Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B20 - Board of Speech-Language Pathology and Audiology › Chapter 64B20-7 - DISCIPLINE › Section 64B20-7.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				Pursuant to Section 456.079, F.S., the Board
				provides within this rule disciplinary guidelines which shall be imposed upon
				applicants or licensees whom it regulates under Chapter 468, Part I, F.S., or a
				telehealth provider registered under section
				456.47(4), F.S.
				The purpose of this rule is to notify applicants, registrants, and licensees of
				the ranges of penalties which will routinely be imposed unless the Board finds
				it necessary to deviate from the guidelines for the stated reasons given within
				this rule. The ranges of penalties provided below are based upon a single count
				violation of each provision listed; multiple counts of the violated provisions
				or a combination of the violations may result in a higher penalty than that for
				a single, isolated violation. Each range includes the lowest and highest
				penalty and all penalties falling between. The purposes of the imposition of
				discipline are to punish the applicants, registrants, or licensees for
				violations and to deter them from future violations; to offer opportunities for
				rehabilitation, when appropriate; and to deter other applicants, registrants,
				or licensees from violations.
(2)
				Violations and Range of Penalties. In imposing discipline upon applicants,
				registrants, 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 is descriptive only; the full language of each
				statutory provision cited must be consulted in order to determine the conduct
				included.
VIOLATIONS
RECOMMENDED PENALTIES
First Offense
Second Offense
Third or Subsequent Offenses
(a) Procuring or attempting to procure, or renew a
							 license by misrepresentation, bribery, fraud or through an error of the
							 Department or the Board.
(Section
							 468.1295(1)(a),
							 F.S.);
(Section
							 456.072(1)(h),
							 F.S.)
(a) From suspension to revocation or denial of
							 licensure and an administrative fine of $10,000.00.
If unintentional then suspension or revocation, or
							 granting licensure with probation to suspension or denial of licensure, and
							 administrative fine of up to $10,000.00.
(a) From suspension to revocation or denial of
							 licensure and an administrative fine of $10,000.00.
If unintentional then suspension, or revocation or
							 granting licensure with probation to suspension or denial of licensure, or
							 revocation and administrative fine of up to $10,000.00.
(a) Revocation, or denial of licensure, and an
							 administrative fine of $10,000.00.
If unintentional then suspension o revocation and
							 administrative fine of up to $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(b) Action taken against license by another
							 jurisdiction.
(Section
							 468.1295(1)(b),
							 F.S.);
(Section
							 456.072(1)(f),
							 F.S.)
(b) Imposition of discipline which would have been if
							 the substantive violation occurred in Florida and an administrative fine
							 ranging from $5,000.00 to $10,000.00 or for the applicant, from granting
							 licensure with probation or denial of licensure, and an administrative fine
							 ranging from $5,000.00 to $10,000.00.
(b) Imposition of discipline which would have been if
							 the substantive violation occurred in Florida and a $10,000.00 administrative
							 fine or for the applicant, from granting licensure with probation or denial of
							 licensure, and a $10,000.00 administrative fine.
(b) Revocation and a $10,000.00 administrative
							 fine.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(c) Guilty of a crime relating to the practice or the
							 ability to practice speech pathology or audiology.
(Section
							 468.1295(1)(c),
							 F.S.);
(Section
							 456.072(1)(c),
							 F.S.)
(c) From 6 months probation with conditions to
							 revocation and an administrative fine ranging from $1,000.00 to $5,000.00, or
							 denial of licensure.
(c) From 1 year suspension of the license to
							 revocation and an administrative fine ranging from $5,000.00 to $10,000.00, or
							 denial of licensure.
(c) Revocation.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(d) Filing a false report or failing to file a report
							 as required. Such reports or records shall include only those which the person
							 is required to make or file as a speech pathologist or audiologist.
(Section
							 468.1295(1)(d),
							 F.S.)
(Section
							 456.072(1)(l),
							 F.S.
(d) From a reprimand to a suspension of the license,
							 and an administrative fine of $10,000.00.
