Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-30 - PHYSICIAN ASSISTANT › Section 64B8-30.015 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 456.079, F.S., the Boards
				provide within this rule disciplinary guidelines which shall be imposed upon
				physician assistant applicants or licensees whom it regulates under Chapters
				458 and 459, F.S., or telehealth providers registered under Section
				456.47(4), F.S.
				The purpose of this rule is to notify such applicants and licensees of the
				ranges of penalties which will routinely be imposed unless the Boards find it
				necessary to deviate from the guidelines for the stated reasons given within
				this rule. The ranges of penalties provided below are based upon a single count
				violation of each provision listed; for multiple counts of the violated
				provisions or a combination of the violations the Boards shall consider a
				higher penalty than that for a single, isolated violation. Each range includes
				the lowest and highest penalty and all penalties falling between, including
				continuing medical education (CME). For telehealth registrants, a suspension
				may be accompanied by a corrective action plan that addresses 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. The purposes of the imposition of discipline are to punish the
				applicants or licensees for violations and to deter them from future
				violations; to offer opportunities for rehabilitation, when appropriate; and to
				deter other applicants or licensees from violations.
(2) Violations and Range of Penalties. In
				imposing discipline upon physician assistant applicants and licensees, in
				proceedings pursuant to Sections
				120.57(1) and
				(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. In addition to the guideline penalties provided herein, if the
				violation is for fraud or making a false or fraudulent representation, the
				Board shall impose a fine of $10, 000.00 per count. In no event for the
				penalties set forth below shall the fine exceed $10, 000.00 per count.
VIOLATIONS
RECOMMENDED PENALTIES
FOR TELEHEALTH REGISTRANTS
First Offense
Subsequent Offenses
First Offense
Subsequent Offenses
(a) Attempting to obtain alicense or certificate by
							 bribery, fraud or through an error of the Department or the Board.
(Sections 458.331(1)(a);
456.072(1)(h),
							 F.S.)
1. Attempting to obtain an initial license by bribery
							 or fraud.
1. Denial of application and a $10, 000.00
							 fine.
1. Denial of application.
2. Attempting to renew a license by bribery or
							 fraud.
2. Revocation of the license and payment of a $10,
							 000 fine.
2. Revocation
3. Obtaining or renewing a license by bribery or
							 fraud.
3. Revocation of the license and payment of a $10,
							 000 fine.
3. Revocation
4. Obtaining or renewing a license through error of
							 the Department or the Board.
4. Revocation.
4. Revocation
(b) Action taken against license by another
							 jurisdiction.
(Sections 458.331(1)(b); 456.072(1)(f);
456.47(4)(d),
							 F.S.)
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to reprimand through suspension or denial of the license
							 until the license is unencumbered in the jurisdiction in which disciplinary
							 action was originally taken and an administrative fine ranging from $1, 000.00
							 to $2, 500.00.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to suspension and revocation or denial of the license until
							 the license is unencumbered in the jurisdiction in which disciplinary action
							 was originally taken, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to suspension or denial of the license until the license is
							 unencumbered in the jurisdiction in which disciplinary action was originally
							 taken.
(b) From imposition of discipline comparable to the
							 discipline which would have been imposed if the substantive violation had
							 occurred in Florida to revocation or denial of the license.
1. Action taken against license by another
							 jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,
							 000.00.
1. Revocation and an administrative fine of $10,
							 000.00, or in the case of application for licensure, denial of
							 licensure.
1. Revocation or in the case of application for
							 licensure, denial of licensure.
2. Action taken against license by another
							 jurisdiction relating to healthcare fraud in dollar amounts of $5, 000.00 or
							 less.
2. From an administrative fine of $10, 000.00 and a
							 reprimand through suspension of the license, or in case of application for
							 licensure, denial of licensure.
2. From an administrative fine of $10, 000.00 and
							 suspension of the license, followed by a period of probation to revocation, or
							 in case of application for licensure, denial of licensure.
2. A suspension of license with a corrective action
							 plan to revocation.
2. Revocation or denial.
(c) Guilty of crime directly relating to practice or
							 ability to practice.
(Sections 458.331(1)(c);
456.072(1)(c),
							 F.S.)
(c) From reprimand to revocation or denial of
							 license, and an administrative fine of $1, 000.00 to $5, 000.00.
(c) From probation to revocation or denial of the
							 license, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(c) From a reprimand to revocation or denial.
(c) From suspension to revocation or denial.
1. Involving a crime directly related to healthcare
							 fraud in dollar amounts in excess of $5, 000.00.
1. Revocation and an administrative fine of $10,
							 000.00, or in the case of application for licensure, denial of
							 licensure.
1. Revocation or denial.
2. Involving a crime directly related to healthcare
							 fraud in dollar amounts of $5, 000.00 or less.
2. An administrative fine of $10, 000.00 and a
							 reprimand through suspension to revocation of the license, or in case of
							 application for licensure, denial of licensure.
