Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61G18 - Board of Veterinary Medicine › Chapter 61G18-30 - DISCIPLINE › Section 61G18-30.001 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) When the Board
				finds an applicant or licensee whom it regulates under Chapter 474, F.S., has
				committed any of the acts set forth in Section
				474.213(1),
				F.S., which are felonies of the third degree as well as violations of the
				Practice act, it shall issue a final order imposing appropriate penalties,
				using the following disciplinary guidelines:
VIOLATION
RECOMMENDED RANGE OF PENALTY
(a) Practicing veterinary medicine in this State
							 unless a person holds an active license to practice veterinary medicine
							 pursuant to Chapter 474, F.S.
In the case of an applicant, the usual action of the
							 Board shall be to request the Department issue a Cease and Desist Order, which
							 will remain in effect until licensure is granted, plus an administrative fine
							 from three thousand dollars ($3, 000.00) to five thousand dollars ($5, 000.00)
							 and, upon eligibility for licensure, imposition of up to a one (1) year
							 probation.
In the case of a non-licensed veterinarian practicing
							 veterinary medicine in the State of Florida the Board shall request that the
							 Department issue a Cease and Desist Order and an administrative fine from three
							 thousand dollars ($3, 000.00) to five thousand dollars ($5, 000.00) plus one
							 (1) year probation if the subject should become licensed in the State of
							 Florida.
In the case of a non-veterinarian practicing
							 veterinary medicine in the State of Florida the board shall request that the
							 Department issue a Cease and Desist Order and impose an administrative fine
							 from three thousand dollars ($3, 000.00) to five thousand dollars ($5, 000.00)
							 for each count.
(b) Using the name or title "veterinarian" when the
							 person has not been licensed pursuant to Chapter 474, F.S.
In the case of an applicant, the usual action of the
							 Board shall be to request that the Department issue a Cease and Desist Order,
							 which shall remain in effect until licensure is granted, and an administrative
							 fine of one (1) thousand dollars ($1, 000.00) and, upon issuance of a license,
							 imposition of one (1) year probation.
(c) Presenting as one's own license the license of
							 another.
The usual action of the Board shall be to request
							 that the Department issue a Cease and Desist Order, and an administrative fine
							 of five thousand dollars ($5, 000.00) and, upon issuance of licensure,
							 imposition of one (1) year probation.
(d) Giving false or forged evidence to the Board, or
							 a member thereof, for the purpose of obtaining a license.
In the case of an applicant, the usual action of the
							 Board shall be denial of licensure. The usual action of the Board in the case
							 of a licensee for a first offense shall be to impose a penalty of an
							 administrative fine of three thousand dollars ($3, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of an administrative fine of five
							 thousand dollars ($5, 000.00) and revocation of any license obtained based on
							 false or forged evidence.
(e) Using or attempting to use a veterinarian's
							 license which has been suspended or revoked.
In the case of an applicant, the usual action shall
							 be denial of licensure and to request the Department issue a Cease and Desist
							 Order. The usual action of the Board in the case of a licensee shall be to
							 impose revocation if the subject's license has been suspended and an
							 administrative fine of five thousand dollars ($5, 000.00).
(f) Knowingly employing unlicensed persons in the
							 practice of veterinary medicine.
The usual action of the Board shall be to impose a
							 penalty of up to one (1) year probation and an administrative fine of three
							 thousand dollars ($3, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to one (1) year suspension,
							 followed by up to two (2) years probation and an administrative fine of five
							 thousand dollars ($5, 000.00).
(g) Knowingly concealing information relative to a
							 violation of Chapter 474, F.S.
The usual action of the Board shall be to impose a
							 penalty of six (6) months probation and an administrative fine of one thousand
							 dollars ($1, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to one (1) year probation and
							 an administrative fine of three thousand dollars ($3, 000.00).
(h) Obtaining or attempting to obtain a license by
							 fraud.
Revocation or denial of licensure plus an
							 administrative fine of five thousand dollars ($5, 000.00).
(i) Selling or offering to sell a diploma conferring
							 a degree in veterinary medicine or a license to practice veterinary medicine in
							 this state.
