
							 000.
(aa)
				Making misleading, deceptive, or fraudulent representations in or related to
				the practice of the licensee's profession. However, if the offense is for
				fraud, the fine is increased to $10, 000 per count or offense.
(Section
				  456.072(1)(a),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(bb)
				Intentionally violating any rule adopted by the Board or the Department, as
				appropriate.
(Section
				  456.072(1)(b),
				  F.S.)
First Offense:
$1, 000 fine.
6 months suspension followed by probation and $1, 000
							 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(cc)
				Failing to comply with the educational course requirements for human
				immunodeficiency virus, acquired immune deficiency syndrome.
(Section
				  456.072(1)(e),
				  F.S.)
First Offense:
$750 fine.
$1, 000 fine.
Second Offense:
Probation and $750 fine.
Probation and $1, 000 fine.
Third Offense:
Probation and $1, 000 fine.
6 months suspension followed by probation and $1, 000
							 fine.
(dd)
				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.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(ee)
				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.)
First Offense:
Reprimand.
$500 fine.
Second Offense:
$500 fine.
$750 fine.
Third Offense:
$1, 000 fine.
probation and $1, 000 fine.
(ff)
				Aiding, assisting, procuring, 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.)
First Offense:
Reprimand and $500 fine.
Probation and $500 fine.
Second Offense:
Probation and $500 fine.
6 months suspension followed by probation and $1, 000
							 fine.
Third Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(gg)
				Failing to perform any statutory or legal obligation placed upon the licensee.
(Section
				  456.072(1)(k),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Denial/revocation.
(hh)
				Making deceptive, untrue, or fraudulent representations in or related to the
				practice of a profession or employing a trick or scheme in or related to the
				practice of a profession. However, if the offense is for fraud, the fine is
				increased to $10, 000 per count or offense.
(Section
				  456.072(1)(m),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine
revocation
(ii)
				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.)
First Offense:
Reprimand and $500 fine.
probation and $500 fine.
Second Offense:
Probation and $1, 000 fine.
Revocation.
(jj)
				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.)
First Offense:
Reprimand and $500 fine.
Probation and $500 fine.
Second Offense:
Probation and $1, 000 fine.
Revocation.
(kk)
				Improperly interfering with an investigation or inspection authorized by
				statute, or with any disciplinary proceeding.
(Section
				  456.072(1)(r),
				  F.S.)
First Offense:
Reprimand and $1, 000 fine.
6 months suspension followed by probation and $1, 000
							 fine.
Second Offense:
6 months suspension followed by probation and $1, 000
							 fine.
Revocation.
(ll)
				Engaging or attempting to engage a patient in verbal or physical sexual
				activity.
(Section
				  456.072(1)(v),
				  F.S.)
First Offense:
Probation and $1, 000 fine.
1 year suspension, followed by probation and $1, 000
							 fine.
Second Offense:
1 year suspension followed by probation and $1, 000
							 fine.
Revocation.
(mm)
				Failing to report to the Board 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.)
First Offense:
Reprimand and $500 fine.
$750 fine.
Second Offense:
$750 fine.
$1, 000 fine.
Third Offense:
$1, 000 fine.
Probation and $1, 000 fine.
(nn)
				Using information about people involved in motor vehicle accidents which has
				been derived from accident reports made by law enforcement officers for the
				solicitation of the people involved in the accidents.
(Section
				  456.072(1)(y),
				  F.S.)
First Offense:
Reprimand.
$500 fine.
Second Offense:
$500 fine.
$1, 000 fine.
Third Offense:
Reprimand and $1, 000 fine.
Probation and $1, 000 fine.
(oo)
				Any license disciplined by another jurisdiction.
(Section
				  456.072(1)(f),
				  F.S.)
Same penalty as imposed by other jurisdiction, if
							 consistent with Florida law and these guidelines for similar cases.
(pp)
				Testing positive for preemployment or employer ordered drug screen.
(Section
				  456.072(1)(aa),
				  F.S.)
First Offense:
Probation and $500 fine.
Suspension to be followed by probation and $750
							 fine.
(qq)
				Being terminated from a treatment program for impaired practitioners, which is
				overseen by an impaired practitioner consultant as described in Section
				456.076, F.S., for failure to
				comply, without good cause, with the terms of the monitoring or treatment
				contract entered into by the licensee, or for not successfully completing any
				drug-treatment or alcohol-treatment program.
First Offense:
Reprimand.
Probation and $500 fine.
Second Offense:
Probation and $1, 000 fine.
Revocation.
(rr)
				Being convicted of, or entering a plea of guilty or nolo contendere to, any
				misdemeanor or felony, regardless of adjudication, under
				18 USC s.
				669, ss.
				285-287, s.
				371, s.
				1001, s.
				1035, s.
				1341, s.
				1343, s.
				1347, s.
				1349, or s.
				1518, or
				42 USC ss.
				1320a-7b, relating to the Medicaid program.
(Section
				  456.072(1)(ii),
				  F.S.)
First Offense:
Revocation and a $2, 500 fine or in the case of
							 application for licensure, denial of license.
(ss)
				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.)
First Offense
A letter of concern.
probation and a fine of $500 to $1, 000.
Second Offense
Reprimand.
Revocation.
(tt)
				Being terminated from the state Medicaid program, or any other state Medicaid
				program or the federal Medicare program.
(Section
				  456.072(1)(kk),
				  F.S.)
First Offense:
Letter of concern.
Suspension and a fine of $500 to $1, 000.
Second Offense:
Reprimand.
Revocation.
(uu)
				Being convicted of, or entering into a plea of guilty or nolo contendere to,
				any misdemeanor or felony, regardless of adjudication, which relates to health
				care fraud.
(Section
				  456.072(1)(ll),
				  F.S.)
First Offense:
Revocation and a fine of $10, 000 or in the case of
							 application for licensure, denial of license.
(vv)
				Failure to comply with parental consent requirements of Section
				1014.06, F.S.
(Section
				  456.072(1)(rr),
				  F.S.)
First Offense:
Reprimand and a fine of $250.00 to $500.00 or in the
							 case of application for licensure, denial of license.
Probation for six (6) months and a fine of $500.00 to
							 $750.00 or in the case of application for licensure, denial of license.
Second Offense:
One (1) year probation and a fine of $500.00 to
							 $750.00 or in the case of application for licensure, denial of license.
Suspension to be followed by one (1) year probation
							 and a fine of $750.00 to $1, 000.00 or in the case of application for
							 licensure, denial of license.
Third Offense:
Suspension followed by a minimum of two (2) years
							 probation and a fine of $750.00 to $1, 000.00 or in the case of application for
							 licensure, denial of license.
Revocation or in the case of application for
							 licensure, denial of license.
(ww)
				Conviction of or plea to crimes enumerated in section
				456.074(5),
				F.S. or similar offense in another jurisdiction.
(Section
				  456.072(1)(ss),
				  F.S.)
First Offense:
Revocation and a fine of $5, 000.00 to $10, 000.00 or
							 in the case of application for licensure, denial of license.