Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-55 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-55.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 478.52(1),
				F.S., the Board provides within this rule disciplinary guidelines which shall
				be imposed upon applicants or licensees whom it regulates under Chapter 478,
				F.S., or a telehealth provider registered under Section
				456.47(4), F.S.
				The purpose of this rule is to notify applicants, licensees, and telehealth
				registrants 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 between including appropriate continuing
				education. The range, in ascending order of severity is letter of concern,
				reprimand, suspension, then revocation. The purposes of the imposition of
				discipline are to punish the applicants, licensees, or telehealth registrants
				for violations and to deter them from future violations; to offer opportunities
				for rehabilitation, when appropriate; and to deter other applicants, licensees,
				or telehealth registrants from violations.
(2) Violations and Range of Penalties. In
				imposing discipline upon applicants, licensees, and telehealth registrants 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 as provided in Section
				456.072(2),
				F.S., within the range corresponding to the violations set forth below. The
				identification of offenses are descriptive only; the full language of each
				statutory provision cited must be consulted in order to determine the conduct
				included.
RECOMMENDED RANGE OF
							 PENALTY
VIOLATION
APPLICANTS AND LICENSEES
TELEHEALTH REGISTRANTS
FIRST OFFENSE
ADDITIONAL OFFENSE
FIRST OFFENSE
ADDITIONAL OFFENSE
(a)Attempting to obtain a license by bribery, fraud,
							 misrepresentation, or through error of the department or the council. (Sections
							 456.072(1)(h),
							 478.52(1)(a),
							 F.S.)
Obtaining or renewing a license through error of the
							 department or council.
Obtaining or renewing a license by fraud.
Revocation.
Revocation.
Revocation.
n/a
Revocation and a $10, 000 fine.
Revocation and a $10, 000 fine.
Revocation.
n/a
(b) Action taken against license in any jurisdiction.
							 (Sections 456.072(1)(f)
							 and 478.52(1)(b),
							 F.S.)
Discipline comparable to the minimum first offense
							 which would be imposed if the substantive violation occurred in Florida to
							 discipline comparable to the maximum first offense which be imposed if the
							 substantive violation occurred in Florida.
Discipline comparable to the minimum second or
							 subsequent offense which would be imposed if a second or higher substantive
							 violation had occurred in Florida to Discipline comparable to the maximum
							 second or subsequent offense which would be imposed if a second or higher
							 substantive violation had occurred in Florida.
Discipline comparable to the minimum first offense
							 which would be imposed if the substantive violation occurred in Florida to
							 discipline comparable to the maximum first offense which be imposed if the
							 substantive violation occurred in Florida.
Discipline comparable to the minimum second or
							 subsequent offense which would be imposed if a second or higher substantive
							 violation had occurred in Florida to Discipline comparable to the maximum
							 second or subsequent offense which would be imposed if a second or higher
							 substantive violation had occurred in Florida.
(c) 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 electrology. (Sections
							 456.072(1)(c)
							 and 478.52(1)(c),
							 F.S.)
Reprimand and $250 fine to revocation and $5, 000
							 fine.
Probation and $350 fine to revocation and $5, 000
							 fine.
Reprimand to revocation.
Suspension and a corrective action plan to
							 revocation.
(d) Filing a false report or failing to file a report
							 as required (Sections
							 456.072(1)(g) and
							 (l), and
							 478.52(1)(d),
							 F.S.)
If fraud found
Reprimand and $500 fine probation and $5, 000
							 fine.
Probation and $1, 000 fine to revocation and $5, 000
							 fine.
Letter of concern to suspension to suspension and a
							 corrective action plan.
Suspension and a corrective action plan to
							 revocation.
Revocation and $10, 000 fine.
Revocation and $10, 000 fine.
Revocation
Revocation
(e) False, deceptive or misleading advertising.
							 (Sections 456.072(1)(m)
							 and 478.52(1)(e),
							 F.S.)
Letter of concern and $500 fine to suspension and $1,
							 000 fine.
Suspension and $1, 000 fine to suspension or and $2,
							 500 fine.
