Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B2 - Board of Chiropractic Medicine › Chapter 64B2-16 - COMPLAINTS, PROBABLE CAUSE DETERMINATION, DISCIPLINARY GUIDELINES › Section 64B2-16.003 - Guidelines for the Disposition of Disciplinary Cases

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The purpose of this rule is to
				notify applicants and licensees of the ranges of penalties which will routinely
				be imposed unless the Boards find 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; for
				multiple counts of the violated provisions or a combination of the violations
				the Board shall consider a higher penalty than that for a single, isolated
				violation. Each range includes the lowest and highest penalty and is inclusive
				of all penalties falling between, including continuing education (CE). For all
				persons subject to this rule, conditions of probation may be required following
				any period of suspension of license and probation will require compliance with
				conditions as set forth in subsection (4). In addition to any other discipline
				imposed, the Board shall assess the actual costs related to the investigation
				and prosecution of a case.
(2)
				Violations and Range of Penalties. When the Board finds that an applicant or
				licensee whom it regulates pursuant to Chapter 460, F.S., has violated the
				below-listed provisions, it shall issue a final order imposing appropriate
				penalties, for each count, as set forth in Section
				456.072(2),
				F.S., within the ranges recommended in the following disciplinary guidelines.
				The identification of offenses are descriptive only; the full language of each
				statutory provision cited must be considered in order to determine the conduct
				included. If the Board makes a finding of pecuniary benefit or self-gain
				related to the violation, then the Board shall require refund of fees billed
				and collected from the patient or a third party on behalf of the patient. In
				addition to or in lieu of any guideline penalties provided herein, if the
				violation is for fraud or making a false or fraudulent representation, the
				Board shall impose a fine of $10, 000 per count or offense.
STATUTORY OR RULE CITE AND BRIEF DESCRIPTOR
FIRST OFFENSE
SECOND OFFENSE
THIRD OR SUBSEQUENT OFFENCE
(a) Section
							 460.41, F.S.: failure to provide
							 itemized patient billing.
A fine of $1, 000, six (6) months of probation with
							 records monitoring and three (3) hours CE on Laws, Rules and Ethics.
In addition to three (3) three hours CE on Laws,
							 Rules and Ethics, from a minimum of a $1, 000 fine and six (6) months'
							 probation with records monitoring up to a maximum of a $2, 500 fine and six (6)
							 month suspension followed by one (1) year probation with records
							 monitoring.
In addition to three (3) three hours CE on Laws,
							 Rules and Ethics, from a minimum of a $2, 000 fine, one (1) year suspension and
							 two (2) years' probation with records monitoring up to a maximum of a $5, 000
							 fine and permanent revocation.
(b) Section
							 460.411, F.S.: practice without
							 active license or license fraudulently obtained.
1. License fraudulently
obtained.
$10, 000 fine and permanent revocation or denial of
							 license (minimum and maximum same).
2. Practice without active
license.
From a minimum of an administrative fine of $500 for
							 each month of practice without an active license, up to a maximum of permanent
							 revocation of license.
From a minimum of an administrative fine of $1, 000
							 for each month of practice without an active license, up to a maximum of
							 permanent revocation of license.
From a minimum of an administrative fine of $2, 500
							 for each month of practice without an active license, up to a maximum of
							 permanent revocation of license.
(c) Section
							 460.411(1)(b),
							 F.S. (use/attempted use of suspended/revoked license.)
Permanent revocation or denial of license (minimum
							 and maximum same); if fraud involved, addition of a $10, 000.00 fine.
(d) Section
							 460.411(2)(a),
							 F.S. (selling/fraudulently obtaining diploma, license, record,
							 registration.)
Permanent revocation or denial of license (minimum
							 and maximum same); if fraud involved, addition of a $10, 000.00 fine.
(e) Section
							 460.411(2)(b),
							 F.S. (willfully false oath or affirmation.)
Permanent revocation or denial of license (minimum
							 and maximum same); if fraud involved, addition of a $10, 000.00 fine.
(f) Section
							 460.411(2)(c),
							 F.S. (use of protected title without licensure.)
Denial of license.
(g) Section
							 460.411(2)(d),
							 F.S. (knowing concealment of information on violation.)
From a minimum of a $500 fine and six (6) months'
							 probation, up to a maximum of a $1, 000 fine, one (1) year probation and three
							 (3) hours CE on Laws, Rules and Ethics.
From a minimum of a $1, 000 fine and one (1) year
							 suspension followed by two (2) years' probation up to a maximum of a $2, 500
							 fine, two (2) years suspension followed by three (3) years' probation.
From a minimum of a $2, 500 fine, two (2) years
							 suspension followed by three (3) years' probation up to a maximum of permanent
							 revocation.
(h) Section
							 460.412 or
							 456.072(1)(v),
							 F.S. (sexual misconduct.)
From a minimum of a PRN referral for evaluation, one
							 (1) year suspension followed by two (2) years' probation including a chaperone,
							 up to a maximum $7, 500 fine and permanent revocation.
$10, 000 fine and permanent revocation.
$10, 000 fine and permanent revocation.
(i) Section
							 460.413(1)(a)
							 or 456.072(1)(h),
							 F.S.: Obtain license by bribery, fraudulent misrepresentation or Department or
							 Board Error.
