Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.003 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds any person has committed any of the acts set forth in Section 456.072(1)
				or Chapter 468, Part X, F.S., it shall issue a final order imposing appropriate
				penalties as recommended in the following disciplinary guidelines. The language
				identifying offenses below is descriptive only. The full language of each
				statutory provision cited must be consulted to determine the conduct included.
RECOMMENDED RANGE OF PENALTY
VIOLATION
FLORIDA LICENSES
TELEHEALTH REGISTRANTS
FIRST OFFENSE
ADDITIONAL OFFENSE
FIRST OFFENSE
ADDITIONAL OFFENSE
(a) Violating any provision of Chapter 468, Part X,
							 F.S., any board or department rule adopted pursuant thereto, or any lawful
							 order of the board or department previously entered in a disciplinary hearing
							 held pursuant to Chapter 468, Part X, F.S., or failing to comply with a
							 lawfully issued subpoena of the department.
(Sections
							 468.518(1)(a),
							 (n),
							 456.072(1)(b), (dd), (k),
							 (q), F.S.)
$150 fine and /or continuing education to probation
							 and /or $1, 000 fine.
Probation and /or $200 fine to Revocation and $1, 000
							 fine.
Suspension
and corrective action plan to Revocation.
Revocation.
(b) Being unable to engage in dietetics and nutrition
							 practice or nutrition counseling with reasonable skill and safety to patients
							 by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any
							 other type of material or as a result of any mental or physical condition.
							 (Sections 468.518(1)(b),
							 456.072(1)(z),
							 F.S.)
Suspension until such time as the licensee can
							 provide proof of reasonable skill and safety.
Suspension until such time as the licensee can
							 provide proof of reasonable skill and safety.
Suspension and corrective action plan to
							 revocation.
Revocation.
(c) Attempting to procure or procuring a license to
							 practice dietetics and nutrition or nutrition counseling by fraud, material
							 misrepresentation of material fact, or by error of the department or the
							 board.
(Sections
							 468.518(1)(c),
							 456.072(1)(h),
							 F.S.)
1. By error to the department or the board.
Revocation.
Revocation.
Revocation.
Revocation.
2. By fraud, or material misrepresentation of
							 material fact.
$10, 000 fine, and revocation.
$10, 000 fine, and revocation.
Revocation.
Revocation.
(d) Having a license to practice dietetics and
							 nutrition or nutrition counseling revoked, suspended, or otherwise acted
							 against, including the denial of licensure by the licensing authority of
							 another state, district, territory, or country. (Sections
							 468.518(1)(d),
							 456.072(1)(f),
							 F.S.)
Reprimand, laws and rules continuing education to $1,
							 000 fine, and suspension of license until unencumbered in other jurisdiction,
							 laws and rules continuing education.
$1, 000 fine, suspension and/or probation to
							 revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(e) Being convicted or found guilty of, or entering a
							 plea of nolo contendere to, regardless of adjudication, a crime in any
							 jurisdiction which directly relates to the practice of dietetics and nutrition
							 or nutrition counseling or the ability to practice dietetics and nutrition or
							 nutrition counseling.
(Sections
							 468.518(1)(e),
							 456.072(1)(c),
							 F.S.)
$1, 000 fine and probation to revocation and $1, 000
							 fine.
$1, 000 fine, and probation to revocation and $1, 000
							 fine.
Suspension and corrective action plan to
							 revocation.
Suspension and corrective action plan to
							 revocation.
(f) Making or filing a report or record that the
							 licensee knows to be false, willfully failing to file a report or record
							 required by state or federal law, willfully impeding or obstructing such
							 filing, or inducing another person to impede or obstruct such filing.
(Sections
							 468.518(1)(f),
							 456.072(1)(g),
							 F.S.)
Letter of concern and/or $300 fine to probation and
							 $1, 500 fine.
One year probation and/or $1, 500 fine to revocation
							 and $10, 000 fine.
Letter of concern to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(g) Advertising goods or services in a manner that is
							 fraudulent, false, deceptive, or misleading in form or content, or employing a
							 trick of scheme related to the profession.
(Sections
							 468.518(1)(g),
							 456.072(1)(a),
							 (m), F.S.)
1. If misleading or deceptive.
Letter of concern and $300 fine to suspension and $1,
							 500 fine.
Suspension and $2, 500 fine to revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
2. If fraudulent representation found.
$10, 000 fine to $10, 000 fine and revocation.
$10, 000 fine and probation to $10, 000 fine and
							 revocation.
Suspension and corrective action plan to
							 revocation.
Revocation.
(h) Committing an act of fraud or deceit, or of
							 negligence, incompetency, or misconduct in the practice of dietetics and
							 nutrition or nutrition counseling.
(Section
							 468.518(1)(h),
							 F.S.)
1. If negligence, incompetency or misconduct.
Letter of concern and $300 fine to suspension and $1,
							 500 fine.