An administrative fine of five thousand dollars ($5,
							 000.00) and revocation.
(j) Leading the public to believe that the the person
							 is licensed as a veterinarian or is engaged in the licensed practice of
							 veterinary medicine without a valid active license.
In the case of an applicant, the usual action of the
							 Board shall be to request the Department issue a Cease and Desist Order, which
							 will remain in effect until licensure is granted, plus an administrative fine
							 of two thousand dollars ($2, 000.00) and, upon eligibility for licensure,
							 imposition of one (1) year probation.
In the case of a non-licensed veterinarian the Board
							 shall request that the Department issue a Cease and Desist Order and an
							 administrative fine of two thousand dollars ($2, 000.00) plus one (1) year
							 probation if the subject should become licensed in the State of Florida.
In the case of a non-veterinarian the Board shall
							 request that the Department issue a Cease and Desist Order and an
							 administrative fine of two thousand dollars ($2, 000.00) for each count.
(k) Knowingly operating a veterinary establishment or
							 premises without a valid premise permit.
The usual action of the Board shall be an
							 administrative fine of two thousand dollars ($2, 000.00). The Board shall also
							 require that a premise permit be obtained or request the Department to issue a
							 Cease and Desist Order.
(2)
				When the Board finds an applicant, licensee, or permittee whom it regulates
				under Chapter 474, F.S., has committed any of the acts set forth in Section
				474.214(1),
				F.S., it shall issue a Final Order imposing appropriate penalties which are set
				forth in Section 474.214(2),
				F.S., using the following disciplinary guidelines:
(a) Attempting to procure, or procuring, a license to
							 practice veterinary medicine or a permit to own and operate a veterinary
							 establishment, by bribery, by fraudulent misrepresentation, or through an error
							 of the Department or the Board.
In the case of an applicant, the usual action of the
							 Board shall be denial of licensure or permit. The usual action of the Board in
							 the case of a licensee or permittee shall be to impose a penalty of revocation
							 and an administrative fine from three thousand dollars ($3, 000.00) to five
							 thousand dollars ($5, 000.00).
(b) Having a license to practice veterinary medicine
							 revoked, suspended, or otherwise acted against, including the denial of
							 licensure, by the licensing authority of any jurisdiction, including any agency
							 or subdivision thereof.
The usual action of the Board for a first offense
							 shall be the imposition of discipline concurrent with that of the other
							 jurisdiction to suspension or denial of the license until the license is
							 unencumbered in the jurisdiction in which disciplinary action was originally
							 taken, and an administrative fine ranging from $1, 000.00 to $2, 500.00. The
							 usual action of the board for a second offense shall be the imposition of
							 discipline concurrent with that of the other jurisdiction to revocation or
							 denial of the license, and an administrative fine ranging from $2, 500.00 to
							 $5, 000.00.
(c) Being convicted or found guilty, regardless of an
							 adjudication, of a crime in any jurisdiction which directly relates to the
							 practice of veterinary medicine or the ability to practice veterinary
							 medicine.
In the case of an applicant, the usual action of the
							 Board shall be denial of licensure. The usual action of the Board in the case
							 of a licensee or permittee shall be to impose a penalty ranging from an
							 administrative fine of two thousand dollars ($2, 000.00) and up to one (1) year
							 probation to an administrative fine of five thousand dollars ($5, 000.00) and
							 revocation.
For a second offense, the usual action of the Board
							 shall be to impose a penalty ranging from an administrative fine of five
							 thousand dollars ($5, 000.00) and up to two (2) years suspension followed by
							 two (2) years probation to an administrative fine of five thousand dollars ($5,
							 000.00) to revocation.
(d) Making or filing a report or record which the
							 licensee knows to be false, intentionally or negligently failing to file a
							 report or record required by state or federal law, willfully impeding or
							 obstructing such filing, or inducing another person to impede or obstruct such
							 filing. Such reports or records shall include only those which are signed in
							 the capacity of a licensed veterinarian.