1. Obtain license by bribery.
From a minimum $500 fine and two (2) years' probation
							 to a maximum of permanent revocation.
From a minimum $10, 000 fine and one (1) year
							 suspension to permanent revocation.
Permanent revocation.
2. Obtain license by fraudulent
							 misrepresentations.
From six months' probation and a fine of $10, 000 to
							 a maximum of five (5) years suspension, passage of the SPEC Exam as condition
							 of reinstatement, and a fine of $10, 000.
$10, 000 fine and permanent revocation.
3. Obtain license by Department or Board
							 error.
Suspension until appearance before Board,
							 demonstration of entitlement to licensure and certification by Board, and a
							 $500 fine.
Same Penalty as first violation.
Same Penalty as first violation.
(j) Section
							 460.413(1)(b)
							 or 456.072(1)(f),
							 F.S.: having a license acted against in another state, territory, or
							 country.
$500 fine; if action in other state involved sexual
							 misconduct, then permanent restriction on license requiring chaperone be
							 present.
Same Penalty as first violation.
Same Penalty as first violation.
(k) Section
							 460.413(1)(c)
							 or 456.072(1)(c),
							 F.S.: crime related to practice.
1. Misdemeanor.
From a minimum $1, 500 fine and six (6) months'
							 probation, up to a $3, 000 fine and one (1) year suspension.
From a minimum $3, 000 fine, six (6) months
							 suspension and one (1) year probation up to a $5, 000 fine and eighteen (18)
							 month suspension.
From a minimum of $4, 000 fine, two (2) year
							 Permanent revocation.
2. Felony.
From a minimum $5, 000 fine and 1 year probation up
							 to a maximum $7, 500 fine and one (1) year suspension followed by two (2)
							 years' probation or permanent revocation.
From a minimum $7, 500 fine and two (2) years
							 suspension followed by two (2) years' probation, up to a maximum $10, 000 fine
							 and four (4) year suspension, passage of the SPEC exam as a condition of
							 reinstatement of license to be followed by four (4) years' probation.
Permanent revocation.
(l) Section
							 460.413(1)(d),
							 F.S.: false/misleading advertising.
From a minimum $1, 000 fine and a letter of concern,
							 up to a maximum $2, 500 fine and 3 hours Laws, Rules and Ethics CE.
In addition to three (3) three hours CE on Laws,
							 Rules and Ethics, from a minimum $2, 500 fine and one (1) year probation to a
							 maximum $5, 000 fine and three (3) months suspension.
From a minimum of a $10, 000 fine and one (1) year
							 suspension to a maximum $10, 000 fine and permanent revocation.
(m) Section
							 460.413(1)(e)
							 or 456.072(1)(t),
							 F.S.: non-identifying advertisement.
From a minimum $1, 000 fine, up to a maximum of three
							 (3) three hours CE on Laws, Rules and Ethics.
In addition to three (3) three hours CE on Laws,
							 Rules and Ethics, from a minimum $2, 000 fine and one (1) year probation to a
							 maximum $3, 000 fine and three (3) years' probation.
In addition to three (3) three hours Laws Rules, and
							 Ethics CE, from a minimum $4, 000 fine up to a maximum $7, 500 fine and one (1)
							 year of suspension followed by three (3) years' probation.
(n) Section
							 460.413(1)(f),
							 F.S.: phony name.
In addition to two (2) hours CE on Ethics, from a
							 minimum $1, 000 fine up to a maximum $3, 000 fine and six (6) months'
							 probation.
In addition to two (2) hours CE on Ethics, from a
							 minimum $3, 500 fine and one (1) year probation, up to a maximum $5, 000 fine
							 and one (1) year suspension, followed by one (1) year probation.
From a minimum $5, 000 fine and six (6) months
							 suspension up to a maximum $10, 000 fine and permanent revocation.
(o) Section
							 460.413(1)(g)
							 or 456.072(1)(i),
							 F.S.: failure to report another.
In addition to three (3) three hours Laws, Rules and
							 Ethics CE, from a minimum letter of concern and a $500 fine, up to a maximum
							 $2, 000 fine and six (6) months' probation.
In addition to three (3) three hours Laws, Rules and
							 Ethics CE, from a minimum $2, 000 fine up to a maximum $4, 000 fine and six (6)
							 month suspension.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum $3, 000 fine and six (6) months suspension to a maximum $10,
							 000 fine.
(p) Section
							 460.413(1)(h)
							 or 456.072(1)(j),
							 F.S.: assisting unlicensed person to practice.
In addition to three (3) three hours Laws, Rules and
							 Ethics CE, from a minimum $5, 000 fine and one (1) year suspension to $10, 000
							 fine and five year suspension with passage of the SPEC Exam as a condition of
							 reinstatement followed by three (3) years' probation with monitoring.
$10, 000 fine and permanent revocation.
$10, 000 fine and permanent revocation.
(q) Section
							 460.413(1)(i)
							 or 456.072(1)(k),
							 F.S.: failure to perform statutory or legal obligation.
In addition to three (3) three hours Laws, Rules and
							 Ethics CE, from a minimum $1, 000 fine and a letter of concern, up to a maximum
							 $3, 000 fine and one (1) year suspension followed by two (2) years'
							 probation.