Reprimand to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(f) Unprofessional conduct, failure to conform to
							 acceptable standards. (Sections
							 478.52(1)(f),
							 and 456.072(3)(b),
							 F.S.)
Reprimand and $250 fine.to probation and $1, 000
							 fine.
Probation and $1, 000 fine to revocation and $5, 000
							 fine.
Letter of concern to suspension.
Suspension and a corrective action plan to
							 revocation.
(g) Possession, sale or distribution of illegal or
							 controlled substance. (Section
							 478.52(1)(g),
							 F.S.)
Probation and $1, 000 fine to revocation and $5, 000
							 fine.
Suspension and $2, 000 fine to revocation and $5, 000
							 fine.
Suspension to revocation.
Suspension and corrective action plan to
							 revocation.
(h) Willful failure to report any known violation of
							 Chapter 456 or 478, F.S. (Sections
							 456.072(1)(i)
							 and 478.52(1)(h),
							 F.S.)
Letter of Concern and $250 fine to probation and $1,
							 000 fine.
Probation and $350 fine to suspension and a $5, 000
							 fine.
Reprimand to suspension.
Suspension and a corrective action plan to
							 revocation.
(i) Repeated or willful violation of disciplinary
							 order.
(Section
							 456.072(1)(q),
							 and 478.52(1)(i),
							 F.S.)
Suspension until in compliance with prior order and
							 $500 fine to suspension and $2, 500 fine followed by probation.
Suspension until in compliance with prior order and
							 $1, 000 fine to revocation and $2, 500 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and a corrective action plan to
							 revocation.
(j) Delivery of electrolysis services without an
							 active license.
(Section
							 478.52(1)(j),
							 F.S.)
Reprimand and $250 fine to revocation and $5, 000
							 fine.
Probation and $350 fine to revocation and a $5, 000
							 fine.
Suspension and a corrective action plan to
							 revocation.
One (1) year suspension and a corrective action plan
							 to revocation.
(k) Employing or assisting an unlicensed person to
							 practice electrology. (Sections
							 456.072(1)(j),
							 and 478.52(1)(k),
							 F.S.)
Reprimand and $250 fine to probation and $1, 000
							 fine.
Probation and $1, 500 fine to suspension and a $5,
							 000 fine.
Suspension to suspension and a corrective action
							 plan.
suspension and a corrective action plan to
							 revocation.
(l) Failure to perform/comply with legal
							 obligation.
(Sections
							 456.072(1)(k)
							 and 478.52(1)(l),
							 F.S.)
Reprimand and $250 fine to probation and $1, 500
							 fine.
Probation and $1, 500 fine to suspension and a $5,
							 000 fine.
Reprimand to suspension and a corrective action
							 plan.
Suspension and a corrective action plan to
							 revocation.
(m) Accepting and performing responsibilities for
							 which licensee knows, or has reason to know, he or she is not competent to
							 perform.
(Sections
							 457.072(1)(o)
							 and 478.52(1)(m),
							 F.S.)
Probation and $500 fine to probation and $2, 500
							 fine.
Probation and $1, 000 fine to revocation and $5, 000
							 fine.
Suspension to suspension and a corrective action
							 plan.
Suspension and a corrective action plan to
							 revocation.
(n) Delegating professional responsibilities to
							 unqualified person.
(Sections
							 456.072(1)(p)
							 and 478.52(1)(n),
							 F.S.)
Probation and $250 fine to two (2) years suspension
							 or denial and $5, 000 fine.
Six (6) months suspension followed by probation and
							 $1, 000 fine to revocation and $5, 000 fine.
Suspension and corrective action plan to two (2)
							 years suspension.
Six (6) months suspension followed by a corrective
							 action plan to revocation.
(o) Malpractice.
(Section
							 478.52(1)(o),
							 F.S.)
Probation and $500 fine to suspension and $7, 500
							 fine.
Suspension followed by probation and $10000 fine to
							 revocation.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(p) Judicially determined mental incompetency.
							 (Section 478.52(1)(p),
							 F.S.)
Probation to indefinite suspension until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation.