2. An administrative fine of $10, 000.00 and
							 suspension of the license, followed by a period of probation to revocation, or
							 in case of application for licensure, denial of licensure.
2. Suspension of license with a corrective action
							 plan to revocation.
2. Revocation.
(d) False, deceptive, or misleading
							 advertising.
(Section
							 458.331(1)(d),
							 F.S.)
(d) From a letter of concern to one (1) year
							 suspension to be followed by a period of probation, or denial of licensure, and
							 an administrative fine ranging from $2, 500.00 to $10, 000.
(d) From a reprimand to up to one (1) year suspension
							 to be followed by a period of probation, or denial of licensure, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.00.
(d) From a letter of concern to one (1) year
							 suspension with a corrective action plan or denial.
(d) From a reprimand to up to one (1) year suspension
							 with a corrective action plan or denial.
(e) Failure to report another licensee in
							 violation.
(Sections 458.331(1)(e);
456.072(1)(i),
							 F.S.)
(e) From a letter of concern to probation and an
							 administrative fine ranging from $1, 000.00 to $2, 500.00, or denial of
							 licensure.
(e) From reprimand to suspension or denial of
							 licensure, and an administrative fine from $2, 500.00 to $5, 000.00.
(e) From letter of concern to suspension with a
							 corrective action plan or denial.
(e) From a suspension with a corrective action plan
							 to revocation.
(f) Aiding unlicensed practice.
(Sections 458.331(1)(f);
456.072(1)(j),
							 F.S.)
(f) From reprimand to suspension, followed by
							 probation, or denial of licensure, and an administrative fine ranging from $1,
							 000.00 to $5, 000.00.
(f) From probation to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(f) From reprimand to suspension with corrective
							 action plan or denial.
(f) From suspension to revocation or denial.
(g) Failure to perform legal obligation.
(Sections 458.331(1)(g);
456.072(1)(k),
							 F.S.)
(g) For any offense not specifically listed herein,
							 based upon the severity of the offense and the potential for patient harm, from
							 a letter of concern to revocation or denial of licensure, and an administrative
							 fine from $1, 000.00 to $5, 000.00.
(g) 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 $2, 500.00
							 to $5, 000.00.
(g) For any offense not specifically listed herein,
							 based upon the severity of the offense and the potential for patient harm, from
							 a letter of concern to revocation or denial, unless otherwise provided by
							 law.
(g) 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, unless otherwise provided by law.
1. Continuing medical education (CME)
							 violations.
(Sections 456.072(1)(e);
456.072(1)(s);
456.033(1),
							 F.S.)
1. Document compliance with the CME requirements for
							 the relevant period; AND:
1. Document compliance with the CME requirements for
							 the relevant period; AND:
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
a. Failure to document required HIV/AIDS.
a. An administrative fine ranging from $250.00 to
							 $500.00.
a. An administrative fine ranging from $500.00 to $1,
							 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
b. Failure to document required domestic violence
							 CME.
b. An administrative fine ranging from $250.00 to
							 $500.00.
b. An administrative fine of $500.00 to $1,
							 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
c. Failure to document required HIV/AIDS and failure
							 to document domestic violence CME.
c. An administrative fine ranging from $500.00 to $1,
							 000.00.
c. An administrative fine ranging from $1, 000.00 to
							 $2, 000.00.
Not applicable to telehealth registrants.
Not applicable to telehealth registrants.
2. Failing to report to the Board within 30 days
							 after the licensee has been convicted of a crime in any jurisdiction.
(Section
							 456.072(1)(x),
							 F.S.)
Or failing to report to the Board convictions prior
							 to the enactment of this section, in writing, on or before October 1,
							 1999.
(Section
							 456.072(1)(x),
							 F.S.)
2. From an administrative fine ranging from $1,
							 000.00 to $5, 000.00 and a reprimand or denial.
2. From an administrative fine ranging from $2,
							 500.00 to $5, 000.00 and a reprimand or denial.
2. From a letter of concern to a reprimand or
							 denial.
2. From suspension to revocation.
3. Failing to disclose financial interest to
							 patient.
(Section
							 456.052, F.S.)
3. A refund of fees paid by or on behalf of the
							 patient and from an administrative fine of $1, 000.00, to a reprimand, and an
							 administrative fine of $2, 500.00.
3. A refund of fees paid by or on behalf of the
							 patient and from a reprimand, and an administrative fine of $2, 500.00 to a
							 reprimand and an administrative fine of $5, 000.00.
3. A refund of fees paid by or on behalf of the
							 patient and a letter of concern to a reprimand.
3. A refund of fees paid by or on behalf of the
							 patient and reprimand to a suspension.
(h) Filing a false report or failing to file a report
							 as required.
(Sections 458.331(1)(h);
456.072(1)(l),
							 F.S.)
1. Negligently filing a false report or failing to
							 file a report as required.
1. From a letter of concern or denial to one (1) year
							 probation, and an administrative fine from $1, 000.00 to $5, 000.00.