The usual action of the Board shall be to impose a
							 penalty of one (1) year suspension followed by one (1) year probation and an
							 administrative fine from three thousand dollars ($3, 000.00) to five thousand
							 dollars ($5, 000.00) per count or violation.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of a two (2) year suspension followed
							 by two (2) years probation and an administrative fine of five thousand dollars
							 ($5, 000.00) to revocation.
(e) Advertising goods or services in a manner which
							 is fraudulent, false, deceptive, or misleading in form or content.
In the case of violations, which are not resolved by
							 the Board's rule concerning minor violations, the usual action of the Board
							 shall be to impose an administrative fine of one thousand dollars ($1,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of two (2) years probation and an
							 administrative fine of two thousand dollars ($2, 000.00) for each count.
(f) Violating a statute or administrative rule
							 regulating practice under this chapter or chapter 455, F.S., or a lawful
							 disciplinary order or subpoena of the Board or the Department.
The usual action of the Board shall be to impose a
							 penalty ranging from a reprimand and an adminstrative fine of two thousand
							 dollars ($2, 000.00). For a second or subsequent offense, the usual action of
							 the Board shall be to impose up to two (2) years suspension followed by two (2)
							 years probation and an administrative fine of five thousand dollars ($5,
							 000.00).
In the case of a subpoena or disciplinary order, the
							 usual action shall be to impose a penalty ranging from up to two (2) years
							 suspension followed by up to two (2) years probation and an administrative fine
							 of four thousand dollars ($4, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty ranging from up to three (3) years
							 suspension followed by up to three (3) years probation to revocation and an
							 administrative fine of five thousand dollars ($5, 000.00).
(g) Practicing with a revoked, suspended, or inactive
							 license.
The usual action of the Board shall be to impose a
							 penalty consistent with paragraph (1)(a) above. In the case of a licensed
							 veterinarian being found late in payment of renewal fees, the veterinarian
							 shall have thirty days from receipt of official notice from the Department of
							 Business and Professional Regulation to become current in payment of fees to
							 the Department and pay an administrative fine of five hundred dollars
							 ($500.00). If the delinquent veterinarian does not respond to the Department
							 within the above mentioned thirty days, the Board shall request that the
							 Department issue a Cease and Desist Order, which shall remain in effect until
							 license renewal fees and an administrative fine of one thousand dollars ($1,
							 000.00) are paid.
(h) Being unable to practice veterinary medicine with
							 reasonable skill and safety to patients by reason of illness, drunkenness, use
							 of drugs, narcotics, chemicals, or any other material or substance or as a
							 result of any mental or physical condition.
The usual action of the Board shall be to impose a
							 penalty of suspension until such time as the licensee demonstrates
							 rehabilitation followed by probation under such terms and conditions as set by
							 the Board. If the individual is an applicant, the usual action shall be to deny
							 the application.
(i) Judicial determination of mental
							 incompetency.
The usual action of the Board shall be to impose a
							 penalty of suspension or denial of licensure until there is a legal restoration
							 of the licensee's competency to be followed by probation under such terms and
							 conditions as set by the Board.
(j) Knowingly maintaining a professional connection
							 or association with any person who is in violation of the provisions of Chapter
							 474, F.S., or the rules of the Board.
The usual action of the Board shall be to impose a
							 penalty of an administrative fine of three thousand dollars ($3, 000.00) and
							 one (1) year probation.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of an administrative fine of five
							 thousand dollars($5, 000.00) and up to two (2) years probation.
(k) Paying or receiving kickbacks, rebates, bonuses,
							 or other remuneration for receiving a patient or client or for referring a
							 patient or client to another provider of veterinary services or goods. In
							 construing this section, the Board shall deem that a referral to an entity with
							 which the veterinarian has a contractual relationship, for the sale of
							 non-veterinary, non-medical pet food or pet supplies, does not constitute a
							 kickback, so long as the client is aware of the relationship.
The usual action of the Board for those violations
							 not disposed of by the Board's rule concerning minor violations shall be to
							 impose a penalty of a one (1) year probation and an administrative fine of one
							 thousand dollars ($1, 000.00) for each count.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of two (2) years probation and an
							 administrative fine of two thousand dollars ($2, 000.00) for each count.