Suspension and $2, 500 fine to revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
2. If by fraud or deceit.
$10, 000 fine to $10, 000 fine and revocation.
$10, 000 fine and probation to $10, 000 fine and
							 revocation.
Suspension and corrective action plan to
							 revocation
Revocation.
(i) Practicing with a revoked, suspended, inactive,
							 or delinquent license.
(Section
							 468.518(1)(i),
							 F.S.)
$250 fine and continuing education to $1, 000 fine
							 and continuing education.
Probation, $2, 500 fine to revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(j) Treating or undertaking to treat human ailments
							 by means other than by dietetics and nutrition practice or nutrition
							 counseling.
(Section
							 468.518(1)(j),
							 456.072(1)(o),
							 F.S.)
$250 fine and probation to $1, 000 fine and probation
							 and/or suspension.
$400 fine and probation to $2, 500 fine and probation
							 and/or suspension.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(k) Failing to maintain acceptable standards of
							 practice as set forth by the board and the council in rules adopted pursuant to
							 this part.
(Section
							 486.518(1)(k),
							 F.S.)
$100 fine and probation to $1, 000 fine and
							 probation.
$350 fine and suspension to revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(l) Engaging directly or indirectly in the dividing,
							 transferring, assigning, rebating, or refunding of fees received for
							 professional services, or profiting by means of a credit or other valuable
							 consideration, such as an unearned commission, discount, or gratuity, with any
							 person referring a patient or with any relative or business associate of the
							 referring person.
(Section
							 468.518(1)(l),
							 F.S.)
$1, 000 fine and probation to $2, 500 fine and
							 suspension.
$3, 500 fine and suspension to revocation.
Suspension and corrective action plan.
Suspension and corrective action plan to
							 revocation.
(m) Advertising, by or on behalf of a licensee under
							 this part, any method of assessment or treatment which is experimental or
							 without generally accepted scientific validation.
(Section
							 468.518(1)(m),
							 F.S.)
$500 fine and/or suspension to $1, 000 fine and
							 revocation.
$2, 000 fine and suspension to $2, 500 fine and
							 revocation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(n) Failing to comply with the educational course
							 requirements for human immunodeficiency virus and acquired immune deficiency
							 syndrome, required by Section
							 456.003, F.S. or failing to
							 comply with the educational course requirements for human trafficking as
							 required by Section 456.0341, F.S.
(Section
							 456.072(1)(e),
							 F.S.)
Reprimand, $100 fine and proof of completion of CE to
							 $500 fine and probation.
$1, 000 fine and probation to $2, 000 fine and
							 probation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(o) Failure to keep written medical records.
(Rule
							 64B8-44.004, F.A.C.)
Reprimand and $100 fine to $500 fine and
							 probation.
$500 fine and probation to $2, 000 fine and
							 suspension.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(p) Except as provided in Section
							 465.016, F.S., failing to report
							 to the department any person who the licensee knows is in violation of Chapter
							 456, and Chapter 468, Part X, F.S., or the rules of the department or the
							 board.
(Section
							 456.072(1)(i),
							 F.S.)
Letter of concern to $1, 000 fine and
							 reprimand.
Reprimand, and $1, 000 fine to $1, 000 fine and
							 suspension.
Letter of concern to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(q) Exercising influence on the patient or client for
							 the purpose of financial gain of the licensee or a third party.
(Section
							 456.072(1)(n),
							 F.S.)
Probation and continuing education to
							 revocation.
Revocation.
Suspension and corrective action plan.
Revocation.
(r) Delegating or contracting for the performance of
							 professional responsibilities by a person when the licensee delegating or
							 contracting for performance of the responsibilities knows, or has reason to
							 know, the person is not qualified by training, experience, and authorization
							 when required to perform them.
(Section
							 456.072(1)(p),
							 F.S.)
Letter of Concern to $500 fine, probation and
							 continuing education.
Suspension and $1, 500 fine to revocation and $1, 500
							 fine.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(s) Improperly interfering with an investigation or
							 inspection authorized by statute, or with any disciplinary proceeding.
(Section
							 456.072(1)(r),
							 F.S.)
Reprimand and $250 fine to $500 fine and continuing
							 education.
$500 fine, probation and continuing education to $2,
							 000 fine and suspension.
Letter of concern to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(t) Failing to identify through written notice, which
							 may include the wearing of a name tag, or orally to a patient the type of
							 license under which the practitioner is practicing. Any advertisement for
							 health care services naming the practitioner must identify the type of license
							 the practitioner holds.
(Section
							 456.072(1)(t),
							 F.S.)
Letter of Concern to $100 fine.
$100 fine to $500 fine.
Letter of Concern to reprimand.
Reprimand.
(u) Failing to comply with the requirements of
							 Sections 381.026 and
							 381.0261, F.S., to provide
							 patients with information about their patient rights and how to file a patient
							 complaint.
(Section
							 456.072(1)(u),
							 F.S.)
