Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B14 - Board of Orthotists and Prosthetists › Chapter 64B14-7 - DISCIPLINE › Section 64B14-7.003 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The
				Board provides within this rule, disciplinary guidelines which shall be imposed
				upon applicants or licensees whom it regulates under Chapter 468, Part XIV,
				F.S., or a telehealth provider registered under Section
				 456.47(4), F.S.
				The purpose of this rule is to notify applicants, licensees of the ranges of
				penalties which will routinely be imposed unless the Board finds it necessary
				to deviate from the guidelines for the stated reasons given within this rule.
				Each range includes the lowest and highest penalty and all penalties falling in
				between. The purposes of the imposition of discipline are to penalize the
				applicants or licensees for violation and to deter them from future violations;
				to offer opportunities for rehabilitation, when appropriate; and to deter other
				applicants or licensees from violations.
(2) Violations and Ranges of Penalties. In
				imposing discipline upon applicants and licensees, in proceedings pursuant to
				Sections  120.57(1)  and
				 120.57(2),
				F.S., the Board shall act in accordance with the following disciplinary
				guidelines and shall impose a penalty within the range corresponding to the
				violations set forth below. The verbal identification of offenses are
				descriptive only; the full language of each statutory provision cited must be
				consulted in order to determine the conduct included.
VIOLATION
PENALTY RANGE MINIMUM
PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license, certificate, or
							 registration by bribery, fraudulent misrepresentation or through an error of
							 the Department or the Board.
(Sections 468.811(1)(a),
456.072(1)(h),
							 F.S.)
First Offense
$10, 000 fine.
Denial/revocation $10, 000 fine.
Second Offense
Revocation $10, 000 fine.
Revocation $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Denial/revocation.
Denial/revocation.
Second Offense
Revocation.
Revocation.
(b) Action taken against license by another
							 jurisdiction.
(Sections 468.811(1)(b) and
456.072(1)(f),
							 F.S.)
First Offense
Imposition of discipline which would have been
							 imposed if the substantive violation occurred in Florida.
Suspension/denial or revocation until the license is
							 unencumbered in the jurisdiction in which action was originally taken and $1,
							 000 fine.
Second Offense
Imposition of discipline which would have been
							 imposed if the substantiative violation occurred in Florida and a $1, 000
							 fine.
Revocation until the license is unencumbered in the
							 jurisdiction in which disciplinary action was originally taken and $2, 000
							 fine.
TELEHEALTH REGISTRANTS
First Offense
Imposition of discipline which would have been
							 imposed if the violation occurred in Florida.
Suspension or denial until the license is
							 unencumbered in the jurisdiction in which action was originally taken.
Second Offense
Imposition of discipline which would have been
							 imposed if the violation occurred in Florida.
Revocation.
(c) Being convicted or found guilty of or pleading
							 nolo contendere to, regardless of adjudication, in any jurisdiction, a crime
							 that directly relates to practice or ability to practice the licensee's
							 profession.
(Sections 468.811(1)(c), and
456.072(1)(c),
							 F.S.)
First Offense
6 months probation with conditions and $1, 000
							 fine.
Denial/revocation and $5, 000 fine.
Second Offense
1 year suspension and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
6 months suspension with corrective action
							 plan.
Denial/revocation of registration.
Second Offense
1 year suspension with corrective action plan.
Revocation.
(d) Filing a false report or failing to file a report
							 as required; willfully impeding or obstructing such filing; or inducing another
							 person to impede or obstruct such filing.
(Sections 468.811(1)(d), and
456.072(1)(l),
							 F.S.)
First Offense
1 year probation with conditions and $100
							 fine.
6 months suspension 1 year probation with conditions
							 and $250 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $250 fine.
Revocation and $500 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $500 fine.
Revocation and $1, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
6 months suspension of registration and 1 year
							 probation with conditions.
Second Offense
18 months suspension with corrective action
							 plan.
Revocation.
Third Offense
3 years suspension with corrective action
							 plan.
Revocation.
(e) Fraudulent, false, deceptive, or misleading
							 advertising.
(Section
							  468.811(1)(e),
							 F.S.)
First Offense
Reprimand and $10, 000 fine.
6 months suspension and $10, 000 fine.