(l) Performing or prescribing unnecessary or
							 unauthorized treatment.
The usual action of the Board shall be to impose a
							 penalty ranging from a reprimand to one (1) year probation and an
							 administrative fine up to two thousand dollars ($2, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty ranging from a reprimand to two (2)
							 years probation and an administrative fine of five thousand dollars ($5,
							 000.00).
(m) Engaging in fraud in the collection of fees from
							 consumers or any person, agency, or organization paying fees to
							 practitioners.
The usual action of the Board shall be to impose a
							 penalty of up to two (2) years suspension followed by one (1) year probation
							 and an administrative fine from three thousand dollars ($3, 000.00) to five
							 thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose two (2) years suspension followed by two (2)
							 years probation and an administrative fine of five thousand dollars ($5,
							 000.00).
(n) Attempting to restrict competition in the field
							 of veterinary medicine other than for the protection of the public.
The usual action of the Board shall be to impose a
							 penalty of one (1) year probation and an administrative fine of two thousand
							 dollars ($2, 000.00).
For a second or subsequent offense, and revocation of
							 the veterinarian's license to practice in the State of Florida.
(o) Fraud, deceit, negligence, incompetency, or
							 misconduct in the practice of veterinary medicine.
The usual action of the Board shall be to impose a
							 penalty ranging from one (1) year probation and an administrative fine from two
							 thousand dollars ($2, 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, an administrative
							 fine of five thousand dollars ($5, 000.00) and revocation of the veterinarian's
							 license to practice in the State of Florida.
(p) Being convicted of a charge of cruelty to
							 animals.
The usual action of the Board shall be to impose a
							 penalty ranging from up to two (2) years suspension followed by up to two (2)
							 years probation and an administrative fine of four thousand dollars ($4,
							 000.00).
For a second or subsequent offense, an administrative
							 fine of five thousand dollars ($5, 000.00) and revocation.
(q) Permitting or allowing another to use a
							 veterinarian's license for the purpose of treating or offering to treat sick,
							 injured, or afflicted animals.
The usual action of the Board shall be to impose a
							 penalty of up to one (1) year suspension followed by up to one (1) year
							 probation and an administrative fine of three thousand dollars ($3,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to two (2) years suspension
							 followed by up to two (2) years probation and an administrative fine of five
							 thousand dollars ($5, 000.00)
(r) Being guilty of incompetence or negligence by
							 failing to practice veterinary medicine with that level of care, skill, and
							 treatment which is recognized by a reasonably prudent veterinarian as being
							 acceptable under similar conditions and circumstances.
The usual action of the Board shall be to impose a
							 penalty of one (1) year probation and an administrative fine from two thousand
							 dollars ($2, 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to one (1) year suspension
							 followed by two (2) years probation and an administrative fine of five thousand
							 dollars ($5, 000.00).
(s) Willfully making any misrepresentations in
							 connection with the inspection of food for human consumption.
The usual action of the Board shall be to impose a
							 penalty of up to one (1) year suspension followed by one (1) year probation and
							 an administrative fine of four thousand dollars ($4, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to two (2) years suspension
							 followed by two (2) years probation and an administrative fine of five thousand
							 dollars ($5, 000.00).
(t) Fraudulently issuing or using any false health
							 certificate, vaccination certificate, test chart, or other blank form used in
							 the practice of veterinary medicine relating to the presence or absence of
							 animal diseases or transporting animals or issuing any false certificate
							 relating to the sale of products of animal origin for human consumption.
The usual action of the Board shall be to impose a
							 penalty of ranging from up to one (1) year suspension followed by one (1) year
							 probation an administrative fine of three thousand dollars ($3, 000.00) and
							 revocation.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of an administrative fine of five
							 thousand dollars ($5, 000.00) and revocation.
(u) Engaging in fraud or dishonesty in applying,
							 treating, or reporting on tuberculin, diagnostic, or other biological
							 tests.