1. From one (1) year probation to revocation or
							 denial and an administrative fine from $5, 000.00 to $10, 000.00.
1. From a letter of concern to a reprimand or
							 denial.
1. From a reprimand to revocation.
2. Fraudulently filing a false report or failing to
							 file a report as required.
2. From one (1) year probation to revocation or
							 denial and a $10, 000.00 fine.
2. From suspension, to be followed by a period of
							 probation, to revocation and a $10, 000.00 fine.
2. From a reprimand to revocation or denial.
2. From suspension to revocation.
(i) Kickbacks or split fee arrangements.
(Section
							 458.331(1)(i),
							 F.S.)
(i) A refund of fees paid by or on behalf of the
							 patient, and from a reprimand and an administrative fine of $1, 000.00 to a
							 reprimand and an administrative fine of $5, 000.00, or denial of
							 licensure.
(i) A refund of fees paid by or on behalf of the
							 patient, and from suspension to revocation or denial of licensure, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00.
(i) A refund of fees paid by or on behalf of the
							 patient, and from a reprimand to six (6) months suspension with a corrective
							 action plan, or denial.
(i) A refund of fees paid by or on behalf of the
							 patient, and from a one (1) year suspension with a corrective action plan, to
							 revocation.
(j) Sexual Misconduct.
(Sections 458.331(1)(j);
458.329;
456.072(1)(v),
							 F.S.)
(j) From one (1) year suspension to be followed by a
							 period of probation and a reprimand, and an administrative fine ranging from
							 $5, 000.00 to $10, 000.00, or denial of licensure.
(j) Revocation.
(j) From one (1) year suspension with a corrective
							 action plan, and a reprimand, to revocation or denial.
(j) Revocation.
(k) Deceptive, untrue, or fraudulent representations
							 in the practice of medicine.
(Sections 458.331(1)(k);
456.072(1)(a),
							 (m), F.S.)
(k) From a reprimand, to revocation, or denial of
							 licensure, and an administrative fine from $5, 000.00 to $10, 000.00. If the
							 offense includes an element of fraud or making a false or fraudulent
							 representation the fine shall be $10, 000.00.
(k) From suspension, to be followed by a period of
							 probation, to revocation or denial, and an administrative fine from $7, 500.00
							 to $10, 000.00. If the offense includes an element of fraud or making a false
							 or fraudulent representation the fine shall be $10, 000.00.
(k) From a reprimand to revocation or denial.
(k) From suspension with a corrective action plan, to
							 revocation.
(l) Improper solicitation of patients.
(Section
							 458.331(1)(l),
							 F.S.)
(l) From an administrative fine ranging from $1,
							 000.00 to $5, 000.00, and a reprimand to probation, or denial of
							 licensure.
(l) From suspension, to be followed by a period of
							 probation, to revocation or denial of licensure, and an administrative fine
							 from $2, 500.00 to $5, 000.00.
(l) From a reprimand to one (1) year suspension with
							 a corrective action plan, to revocation or denial.
(l) From suspension with a corrective action plan, to
							 revocation.
(m) Failure to keep legible written medical
							 records.
(Sections 458.331(1)(m);
456.47(3),
							 F.S.)
(m) From letter of concern, to a reprimand, or denial
							 of licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.000.
(m) From a reprimand to suspension followed by
							 probation, and an administrative fine ranging from $2, 500.00 to $5, 000.00, or
							 denial of licensure.
(m) From a letter of concern to a suspension with a
							 corrective action plan or denial.
(m) From a reprimand to two (2) years suspension with
							 a corrective action plan.
(n) Exercising influence on patient for financial
							 gain.
(Sections 458.331(1)(n);
456.072(1)(n),
							 F.S.)
(n) Payment of fees paid by or on behalf of the
							 patient and from a reprimand to two (2) years suspension, to be followed by a
							 period of probation, or denial of licensure, and an administrative fine ranging
							 from $5, 000.00 to $7, 500.00.
(n) Payment of fees paid by or on behalf of the
							 patient and from probation, to revocation, or denial of licensure, and an
							 administrative fine ranging from $5, 000.00 to $10, 000.
(n) Payment of fees paid by or on behalf of the
							 patient and from a reprimand to two (2) years suspension with a corrective
							 action plan or denial.
(n) Payment of fees paid by or on behalf of the
							 patient and from two (2) year suspension to revocation or denial.
(o) Improper advertising of pharmacy.
(Section
							 458.331(1)(o),
							 F.S.)
(o) From a letter of concern to probation, or a
							 denial of licensure, and an administrative fine ranging from $250.00 to $2,
							 500.00.
(o) From a reprimand, and an administrative fine of
							 $2, 500.00 to probation, and an administrative fine from $2, 500.00 to $5,
							 000.00, or denial of licensure.
(o) From a letter of concern to suspension to with a
							 corrective action plan or denial.
(o) From a reprimand to six (6) month suspension to
							 be followed by a corrective action plan.
(p) Performing professional services not authorized
							 by patient.