From a minimum three (3) three hours Laws, Rules and
							 Ethics CE, $2, 500 fine and one (1) year probation up to a maximum $5, 000
							 fine, 2 year suspension, SPEC Exam as condition of reinstatement followed by 2
							 years' probation or permanent revocation.
From a minimum $10, 000 fine and 1 year suspension up
							 to a maximum $10, 000 fine and permanent revocation.
1. Negligent filing of false report.
From a minimum $2, 000 fine, up to a maximum $5, 000
							 fine, two (2) hours Ethics and three (3) hours Laws and Rules CE and one (1)
							 year probation with records monitoring.
From a minimum $3, 000 fine and a reprimand to a
							 maximum $5, 000 fine, two (2) hours Ethics and three (3) hours Laws and Rules
							 CE and two (2) year suspension.
From a minimum $5, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
2. Willful filing of false report, impeding, or
							 inducing another to file false report.
From a minimum $5, 000 fine and one (1) year
							 suspension, followed by one (1) year probation with records monitoring, up to a
							 maximum of 1 year suspension, SPEC Exam as condition of license reinstatement,
							 followed by 3 years' probation.
From a minimum $5, 000 fine and three (3) year
							 suspension with two (2) hours Ethics and three (3) hours Laws and Rules CE and
							 passage of the SPEC Exam as conditions of licensure reinstatement followed by 3
							 years' probation with records monitoring up to a maximum $7, 500 fine and
							 permanent revocation.
From a minimum $10, 000 fine and five (5) year
							 suspension up to a maximum $10, 000 fine and permanent revocation.
(r) Section
							 460.413(1)(r),
							 F.S.: Gross or repeated malpractice or failure to practice at acceptable level
							 of reasonably prudent care, skill or treatment.
1. Gross malpractice.
From a minimum $2, 500 fine, up to a maximum $5, 000
							 fine and permanent revocation.
From a minimum $5, 000 fine and one (1) year
							 suspension followed by one (1) year probation up to a maximum $7, 500 fine,
							 three (3) year suspension followed by three (3) year probation or permanent
							 revocation.
From a minimum $10, 000 fine, two (2) years
							 suspension and two (2) years' probation up to a maximum $10, 000 fine and
							 permanent revocation.
2. Repeated malpractice.
From a minimum $1, 000 fine, three (3) hours Laws,
							 Rules and Ethics CE, and one (1) year suspension followed by one (1) year
							 probation up to a maximum $6, 000 fine, two (2) year suspension, three (3)
							 hours Laws, Rules and Ethics CE and passage of the SPEC Exam as conditions of
							 license reinstatement, followed by two (2) year probation with monitoring or
							 permanent revocation.
From a minimum $5, 000 fine, two (2) year suspension
							 and two (2) year probation up to a maximum $10, 000 fine, four (4) year
							 suspension, three (3) hours Laws, Rules and Ethics CE and passage of the SPEC
							 Exam as conditions of license reinstatement, followed by four (4) years'
							 probation with monitoring or permanent revocation.
$10, 000 fine and permanent revocation (minimum and
							 maximum same).
3. Unacceptable level of care, skill, and
							 treatment.
For a first offense, from a minimum $3, 000 fine, 1
							 year suspension followed by two (2) years' probation up to a maximum $6, 000
							 fine, 5 year suspension, SPEC Exam as condition of licensure reinstatement,
							 followed by 2 year probation with monitoring.
From a minimum $5, 000 fine and 2 year suspension,
							 passage of SPEC Exam as condition of license renewal, followed by two (2)
							 years' probation with monitoring up to a maximum $8, 000 fine and three (3)
							 year suspension, six (6) hours Documentation and Coding CE and passage of the
							 SPEC Exam as a condition of license reinstatement, followed by three (3) years'
							 probation with monitoring or permanent revocation.
For a third offense, from a minimum $7, 500 fine, one
							 (1) year suspension then two (2) years, probation up to a maximum
$
10, 000 fine and/or permanent revocation.
(s) Section
							 460.413(1)(k)
							 or 456.072(1)(m),
							 F.S.: misrepresentations/trick or scheme.
In addition to two (2) hours Ethics CE, from a
							 minimum $1, 000 fine and one (1) year probation, up to a maximum $3, 000 fine,
							 one (1) year suspension, followed by two (2) years' probation.
In addition to two (2) hours Ethics CE, from a $5,
							 000 fine and two (2) years suspension with passage of the SPEC Exam as a
							 condition of license reinstatement followed by two (2) years' probation up to a
							 maximum $7, 500 fine and permanent revocation.
Permanent Revocation.
(t) Section
							 460.413(1)(l)
							 or 456.072(1)(y),
							 F.S.: soliciting patients or commercial solicitation from accident report
							 information.
From a minimum $3, 000 fine and two (2) years'
							 probation, up to a maximum $6, 000 fine, two (2) year suspension followed by
							 two (2) year probation and two (2) hours Ethics and three (3) hours Laws and
							 Rules CE.
From a minimum $5, 000 fine and one year suspension
							 followed by two (2) years' probation, up to a maximum $10, 000 fine, and
							 permanent revocation.
Permanent Revocation.
(u) Section
							 460.413(1)(m),
							 F.S.: medical recordkeeping.