The usual action of the Board shall be to impose a
							 penalty of ranging from up to one (1) year suspension followed by one (1) year
							 probation to revocation and an administrative fine from three thousand dollars
							 ($3, 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose an administrative fine of five thousand dollars
							 ($5, 000.00) and revocation.
(v) Failing to keep the equipment and premises of the
							 business establishment in a clean and sanitary condition or having a premise
							 permit suspended or revoked pursuant to Section
							 474.215, F.S.
The usual action of the Board shall be to suspend the
							 premise permit until compliance with requirements followed by up to one (1)
							 year probation and an administrative fine from one thousand dollars ($1,
							 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to suspend the premise permit until compliance with
							 requirements followed by up to three (3) years probation to revocation and an
							 administrative fine of five thousand dollars ($5, 000.00).
(w) Practicing veterinary medicine at a location for
							 which a valid premise permit has not been issued when required under Section
							 474.215, F.S.
The usual action of the Board shall be to impose an
							 administrative fine of one thousand dollars ($1, 000.00) penalty and to require
							 remedial education. The Board shall also require that a premise permit be
							 obtained or the Department shall be requested to issue a Cease and Desist
							 Order.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose an administrative fine of three thousand
							 dollars ($3, 000.00).
(x) Refusing to permit the Department to inspect the
							 business premises of the licensee during regular business hours.
The usual action of the Board shall be to impose a
							 penalty of an administrative fine of two thousand dollars ($2, 000.00), unless
							 circumstances legally justify such action by the veterinarian and/or request
							 that the Department issue a Cease and Desist Order.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose an administrative fine of five thousand dollars
							 ($5, 000.00).
(y) Using the privilege of ordering, prescribing, or
							 making available medicinal drugs or drugs defined in Chapter 465, F.S., or
							 controlled substances as defined in Chapter 893, F.S., for use other than for
							 the specific treatment of animal patients for which there is a documented
							 veterinarian/client/patient relationship. Pursuant thereto, the veterinarian
							 shall:
For violations involving medicinal drugs or drugs
							 defined in Chapter 465 F.S., the usual action of the Board shall be to impose a
							 penalty ranging from a reprimand up to one (1) year suspension followed by one
							 (1) year probation and an administrative fine from two thousand dollars ($2,
							 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to two (2) years suspension
							 followed by two (2) years probation and an administrative fine of five thousand
							 dollars ($5, 000.00).
For violations involving controlled substances as
							 defined in Chapter 893, F.S., the usual action of the Board shall be to impose
							 a penalty of two (2) year suspension to revocation and an administrative fine
							 of four thousand dollars ($4, 000.00). For a second or subsequent offense, the
							 usual action of the Board shall be to impose an administrative fine of five
							 thousand dollars ($5, 000.00) and revocation.
1. Have sufficient knowledge of the animal to
							 initiate at least a general or preliminary diagnosis of the medical condition
							 of the animal, which means that the veterinarian is personally acquainted with
							 the keeping and the caring of the animal and has recent contact with the animal
							 or has made medically appropriate and timely visits to the premises where the
							 animal is kept.
2. Be available to provide for follow up care and
							 treatment in case of adverse reactions of failure of the regimen of
							 therapy.
3. Maintain records which document patient visits,
							 diagnosis, treatment, and other relevant information required under this
							 chapter. The documented patient/client/veterinarian relationship cited in
							 Section 474.214, F.S., is herein defined
							 as a veterinarian's record of a client's animal which documents that the
							 veterinarian has seen the animal in a professional capacity within a period of
							 12 months or less.
(z) Providing, prescribing, ordering, or making
							 available for human use medicinal drugs or drugs as defined in Chapter 465,
							 F.S., controlled substances as defined in Chapter 893, F.S., or any material,
							 chemical, or substance used exclusively for animal treatment.
For violations involving medicinal drugs or drugs
							 defined in Chapter 465, F.S., the usual action of the Board shall be to impose
							 a penalty of up to two (2) years suspension followed by two (2) years probation
							 and an administrative fine from two thousand dollars ($2, 000.00) to five
							 thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of three (3) years suspension
							 followed by three (3) years probation up to an administrative fine of five
							 thousand dollars ($5, 000.00) and revocation.