If unintentional then any of the above and
							 administrative fine of up to $10,000.00.
(d) From reprimand and suspension to revocation of
							 the license, and an administrative fine of $10,000.00.
If unintentional then any of the above and
							 administrative fine of up to $10,000.00.
(d) Revocation and an administrative fine of
							 $10,000.00.
If unintentional, from reprimand and suspension to
							 revocation, and an administrative fine up to $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(e) False, deceptive, or misleading
							 advertising.
(Section
							 468.1295(1)(e),
							 F.S.).
(Section
							 456.072(1)(m),
							 F.S.)
(e) From a letter of concern to 6 months suspension
							 of the license, and an administrative fine of $10,000.00.
If unintentional then any of the above and
							 administrative fine of up to $10,000.00.
(e) From 6 to 9 months suspension of the license, and
							 an administrative fine of $10,000.00.
If unintentional then any of the above and
							 administrative fine of up to $10,000.00.
(e) From 9 months suspension to revocation of the
							 license, and an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(f) Fraud or deceit, or negligence, incompetence, or
							 misconduct in the authorized practice of speech pathology or audiology.
(Section
							 468.1295(1)(f),
							 F.S.)
(f) From reprimand to probation of the license, and
							 an administrative fine of $10,000.00.
If conduct not fraudulent or deceitful then any of
							 the above and administrative fine of up to $10,000.00.
(f) From probation to suspension of the license, and
							 an administrative fine of $10,000.00.
If conduct not fraudulent or deceitful then any of
							 the above and administrative fine of up to $10,000.00.
(f) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(g)1. Violation of Chapter 468, Part I or Chapter
							 456, F.S., or any rules promulgated pursuant thereto, or a subpoena of the
							 Department.
(Section
							 468.1295(1)(bb),
							 F.S.);
(Section
							 456.072(1)(b),
							 F.S.)
(g)1. From reprimand to suspension of the license,
							 and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to
							 certify an application for licensure.
(g)1. From probation to revocation of the license,
							 and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(g)1. From suspension to revocation of the license,
							 and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
2. Violation of a lawful order of the Board or
							 Department.
(Section
							 468.1295(1)(g),
							 F.S.);
(Section
							 456.072(1)(q),
							 F.S.)
2. From a letter of concern to reprimand of the
							 license, and an administrative fine ranging from $1,000.00 to $5,000.00, or
							 refusal to certify an application for licensure.
2. From probation to suspension of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
2. From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(h) Practicing with a revoked, suspended, inactive or
							 delinquent license.
(Section
							 468.1295(1)(h),
							 F.S.)
(h) From reprimand to probation of the license, and
							 an administrative fine ranging from $250.00 to $1,000.00, or refusal to certify
							 an application for licensure.
(h) From probation to suspension of the license, and
							 an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to
							 certify an application for licensure.
(h) From suspension to revocation, and an
							 administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify
							 an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(i) Using, promoting any testimonial, promotional
							 literature, any advertising matter, warranty, label, brand however disseminated
							 or published which is misleading, deceiving or untruthful.
(Section
							 468.1295(1)(i),
							 F.S.)
(i) From reprimand to suspension of the license, and
							 an administrative fine of $10,000.00.
If not intentionally misleading then any of the above
							 and administrative fine of up to $10,000.00.
(i) From probation to suspension, and an
							 administrative fine of $10,000.00.
If not intentionally misleading then any of the above
							 and administrative fine of up to $10,000.00.
(i) From suspension to revocation, and an
							 administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(j) Showing or demonstrating or, in the event of
							 sale, delivery or a product unusable or impractical for the purpose represented
							 or implied by such action.
(Section
							 468.1295(1)(j),
							 F.S.)
(j) From reprimand to probation of the license, and
							 an administrative fine of $10,000.00.
If conduct is inadvertent or negligent then any of
							 the above and administrative fine of up to $10,000.00.
(j) From probation to suspension of the license, and
							 an administrative fine of $10,000.00.
