Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B12 - Board of Opticianry › Chapter 64B12-8 - ORGANIZATION, OPERATING PROCEDURES, AND DISCIPLINARY GUIDELINES › Section 64B12-8.024 - Out-of-State Telehealth Discipline

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The following disciplinary guidelines shall be followed by the board in
				imposing disciplinary penalties upon out-of-state telehealth providers
				registered pursuant to Section
				456.47(4),
				F.S., for violation of the below mentioned statutes and rules. For the purposes
				of this rule, the descriptions of the violations are abbreviated, and the full
				statute or rule cited should be consulted to determine the prohibited conduct.
VIOLATION
PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
a. Fails to notify the board of any adverse actions
							 taken against his or her license.
(Section
							 456.47(4)(i),
							 F.S.)
Letter of Concern to suspension and a corrective
							 action plan
Suspension and a corrective action plan to
							 revocation
b. Has restrictions placed on or disciplinary action
							 taken against his or her license in any state or jurisdiction.
(Section
							 456.47(4)(i),
							 F.S.)
Letter of concern to revocation as closely as
							 possible to same penalty as imposed in other jurisdiction
Letter of concern to revocation as closely as
							 possible to same penalty as imposed in other jurisdiction to revocation
c. Violates any of the requirements of Section
							 456.47, F.S.
(Section
							 456.47(4)(i),
							 F.S.)
Letter of Concern to suspension and a corrective
							 action plan
Suspension and a corrective action plan to
							 revocation
d. Commits any act that constitutes grounds for
							 disciplinary action under Section
							 456.072(1) or
							 484.014, F.S.
As stated in Rule
							 64B12-8.020, F.A.C.
As stated in Rule
							 64B12-8.020, F.A.C.
(2)
				The range of disciplinary action for registered out-of-state telehealth
				providers shall be, in ascending order of severity: letter of concern,
				reprimand, suspension, and revocation.
(3) A suspension may be for a definiate term
				or may be accompanied by a corrective action plan established by the Board, as
				stated in Rule 64B12-8.020, F.A.C.
(4) A suspension for a definate term may be
				terminated early only upon approval of the Board. A suspension accompanied by a
				corrective action plan may be lifted upon successful successful complaince with
				the corrective action or otherwise determined by the Board.
(5) A "corrective action plan" must accompany
				a suspension and includes rehabilitative provisions established by the Board
				which are narrowly tailored to address the conduct which resulted in the
				underlying disciplinary violations. In order to satisfy a corrective action
				plan, the Registrant must provide proof of successful completion of all
				provisions to the Board. A corrective action plan may follow a suspension for a
				definite term and require continued suspension until successful compliance with
				the corrective action plan. Nothing in this paragraph shall be interpreted as
				restricting the Board's ability to impose a suspension for a definite term
				absent or accompanied by a corrective action plan.
Rulemaking Authority
					 456.47(4),
					 456.47(7) FS.
					 Law Implemented 456.47(4)
					 FS.
New 2-8-21.