For violations involving controlled substances as
							 defined in Chapter 893, F.S., the usual penalty will be revocation and an
							 administrative fine up to five thousand dollars ($5, 000.00).
(aa) Failing to report to the Department any person
							 the licensee knows to be in violation of Chapter 474, F.S., or the rules of the
							 Board or Department.
The usual action of the Board shall be issuance of a
							 reprimand and an administrative fine of up to one thousand dollars ($1,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to one (1) year probation and
							 an administrative fine up to three thousand dollars ($3, 000.00).
(bb) Violating any of the requirements of Chapter
							 499, F.S., the Florida Drug and Cosmetic Act;
							 21 U.S.C. ss.
							 301-392, the Federal Food, Drug, and
							 Cosmetic Act; 21 U.S.C. ss.
							 821 seq., the Comprehensive Drug Abuse
							 Prevention and Control Act of 1970, more commonly known as the Federal Drug
							 Abuse Act; or Chapter 893, F.S.
The usual action of the Board shall be to impose a
							 penalty of up to two (2) years probation and an administrative fine from two
							 thousand dollars ($2, 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be up to two (2) years suspension followed by three (3)
							 years probation and an administrative fine of five thousand dollars ($5,
							 000.00).
(cc) Failing to provide adequate radiation
							 safeguards.
The usual action of the Board shall be issuance of a
							 reprimand plus the violator must pay cost of investigation and provide proof of
							 compliance with the rule.
(dd) Failing to perform any statutory or legal
							 obligation placed upon a licensee.
The usual action of the Board shall be a penalty
							 ranging from the issuance of a reprimand and an administrative fine of one
							 thousand dollars ($1, 000.00) up to revocation and an administrative fine of up
							 to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of a reprimand to revocation and an
							 administrative fine of five thousand dollars ($5, 000.00).
(ee) Failing to keep contemporaneously written
							 medical records as required by rule of the Board.
The usual action of the Board shall be issuance of a
							 reprimand and up to one (1) year probation, and an administrative fine of up to
							 two thousand dollars ($2, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be a penalty of two (2) years probation and an
							 administrative fine of five thousand dollars ($5, 000.00).
(ff) Prescribing or dispensing legend drug as defined
							 in Chapter 465, F.S., including any controlled substance, inappropriately or in
							 excessive or inappropriate quantities.
The usual action of the Board shall be to impose a
							 penalty of an administrative fine from two thousand dollars ($2, 000.00) to
							 five thousand dollars ($5, 000.00) and up to two (2) years probation.
For a second or subsequent offense, the usual action
							 of the Board Board shall be to impose a penalty of up to one (1) year
							 suspension followed by three (3) years probation and an administrative fine of
							 five thousand dollars ($5, 000.00).
(gg) Practicing or offering to practice beyond the
							 scope permitted by law.
The usual action of the Board shall be issuance of a
							 reprimand up to one (1) year probation, and an administrative fine from one
							 thousand dollars ($1, 000.00) to three thousand dollars ($3, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be two (2) years probation and an administrative fine of up
							 to five thousand dollars ($5, 000.00).
(hh) Delegating professional responsibilities to a
							 person when the licensee delegating such responsibilities knows or has reason
							 to know that such person is not qualified by training, experience, or licensure
							 to perform them.
The usual action of the Board shall be to impose a
							 penalty of an administrative fine from one thousand five hundred dollars ($1,
							 500.00) to three thousand dollars ($3, 000.00) and up to one (1) year
							 probation.
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to one (1) year suspension
							 followed by up to two (2) years probation to revocation and an administrative
							 fine of five thousand dollars ($5, 000.00).
(ii) Presigning blank prescription forms.
The usual action of the Board shall be to impose a
							 penalty ranging from up to one (1) year suspension of the veterinarian's
							 license followed by up to one (1) year probation to revocation and an
							 administrative fine of up to two thousand dollars ($2, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty ranging from up to two (2) years
							 suspension followed by up to two (2) years probation to revocation and an
							 administrative fine up to five thousand dollars ($5, 000.00).