In addition to three (3) hours Laws, Rules and Ethics
							 and six (6) hours Documentation and Coding CE, from a minimum $1, 000 fine and
							 one (1) year probation with records monitoring, up to a maximum $3, 000 fine,
							 six (6) months suspension, followed by one (1) year probation with records
							 monitoring.
From a minimum of $2, 500 fine and one (1) year
							 suspension followed by one (1) year probation up to a maximum $10, 000 fine,
							 one (1) year suspension followed by two (2) years' probation.
From a minimum $7, 500 fine and two (2) years
							 suspension, followed by two (2) years' probation with records monitoring up to
							 a maximum $10, 000 fine and permanent revocation.
(v) Section
							 460.413(1)(n)
							 or 456.072(1)(n),
							 F.S.: exploit patient for financial gain.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum $2, 000 fine and one (1) year probation, up
							 to a maximum $4, 000 fine and two (2) year suspension followed by two (2)
							 years' probation of license.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE from a $3, 000 fine, one (1) year suspension with passage
							 of the SPEC Exam as a condition of reinstatement followed by two (2) year
							 probation with monitoring up to a maximum $7, 500 fine or permanent
							 revocation.
From a minimum $7, 500 fine, two (2) years suspension
							 followed by two (2) years' probation up to a maximum $10, 000 fine and
							 permanent revocation.
(w) Section
							 460.413(1)(o),
							 F.S.: unauthorized services.
From a minimum $1, 000 fine and one (1) year
							 probation with monitoring, up to a maximum $3, 000 fine and two (2) years'
							 probation with monitoring.
From a minimum $3, 000 fine and two (2) years'
							 probation with monitoring, up to a maximum $5, 000 fine, two (2) years
							 suspension with passage of the SPEC Exam as a condition of license
							 reinstatement followed by two (2) years' probation with monitoring or permanent
							 revocation.
For a third offense, from a minimum $5, 000 fine, two
							 (2) year suspension with passage of the SPEC Exam as a condition of license
							 reinstatement followed by two (2) years' probation with monitoring, up to a
							 maximum $10, 000 fine and permanent revocation.
(x) Section
							 460.413(1)(p),
							 F.S.: dispensing drugs/performing surgery.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum fine of $5, 000 and one year of probation,
							 up to a maximum fine of $10, 000 and five (5) year suspension with passage of
							 the SPEC Exam as a condition of license reinstatement followed by two (2)
							 years' probation.
$10, 000 fine and permanent revocation.
$10, 000 fine and permanent revocation.
(y) Section
							 460.413(1)(q)
							 or 456.072(1)(z),
							 F.S.: unable to practice with reasonable skill and safety.
From a minimum $1, 000 fine, three (3) years'
							 probation and referral for a PRN evaluation, up to a maximum of one (1) year
							 suspension, with a recommendation of ability to practice with reasonable skill
							 and safety to patients as a condition of reinstatement, followed by three (3)
							 years' probation.
From a $3, 500 fine, referral for a PRN evaluation,
							 and one (1) year suspension with a recommendation of ability to practice with
							 reasonable skill and safety to patients as a condition of reinstatement,
							 followed by four (4) years' probation to a maximum of three (3) year suspension
							 with a recommendation of ability to practice with reasonable skill and safety
							 to patients and passage of the SPEC Exam as conditions of reinstatement, and a
							 $7, 500 fine or permanent revocation.
From a minimum $5, 000 fine, suspension until PRN
							 referral and evaluation followed by five (5) years' probation up to a maximum
							 $10, 000 fine and permanent revocation.
(z) Section
							 460.413(1)(t)
							 or 456.072(1)(o),
							 F.S.: practicing beyond scope or competency.
In addition to three (3) three hours Laws, Rules and
							 Ethics CE, from a minimum $1, 000 fine and a letter of concern, up to a maximum
							 $3, 000 fine and one (1) year suspension followed by two (2) years'
							 probation.
From a minimum three (3) three hours Laws, Rules and
							 Ethics CE, $2, 500 fine and one (1) year probation up to a maximum $5, 000
							 fine, 2 year suspension, SPEC Exam as condition of reinstatement followed by 2
							 years' probation or permanent revocation.
From a minimum $10, 000 fine and 1 year suspension up
							 to a maximum $10, 000 fine and permanent revocation.
(aa) Section
							 460.413(1)(s),
							 F.S.: experimentation on human subjects without consent.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a $2, 000 fine and five (5) years' probation, up to a
							 maximum of five (5) year suspension, passage of the SPEC Exam as condition of
							 reinstatement, followed by two (2) years' probation.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum $5, 000 fine, one (1) year suspension and
							 five (5) years' probation up to permanent revocation.
$10, 000 fine and permanent revocation.
(bb) Section
							 460.413(1)(t)
							 or 456.072(1)(o),
							 F.S.: practicing beyond the scope permitted or competent to perform.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, a minimum $2, 500 fine and one (1) year probation with monitoring, up to a
							 maximum two (2) year suspension followed by two (2) years' probation with
							 monitoring and a $5, 000 fine.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum $5, 000 fine and two (2) year suspension
							 followed by two (2) years' probation up to a maximum $7, 500 fine, four (4)
							 year suspension, passage of the SPEC Exam as condition of license
							 reinstatement, followed by four (4) year probation.