Second Offense
1 year suspension and $10, 000 fine
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
6 months suspension of registration.
Second Offense
1 year suspension with corrective action plan.
Revocation.
(f) Intentionally violating any rule adopted by the
							 Board or the department as appropriate.
(Sections 468.811(1)(j), and
456.072(1)(b),
							 F.S.)
First Offense
6 months suspension, 1 year probation with conditions
							 and $1, 000 fine.
1 year suspension, 2 years probation with conditions
							 and $2, 000 fine.
Second Offense
1 year suspension, 2 years probation with conditions,
							 and $2, 000 fine.
2 years suspension, 4 years probation with conditions
							 and $4, 000 fine.
Third Offense
2 years suspension, 4 years probation with conditions
							 and $4, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
18 months suspension with corrective action
							 plan.
3 years suspension with corrective action
							 plan.
Second Offense
3 years suspension with corrective action
							 plan.
5 years suspension with corrective action
							 plan.
Third Offense
6 years suspension with corrective action
							 plan.
Revocation.
(g) Kickbacks or split fee arrangements.
(Sections 468.811(1)(j), and
456.054, F.S.)
First Offense
6 months suspension, 1 year probation with conditions
							 and $500 fine.
Denial/revocation and $1000 fine.
Second Offense
1 year suspension, 2 years probation with conditions
							 and $1, 000 fine.
Revocation and $2500 fine.
Third Offense
2 years suspension, 3 years probation with conditions
							 $2, 500 fine.
Revocation and $5000 fine.
TELEHEALTH REGISTRANTS
First Offense
18 months suspension with corrective action
							 plan.
Denial/revocation of registration.
Second Offense
3 years suspension with corrective action
							 plan.
Revocation of registration.
Third Offense
5 years suspension with corrective action
							 plan.
Revocation of registration.
(h) Making misleading, deceptive, or fraudulent
							 representations in or related to the practice of the licensee's
							 profession.
(Sections 468.811(1)(k), and
468.809,
							  456.072(1)(a),
							 (m), F.S.)
First Offense
1 year probation with conditions and $10, 000
							 fine.
1 year suspension, 1 year probation with conditions
							 and $10, 000 fine.
Second Offense
2 years suspension, 2 years probation with conditions
							 and $10, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
2 years suspension with corrective action.
Second Offense
4 years suspension with corrective action
							 plan.
Revocation.
(i) Practicing orthotics, prosthetics, or pedorthics
							 with a delinquent license.
(Sections
							  456.036, and
							  468.811(i),
							 F.S.)
First Offense
1 year suspension, 1 year probation with conditions
							 and $1, 000 fine.
2 years suspension, 2 years probation with conditions
							 and $5, 000 fine.
Second Offense
Revocation and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
2 years suspension with corrective action
							 plan.
4 years suspension with corrective action.
Second Offense
Revocation.
Revocation.
(j) Failure to notify the Board of the licensee's
							 current mailing address and place of practice.
(Sections
							  456.035(1),
							 F.S.)
First Offense
Notice of Non-Compliance.
Reprimand and $100 fine.
Second Offense
Reprimand and $100 fine.
3 months probation with conditions and $250
							 fine.
Third Offense
3 months probation with conditions and $250
							 fine.
6 months probation with conditions and $500
							 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
3 months suspension with corrective action
							 plan.
Second Offense
3 months suspension with corrective action
							 plan.
6 months suspension with corrective action
							 plan.
(k) Violation of an order of the board, agency, or
							 department previously entered in a disciplinary hearing, or failure to comply
							 with a subpoena issued by the board, agency, or department.
(Sections
							  468.811(1)(f),
							 (j), and
							  456.072(1)(q),
							 F.S.)
First Offense
Suspension until law, rule, order, or subpoena is
							 complied with and $500 fine.
Revocation and $1, 500 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $1, 500 fine.
Revocation and $5, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Suspension of registration until law, rule, order, or
							 subpoena is in compliance.
Revocation.
Second Offense
18 months suspension with corrective action
							 plan.
Revocation.
(l) Practicing with a revoked license.
(Section
							  468.811(1)(g),
							 F.S.)
First Offense
Referral to state attorney for prosecution.
Referral to state attorney for prosecution and $5,
							 000 fine.