(jj) Failing to report to the Board within 30 days,
							 in writing, any action set forth in paragraph (b), that has been taken against
							 the practitioner's license to practice veterinary medicine by any jurisdiction,
							 including any agency or subdivision thereof.
The usual action of the Board shall be the issuance
							 of a reprimand and an administrative fine from one thousand dollars ($1,
							 000.00) to three thousand dollars ($3, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be the issuance of a reprimand and an administrative fine of
							 five thousand dollars ($5, 000.00).
(kk) Aiding or assisting another person in violating
							 any provision of this chapter or any rule adopted pursuant thereto.
The usual action of the Board shall be to impose a
							 penalty from one (1) to three (3) years probation and an administrative fine
							 from one thousand dollars ($1, 000.00) to five thousand dollars ($5,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to two (2) years suspension
							 followed by up to three (3) years probation to revocation and an administrative
							 fine of up to five thousand dollars ($5, 000.00).
(ll) Failing to respond within 60 days after receipt
							 of a request to provide satisfactory proof of having satisfactory proof of
							 having participated in approved continuing education programs.
The usual action of the Board shall be suspension
							 until the Board receives acceptable response to the request and an
							 administrative fine from one thousand dollars ($1, 000.00) to five thousand
							 dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be suspension until the Board receives an acceptable
							 response to the request and an administrative fine of five thousand dollars
							 ($5, 000.00).
(mm) Failing to maintain accurate records or reports
							 as required by this chapter or by federal or state laws or rules pertaining to
							 the storing, labeling, selling, dispensing, prescribing, and administering of
							 controlled substances.
The usual action of the Board shall be an
							 administrative fine from one thousand five hundred dollars ($1, 500.00) to five
							 thousand dollars ($5, 000.00) and up to two (2) years probation.
For a second or subsequent offense, the usual action
							 of the Board shall be up to three (3) years probation and an administrative
							 fine from three thousand dollars ($3, 000.00) to five thousand dollars ($5,
							 000.00).
(nn) Failing to report a change of address to the
							 Board within 60 days thereof.
The usual action of the Board shall be an
							 administrative fine of one thousand dollars ($1, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be an administrative fine of three thousand dollars ($3,
							 000.00)
(oo) Failure of the responsible veterinarian or
							 permittee to report a change of premises ownership or responsible veterinarian
							 within 60 days thereof.
The usual action of the Board shall be an
							 administrative fine of one thousand dollars ($1, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be an administrative fine of three thousand dollars ($3,
							 000.00).
(pp) Failing to give the owner of a patient, before
							 dispensing any drug, a written prescription when requested.
The usual action of the Board shall be an
							 administrative fine of two thousand dollars ($2, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be an administrative fine from three thousand dollars to
							 five thousand dollars ($5, 000.00).
(3)
				When the Board finds an applicant, licensee, or permittee whom it regulates
				under Chapter 474, F.S., has committed any of the acts set forth in Section
				455.227(1),
				F.S., it will issue a Final Order imposing appropriate penalties within the
				ranges recommended in the following disciplinary guidelines:
(a) Misleading, deceptive, untrue, or fraudulent
							 representations in the practice of veterinary medicine.
The usual action of the Board will be to impose a
							 penalty ranging from up to one (1) year suspension followed by one (1) year
							 probation and an administrative fine of up to two thousand dollars ($2, 000.00)
							 to revocation and an administrative fine of up to five thousand dollars ($5,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be a penalty of up to two (2) years suspension followed by
							 up to two (2) years probation to revocation and an administrative fine from
							 three thousand dollars ($3, 000.00) to five thousand dollars ($5,
							 000.00).
(b) Intentionally violating any rule adopted by the
							 Board or the Department.