From a minimum $10, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
(cc) Section
							 460.413(1)(u)
							 or 456.072(1)(p),
							 F.S.: delegating responsibilities to unqualified person.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, $1, 000 fine and a Letter of Concern.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum $5, 000 fine, one (1) year suspension
							 followed by two (2) years' probation with monitoring to a maximum of a $7,
							 500.
From a minimum $10, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
(dd) Section
							 460.413(1)(v)
							 or 456.072(1)(q),
							 F.S.: violating any lawfully issued order or subpoena.
From a minimum $1, 000 fine and a letter of concern,
							 up to a maximum three (3) hours Laws, Rules and Ethics CE.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, from a minimum $3, 000 fine and/or two (2) years of
							 probation up to a maximum $5, 000 fine or one (1) year suspension.
From a minimum $7, 500 fine and six (6) month
							 suspension followed by probation up to a maximum $10, 000 fine and permanent
							 revocation.
(ee) Section
							 460.413(1)(w),
							 F.S.: conspiring or committing an act to prevent a licensee from
							 advertising.
From a minimum $1, 000 fine to a maximum of Letter of
							 Concern and two (2) hours Ethics and Three (3) hours Laws and Rules CE.
From a minimum $3, 000 fine and six (6) months
							 suspension up to a maximum $5, 000 fine, one (1) year suspension, two (2) hours
							 Ethics and Three (3) hours Laws and Rules CE as conditions of reinstatement of
							 license.
From a minimum $7, 500 fine and two (2) year
							 suspension followed by probation up to a maximum $10, 000 fine and/or permanent
							 revocation.
(ff) Section
							 460.413(1)(x)
							 or 456.072(1)(ee),
							 F.S.: submitting claims for treatment not provided.
From a minimum $3, 000 fine and two (2) year
							 probation, up to a maximum $5, 000 fine or one (1) year suspension, three (3)
							 hours Laws and Rules, two (2) hours Ethics and six (6) hours Documentation and
							 Coding CE as conditions of licensure reinstatement, followed by one (1) year
							 probation with records monitoring.
From a minimum $5, 000 fine and one (1) year
							 suspension followed by two (2) years' probation with monitoring to a maximum
							 $7, 500 fine and five (5) year suspension, SPEC Exam as condition of licensure
							 reinstatement, followed by five (5) years' probation with monitoring.
$10, 000 fine and permanent revocation.
(gg) Section
							 460.413(1)(y),
							 F.S.: commingling or conversion of patient funds and financial
							 recordkeeping.
In addition to three (3) hours Laws and Rules CE,
							 from a minimum $2, 000 fine and one (1) year probation, up to a maximum $4, 000
							 fine, one (1) year suspension followed by one (1) year probation with records
							 monitoring and three (3) hours Laws and Rules and two (2) hours Ethics
							 CE.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Documentation and Coding CE, from a minimum $5, 000 fine and one (1)
							 year suspension followed by one (1) year probation with records monitoring to a
							 maximum of $7, 500 fine, five (5) year suspension, passage of the SPEC Exam as
							 condition of reinstatement of license, followed by five (5) years' probation
							 with records monitoring.
From a minimum $7, 500 fine and one (1) year
							 suspension, followed by two (2) years' probation with records monitoring up to
							 a maximum $10, 000 fine and permanent revocation.
(hh) Section
							 460.413(1)(z),
							 F.S.: offering or accepting payment by assignment if it appears to eliminate
							 requirement for insured to pay deductible.
From minimum $1, 000 fine and a letter of concern up
							 to a maximum $3, 000 fine and three (3) hours Laws, Rules and Ethics CE.
From a minimum $3, 000 fine and one (1) year
							 probation with monitoring to a maximum $5, 000 fine and one (1) year suspension
							 followed by one (1) probation with records monitoring and three (3) hours Laws,
							 Rules and Ethics CE.
From a minimum of a $10, 000 fine up to a $10, 000
							 fine and permanent revocation.
(ii) Section
							 460.413(1)(aa),
							 F.S.: failure to provide insured with copy of claim (citation offense).
From a minimum $1, 000 fine and Letter of Concern up
							 to a maximum of two (2) hours Ethics and Three (3) hours Laws and Rules
							 CE.
From a minimum $3, 000 fine and one (1) year
							 probation to a maximum $4, 000 fine, two (2) hours Ethics and Three (3) hours
							 Laws and Rules CE and 3 years suspension, SPEC Exam as condition of license
							 reinstatement, followed by probation with monitoring.
From a minimum
$
10, 000 fine up to a
							 maximum $10, 000 fine and permanent revocation.
(jj) Section
							 460.413(1)(bb),
							 F.S.: advertised fee different from that submitted to payors.
From a minimum $2, 000 fine and one (1) year
							 probation with monitoring, to a maximum $5, 000 fine and two (2) years'
							 probation with records monitoring and three (3) hours Laws and Rules CE.
From a minimum of passage of the SPEC Exam or a $3,
							 500 fine and one (1) year suspension followed by one (1) year probation up to a
							 maximum $5, 000 fine and two (2) year suspension, passage of the SPEC Exam as
							 condition of license reinstatement, followed by two (2) year probation with
							 records monitoring and three (3) hours Laws and Rules and two (2) hours Ethics
							 CE.