Indefinite suspension until licensee is able to
							 demonstrate ability to practice with reasonable skill and safety followed by
							 probation to suspension for a minimum of five (5) years or until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation.
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.
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.
(q) Practicing under a name other than that of
							 licensee. (Section 478.52(1)(q),
							 F.S.)
Letter of concern and $250 fine to probation and $1,
							 000 fine.
Probation and $1, 000 fine to suspension and $5, 000
							 fine.
Letter of concern to suspension.
Suspension and corrective action plan to
							 revocation.
(r) Inability to practice with reasonable skill and
							 safety because of mental or physical condition or illness or use of alcohol or
							 controlled substances or any other substance which impairs one's ability to
							 practice.
(Sections
							 478.52(1)(r)
							 and 456.072(1)(z),
							 F.S.)
Probation to indefinite suspension until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation.
Indefinite suspension until licensee is able to
							 demonstrate ability to practice with reasonable skill and safety followed by
							 probation to suspension for a minimum of five (5) years or until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation.
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.
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.
(s) Disclosing identity of or information about a
							 patient. (Section 478.52(1)(s),
							 F.S.)
Probation and $250 fine to suspension and $1, 000
							 fine.
Suspension and $1, 000 fine to revocation and $5, 000
							 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(t) Practicing permanent hair removal except as
							 described in Section 478.42(5), F.S.
							 (Section 478.52(1)(t),
							 F.S.)
Probation and $250 fine to probation and $5, 000
							 fine.
Suspension followed by probation and $1, 000 fine to
							 revocation and a $5, 000 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(u) Operating an unlicensed facility.
(Section
							 478.52(1)(u),
							 F.S.)
Suspension until compliance and $250 fine to
							 suspension until compliance and $2, 500 fine.
Suspension until compliance and $500 fine to
							 suspension until compliance followed by probation and $2, 500 fine.
Suspension to suspension and corrective action
							 plan.
Suspension to suspension and corrective action plan
							 to revocation.
(v) Violating any provision of Sections 456, 478,
							 F.S. or any rule adopted pursuant thereto.
(Section
							 456.072(1)(b),
							 (dd), F.S.)
Letter of concern and $200 fine to probation and $1,
							 000 fine.
Probation and $500 fine to revocation and $7, 500
							 fine.
Letter of concer to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(w) Using a Class II or a Class IV laser device or
							 product, as defined by federal regulations, without having complied with the
							 rules adopted under Section
							 501.122(2),
							 F.S., governing the registration of the devices.
(Section
							 456.072(1)(d),
							 F.S.)
Probation and $1, 000 fine to suspension and $2, 500
							 fine.
Suspenstion and $3, 000 fine to revocation.
n/a
n/a
(x) Failing to comply with the education course
							 requirements for acquired immune deficiency syndrome and domestic
							 violence.
(Section
							 456.072(1)(e),
							 (s), F.S.)
If fraud found
Letter of concern and $250 fine to reprimand and $500
							 fine
Reprimand and $500 fine to suspension and $1, 000
							 fine.
n/a
n/a
Revocation and $10, 000 fine.
Revocation and $10, 000 fine.
Revocation.
Revocation.
(z) Exercising influence in the patient or client for
							 the purpose of financial gain or the licensee or a third party. (Section
							 456.072(1)(n),
							 F.S.)
Restitution and from probation and $1, 000 fine to
							 suspension and $2, 000 fine.
Restitution and from probation and $1, 000 fine to
							 suspension and $2, 000 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(aa) Failing to comply with the lawfully issued
							 subpoena of the department.
(Section
							 456.072(1)(q),
							 F.S.)
Reprimand and $1, 000 fine to probation and $2, 000
							 fine.
Probation and $2, 000 fine to suspension and $5, 000
							 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(bb) Improperly interfering with an investigation or
							 inspection authorized by statute, or with any disciplinary proceeding. (Section
							 456.072(1)(r),
							 F.S.)
Reprimand and $1, 000 fine to probation and $2, 000
							 fine.