The usual action of the Board will be to impose a
							 penalty ranging from the issuance of a reprimand and an administrative fine
							 from two thousand dollars ($2, 000.00) to five thousand dollars ($5, 000.00) to
							 revocation and an administrative fine of up to five thousand dollars ($5,
							 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be a penalty ranging from up to one (1) year probation to
							 revocation and an administrative fine from three thousand dollars to five
							 thousand dollars ($5, 000.00).
(c) Being convicted of a felony which relates to the
							 practice of veterinary medicine.
The usual action of the Board will be revocation and
							 an administrative fine of up to five thousand dollars ($5, 000.00).
(d) Being adjudicated mentally incompetent.
The usual action of the Board will be consistent with
							 paragraph (2)(i), above.
(e) The license has been obtained by fraud or
							 material misrepresentation of a material fact.
The usual action of the Board will be revocation of
							 the license and an administrative fine of up to five thousand dollars ($5,
							 000.00).
(f) Use of a Class III or a Class IV laser device or
							 product, as defined by federal regulations, without having complied with the
							 rules promulgated pursuant to Section
							 501.122(2),
							 F.S., governing the registration of such devices with the Department of Health
							 and Rehabilitation.
The usual action of the Board will be an
							 administrative fine of up to three thousand dollars ($3, 000.00). For a second
							 or subsequent offense, the usual action of the Board shall be an administrative
							 fine of five thousand dollars ($5, 000.00).
(g) Having been found liable in a civil proceeding
							 for knowingly filing a false report or complaint with the Department against
							 another licensee.
The usual action of the Board will be to impose a
							 penalty ranging from the issuance of a reprimand up to two (2) years suspension
							 followed by up to two (2) years probation and an administrative fine from two
							 thousand dollars ($2, 000.00) to five thousand dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty of up to three (3) years suspension
							 followed by up to three (3) years probation to revocation and an administrative
							 fine from three thousand dollars ($3, 000.00) to five thousand dollars ($5,
							 000.00).
(h) Making deceptive, untrue, or fraudulent
							 representations in or related to the practice of a profession or employing a
							 trick or scheme in or related to the practice of a profession.
The usual action of the Board will be to impose a
							 penalty ranging from up to two (2) years suspension followed by up to two (2)
							 years probation and an administrative fine of up to three thousand dollars ($3,
							 000.00) to revocation and and an administrative fine of up to five thousand
							 dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be to impose a penalty ranging from up to three (3) years
							 suspension followed by three (3) years probation to revocation and an
							 administrative fine of five thouasand dollars ($5, 000.00).
(i) Exercising influence on the patient or client for
							 the purpose of financial gain of the licensee or a third party.
The usual action of the Board will be up to two (2)
							 years suspension followed by up to two (2) years probation and an
							 administrative fine from three thousand dollars ($3, 000.00) to five thousand
							 dollars ($5, 000.00).
For a second or subsequent offense, the usual action
							 of the Board shall be up to three (3) years suspension followed by up to three
							 (3) years probation to revocation and an administrative fine of five thousand
							 dollars ($5, 000.00).
(4)
				Based upon consideration of aggravating or mitigating factors present in an
				individual case, the Board may deviate from the penalties recommended in
				subsections (1), (2) and (3) above. The Board shall consider as aggravating or
				mitigating factors the following:
(a) The
				danger to the public;
(b) The
				length of time since the violation;
(c) The number of times the licensee has been
				previously disciplined by the Board;
(d) The length of time licensee has
				practiced;
(e) The actual damage,
				physical or otherwise, caused by the violation;
(f) The deterrent affect of the penalty
				imposed;
(g) The affect of the
				penalty upon the licensee's livelihood;
(h) Any effort of rehabilitation by the
				licensee;
(i) The actual knowledge
				of the licensee pertaining to the violation;
(j) Attempts by licensee to correct or stop
				violation or refusal by licensee to correct or stop violation;
(k) Related violations against licensee in
				another state including findings of guilt or innocence, penalties imposed and
				penalties served;
(l) Actual
				negligence of the licensee pertaining to any violation;
(m) Penalties imposed for related offenses
				under subsections (1), (2) and (3) above;
(n) Pecuniary benefit or self-gain enuring to
				licensee;