In addition to three (3) hours Laws and Rules and two
							 (2) hours Ethics CE, From a minimum $7, 500 fine, two (2) year suspension
							 followed by two (2) year probation with monitoring, passage of the SPEC Exam as
							 a condition of licensure reinstatement, up to a maximum $10, 000 fine, five (5)
							 year suspension, passage of the SPEC Exam and six (6) hours Documentation and
							 Coding CE as conditions of licensure reinstatement, followed by five (5) years'
							 probation with monitoring or permanent revocation.
(kk) Sections
							 460.413(1)(cc),
							 456.062, F.S.: failure of
							 advertisement to state usual fee when offers free or discount services
							 (citation offense).
From a minimum $1, 000 fine, Letter of Concern and
							 three hours Laws, Rules and Ethics CE.
From a minimum $2, 000 fine and Letter of Concern up
							 to one (1) year probation with monitoring to approve all advertising and three
							 (3) hours Laws, Rules and Ethics CE.
$5, 000 fine, one (1) year suspension followed by one
							 (1) year probation with monitoring to approve all advertising and three (3)
							 hours Laws, Rules and Ethics CE.
(ll) Section
							 460.413(1)(dd),
							 F.S.: using acupuncture without certification.
$3, 000 fine and one (1) year probation, Letter of
							 Concern, and three (3) hours Laws, Rules and Ethics CE.
From a minimum of a $7, 500 fine and 3 year
							 suspension, passage of the SPEC Exam as a condition of license reinstatement,
							 followed by two (2) years' probation up to a maximum of a $7, 500 fine, three
							 (3) hours Laws, Rules and Ethics CE and three (3) year suspension followed by
							 three (3) year probation or permanent revocation of acupuncture
							 certification.
From a minimum of a $10, 000 fine up to a maximum
							 $10, 000 fine and permanent revocation.
(mm) Section
							 460.413(1)(ee),
							 F.S.: failure to report violation in the facility.
From a minimum of a letter of concern and a $1, 000
							 fine up to a maximum Letter of Concern and three (3) hours Laws, Rules and
							 Ethics CE.
From a minimum of a $2, 000 fine and one (1) year
							 probation up to a maximum $3, 000 fine, three (3) hours Laws, Rules and Ethics
							 CE, and two (2) year probation.
From a minimum $5, 000 fine and two (2) year
							 suspension followed by two (2) year probation up to a maximum $7, 500 fine,
							 passage of the SPEC Exam and three (3) hours Laws and Rules and two (2) hours
							 Ethics CE.
(nn) Section
							 460.413(1)(ff),
							 456.072(1)(b),
							 or 456.072(1)(dd),
							 F.S.: violating Chapters 460, 456, F.S., or any Board rules.
$1, 000 fine and a letter of concern.
From a minimum $5, 000 fine and two (2) years'
							 probation up to a maximum $10, 000 fine and permanent revocation of
							 license.
$10, 000 fine and permanent revocation.
(oo) Section
							 456.082, F.S.: disclosure of
							 confidential information.
Letter of Concern and three Hours Laws and Rules and
							 three hours Ethics CE.
From a minimum $4, 000 fine and one (1) year
							 suspension followed by one (1) year probation to three (3) year suspension,
							 SPEC Exam and three (3) hours Laws and Rules and three (3) hours Ethics as
							 conditions of licensure reinstatement followed by three (3) year
							 probation.
From a minimum $7, 500 fine and one (1) year
							 suspension followed by two (2) years' probation up to a maximum $10, 000 fine
							 and permanent revocation.
(pp) Section
							 456.057(6),
							 F.S.: timely and appropriate release of medical records.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum $1, 000 fine and a letter of concern up to a maximum $3, 000
							 fine and one (1) year of probation.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum $2, 500 fine and one (1) year probation to a maximum $5, 000
							 fine and six (6) month suspension followed by two (2) years' probation.
From a minimum $7, 500 fine and one (1) year
							 suspension followed by two (2) years' probation up to a maximum $10, 000 fine
							 and permanent revocation.
(qq) Section
							 456.072(1)(a),
							 F.S.: misleading, deceptive, or fraudulent representations.
From a minimum of one (1) year suspension and a fine
							 of $10, 000 per count or offense up to a maximum of five (5) year suspension,
							 three (3) hours Laws, Rules and Ethics CE and a fine of $10, 000 per count or
							 offense.
From a fine of $10, 000 per count or offense and 5
							 year suspension, SPEC Exam as condition of licensure reinstatement, up to a
							 maximum of permanent revocation.
From a minimum fine of $10, 000 per count or offense
							 and five (5) year suspension to a $10, 000 fine and permanent
							 revocation.
(rr) Section
							 456.072(1)(d),
							 F.S.: improper usage of laser device.
In addition to passage of a training/competency
							 course for the device type, from a minimum $1, 000 fine and one (1) year
							 probation up to a maximum $3, 000 fine and two (2) year suspension followed by
							 two (2) years' probation.
In addition to passage of a training/competency
							 course for the device type, from a minimum $3, 000 fine and one (1) year
							 suspension followed by one (1) year probation up to a maximum $6, 000 fine and
							 five (5) year suspension, SPEC Exam as condition of licensure reinstatement,
							 followed by five (5) years' probation.