If conduct is inadvertent or negligent then any of
							 the above and administrative fine of up to $10,000.00.
(j) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(k) Failing to submit to the Board certification of
							 testing and calibration of such equipment as designated by the Board.
(Section
							 468.1295(1)(k),
							 F.S.)
(k) From reprimand to suspension of the license, and
							 an administrative fine ranging from $500.00 to $750.00, or refusal to certify
							 an application for licensure.
(k) From probation to suspension, and an
							 administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an
							 application for licensure.
(k) From suspension to revocation of the license, and
							 an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify
							 an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(l) Aiding, assisting, procuring, or advising any
							 licensed person to practice speech-language pathology or audiology contrary to
							 this part or to a rule of the Department or the Board adopted thereto.
(Section
							 468.1295(1)(l),
							 F.S.)
(l) From a reprimand to probation of the license, and
							 an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to
							 certify an application for licensure.
(l) From probation to suspension of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(l) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(m) Misrepresentation of professional services
							 available in the fitting, sale, adjustment, service or repair of a prescription
							 hearing aid, or use of any other term or title connoting availability of
							 professional services when such use is not accurate.
(Section
							 468.1295(1)(m),
							 F.S.)
(m) From a letter of concern to probation of the
							 license, and an administrative fine of $10,000.00.
If misrepresentation or use of term is negligent or
							 inadvertent then any of the above and an administrative fine of up to
							 $10,000.00.
(m) From probation to suspension of the license, and
							 an administrative fine of $10,000.00.
If misrepresentation or use of term is negligent or
							 inadvertent then any of the above and an administrative fine of up to
							 $10,000.00.
(m) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(n) Representation, advertisement, or implication
							 that a prescription hearing aid or its repair is guaranteed without full
							 disclosure of the identity of the guarantor; the nature, extent, and duration
							 of the guarantee; and the existence of the conditions or limitations imposed
							 upon the guarantee.
(Section
							 468.1295(1)(n),
							 F.S.);
(n) From reprimand to probation of the license, and
							 an administrative fine of $10,000.00. If omission of the full disclosure is
							 unintentional, then reprimand to probation of the license, and an
							 administrative fine of up to $10,000.00.
(n) From probation to revocation of the license, and
							 an administrative fine of $10,000.00. If omission of the full disclosure is
							 unintentional then probation to revocation of the license and an administrative
							 fine of up to $10,000.00.
(n) From suspension to revocation, and an
							 administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(o) Representing, directly or by implication, that a
							 prescription hearing aid utilizing bone conduction has certain specified
							 features, such as absence of anything in the ear or leading to the ear, or the
							 like, without disclosing clearly or conspicuously that the instrument operates
							 on the bone conduction principle and that in many cases of hearing loss this
							 type of instrument may not be suitable.
(Section
							 468.1295(1)(o),
							 F.S.)
(o) From letter of concern to suspension of the
							 license, and an administrative fine of $10,000.00. If the violation is
							 unintentional then a letter of concern to suspension of the license and an
							 administrative fine of up to $10, 000.00.
(o) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00. If the violation is unintentional then
							 suspension to revocation of the license and an administrative fine of up to
							 $10,000.00.
(o) From suspension to revocation of the license,
							 without the ability to reapply, and an administrative fine of
							 $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(p) Stating or implying that the use of any
							 prescription hearing aid will improve or preserve hearing or prevent or retard
							 the progression of a hearing impairment or that it will have any similar or
							 opposite effect.
(Section
							 468.1295(1)(p),
							 F.S.)
(p) From reprimand to probation of the license, and
							 an administrative fine of $10,000.00. If the violation is unintentional, then
							 reprimand to probation of the license and an administrative fine of up to
							 $10,000.00.
(p) From probation to suspension of the license, and
							 an administrative fine of $10,000.00. If the violation is unintentional then
							 probation to revocation of the license and an administrative fine of up to
							 $10,000.00.
