Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B4 - Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling › Chapter 64B4-5 - DISCIPLINE › Section 64B4-5.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds an applicant, licensee, registered intern, provisional licensee, or
				certificate holder whom it regulates under Chapter 491, F.S., or a telehealth
				provider registered under section
				456.47(4),
				F.S., has committed any of the acts set forth in Section
				456.072(1) or
				491.009(1),
				F.S., it shall issue a final order imposing appropriate penalties as
				recommended in the following disciplinary guidelines.
(a) Attempting to obtain, obtaining, or
				renewing a license under Chapter 491, F.S., by bribery or fraudulent
				misrepresentation or through an error of the Board or the Department.
(Sections
				  456.072(1)(h)
				  and 491.009(1)(a),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 500.00 fine and one (1) year suspension
THIRD AND SUBSEQUENT OFFENSES:
$2, 500.00 fine, or one (1) year suspension then
							 probation
$2, 500.00 fine and permanent revocation
FRAUD First Offense
$10, 000.00 fine
$10, 000.00 fine and probation
FRAUD Second Offense
$10, 000.00 fine and probation
$10, 000.00 fine and one (1) year suspension then
							 probation
FRAUD Third and Subsequent
Offenses
$10, 000.00 fine and one (1) year suspension then
							 probation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS:
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action
Plan
Revocation
THIRD AND SUBSEQUENT
OFFENSES
One (1) year suspension followed
by a corrective action plan
Revocation
(b)
				Having a license or certificate to practice a comparable profession or any
				regulated profession revoked, suspended, or otherwise acted against, including
				the denial of certification or licensure by another state, territory, or
				country.
(Sections
				  456.072(1)(f)
				  and 491.009(1)(b),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine, one (1) year, suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS:
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action Plan
Revocation
THIRD AND SUBSEQUENT
OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(c)
				Being convicted or found guilty, regardless of adjudication, or having entered
				a plea of nolo contendere to, a crime in any jurisdiction which directly
				relates to the practice of the licensee's profession or the licensee's ability
				to practice that profession.
(Sections
				  456.072(1)(c)
				  and 491.009(1)(c),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT
OFFENSES:
$2, 500.00 fine, two (2) years suspension then
							 probation
$2, 500.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Suspension and a corrective action plan
Revocation
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT
OFFENSES
Two (2) years suspension followed by a corrective
							 action plan
Revocation
(d)
				False, deceptive, or misleading advertising or obtaining a fee or other thing
				of value on the representation that beneficial results from any treatment will
				be guaranteed.
(Section
				  491.009(1)(d),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$500.00 fine
$1, 000.00 fine and probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine
$1, 000.00 fine and one (1) year suspension then
							 probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
One (1) year suspension
SECOND AND SUBSEQUENT
OFFENSES
Reprimand
Revocation
(e)
				Advertising, practicing, or attempting to practice under a name other than
				one's own.
(Section
				  491.009(1)(e),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$500.00 fine
$1, 000.00 fine and probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine
$1, 000.00 fine and one (1) year suspension then
							 probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
One (1) year suspension
SECOND AND SUBSEQUENT
OFFENSES
Reprimand
Revocation
(f)
				Maintaining a professional association with any person whom the applicant or
				licensee knows, or has reason to believe, is in violation of Chapter 491, F.S.,
				or of a rule of the Department or this Board.
(Section
				  491.009(1)(f),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$500.00 fine
$1, 000.00 fine and probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine
$1, 000.00 fine and one (1) year suspension then
							 probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND AND SUBSEQUENT
OFFENSES
Suspension and a corrective action plan
Revocation
(g)
				Knowingly aiding, assisting, procuring, or advising a non-licensed person to
				hold oneself out as licensed under Chapter 491, F.S.
(Sections
				  456.072(1)(j)
				  and 491.009(1)(g),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation; permanent revocation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT
OFFENSES:
$2, 000.00 fine and one (1) year suspension then
							 probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND AND SUBSEQUENT
OFFENSES
Suspension and a corrective action plan
Revocation
(h)
				Failing to perform any statutory or legal obligation placed upon a person
				licensed under Chapter 491, F.S.