(Section
							 458.331(1)(p),
							 F.S.)
(p) From a letter of concern, to revocation, or
							 denial of licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.00.
(p) From a reprimand, to revocation, or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(p) From a reprimand or denial to revocation or
							 denial.
(p) From suspension with a corrective action plan to
							 revocation or denial.
(q) Inappropriate or excessive prescribing.
(Section
							 458.331(1)(q),
							 F.S.)
(q) From one (1) year probation to revocation, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00, or denial of
							 licensure.
(q) From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(q) From a three (3) month suspension with a
							 corrective action plan to revocation or denial.
(q) From one (1) year suspension with a corrective
							 action plan, revocation or denial.
(r) Prescribing or dispensing of a scheduled drug by
							 the physician assistant to himself or herself.
(Section
							 458.331(1)(r),
							 F.S.)
(r) From probation to suspension or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $2, 500.00,
							 and a mental and physical examination.
(r) From suspension to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5, 000.00,
							 and a mental and physical examination.
(r) From a fourteen (14) day suspension with a
							 corrective action plan to revocation and a mental and physical
							 examination.
(r) From a three (3) month suspension with a
							 corrective action plan, to revocation or denial, and a mental and physical
							 examination.
(s) Inability to practice medicine with skill and
							 safety.
(Section
							 458.331(1)(s),
							 F.S.)
(s) From probation to indefinite suspension until
							 licensee is able to demonstrate ability to practice with reasonable skill and
							 safety followed by probation, or denial of licensure, and an administrative
							 fine ranging from $1, 000.00 to $2, 500.00.
(s) From indefinite suspension, followed by
							 probation, to suspension for a minimum of five (5) years or until the licensee
							 is able to demonstrate ability to practice with reasonable skill and safety,
							 followed by probation, and an administrative fine from $2, 500.00 to $5, 000.00
							 or denial of licensure.
(s) From indefinite suspension with corrective action
							 plan and until licensee is able to demonstrate ability to practice with
							 reasonable skill and safety to suspension for a minimum of one (1) year and
							 until licensee is able to demonstrate ability to practice with reasonable skill
							 and safety or denial.
(s) From indefinite suspension with a corrective
							 action plan, to suspension for a minimum of five (5) years and until licensee
							 is able to demonstrate ability to practice with reasonable skill and
							 safety.
(t)1. Malpractice: practicing below acceptable
							 standard of care.
(Section
							 458.331(1)(t),
							 F.S.)
(t)1. From a letter of concern, to revocation, or
							 denial of licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.00.
(t)1. From reprimand, to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(t)1. From letter of concern to revocation or
							 denial.
(t)1. From reprimand to revocation or denial.
2. Gross Malpractice.
2. From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $2,
							 500.00.
2. From suspension followed by probation to
							 revocation or denial, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
2. From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
2. From two (2) years suspension with a corrective
							 action plan to revocation.
3. Repeated Malpractice.
3. Revocation, or denial of licensure, and an
							 administrative fine ranging from $2, 500.00 to $10, 000.00.
3. Revocation or denial.
(u) Performing of experimental treatment without
							 informed consent.
(Section
							 458.331(1)(u),
							 F.S.)
(u) From a letter of concern to suspension, to be
							 followed by a period of probation, or denial of licensure, and an
							 administrative fine ranging from $1, 000.00 to $5, 000.00.
(u) From suspension to be followed by a period of
							 probation, to revocation or denial of licensure, and an administrative fine
							 ranging from $2, 500.00 to $5, 000.00.
(u) From a letter of concern to one (1) year
							 suspension with a corrective action or denial.
(u) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(v) Practicing beyond scope permitted.
(Sections 458.331(1)(v);
456.072(1)(o),
							 F.S.)
(v) From a letter of concern to two (2) years
							 suspension followed by probation, or denial of licensure, and an administrative
							 fine ranging from $1, 000.00 to $5, 000.00.
(v) From two (2) years suspension followed by
							 probation to revocation, and an administrative fine ranging from $2, 500.00 to
							 $5, 000.00, or denial of licensure.
(v) From reprimand to two (2) years suspension or
							 denial.
(v) From two (2) years suspension to revocation or
							 denial.
(w) Delegation of professional responsibilities to
							 unqualified person.
(Sections 458.331(1)(w);
456.072(1)(p),
							 F.S.)
(w) From reprimand to suspension, followed by
							 probation, or denial of licensure, and an administrative fine ranging from $1,
							 000.00 to $5, 000.00.
(w) From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(w) From reprimand to suspension with corrective
							 action plan or denial.
(w) From six (6) month suspension with a corrective
							 action plan to revocation or denial.
(x)1. Violation of a lawful order of the board or
							 department previously entered in a disciplinary hearing, or failure to comply
							 with a lawfully issued subpoena of the department.
(Sections 458.331(1)(x);
456.072(1)(q),
							 F.S.)