Second Offense
Referral to state attorney for prosecution and $5,
							 000 fine.
Referral to state attorney for prosecution for $10,
							 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Referral to state attorney for prosecution.
Referral to state attorney for prosecution.
Second Offense
Referral to state attoeney for prosecution.
Referral to state attorney for prosecution.
(m) Practicing with a suspended license.
(Section
							  468.811(1)(g),
							 F.S.)
First Offense
Additional suspension period and $5, 000 fine.
Additional suspension period and $7, 500 fine.
Second Offense
Additional suspension period and $7, 500 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Additional suspension period.
Additional suspension period.
Second Offense
Additional suspension period.
Revocation.
(n) Practicing with an inactive license or
							 registration.
(Section
							  468.811(1)(g),
							 F.S.)
First Offense
$1, 000 fine per month prior to reactivation.
$1, 500 fine per month prior to reactivation.
Second Offense
$1, 500 fine per month prior to reactivation.
$2, 000 fine per month prior to reactivation.
TELEHEALTH REGISTRANTS
First Offense
Suspension until to reactivation of license and
							 registration.
Suspension reactivation of license and
							 registration.
Second Offense
Suspension until reactivation of license and
							 registration.
Suspension until reactivation of license and
							 registration.
(o) Malpractice.
(Section
							  468.811(1)(h),
							 F.S.)
First Offense
1 year probation with conditions, continuing
							 education and $1, 000 fine.
1 year suspension 2 years probation with conditions,
							 continuing education and $5, 000 fine.
Second Offense
1 year suspension, 2 years probation with conditions,
							 continuing education and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan,
							 continuing education.
3 years suspension with corrective action plan,
							 continuing education.
Second Offense
3 years suspension with corrective action plan,
							 continuing education.
Revocation.
(p) 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
1 year probation with conditions and $1, 000
							 fine.
6 months suspension, 1 year probation with conditions
							 and $2, 000 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $2, 000 fine.
1 year suspension, 2 years probation with conditions
							 and $4, 000 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $4, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
18 months suspension with corrective action
							 plan.
Second Offense
18 months suspension with corrective action
							 plan.
3 years suspension with corrective action
							 plan.
Third Offense
3 years suspension with corrective action
							 plan.
Revocation.
(q) Failure to report another licensee in
							 violation.
(Section
							  456.072(1)(i),
							 F.S.)
First Offense
Reprimand
Reprimand and $100 fine.
Second Offense
6 months probation with conditions and $500
							 fine.
6 months suspension, 6 months probation with
							 conditions and $1, 000 fine.
Third Offense
6 months suspension, 6 months probation with
							 conditions and $1, 000 fine.
1 year suspension, 1 year probation with conditions
							 and $1, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
Reprimand.
Second Offense
6 months suspension with corrective action
							 plan.
1 year suspension with corrective action plan.
Third Offense
1 year suspension with corrective action plan.
2 years suspension with corrective action
							 plan.
(r) Assisting, procuring, employing, or advising any
							 unlicensed person or entity to practice.
(Section
							  456.072(1)(j),
							 F.S.)
First Offense
1 year probation with conditions, and $1, 000
							 fine.
6 months suspension, 1 year probation with conditions
							 and $3, 000 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $3, 000 fine.
1 year suspension, 2 years probation with conditions
							 and $6, 000 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $6, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
18 months suspension with corrective action
							 plan.
Second Offense
18 months suspension with corrective action
							 plan.
3 years suspension with corrective action
							 plan.
Third Offense
3 years suspension with corrective action
							 plan.
Revocation.
(s) Failure to perform any statutory or legal
							 obligation.
(Section
							  456.072(1)(k),
							 F.S.)
First Offense
Reprimand.
Reprimand and $250 fine.
Second Offense
Reprimand and $250 fine.
6 months probation with conditions and $500
							 fine.
Third Offense
6 months probation with conditions and $500
							 fine.
1 year probation with conditions and $1, 000
							 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
Reprimand.
Second Offense
Reprimand.
6 months probation with corrective action
							 plan.
Third Offense
6 months suspension with corrective action
							 plan.
1 year suspension with corrective action plan.
(t) Exercising influence on a patient for financial
							 gain.
(Section
							  456.072(1)(n),
							 F.S.)