(Sections
				  456.072(1)(k)
				  and 491.009(1)(h),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
Reprimand
$1, 000.00 fine and one (1) year probation
SECOND OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine and probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND AND SUBSEQUENT
OFFENSES
Suspension and a corrective action plan
Revocation
(i)
				Willfully making or filing a false report or record; failing to file a report
				or record required by state or federal law; willfully impeding or obstructing
				the filing of a report or record; or inducing another person to make or file a
				false report or record or to impede or obstruct the filing of a report or
				record.
(Sections
				  456.072(1)(l)
				  and 491.009(1)(i),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine permanent revocation
THIRD AND SUBSEQUENT
OFFENSES:
$2, 000.00 fine and one (1) year suspension followed
							 by probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND AND SUBSEQUENT
OFFENSES
Suspension and a corrective action plan
Revocation
(j)
				Paying or receiving a kickback, rebate, bonus, or other remuneration for
				receiving a patient or client or referring a patient or client to another
				provider of mental health care services or to a provider of health care
				services or goods; referring a patient or client to oneself for services on a
				fee-paid basis when those services are already being paid for by some other
				public or private entity; or entering into a reciprocal referral agreement.
(Section
				  491.009(1)(j),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND AND SUBSEQUENT
OFFENSES
Suspension and a corrective action plan
Revocation
(k)
				Committing any act upon a patient or client, which would constitute sexual
				battery or which would constitute sexual misconduct.
(Sections
				  456.072(1)(v)
				  and 491.009(1)(k),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and revocation
SECOND OFFENSE:
$1, 000.00 fine and two (2) years suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT
OFFENSES:
$5, 000.00 fine, two (2) years suspension then
							 probation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT
OFFENSES
One (1) year suspension followed by a
corrective action plan
Revocation
(l)
				Making misleading, deceptive, untrue, or fraudulent misrepresentations in the
				practice of any profession licensed under Chapter 491, F.S., or employing a
				trick or scheme in or related to the practice of a profession.
(Sections
				  456.072(1)(m)
				  and 491.009(1)(l),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$500.00 fine
$1, 000.00 fine and probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 000.00 fine
$1, 000.00 fine and one (1) year suspension followed
							 by probation
FRAUD First Offense
$10, 000.00 fine and probation
$10, 000.00 fine and/or reprimand; probation;
							 suspension then probation; permanent revocation
FRAUD Second Offense
$10, 000.00 fine and one (1) year suspension then
							 probation
$10.000.00 fine and permanent revocation
FRAUD Third and Subsequent Offenses
$10, 000.00 fine and permanent revocation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND OFFENSE
Reprimand
Suspension and a corrective action plan
THIRD AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan
Revocation
(m)
				Soliciting patients or clients personally, or through an agent, through the use
				of fraud, intimidation, undue influence, or a form of overreaching or vexatious
				conduct.
(Section
				  491.009(1)(m),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and reprimand
$1, 500.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT
OFFENSES:
$1, 500.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and/or permanent revocation
FRAUD First Offense
$10, 000.00 fine and reprimand
$10, 000.00 fine and six (6) months suspension then
							 probation
FRAUD Second Offense
$10, 000.00 fine and reprimand
$10, 000.00 fine and one (1) year suspension then
							 probation
FRAUD Third and Subsequent Offenses
$10, 000.00 fine and one (1) year suspension then
							 probation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SECOND OFFENSES
Reprimand
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(n)
				Failing to make available to a patient or client, upon written request, copies
				of tests, reports, or documents in the possession or under the control of the
				licensee which have been prepared for and paid for by the patient or client.
(Section
				  491.009(1)(n),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT
OFFENSES:
$2, 500.00 fine, one (1) year suspension then
							 probation
$2, 500.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(o)
				Failing to respond within thirty (30) days to a written communication from the
				Department or the Board concerning any investigation by the Department or the
				Board, or failing to make available any relevant records with respect to the
				investigation about the licensee's conduct or background.
(Section
				  491.009(1)(o),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(p)
				Being unable to practice the profession for which one is licensed under Chapter
				491, F.S., with reasonable skill and competence as a result of any mental or
				physical condition or by reason of illness; drunkenness; or excessive use of
				drugs, narcotics, chemicals, or any other substance.