(p) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(q) Making any statement regarding the cure of the
							 cause of a prescription hearing impairment by the use of a hearing aid.
(Section
							 468.1295(1)(q),
							 F.S.)
(q) From reprimand to suspension of the license, and
							 an administrative fine ranging from $500.00 to $750.00, or refusal to certify
							 an application for licensure.
(q) From probation to revocation of the license, and
							 an administrative fine ranging from $750.00 to $900.00, or refusal to certify
							 an application for licensure.
(q) From suspension to revocation of the license, and
							 an administrative fine ranging from $900.00 to $1,000.00, or refusal to certify
							 an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(r) Representing or implying that hearing aid is or
							 will be "custom-made," "made to order," or "prescription made" or in any other
							 sense specially fabricated for an individual person, when such is not the
							 case.
(Section
							 468.1295(1)(r),
							 F.S.)
(r) From reprimand to probation of the license, and
							 an administrative fine of $10,000.00.
(r) From probation to suspension of the license, and
							 an administrative fine of $10,000.00.
(r) From suspension to revocation of the license, and
							 an administrative fine of $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(s) Canvassing from house to house or by telephone
							 either in person or by an agent for the purpose of selling a prescription
							 hearing aid, except that contacting persons who have evidenced an interest in
							 prescription hearing aids, or have been referred as in need of prescription
							 hearing aids, shall not be considered canvassing.
(Section
							 468.1295(1)(s),
							 F.S.)
(s) From reprimand to suspension of the license, and
							 an administrative fine ranging from $250.00 to $500.00, or refusal to certify
							 an application for licensure.
(s) From probation to revocation of the license, and
							 an administrative fine ranging from $500.00 to $750.00, or refusal to certify
							 an application for licensure.
(s) From suspension to revocation of the license, and
							 an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify
							 an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(t) Failing to notify the department in writing of a
							 change in current mailing and place-of-practice mailing address within thirty
							 (30) days after such change.
(Section
							 468.1295(1)(t),
							 F.S.)
(t) Letter of guidance to reprimand of the license
							 and an administrative fine of $250.00 to $500.00.
(t) Reprimand to probation of the license and an
							 administrative fine of $500.00 to $750.00.
(t) Reprimand to suspension of the license and an
							 administrative fine of $750.00 to $1,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(u) Failure to provide all information as described
							 in Sections 468.124 (1),
							 468.1225(5)(b)
							 and 468.1246, F.S.
(Section
							 468.1295(1)(u),
							 F.S.)
(u) From a letter of guidance to reprimand of the
							 license, and an administrative fine ranging from $2,500.00 to $5,000.00, or
							 refusal to certify an application for licensure.
(u) From reprimand to probation of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(u) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(v) Exercising influence on a client in such a manner
							 as to exploit the client for financial gain of the licensee or of a third
							 party.
(Section
							 468.1295(1)(v),
							 F.S.)
(v) Reprimand of the license, and an administrative
							 fine ranging from $500.00 to $3,000.00, or refusal to certify an application
							 for licensure.
(v) Probation of the license, and an administrative
							 fine ranging from $3,000.00 to $6,000.00, or refusal to certify an application
							 for licensure.
(v) Six month suspension, and an administrative fine
							 ranging from $6,000.00 to $10,000.00, or refusal to certify an application for
							 licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(w) Practicing or offering to practice beyond the
							 scope permitted by law or accepting and performing professional
							 responsibilities the licensee or certificateholder knows, or has reason to
							 know, the licensee or certificateholder is not competent to perform.
(Section
							 468.1295(1)(w),
							 F.S.);
(Section
							 456.072(1)(o),
							 F.S.)
(w) From reprimand to suspension of the license, and
							 an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to
							 certify an application for licensure.
(w) From probation to revocation of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(w) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(x) Aiding, assisting, procuring, or employing any
							 unlicensed person to practice speech-language pathology or audiology.
(Section
							 468.1295(1)(x),
							 F.S.); (Section 456.072(1)(j),
							 F.S.)