(x)1. 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 of licensure, and an administrative fine
							 ranging from $1, 000.00 to $5, 000.00.
(x)1. From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(x)1. 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.
(x)1. From suspension to revocation, or
							 denial.
2. Violation of an order of the Board.
(Section
							 456.072(1)(q),
							 F.S.)
2. From a reprimand and suspension followed by a
							 period of probation, and an administrative fine of $1, 000.00 to Revocation,
							 and an administrative fine of $5, 000.00.
2. From a reprimand nd suspension ollowed by a period
							 of probation, and an administrative fine of $2, 500.00 to revocation, and an
							 administrative fine of $10, 000.00.
2. From a reprimand to revocation or denial.
2. From suspension with a corrective action plan, to
							 revocation, or denial.
(y) Conspiring to restrict another from lawfully
							 advertising services.
(Section
							 458.331(1)(y),
							 F.S.)
(y) From a letter of concern to a reprimand, or
							 denial, and an administrative fine ranging from $1, 000.00 to $2, 500.00
(y) From a reprimand, and an administrative fine of
							 $2, 500.00 to a reprimand, and an administrative fine of $5, 000.00.
(y) A reprimand or denial.
(y) Suspension with a corrective action plan, or
							 denial.
(z) Aiding an unlawful abortion.
(Section
							 458.331(1)(z),
							 F.S.)
(z) From probation, to revocation, or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.00.
(z) From suspension, to be followed by a period of
							 probation, to revocation or denial of licensure, and an administrative fine
							 ranging from $5, 000.00 to $10, 000.00.
(z) From one (1) year suspension with a corrective
							 action plan, to revocation or denial.
(z) From eighteen (18) month suspension with a
							 corrective action plan, to revocation or denial.
(aa) Presigning prescription forms.
(Section
							 458.331(1)(aa),
							 F.S.)
(aa) From a letter of concern to two (2) years
							 probation, or denial, and an administrative fine from $2, 500.00.
(aa) From suspension, to be followed by a period of
							 probation, to revocation or denial and an administrative fine from $5, 000.00
							 to $10, 000.00.
(aa) From a letter of concern to two (2) years
							 suspension with a corrective action plan or denial.
(aa) From suspension with a corrective action plan to
							 revocation or denial.
(bb) Failure to adequately supervise assisting
							 personnel.
(Section
							 458.331(1)(dd),
							 F.S.)
(bb) From a reprimand to probation, or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $2,
							 500.00.
(bb) From probation to suspension followed by
							 probation, or denial of licensure, and an administrative fine ranging from $2,
							 500.00 to $5, 000.00.
(bb) From a reprimand to a suspension with a
							 corrective action plan or denial.
(bb) From a suspension with a corrective action plan,
							 to revocation or denial.
(cc) Improper use of substances for muscle building
							 or enhancement of athletic performance.
(Section
							 458.331(1)(ee),
							 F.S.)
(cc) From a reprimand to suspension, or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.00.
(cc) From suspension to be followed by a period of
							 probation, to revocation or denial of licensure, and an administrative fine
							 ranging from $2, 500.00 to $5, 000.00.
(cc) From a reprimand to suspension with a corrective
							 action plan or denial.
(cc) From suspension with a corrective action plan to
							 revocation or denial.
(dd) Use of amygdaline (laetrile).
(Section
							 458.331(1)(ff),
							 F.S.)
(dd) From a reprimand to probation, or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $2,
							 500.00.
(dd) From suspension to be followed by a period of
							 probation to revocation or denial of licensure, and an administrative fine
							 ranging from $2, 500.00 to $5, 000.00.
(dd) From a reprimand to suspension with a corrective
							 action plan or denial.
(dd) From suspension with a corrective action plan to
							 revocation or denial.
(ee) Misrepresenting or concealing a material
							 fact.
(Section
							 458.331(1)(gg),
							 F.S.)
(ee) From a reprimand to revocation, and an
							 administrative fine ranging from $2, 500.00 to $5, 000.00, or the denial of
							 licensure.
(ee) From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $5, 000.00 to $10,
							 000.00.
(ee) From reprimand to revocation or denial.
(ee) From a minimum of thirty (30) day suspension
							 with a corrective action plan to revocation, or denial.
(ff) Improperly interfering with an investigation or
							 a disciplinary proceeding.
(Sections 458.331(1)(hh);
456.072(1)(r),
							 F.S.)
(ff) From a reprimand to probation, or denial of
							 licensure, and an administrative fine ranging from $1, 000.00 to $2,
							 500.00.
(ff) From probation, to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(ff) From a reprimand to a suspension with a
							 corrective action plan, or denial.
(ff) From a ninety (90) day suspension with a
							 corrective action plan to revocation or denial.
(gg) Failing to report any M.D., D.O. or PA, who is
							 in violation of law.
(Sections 458.331(1)(ii);
456.072(1)(i),
							 F.S.)