(Sections
				  456.072(1)(z)
				  and 491.009(1)(p),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and suspension until the licensee is
							 able to appear before the Board and demonstrate that he or she is able to
							 practice with reasonable skill and competence, then probation
SECOND OFFENSE:
Suspension until the licensee is able to appear
							 before the Board and demonstrate that his or her ability to practice with
							 reasonable skill and competence, then probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
Suspension until the licensee is able to appear
							 before the Board and demonstrate his or her ability to practice with reasonable
							 skill and competence, then probation
$2, 500.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan which
							 includes, the Registrant appearing before the Board and demonstrating their
							 ability to practice with reasonable skill and safety
Revocation
(q)
				Violating provisions of Chapter 491 or 456, F.S., or any rule adopted pursuant
				thereto.
(Sections
				  456.072(1)(dd)
				  and 491.009(1)(w),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine and reprimand
$1, 000.00 fine and one (1) year suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year probation
$5, 000.00 fine and two (2) years suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$5, 000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan
Revocation
(r)
				Performing any treatment or prescribing any therapy which, by the prevailing
				standards of the mental health professions in the community would constitute
				experimentation on human subjects, without first obtaining full, informed, and
				written consent.
(Section
				  491.009(1)(q),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(s)
				Failing to meet the minimum standards of performance in professional activities
				when measured against generally prevailing peer performance, including the
				undertaking of activities for which the licensee is not qualified by training
				or experience.
(Section
				  491.009(1)(r),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine and reprimand
$500.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(t)
				Delegating professional responsibilities to a person whom the licensee knows or
				has reason to know is not qualified by training or experience to perform such
				responsibilities.
(Sections
				  456.072(1)(p)
				  and 491.009(1)(s),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and one (1) year suspension then
							 probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(u)
				Violating a rule relating to the regulation of the profession or a lawful order
				of the Department or the Board previously entered in a disciplinary hearing.
(Section
				  491.009(1)(t),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and two (2) years suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$2, 000.00 fine and two (2) years suspension then
							 probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
One (1) year suspension followed by a corrective
							 action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
Two (2) years suspension followed by a corrective
							 action plan
Revocation
(v)
				Failure of a licensee to maintain in confidence any communication made by a
				patient or client in the context of services, except by written permission or
				in the face of clear and immediate probability of bodily harm to the patient or
				client or to others.
(Section
				  491.009(1)(u),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(w)
				Making public statements which are derived from test data, client contacts, or
				behavioral research and which identify or damage research subjects or clients.
(Section
				  491.009(1)(v),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$2, 000.00 fine 1 year suspension then
							 probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(x)
				Having been found liable in a civil proceeding for knowingly filing a false
				report or complaint with the department or the agency against another licensee.
(Section
				  456.072(1)(g),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension followed
							 by probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(y)
				Except as provided in Section
				465.016, F.S., failing to report
				to the department any person whom the licensee knows is in violation of Chapter
				456, Part II, Chapter 491, F.S., or the rules of the Department or the Board.
(Section
				  456.072(1)(i),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$500.00 fine
$1, 000.00 fine and probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine
$1, 000.00 fine and one (1) year suspension then
							 probation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of concern
Reprimand
SECOND OFFENSE
Reprimand
Suspension and a corrective action plan
THIRD AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan
Revocation
(z)
				Exercising influence on the client for the purpose of financial gain of the
				licensee or a third party.
(Section
				  456.072(1)(n),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension by
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$2, 000.00 fine, two (2) years suspension then
							 probation
$2, 000.00 fine and/or permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Suspension and a corrective action plan
Revocation
SECOND OFFENSE
One (1) year suspension followed by a corrective
							 action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
Two (2) years suspension followed by a corrective
							 action plan
Revocation
(aa)
				Improperly interfering with an investigation or inspection authorized by
				statute, or with any disciplinary proceeding.
(Section
				  456.072(1)(r),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$2, 000.00 fine, two (2) years suspension then
							 probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Six (6) months suspension followed by a corrective
							 action plan
SECOND AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
Two (2) years suspension followed by a corrective
							 action plan
Revocation
(bb)
				Intentionally violating any rule adopted by the Board or the department, as
				appropriate.