From a minimum $10, 000 fine, up to a maximum $10,
							 000 fine and permanent revocation.
(ss) Section
							 456.072(1)(g),
							 F.S.: found liable in civil proceeding for knowingly filing a false report or
							 complaint against another licensee with DOH.
From a minimum $2, 000 fine to a maximum $3, 000
							 fine, a letter of concern and two (2) hours Ethics CE.
From a minimum of 2 hours Ethics CE, $3, 000 fine and
							 one (1) year suspension followed by one (1) year probation to a maximum $5, 000
							 fine and three (3) year suspension, SPEC Exam and two (2) hours Ethics CE as
							 conditions of licensure reinstatement, followed by three (3) years'
							 probation.
From a minimum $10, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
(tt) Section
							 456.072(1)(e),
							 F.S.: failure to comply with HIV/AIDS course requirements.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, a fine of $1, 000 and a letter of concern.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum fine of $2, 500 up to a maximum of one (1) year
							 probation.
A fine of $10, 000 and permanent revocation.
(uu) Section
							 456.072(1)(r),
							 F.S.: improper interference with investigation, inspection, or
							 discipline.
From a minimum letter of concern, $1, 000 fine and
							 one (1) year of probation up to a maximum $3, 000 fine and two (2) hours Ethics
							 CE.
In addition to two (2) hours Ethics CE, from a
							 minimum $5, 000 fine and three (3) year suspension, SPEC Exam as condition of
							 license reinstatement, followed by one (1) year probation up to a maximum $5,
							 000 fine or permanent revocation.
From a minimum $5, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
(vv) Section
							 456.072(1)(w),
							 F.S.: profiling and credentialing violations.
Three hours Laws, Rules and Ethics CE and a letter of
							 concern.
In addition to three hours Laws, Rules and Ethics CE,
							 from a minimum $2, 000 fine and one (1) year probation up to a maximum $3, 000
							 fine and two (2) years' probation.
From a minimum $5, 000 up to a maximum $10, 000 fine
							 and permanent revocation.
(ww) Section
							 456.072(1)(x),
							 F.S.: failure to comply with 30-day notification of convictions and nolo
							 pleas.
$1, 000 fine and a letter of concern and three (3)
							 hours Laws, Rules and Ethics CE.
From a minimum of a reprimand and a $5, 000 fine up
							 to one (1) year suspension followed by probation and a $10, 000 fine.
From a minimum $10, 000 fine up to a maximum $10, 000
							 fine and permanent revocation.
(xx) Section
							 456.072(1)(aa),
							 F.S.: testing positive on drug screening.
Suspension of license until PRN evaluation and
							 recommendation of ability to practice with reasonable skill and safety to
							 patients; if contract recommended, entry into contract and from a minimum $1,
							 000 fine and one (1) year suspension and two (2) years' probation and referral
							 for a PRN evaluation, up to a maximum of one (1) year suspension followed by
							 three (3) years' probation with monitoring.
From a $2, 500 fine and suspension until PRN referral
							 and evaluation followed by probation to a $10, 000 fine and permanent
							 revocation.
From a $5, 000 fine, suspension until PRN referral
							 and evaluation and five (5) years' probation up to a maximum $10, 000 fine and
							 permanent revocation.
(yy) Section
							 456.072(1)(bb),
							 F.S.: wrong patient, wrong-site, or wrong or unnecessary procedure.
In addition to six (6) hours CE in Documentation and
							 Coding, from a minimum $1, 000 fine and/or a reprimand, up to a maximum $3, 000
							 fine and one (1) year suspension followed by one (1) year probation with
							 monitoring.
In addition to six (6) hours CE in Documentation and
							 Coding, from a minimum $3, 000 fine and two (2) year suspension followed by two
							 (2) year probation with monitoring up to a maximum $6, 000 fine, five (5) year
							 suspension, passage of the SPEC Exam as condition of reinstatement, followed by
							 five (5) year probation with monitoring.
From a minimum $10, 000 fine and one (1) year
							 probation up to a maximum $10, 000 fine and permanent revocation.
(zz) Section
							 456.039(3),
							 F.S.: failing to update information pursuant to Section
							 456.039(1),
							 F.S., in writing within 45 days after the occurrence of an event or attainment
							 of a status required to be reported.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum $1, 000 fine to a maximum of letter of concern and three (3)
							 hours Laws, Rules and Ethics CE.
In addition to three (3) hours Laws, Rules and Ethics
							 CE, from a minimum of one (1) year probation to maximum of $3, 500 fine and
							 three (3) hours Laws, Rules and Ethics CE.
$10, 000 fine and permanent revocation.
(aaa) Section
							 456.072(1)(hh),
							 F.S.: for 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.
From a minimum of suspension until compliant with
							 contract and recommendation of ability to practice with reasonable skill and
							 safety to patients to $1, 000 fine and probation with monitoring.
From a minimum of suspension until compliant with
							 contract and recommendation of ability to practice with reasonable skill and
							 safety to patients to $3, 000 or permanent restriction on practice.
From a minimum of five (5) year suspension, followed
							 by permanent restriction on practice to a fine of $10, 000 and permanent
							 revocation.