(gg) From a letter of concern to probation, or denial
							 of licensure, and an administrative fine ranging from $1, 000.00 to $2,
							 500.00
(gg) From probation to revocation or denial of
							 licensure, and an administrative fine ranging from $2, 500.00 to $5,
							 000.00.
(gg) From a letter of concern to suspension with a
							 corrective action plan, or denial.
(gg) Suspension with a corrective action plan or
							 denial.
(hh) Providing medical opinion without reasonable
							 investigation.
(Section
							 458.331(1)(jj),
							 F.S.)
(hh) From a letter of concern to probation, or denial
							 of licensure, and an administrative fine ranging from $1, 000.00 to $5,
							 000.00.
(hh) From probation to revocation or denial of
							 licensure, and an administrative fine from $5, 000.00 to $7, 500.00.
(hh) From a letter of concern to a suspension with a
							 corrective action plan or denial.
(hh) From a suspension with a corrective action plan
							 to revocation or denial.
(ii) Failing to provide patients with information
							 about patient rights and how to file a patient complaint.
(Sections 458.331(1)(mm);
456.072(1)(u),
							 F.S.)
(ii) Corrective action for nonwillful violations.
							 Letter of concern to reprimand and corrective action for willfull violations
							 and an administrative fine from $100.00 to $200.00.
(ii) Administrative fine of up to $100.00 for
							 nonwillful violations; and an administrative fine from $250.00 to $500.00 for
							 willful violations.
(ii) From a letter of concern to seven (7) day
							 suspension with corrective action plan.
(ii) From a reprimand to a ten (10) day suspension
							 with corrective action plan.
(jj)1.Violating any provision of Chapters 458, and
							 456, F.S., or any rules adopted pursuant thereto.
(Section
							 458.331(1)(nn),
							 F.S.)
(jj) From a reprimand, to revocation or denial and an
							 administrative fine from $1, 000.00 to $5, 000.00.
(jj) From probation, to revocation or denial and an
							 administrative fine from $5, 000.00 to $10, 000.00.
(jj) From a reprimand to revocation or denial.
(jj) From suspension with a corrective action plan to
							 revocation or denial.
2. Performing a pelvic examination on a patient
							 without the written consent of the patient or the patient's legal
							 representative executed specific to, and expressly identifying, the pelvic
							 examination.
(Sections 458.331(1)(nn);
456.51, F.S.)
2. From a letter of concern to a reprimand and an
							 administrative fine from $1, 000.00 to $2, 500.00, or denial.
2. From a reprimand to revocation, and an
							 administrative fine from $5, 000.00 to $7, 500.00 or denial.
2. From a letter of concern to suspension with a
							 corrective action plan or denial.
2. From a minimum of six (6) months suspension with a
							 corrective action plan to revocation or denial.
(kk) Theft or reproduction of an examination.
(Section
							 456.018, F.S.)
(kk) Revocation or denial of licensure.
(kk) Revocation or denial.
(ll) Prescribing controlled substances in violation
							 of Section 456.47(2)(c),
							 F.S.
(Section
							 456.47(2)(c),
							 F.S.)
(ll) From a reprimand and a $5, 000.00 fine to
							 revocation or denial.
(ll) From suspension and a $10, 000.00 fine to
							 revocation or denial.
(ll) From a reprimand to revocation or denial.
(ll) From suspension with a corrective action plan to
							 revocation or denial.
(mm) Performing or attempting to perform health care
							 services on the wrong patient, a wrong site procedure, a wrong procedure, or an
							 unauthorized procedure or a procedure that is medically unnecessary or
							 otherwise unrelated to the patient's diagnosis or medical condition.
(Section
							 456.072(1)(bb),
							 F.S.)
(mm) From a $1, 000.00 fine, a letter of concern, a
							 minimum of five (5) hours of risk management education, and one (1) hour
							 lecture on wrong-site surgery in the State of Florida to a $5, 000.00 fine, a
							 letter of concern, a minimum of five (5) hours of risk management education,
							 undergo a risk management assessment, a one (1) hour lecture on wrong-site
							 surgery, and suspension to be followed by a term of probation, or
							 denial.
(mm) From a $7, 500.00 fine, a reprimand, and
							 probation or denial to a $10, 000.00 fine and revocation.
(mm) From a letter of concern to suspension with a
							 corrective action plan or denial.
(mm) From a reprimand to revocation or denial.
(nn) Leaving a foreign body in a patient, such as a
							 sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used
							 in surgical, examination, or other diagnostic procedures.
(Section
							 456.072(1)(cc),
							 F.S.)
(nn) From a $1, 000.00 to a $5, 000.00 fine, a letter
							 of concern, a minimum of five (5) hours of risk management education, and a one
							 hour lecture to the staff of a Florida licensed healthcare facility on retained
							 foreign body objects to suspension followed by a term of probation.
(nn) From a $7, 500.00 fine, a reprimand and
							 probation, or denial to revocation.
(nn) From a letter of concern to suspension with a
							 corrective action plan.
(nn) From a suspension with a corrective action plan
							 to revocation or denial.