First Offense
1 year probation with conditions and $1, 000
							 fine.
1 year suspension, 2 years probation with conditions
							 and $5, 000 fine.
Second Offense
Revocation and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
3 years suspension with corrective action
							 plan.
Second Offense
Revocation of registration.
Revocation.
(u) Practicing, offering to practice, beyond the
							 scope permitted by law or accepting and performing professional
							 responsibilities the registrant knows, or has reason to know, the registrant is
							 not competent to perform.
(Sections
							  456.072(1)(o),
							 F.S.)
First Offense
6 months probation with conditions including refund
							 of fees billed and collected and $500 fine.
6 months suspension, 6 months probation with
							 conditions or denial/revocation and $10, 000 fine.
Second Offense
6 months suspension, 6 months probation with
							 conditions and $1, 000 fine.
1 year suspension, 1 year probation with conditions
							 and $10, 000 fine.
Third Offense
1 year suspension, 1 year probation with conditions
							 and $2, 500 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
6 months suspension with corrective action plan
							 including refund of fees billed and collected.
1 year suspension with corrective action plan or
							 denial/revocation.
Second Offense
1 year suspension with corrective action plan.
2 years suspension with corrective action
							 plan.
Third Offense
2 years suspension with corrective action
							 plan.
Revocation.
(v) Failure to provide written notice of any
							 applicable warranty for an orthosis, prosthesis, or pedorthic device that is
							 provided to any patient.
(Section
							  468.811(1)(i),
							 F.S.)
First Offense
Reprimand
Reprimand and $500 fine.
Second Offense
Reprimand and $500 fine.
6 months probation with conditions and $1, 000
							 fine.
Third Offense
6 months probation with conditions and $1, 000
							 fine.
1 year probation with conditions and $2, 000
							 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
Reprimand.
Second Offense
Reprimand.
6 months suspension with corrective action
							 plan.
Third Offense
6 months suspension with corrective action
							 plan.
1 year suspension with corrective action plan.
(w) Delegating or contracting for the performance of
							 professional responsibilities by a person when the registrant 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
1 year probation with conditions and $500
							 fine.
6 months suspension, 1 year probation with conditions
							 and $1, 000 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $1, 000 fine.
1 year suspension, 2 years probation with conditions
							 and $2, 500 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $2, 500 fine.
Revocation and $5, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
18 months suspension with a corrective action
							 plan.
Second Offense
18 months suspension with a corrective action
							 plan.
3 years suspension with a corrective action
							 plan.
Third Offense
3 years suspension with a corrective action
							 plan.
Revocation.
(x) Improperly interfering with an investigation or
							 inspection authorized by statute, or with a disciplinary proceeding.
(Section
							  456.072(1)(r),
							 F.S.)
First Offense
6 months probation with conditions and $500
							 fine.
6 months suspension 1 year probation with conditions
							 and $1, 000 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $1, 000 fine.
1 year suspension, 2 years probation with conditions
							 and $2, 000 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $2, 000 fine.
Revocation and $5, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
6 months suspension with corrective action
							 plan.
18 months suspension with a corrective action
							 plan.
Second Offense
18 months suspension with a corrective action
							 plan.
3 years suspension with a corrective action
							 plan.
Third Offense
3 years suspension with a corrective action
							 plan.
Revocation.
(y) 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.)
First Offense
1 year suspension, 4 years probation with conditions
							 and $2, 500 fine.
Denial/revocation and $5, 000 fine.
Second Offense
Revocation and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
5 years suspension with corrective action
							 plan.
Denial/revocation of registration.
Second Offense
Revocation of registration.
Revocation.
(z) Failure to report to the Board before October 1,
							 1999, any convictions, findings of guilt, or pleas of nolo contendere entered
							 before July 1, 1999, that have not previously been reported.
(Section
							  456.072(1)(x),
							 F.S.)
First Offense
Reprimand and $250 fine.
6 months probation with conditions and $500
							 fine.
Second Offense
6 months probation with conditions and $500
							 fine.
6 months suspension, 6 months probation with
							 conditions and $1, 000 fine.
Third Offense
6 months suspension, 6 months probation with
							 conditions and $1, 000 fine.
Revocation and $2, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
6 months suspension with corrective action
							 plan.