Probation and $2, 000 fine to suspension and $5, 000
							 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(cc) Failing to identify to patient electrolysis
							 licensure (Section 456.072(1)(t),
							 F.S.)
Letter of concern and $250 fine to probation and $500
							 fine.
Probation and $500 fine to suspension and $1, 000
							 fine.
Reprimand to suspension.
Suspension to suspension and corrective action
							 plan.
(dd) Sexual Misconduct. (Sections
							 456.063,
							 456.072(1)(v),
							 F.S.)
Probation and $2, 500 fine to revocation and $7, 500
							 fine.
Suspension and $7, 500 fine to revocation and $10,
							 000 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(ee) Failing to report to the council in writing
							 within 30 days after the licensee has been convicted or found guilty of, or
							 entering a plea of nolo contendere to, regardless of adjudication, a crime in
							 any jurisdiction. (Section
							 456.072(1)(x),
							 F.S.)
Reprimand and $250 fine to probation and $1, 000
							 fine.
Probation and $1, 000 fine to suspension.
Reprimand to suspension.
Suspension to suspension and corrective action
							 plan.
(ff) Testing positive for any drug, as defined in s.
							 112.0455 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.)
Probation to indefinite suspension until licensee is
							 able to demonstrate ability to practice with reasonable skill and safety
							 followed by probation.
Indefinite suspension until licensee is able to
							 demonstrate ability to practice with reasonable skill and safety followed by
							 probation and a $500.00 fine to suspension for a minimum of five (5) years or
							 until licensee is able to demonstrate ability to practice with reasonable skill
							 and safety followed by probation and a $1, 500.00 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(gg) Performing or attempting to perform electrolysis
							 on the wrong patient, a wrong-site procedure, a wrong procedure, 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.)
Probation and $1, 000 fine to suspension and $2, 000
							 fine.
Suspension and $2, 000 fine to revocation and $5, 000
							 fine.
Suspension to suspension and corrective action
							 plan.
Suspension and corrective action plan to
							 revocation.
(hh) 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, the terms of the monitoring or participant contract
							 enter 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 licensee is able to demonstrates
							 compliance with all the terms of the monitioring contract and is able to
							 demonstrate to the Board the ability to practice with reasonable skill and
							 safety followed by a term of probation and a fine of $1, 000 to
							 revocation.
Suspension until licensee is able to demonstrates
							 compliance with all the terms of the monitioring contract and is able to
							 demonstrate to the Board the ability to practice with reasonable skill and
							 safety followed by a term of probation and a fine of $5, 000 to
							 revocation.
Suspension and corrective action plan to
							 revocation.
Suspension and corrective action plan to
							 revocation.
(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.)
Revocation and $10, 000 fine
Revocation and a $10, 000.00 fine.
Revocation.
Revocation.
(jj) Failure to comply with the parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
Letter of concern and $200 fine to probation and $1,
							 000 fine.
Probation and $2, 000 fine to Suspension and $5, 000
							 fine.
Letter of concern to suspension.
Suspension to Suspension and corrective action
							 plan.
(kk) 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 and 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.)
Revocation and administrative fine of $500.00 to $1,
							 000.00.
Revocation and administrative fine of $1, 000.00 to
							 $5, 000.00.
Revocation.
Revocation.
(ll) Failure to notify council of an adverse action
							 taken against license.
(Section 456.47(4)(i)1., F.S.)
n/a
n/a
Letter of concern to suspension and a corrective
							 action plan.
Suspension and corrective action plan to
							 revocation.
(3)
				Aggravating and Mitigating Circumstances. Based upon consideration of
				aggravating and mitigating factors present in an individual case, the Council
				may deviate from the penalties recommended above. The Council shall consider as
				aggravating or mitigating factors the following:
(a) Exposure of patient or public to injury
				or potential injury, physical, or otherwise: none, slight, severe, or
				death;
(b) Legal status of licensee
				at the time of the offense;
(c) The
				number of counts or separate offenses established;
(d) The disciplinary history of the applicant
				or licensee in any jurisdiction and the length of practice;
(e) Pecuniary benefit or self-gain inuring to
				the licensee.