(oo) Engaging in a pattern of practice when
							 prescribing medicinal drugs or controlled substances which demonstrates a lack
							 of reasonable skill or safety to patients.
(Section
							 456.072(1)(gg),
							 F.S.)
(oo) From one year probation to revocation, and an
							 administrative fine ranging from $2, 500.00 to $10, 000.00, or denial of
							 licensure.
(oo) From suspension to be followed by probation to
							 revocation, and an administrative fine ranging from $5, 000.00 to $10, 000.00,
							 or denial of licensure.
(oo) From one (1) month suspension with a corrective
							 action plan, to revocation or denial.
(oo) From ninety (90) day suspension with a
							 corrective action plan, to revocation or denial.
(pp) Being terminated from a treatment program for
							 impaired practitioners, for failure to comply with the terms of the monitoring
							 or treatment contract or for not successfully completing any drug-treatment or
							 alcohol-treatment program.
(Section
							 456.072(1)(hh),
							 F.S.)
(pp) From suspension until licensee demonstrates
							 compliance with all terms of the monitoring or treatment contract, and is able
							 to demonstrate to the Board the ability to practice with reasonable skill and
							 safety to be followed by a term of probation; and a fine of $1, 000 to $2, 500,
							 to revocation or denial.
(pp) From a minimum of six (6) months suspension
							 until licensee demonstrates compliance with all terms of the monitoring or
							 treatment contract and is able to demonstrate to the Board the ability to
							 practice with reasonable skill and safety to be followed by a term of
							 probation; and a fine of $2, 500 to $5, 000, to revocation or denial.
(pp) From suspension with a corrective action plan
							 until licensee demonstrates compliance with all terms of the monitoring or
							 treatment contract, and is able to demonstrate to the Board the ability to
							 practice with reasonable skill and safety, to revocation or denial.
(pp) From a minimum of six (6) months suspension with
							 a corrective action plan and until licensee demonstrates compliance with all
							 terms of the monitoring or treatment contract, and is able to demonstrate to
							 the Board the ability to practice with reasonable skill and safety, to
							 revocation or denial.
(qq) 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.)
(qq) Revocation and a fine of $10, 000, or
							 denial.
(qq) Revocation or denial.
(rr) 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.)
(rr) From a letter of concern to probation, and a
							 fine of $500 to $5, 000.
(rr) From a reprimand to revocation, and a fine of
							 $2, 500 to $5, 000.
(rr) From a letter of concern to suspension with a
							 corrective action plan.
(rr) From a reprimand to revocation.
(ss) 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.)
(ss) From a letter of concern to suspension, and a
							 fine of $1, 000 to 5, 000, or denial. Not applicable to physician assistants
							 licensed under Chapter 458 or 459, F.S.
(ss) From a reprimand to revocation, and a fine of
							 $5, 000 to $10, 000 or denial.
(ss) From a letter of concern to suspension with a
							 corrective action plan, or denial.
(ss) From a reprimand to revocation or denial.
(tt) 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.)
(tt) Revocation and a fine of $10, 000,
							 denial.
(tt) Revocation or denial.
(uu) Failure to comply with the controlled substance
							 prescribing requirements of Section
							 456.44, F.S.
(Section 456.072)(1)(mm), F.S.)
(uu) From a minimum of suspension of license for a
							 period of six (6) months followed by a period of probation and an
							 administrative fine in the amount of $10, 000.00 to revocation and an
							 administrative fine in the amount of $10, 000.00.
(uu) From a minimum of suspension of license for a
							 period of one (1) year followed by a period of probation and an administrative
							 fine in the amount of $10, 000.00 to revocation and an administrative fine in
							 the amount of $10, 000.00.
(uu) From a minimum of suspension for a period of six
							 (6) months with a corrective action plan, to revocation.
(uu) From a minimum of suspension for a period of one
							 (1) year with a corrective action plan, to revocation.
(vv) Willfully failing to comply with Section
							 627.64194 or
							 641.513, F.S., with such
							 frequency as to indicate a general business practice.
(Section
							 458.331(1)(tt),
							 F.S.)
(vv) From a letter of concern to a reprimand and an
							 administrative fine in the amount of $1, 000.00 to $5, 000.00.
(vv) From a reprimand to revocation and an
							 administrative fine in the amount of $5, 000.00 to $10, 000.00.
(vv) From a letter of concern to a reprimand.
(vv) From a reprimand to revocation.
(ww) Failure to consult the prescription drug
							 monitoring system, as required by Section
							 893.055(8),
							 F.S.
(Section
							 458.331(1)(g),
							 F.S.)
(ww) From a letter of concern to a reprimand and an
							 administrative fine of $1, 000.00 to $2, 500.00.
(ww) From a reprimand to revocation and an
							 administrative fine of $2, 500.00 to $10, 000.00
(ww) From a letter of concern to a reprimand.
(ww) From a reprimand to revocation.