(Section
				  456.072(1)(b),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$2, 000.00 fine, two (2) years suspension then
							 probation
$2, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
One (1) year suspension followed by a corrective
							 action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
Two (2) years suspension followed by a corrective
							 action plan
Revocation
(cc)
				Practicing or offering to practice beyond the scope permitted by law or
				accepting and performing professional responsibilities the licensee knows, or
				has reason to know, the licensee is not competent to perform.
(Section
				  456.072(1)(o),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and revocation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Suspension and a corrective action plan
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(dd)
				Violating a lawful order of the department or the board, or failing to comply
				with a lawfully issued subpoena of the department.
(Section
				  456.072(1)(q),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(ee)
				Failing to comply with the requirements for profiling and credentialing,
				including, but not limited to, failing to provide initial information, failing
				to timely provide updated information, or making misleading, untrue, deceptive,
				or fraudulent representations on a profile, credentialing, or initial or
				renewal licensure application.
(Section
				  456.072(1)(w),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and probation
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and three (3) months suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
FRAUD First Offense
$10, 000.00 fine and reprimand
$10, 000.00 fine and probation
FRAUD Second Offense
$10, 000.00 fine and probation
$10, 000.00 fine and three (3) months suspension then
							 probation
FRAUD Third and Subsequent Offenses
$10, 000.00 fine and one (1) year suspension then
							 probation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Revocation
SECOND OFFENSE
Suspension and a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(ff)
				Using information about people involved in motor vehicle accidents which has
				been derived from accident reports made by law enforcement officers for the
				solicitation of the people involved in the accidents.
(Section
				  456.072(1)(y),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
SECOND OFFENSE:
$1, 000.00 and reprimand
$1, 000.00 fine and one (1) year suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Reprimand
Six (6) months suspension followed by a corrective
							 action plan
SECOND OFFENSE
Reprimand
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(gg)
				Failing to report to the Board within 30 days after the licensee has been
				convicted or found guilty of, or entered a plea of nolo contendere to,
				regardless of adjudication, a crime in any jurisdiction.
(Section
				  456.072(1)(x),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine
$1, 000.00 fine and reprimand
SECOND OFFENSE:
$1, 000.00 fine and probation
$1, 000.00 fine and six (6) months suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND OFFENSE
Suspension and a corrective action plan
Six (6) months suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(hh)
				Testing positive for any drug on any confirmed preemployment or
				employer-ordered drug screening.
(Section
				  456.072(1)(aa),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$500.00 fine and probation
$750.00 fine and substance abuse evaluation,
							 suspension then probation
SECOND OFFENSE:
$750.00 fine one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine, two (2) years suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Suspension and a corrective action plan which
							 includes, at a minimum, a substance abuse evaluation
One (1) year suspension followed by a corrective
							 action plan which includes, at a minimum, a substance abuse evaluation
SECOND OFFENSE
Suspension and a corrective action plan which
							 includes, at a minimum, a substance abuse evaluation
Revocation
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(ii)
				Failing to inform the department of any change of address of either the place
				of practice or current mailing address of any applicant or licensee.
(Section
				  456.035, F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine
$500.00 fine and reprimand
SECOND OFFENSE:
$1, 000.00 fine and reprimand
$1, 000.00 fine and six (6) months suspension then
							 probation
THIRD AND SUBSEQUENT OFFENSES:
$1, 000.00 fine and one (1) year suspension then
							 probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND OFFENSE
Reprimand
Six (6) months suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(jj)
				Being terminated from a treatment program for impaired practitioners, which is
				overseen by an impaired practitioner consultant as described in Section
				456.076, F.S., for failure to
				comply, without good cause, with the terms of the monitoring or treatment
				contract entered into by the licensee, or for not successfully completing any
				drug treatment or alcohol treatment program.
(Section
				  456.072(1)(hh),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST AND SUBSEQUENT OFFENSES:
Suspension until compliant with contract
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST AND SUBSEQUENT OFFENSES
Suspension and a corrective action plan that
							 requires, at a minimum, compliance with the treatment contract
Revocation
(kk)
				Being convicted of, or entering a plea of guilty or nolo contendre 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.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$10, 000.00 fine, permanent revocation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Revocation
Revocation
(ll)
				Failing to remit the sum owed to the state for any overpayment from the
				Medicaid program pursuant to a final order, judgment, or stipulation or
				settlement.