Second Offense
6 months suspension with corrective action
							 plan.
1 year suspension with corrective action plan.
Third Offense
1 year suspension with corrective action plan.
Revocation.
(aa) Being convicted or found guilty of or entering a
							 plea of nolo contendere to, regardless of adjudication, a crime in any
							 jurisdiction which relates to the practice of or ability to practice a
							 licensee's profession.
(Sections
							  468.811(1)(b),
							 and  456.072(1)(c),
							 F.S.
First Offense
6 months probation with conditions and $1, 000
							 fine.
Denial/revocation and $5, 000 fine.
Second Offense
1 year suspension and $5, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
6 months suspension with a corrective action
							 plan.
Denial/revocation of registration.
Second Offense
1 year suspension with corrective action plan.
Revocation.
(bb) Making deceptive, untrue, or fraudulent
							 representations in or related to the practice of a profession or employing a
							 trick or scheme in or related to the practice of a profession.
(Section
							  456.072(1)(m),
							 F.S.)
First Offense
1 year probation with conditions and $10, 000
							 fine.
1 year suspension, 1 year probation with conditions
							 and $10, 000 fine.
Second Offense
1 year suspension, 1 year probation with conditions
							 and $10, 000 fine.
Revocation and $10, 000 fine.
Third Offense
2 years suspension, 2 years probation with conditions
							 and $10, 000 fine.
Revocation and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension with corrective action plan.
2 years suspension with corrective action
							 plan.
Second Offense
2 years suspension with corrective action
							 plan.
Revocation.
Third Offense
4 years suspension with corrective action
							 plan.
Revocation.
(cc) Failing to report to the board within 30 days
							 after the licensee has been convicted or found guilty of, or entered into 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 $250 fine.
6 months suspension, 1 year probation with conditions
							 and $500 fine.
Second Offense
6 months suspension, 1 year probation with conditions
							 and $500 fine.
1 year suspension, 2 years probation with conditions
							 and $1, 000 fine.
Third Offense
1 year suspension, 2 years probation with conditions
							 and $1, 000 fine.
Revocation and $2, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
6 months suspension of registration, 1 year probation
							 with conditions.
Second Offense
18 months suspension with corrective action
							 plan.
3 years suspension with corrective action
							 plan.
Third Offense
3 years suspension with corrective action
							 plan.
Revocation.
(dd) Using information about people involved in motor
							 vehicle accidents which has been derived from accident reports made by law
							 enforcement officers for solicitation of the people involved in the
							 accidents.
(Section
							  456.072(1)(y),
							 F.S.
First Offense
Citation.
Citation and $250 fine.
Second Offense
Reprimand and $250 fine.
Reprimand and $500 fine.
Third Offense
Reprimand and $500 fine.
6 months probation with conditions and $1, 000
							 fine.
TELEHEALTH REGISTRANTS
First Offense
Letter of Concern.
Letter of Concern.
Second Offense
Reprimand.
Reprimand.
Third Offense
Reprimand.
6 months suspension with corrective action
							 plan.
(ee) Being terminated from an impaired practitioner
							 treatment program for failure to comply with terms of contract or for not
							 successfully completing any drug-treatment or alcohol-treatment program.
(Section
							  456.072(1)(hh),
							 F.S.)
First Offense
Suspension until the licensee is able to demonstrate
							 ability to practice with reasonable skill and safety, followed by up to 5 years
							 probation with conditions.
Revocation.
Second or Subsequent Offense
Suspension until the licensee is able to demonstrate
							 ability to practice with reasonable skill and safety, followed by up to 5 years
							 probation with conditions, or revocation, and up to $2, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Suspension of registration until the licensee is able
							 to demonstrate ability to practice with reasonable skill and safety, followed
							 by up to a 5 years suspension with corrective action plan.
Revocation.
Second or Subsequent Offense
Suspension of registration until the licensee is able
							 to domonstrate ability to practice with reasonable skill and safety, followed
							 by up to a 5 years suspension with corrective action plan or revocation.
(ff) 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.)
First Offense
Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense
Revocation/Denial of registration.
(gg) Failing to remit the sum owed to the state for
							 an overpayment from the Medicaid program pursuant to a final order, judgment,
							 or stipulation or settlement.