(x) From a reprimand to probation of the license, and
							 an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to
							 certify an application for licensure.
(x) From probation to suspension of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(x) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(y) Delegating or contracting for the performance of
							 professional responsibilities by a person when the licensee delegating or
							 contracting for performance of such responsibilities knows, or has reason to
							 know, such person is not qualified by training, experience and authorization to
							 perform them.
(Section
							 468.1295(1)(y),
							 F.S.)
(y) From a letter of concern to reprimand of the
							 license, and an administrative fine ranging from $2,500.00 to $5,000.00, or
							 refusal to certify an application for licensure.
(y) From reprimand to suspension of the license, and
							 an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to
							 certify an application for licensure.
(y) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(z) Committing any act upon a patient or client which
							 would constitute sexual battery or which would constitute sexual
							 misconduct.
(Section
							 468.1295(1)(z),
							 F.S.);
(Section
							 456.072(1)(v),
							 F.S.)
(z) Reprimand and six months suspension to probation
							 or revocation of the license, and an administrative fine ranging from $2,500.00
							 to $5,000.00, or refusal to certify an application for licensure.
(z) From probation and/or suspension to revocation of
							 the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or
							 refusal to certify an application for licensure.
(z) From suspension to revocation of the license, and
							 an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to
							 certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(aa) Impairment under section
							 456.076, F.S.
(Section
							 468.1295(1)(aa),
							 F.S.);
(Section
							 456.072(1)(z),
							 F.S.)
(aa) Referral to Physicians Recovery Network (PRN) up
							 to suspension until the licensee can demonstrate the ability to practice with
							 reasonable skill and safety or refusal to certify an application for
							 licensure.
(aa) Referral to PRN up to suspension until the
							 licensee can demonstrate the ability to practice with reasonable skill and
							 safety or refusal to certify an application for licensure.
(aa) Referral to PRN up to suspension until the
							 licensee can demonstrate the ability to practice with reasonable skill and
							 safety or refusal to certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(bb) Failing to comply with, failing to successfully
							 complete, or being terminated from an impaired practitioner treatment
							 program.
(Section
							 456.072(1)(hh),
							 F.S.)
(bb) 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.
(bb) 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 up to $2,000.00
							 administrative fine, to revocation.
(bb) 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 up to $5,000.00 fine, to
							 revocation.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(cc) Failing to identify through written notice or
							 orally to a patient the type of license under which the practitioner is
							 practicing or failing to identify the type of license that the practitioner
							 pictured or named in an advertisement for health care services holds.
(Section
							 456.072(1)(t),
							 F.S.)
(cc) From a letter of concern to reprimand of the
							 license and an administrative fine ranging from $250.00 to $500.00.
(cc) From probation to suspension of the license, and
							 an administrative fine ranging from $500.00 to $750.00.
(cc) From suspension to revocation, and an
							 administrative fine ranging from $750.00 to $1,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(dd) Failing to report to the Board within thirty
							 (30) days after the licensee has been convicted of a crime in any
							 jurisdiction.
(Section
							 456.072(1)(x),F.S.)
(dd) From a reprimand and an administrative fine up
							 to $1,000.00
(dd) From a reprimand to suspension of license, and
							 an administrative fine up to $5,000.00.
(dd) From suspension to revocation of license, and an
							 administrative fine up to $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(ee) 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.)
(ee) Revocation and a fine of $10,000, or in the case
							 of application for licensure, denial of license.
TELEHEALTH REGISTRANTS:
Revocation.
(ff) 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.)
(ff) From a reprimand to probation of the license,
							 and an administrative fine of $500.00 to $1,000.00.
(ff) From a reprimand to suspension of license, and
							 an administrative fine of $1,000.00 to $5,000.00.
(ff) From supsension to revocation of license, and an
							 administrative fine of $5,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(gg) 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.)
(gg) From a reprimand of the license and an
							 administrative fine up to $1,000.00 to revocation and a fine up to
							 $10,000.