(xx) Intentionally implanting a patient or causing a
							 patient to be implanted with a human embryo without the recipient's consent to
							 the use of that human embryo, or inseminating a patient or causing a patient to
							 be inseminated with the human reproductive material, as defined in Section
							 784.086, F.S., of a donor
							 without the recipient's consent to the use of human reproductive material from
							 that donor.
(Section
							 456.072(1)(qq),
							 F.S.
(xx) From six (6) months probation to one (1) year
							 suspension, and an administrative fine of $5, 000.00 to $10, 000.00, or
							 denial.
(xx) From one (1) year suspension to revocation and
							 an administrative fine of $7, 500.00 to $10, 000.00, or denial.
(xx) From six (6) months suspension with a corrective
							 action plan to one (1) year suspension with a corrective action plan or
							 denial.
(xx) From one (1) year suspension with a corrective
							 action plan to revocation or denial.
(yy) Implanting a patient or causing a patient to be
							 implanted with a human embryo created with the human reproductive material, as
							 defined in Section 784.086, F.S., of the licensee,
							 or inseminating a patient or causing a patient to be inseminated with the human
							 reproductive material of the licensee.
(Section
							 458.331(1)(ww),
							 F.S.)
(yy) Revocation and a $10, 000, 00 fine or
							 denial.
(yy) Revocation or denial.
(zz) Providing information indicating that a person
							 has a disability or supporting 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.)
(zz) From a letter of concern to probation and an
							 administrative fine from $500.00 to $1, 000.00
(zz) From a reprimand to revocation and a fine from
							 $500 to $1, 000.00.
(zz) From a letter of concern to a suspension with a
							 corrective action plan.
(zz) From a reprimand to revocation.
(aaa) Failure to report disciplinary action by
							 another jurisdiction including pending disciplinary action.
(Section
							 456.47(4)(d),
							 F.S.)
(aaa) Not applicable to physician assistants licensed
							 under Chapter 458 or 459, F.S.
(aaa) From a reprimand to revocation or
							 denial.
(aaa) From a suspension with a corrective action plan
							 to revocation or denial.
(bbb) Failure to display hyperlink on telehealth
							 registrant's website.
(Section
							 456.47(4)(c),
							 F.S.)
(bbb) Not applicable to physician assistants licensed
							 under Chapter 458 or 459, F.S.
(bbb) From a letter of concern to suspension with a
							 corrective action plan.
(bbb) From a reprimand to revocation.
(ccc) Opening an office in Florida or providing
							 in-person healthcare services to patients in Florida.
(Section
							 456.47(4)(f),
							 F.S.)
(ccc) Not applicable to physician assistants licensed
							 under Chapter 458 or 459, F.S.
(ccc) From six (6) months suspension with a
							 corrective action plan to revocation or denial.
(ccc) From one (1) year suspension with a corrective
							 action plan to revocation.
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
FIRST OFFENSE
SECOND OR SUBSEQUENT OFFENSE
(ddd) Failure to comply with parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
(ddd) From a letter of concern to six (6) months'
							 probation and an administrative fine of $1, 000.00 to $2, 500.00.
(ddd) From a reprimand to one (1) year probation and
							 an administrative fine of $2, 500.00 to $5, 000.00.
(ddd) From six (6) months' probation to revocation
							 and an administrative fine of $5, 000.00 to $10, 000.00, or denial of
							 licensure.
(ddd) From a reprimand to one (1) year
							 suspension.
(ddd) From six (6) month suspension with a corrective
							 action plan to revocation, or denial of registration.
First Offense
Subsequent Offenses
First Offense
Subsequent Offenses
(eee) Being convicted or found guilty of, entering a
							 plea, or committing or attempting, soliciting, or conspiring to commit an act
							 that would constitute a violation of any of the offenses listed in Section
							 456.074(5),
							 F.S. or similar offense in another jurisdiction.
(Section
							 456.072(1)(ss),
							 F.S.)
(eee) Revocation and administrative fine of $1,
							 000.00 to $5, 000.00, or denial of licensure.
(eee) Revocation and administrative fine of $5,
							 000.00 to $10, 000.00, or denial of licensure.
(eee) Revocation, or denial of registration.
(eee) Revocation, or denial of registration.
(3)
				Aggravating and Mitigating Circumstances. Based upon consideration of
				aggravating and mitigating factors present in an individual case, the Board may
				deviate from the penalties recommended above. The Board shall consider as
				aggravating or mitigating factors the following:
(a) Exposure of patients or public to injury
				or potential injury, physical or otherwise; none, slight, severe, or
				death;
(b) Legal status at the time
				of the offense; no restraints, or legal constraints;
(c) The number of counts or separate offenses
				established;
(d) The number of
				times the same offense or offenses have previously been committed by the
				licensee or applicant;
(e) The
				disciplinary history of the applicant or licensee in any jurisdiction and the
				length of practice;
(f) Pecuniary
				benefit or self-gain inuring to the applicant or licensee;
(g) Any other relevant mitigating
				factors.