(Section
							  456.072(1)(jj),
							 F.S.)
First Offense
Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense
Revocation/Denial of registration.
(hh) Being terminated from the state Medicaid program
							 pursuant to Section  409.913, F.S., any other state
							 Medicaid program, or the federal Medicare program, unless eligibility to
							 participate in the program from which the practitioner was terminated has been
							 restored.
(Section
							  456.072(1)(kk),
							 F.S.)
First Offense
Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense
Revocation/Denial of registration.
(ii) 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.)
First Offense
Revocation/Denial and $10, 000 fine.
TELEHEALTH REGISTRANTS
First Offense
Revocation/Denial of registration.
(jj) Providing information, including written
							 documentation, indicating that a person's need for an emotional support animal
							 under Section  760.27, F.S., without personal
							 knowledge of the person's disability or disability-related need for the
							 specific emotional support animal.
(Section
							  456.072(1)(pp),
							 F.S.
First Offense
1 year suspension.
1 year suspension with corrective action plan.
Second or Subsequent Offense
2 years suspension with corrective action
plan.
Revocation.
TELEHEALTH REGISTRANTS
First Offense
1 year suspension.
1 year suspension with a corrective action
							 plan.
Second or Subsequent Offense
2 years suspension with corrective action
							 plan.
Revocation.
(kk) Failure to comply with the parental consent
							 requirements of Section
							  1014.06, F.S.
(Section
							  456.072(1)(rr),
							 F.S.)
First Offense
Reprimand and a fine of $250.
$500 fine and one (1) year probation.
Second Offense
$500 fine and one (1) year of probation.
Revocation.
TELEHEALTH REGISTRANTS
First Offense
Reprimand.
Suspension and a corrective action plan.
Second Offense
Suspension and a corrective action plan.
Revocation.
(ll) Being convicted or found guilty of, entering a
							 plea of guilty or nolo contedere to, or committing or attempting, coliciting,
							 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(ss),
							 F.S.)
First Offense
Revocation.
Revocation.
Second Offense
Revocation.
Revocation.
TELEHEALTH REGISTRANTS
First Offense
Revocation.
Revocation.
Second Offense
Revocation.
Revocation.
(mm) Failure to display hyperlink on telehealth
							 registrant's website.
(Section
							  456.47(4)(c),
							 F.S.
TELEHEALTH REGISTRANTS
First Offense
Letter of Concern.
Suspension until compliant and corrective action
							 plan.
Second Offense
Suspension until compliant and a corrective action
							 plan.
Revocation.
(nn) Failing to notify the board of restrictions
							 placed on his or her license to practice, or any disciplinary action taken or
							 pending against him or her, in any state or jurisdiction within 5 business days
							 after the restriction is placed or disciplinary action is initiated or
							 taken.
(Section
							  456.47(4)(d),
							 F.S.)
TELEHEALTH REGISTRANTS
First Offense
Letter of Concern to suspension and a corrective
							 action plan.
Revocation.
Second Offense
Suspension and a corrective action plan.
Revocation.
(oo) Opening an office in Florida or providing
							 in-person healthcare services to patients in Florida.
(Section
							  456.47(4)(f),
							 F.S.)
TELEHEALTH REGISTRANTS
MINIMUM
MAXIMUM
First Offense
Suspension until compliant and a corrective action
							 plan.
Revocation.
Second Offense
Minimum of 1 year suspension until compliant and
							 corrective action plan to revocation of denial.
Revocation.
(3)
				The Board shall take into consideration the following factors in determining
				whether to go outside of the disciplinary guidelines and the appropriate
				discipline to be imposed outside of the disciplinary guidelines:
(a) The danger to the public;
(b) The actual damage, physical or otherwise,
				to specific patients;
(c) The
				length of time since the date of the last violation(s);
(d) The length of time the licensee has
				practiced the profession;
(e) Prior
				discipline imposed on the licensee;
(f) The deterrent effect of the penalty
				imposed;
(g) The effect of the
				penalty upon the licensee;
(h)
				Efforts by the licensee toward rehabilitation;
(i) Attempts by the licensee to correct or
				stop violations;
(j) Negligent
				actions resulting in financial harm to the patient.
(k) Vulnerability of the patient due to age,
				illness, or disability.