(gg) From a reprimand to suspension of license, and
							 an administrative fineup to $5,000.00 up to revocation and a fine up to
							 $10,000.
(gg) From supsension to revocation of license, and an
							 administrative fine of $1,000.00 to $5,000.00 up to revocation and a fine up to
							 $10,000.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(hh) 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.)
(hh) Revocation and a fine of $10,000, or in the case
							 of application for licensure, denial of license.
TELEHEALTH REGISTRANTS:
Revocation.
(ii) Providing information, including written
							 documentation, 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.)
(ii) From a reprimand to probation of the license,
							 and an administrative fine of $500.00 to $1,000.00.
(ii) From a reprimand to suspension of license, and
							 an administrative fine of $1,000.00 to $5,000.00.
(ii) From supsension to revocation of license, and an
							 administrative fine of $5,000.00 to $10,000.00.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(jj) Failure to comply with the parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
(jj) $500 fine, and up to 1 year probation with
							 conditions.
(jj) $1,000 fine, and up to 6 months
							 suspension.
(jj) $2,000 fine, and up to 2 years
							 suspension.
TELEHEALTH REGISTRANTS:
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
Letter of concern to Reprimand, to Suspension and a
							 corrective action plan to Revocation.
(kk) Being convicted or found guilty of, entering a
							 plea of guilty or nolo contender 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.
(Section
							 456.072(1)(ss),
							 F.S.)
(kk) Permanent revocation and a fine of $2,500, or in
							 the case of application for licensure, denial of license.
(kk) Permanent revocation and a fine of $5,000, or in
							 the case of application for licensure, denial of license.
(kk) Permanent revocation and a fine of $10,000, or
							 in the case of application for licensure, denial of license.
TELEHEALTH REGISTRANTS:
Revocation.
Revocation.
Revocation.
(ll) 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.)
(ll) Referral to Physicians Recovery Network (PRN) up
							 to suspension until the licensee can demonstrate the ability to practice with
							 reasonable skill and safety or refusal to certify an application for
							 licensure.
(ll) Referral to PRN up to suspension until the
							 licensee can demonstrate the ability to practice with reasonable skill and
							 safety or refusal to certify an application for licensure.
(ll) Referral to PRN up to suspension until the
							 licensee can demonstrate the ability to practice with reasonable skill and
							 safety or refusal to certify an application for licensure.
TELEHEALTH REGISTRANTS:
Letter of concern or Reprimand, to Referral to PRN to
							 Suspension and a corrective action plan to Revocation.
Letter of concern or Reprimand, to Referral to PRN to
							 Suspension and a corrective action plan to Revocation.
Letter of concern or Reprimand, to Referral to PRN to
							 Suspension and a corrective action plan to Revocation.
(mm) Failure of an out-of-state telehealth registrant
							 to notify the Board of any adverse actions taken against his or her
							 license.
(Section
							 456.47 (4)(i)1., F.S.)
(mm) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(mm) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation
(mm) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(nn) An out-of-state telehealth registrant having
							 restrictions placed on or disciplinary action taken against his or her license
							 in any state or jurisdiction.
(Section 456.74(4)(i)2., F.S.)
(nn) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(nn) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation
(nn) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(oo) A violation of any of the requirements in s.
							 456.47, F.S., by an out-of-state telehealth registrant.
(oo) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(oo) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
(oo) Letter of concern to Reprimand, to Suspension
							 and a corrective action plan to Revocation.
Rulemaking Authority
					 456.079,
					 468.1135(4) FS.
					 Law Implemented 456.063,
					 456.072,
					 456.076,
					 456.079,
					 456.47,
					 468.1295,
					 468.1296
					 FS.
New 2-7-91, Amended 11-9-92, Formerly 21LL-7.001,
					 61F14-7.001, 59BB-7.001, Amended 10-25-00, 4-14-02, 8-22-05, 12-28-05, 8-28-07,
					 8-28-12, 12-2-13, 3-15-21, 10-19-21,
					 10-18-23.