Reprimand to $500 fine and reprimand and continuing
							 education.
$500 fine and reprimand and continuing education to
							 $1, 000 fine and probation.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(v) Engaging or attempting to engage in sexual
							 misconduct as defined and prohibited in Section
							 456.063, F.S.
(Section
							 456.072(1)(v),
							 F.S.)
$500 fine and probation to revocation.
Revocation.
Suspension and corrective action plan to
							 revocation.
Revocation.
(w) Failing to report to the board, or the department
							 if there is no board, in writing within 30 days after the licensee has been
							 convicted or found guilty of, or entered a plea of nolo contendere to,
							 regardless of adjudication, a crime in any jurisdiction.
(Section
							 456.072(1)(x),
							 F.S.)
Reprimand and $100 fine and continuing education to
							 reprimand to $500 fine and continuing education.
Reprimand and $500 fine $1, 000 fine and
							 suspension.
Reprimand top suspension and corrective action
							 plan.
Suspension and corrective action plan.
(x) Using information about people involved in motor
							 vehicle accidents which has been derived from accident reports made by law
							 enforcement officers or persons involved in accidents under Section
							 316.066, F.S., or using
							 information published in a newspaper or other news publication or through a
							 radio or television broadcast that has used information gained from such
							 reports, for the purposes of commercial or any other solicitation whatsoever of
							 the people involved in the accidents.
(Section
							 456.072(1)(v),
							 F.S.)
Letter of Concern to $500 fine and reprimand.
$500 fine and reprimand to suspension.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan.
(y) Testing positive for any drug, as defined in
							 Section 112.0455, F.S., on any confirmed
							 preemployment or employer-ordered drug screening when the practitioner does not
							 have a lawful prescription and legitimate medical reason for using the
							 drug.
(Section
							 456.072(1)(aa),
							 F.S.)
Suspension until evaluation by a licensed health care
							 practitioner qualified by skill and training to address respondent's condition,
							 compliance with all recommendation.
Suspension until evaluation by a licensed health care
							 practitioner qualified by skill and training to address respondent's condition,
							 compliance with all recommendations to revocation.
Suspension and corrective action plan.
Suspension and corrective action plan to
							 revocation.
(z) With respect to making a personal injury
							 protection claim as required by Section
							 627.736, F.S., intentionally
							 submitting a claim, statement, or bill that has been "upcoded" as defined in
							 Section 627.732, F.S.
(Section
							 456.072(1)(ee),
							 F.S.)
$1, 000 fine and probation to $2, 500 fine and
							 probation.
$5, 000 fine and probation to revocation.
Suspension and corrective action plan.
Suspension and corrective action plan
							 revocation.
(aa) With respect to making a personal injury
							 protection claim as required by Section
							 627.736, F.S., intentionally
							 submitting a claim, statement, or bill for payment of services that were not
							 rendered.
(Section
							 456.072(1)(ff),
							 F.S.)
Reprimand and $1, 000 fine to $2, 500 fine and
							 probation.
$5, 000 fine and suspension to revocation.
Suspension and corrective action plan.
Suspension and corrective action plan to
							 revocation.
(bb) Being terminated from an impaired practitioner
							 program that is overseen by a consultant as described in Section
							 456.076, F.S., for failure to
							 comply, without good cause, with the terms of the monitoring or participant
							 contract entered into by the licensee, or for not successfully completing any
							 drug treatment or alcohol treatment program.
(Section
							 456.072(1)(hh),
							 F.S.)
Suspension until such time as licensee is
re-admitted into a treatment or monitoring program to
							 revocation.
Suspension until such time as licensee successfully
							 completes a treatment or monitoring program to revocation.
Revocation.
N/A
(cc) 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.)
Revocation and $10, 000 fine.
Revocation.
Revocation.
(dd) 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.)
$1, 000 fine and probation to $2, 500 fine and
							 probation.
$2, 500 fine and probation to $5, 000 fine and
							 probation.
Suspension and corrective action plan.
Suspension and corrective action plan.
(ee) 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.)
$10, 000 fine and revocation.
Revocation.
(ff) 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.)
$10, 000 fine and revocation.
Revocation.
(gg) Except as otherwise authorized, failure to
							 comply with the parential consent requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
Reprimand and $1, 000 fine to one year probation and
							 $5, 000 fine.
One year probation and a $5, 000 fine to
							 revocation.
Suspension and corrective action plan.
Suspension and corrective action plan to
							 revocation.
(hh) Being convicted or found guilty of, entering a
							 plea of guilty or nolo contendere to, regardless of adjudication, 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 a similar offense in another jurisdiction.
Revocation.
N/A
Revocation.
N/A
(2)
				All guidelines allow for the imposition of continuing education without a
				finding of aggravating factor regardless of the penalty stated.
(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 below.
				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 efforts at rehabilitation, attempts
				by the licensee to correct or to stop violations, or refusal by the licensee to
				correct or to stop violations.