(Section
				  456.072(1)(jj),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$500.00 fine and Letter of concern
$5, 000.00 fine and suspension
SECOND OFFENSE:
$10, 000.00 fine and reprimand
$10, 000.00 fine and permanent revocation
THIRD OFFENSE:
Permanent Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Suspension and a corrective action plan
SECOND OFFENSE
Reprimand
Revocation
THIRD OFFENSE
Revocation
(mm)
				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
				practicipate in the program from which the practitioner was terminated has been
				restored.
(Section
				  456.072(1)(kk),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$1, 000.00 fine, Letter of concern
$5, 000.00 fine and suspension
SECOND OFFENSE:
$10, 000.00 fine, reprimand
$10, 000.00 fine and permanent revocation
THIRD OFFENSE:
Permanent Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Suspension and a corrective action plan
SECOND OFFENSE
Reprimand
Revocation
THIRD OFFENSE
Revocation
(nn)
				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.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$10, 000.00 fine and permanent revocation
$10, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Revocation
(oo)
				Willfully failing to comply with Section
				627.64194 or
				641.513, F.S., with such
				frequency as to indicate a general business practice - regarding emergency
				services and insurance billing.
(Section
				  456.072(1)(oo),
				  F.S.)
MINIMUM
MAXIMUM
FIRST OFFENSE:
$250.00 fine, reprimand
$500.00 fine, reprimand
SECOND OFFENSE:
$500.00 fine and probation
$500.00 fine, suspension then probation
THIRD AND SUBSEQUENT OFFENSES:
$750.00 fine, suspension then probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND OFFENSE
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(pp)
				Providing information, including written documentation, indicating that a
				person has a disability or supporting a person's need for an emotional support
				animal without personal knowledge of the person's disability or
				disability-related need.
(Section
				  456.072(1)(pp),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
$250.00 fine, reprimand
$500.00 fine, reprimand
SECOND OFFENSE:
$500.00 fine and probation
$500.00 fine, suspension then probation
THIRD AND SUBSEQUENT OFFENSES:
$750.00 fine, suspension then probation
$1, 000.00 fine and permanent revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
Letter of Concern
Reprimand
SECOND OFFENSE
Suspension and a corrective action plan
One (1) year suspension followed by a corrective
							 action plan
THIRD AND SUBSEQUENT OFFENSES
One (1) year suspension followed by a corrective
							 action plan
Revocation
(qq)
				Being convicted or found guilty of, entering a plea of guilty or nolo
				contendere, regardless of adjudication, or committing or attempting,
				soliciting, or conspiring to commit an act that would constitute a violation of
				the offenses listed in Section
				456.074(5),
				F.S., or a similar offense in another jurisdiction.
(Section
				  456.072(1)(rr),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
Fine of $10, 000 and 1 year suspension
Revocation
SECOND OFFENSE:
Fine of $10, 000 and 2 year suspension
Revocation
THIRD AND SUBSEQUENT OFFENSES:
Fine of $10, 000 and 3 year suspension
Revocation
TELEHEALTH REGISTRANTS
FIRST OFFENSE
1 year suspension
Revocation
SECOND OFFENSE
2 year suspension
Revocation
THIRD AND SUBSEQUENT OFFENSES
3 year suspension
Revocation
(rr)
				Failure to comply with the parental consent requirements of Section
				1014.06, F.S.
(Section
				  456.072(1)(ss),
				  F.S.)
MINIMUM
MAXIMUM
LICENSEES, REGISTERED INTERNS, AND CERTIFICATE
							 HOLDERS
FIRST OFFENSE:
From a letter of concern to six months of
							 probation
Revocation and a fine not to exceed $5, 000.
SECOND OFFENSE:
From a reprimand to one year probation and a fine not
							 to exceed $2, 500
Revocation and a fine not to exceed $7, 500
THIRD AND SUBSEQUENT OFFENSES:
From one year of probation to suspension not to
							 exceed six months and a fine not to exceed $5, 000
Revocation and a fine not to exceed $10, 000
TELEHEALTH REGISTRANTS
FIRST OFFENSE
From a letter of concern to a reprimand
Revocation
SECOND OFFENSE
From a reprimand up to a suspension not to exceed 1
							 year with a corrective action plan
Revocation
THIRD AND SUBSEQUENT OFFENSES
A suspension not to exceed 2 years with a corrective
							 action plan
Revocation