(bbb) Section
							 456.072(1)(ii),
							 F.S.: for being convicted of or entering a plea of guilty or nolo contendere
							 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 Medicaid
							 program.
Permanent revocation and a fine of $10, 000.
(ccc) Section
							 456.072(1)(jj),
							 F.S.: for failing to remit the sum owed to state for an overpayment from
							 Medicaid program pursuant to a final order, judgment, or stipulation or
							 settlement.
From a minimum of a letter of concern to one (1) year
							 probation and a $1, 000 fine to a maximum of a reprimand, $2, 500 fine and two
							 (2) year suspension, three (3) hours Laws, Rules and Ethics and six (6) hours
							 Documentation and Coding CE as conditions of reinstatement.
From a minimum of a reprimand, $3, 000 fine and one
							 (1) year suspension followed by one (1) year probation up to a maximum of $6,
							 000 fine, three (3) year suspension followed by three (3) years' probation,
							 passage of the SPEC Exam, three (3) hours Laws, Rules and Ethics and six (6)
							 hours Documentation and Coding CE as conditions of license reinstatement or
							 permanent revocation.
From a minimum of a $5, 000 fine and one (1) year
							 suspension, to a maximum $10, 000 fine and permanent revocation.
(ddd) Section
							 456.072(1)(kk),
							 F.S.: for 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
							 participate in the program from which the practitioner was terminated has been
							 restored.
From a minimum of a letter of concern and $1, 000
							 fine to maximum of a reprimand, $2, 000 fine, and two (2) hours Ethics
							 CE.
From a minimum of a reprimand, $3, 000 fine and one
							 (1) year suspension followed by one (1) year probation to a maximum $5, 000
							 fine and two (2) hours Ethics CE.
From a minimum of a $5, 000 fine and one (1) year
							 suspension to a maximum $10, 000 fine and permanent revocation.
(eee) Section
							 456.072(1)(ll),
							 F.S.: for 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.
A fine of $10, 000 and Permanent revocation or denial
							 of license (minimum and maximum same).
(fff) Section
							 456.072(1)(nn),
							 F.S.: violating any provisions of Section
							 790.338, F.S., relating to
							 medical privacy concerning firearms.
$1, 000 fine and letter of concern.
From a minimum $5, 000 fine, six (6) month suspension
							 followed by one (1) year probation up to two (2) year suspension followed by
							 two (2) year probation.
From a minimum $10, 000 fine to a maximum $10, 000
							 fine and permanent revocation.
(ggg) Section
							 456.072(1)(oo),
							 F.S.: willfully failing to comply with Section
							 627.64194 or
							 641.513, F.S. as to indicate a
							 business practice - regarding provision of emergency services and insurance
							 billing.
From a minimum $1, 000 fine and one (1) year of
							 probation, up to a maximum $3, 000 fine.
From a minimum $5, 000 fine and six (6) month
							 suspension followed by two (2) years of probation to a maximum $10, 000 fine
							 and or permanent revocation.
$10, 000 fine and permanent revocation.
(hhh) Providing false information regarding Emotional
							 Support Animal without personal knowledge.
(Section
							 456.072(1)(pp),
							 F.S.)
Written reprimand to $500 fine and three (3) hours
							 Laws, Rules and Ethics CE.
Minimum of reprimand, $500 fine and 3 hours Laws,
							 Rules and Ethics CE to a maximum of $1, 000 fine, one (1) year suspension
							 followed by two (2) years' probation with records review.
Minimum of Reprimand, $1, 000 fine, 3 hours Laws,
							 Rules and Ethics CE and two years' probation with records monitoring to a
							 maximum of $10, 000 fine and one year suspension followed by five (5) years of
							 probation with records review.
(iii) Intentionally implanting a patient with an
							 embryo or human reproductive material without consent as to donor.
(Section
							 456.072(1)(qq),
							 F.S.)
Minimum of reprimand, $1, 000 fine, 3 hours Laws and
							 Rules and 3 hours Ethics and Boundaries CE to a maximum of $7, 500 fine, one
							 (1) year suspension followed by two (2) years' probation.
Minimum of $5, 000 fine, six (6) month suspension
							 followed by two (2) years' probation, passage of national Ethics and Boundaries
							 Exam as condition of reinstatement, to a maximum of $10, 000 fine and permanent
							 revocation of license.
$10, 000 fine and permanent revocation of
							 license.
(jjj) Failure to comply with Section
							 456.51, F.S.: regarding consent
							 for Pelvic Exams.
Written reprimand to $500 fine.
Minimum of reprimand, $500 fine and 3 hours Laws and
							 Rule Laws, Rules and Ethics s CE to a maximum of $1, 000 fine, one (1) year
							 suspension followed by two (2) years' probation with records review and
							 chaperone.
Minimum of Reprimand, $1, 000 fine, 3 hours Laws,
							 Rules and Ethics CE and passage of national Ethics and Boundaries Exam to a
							 maximum of $10, 000 fine and permanent revocation.
(kkk) Failure to comply with parental consent
							 requirements of Section
							 1014.06, F.S.
(Section
							 456.072(1)(rr),
							 F.S.)
From a letter of concern and an administrative fine
							 of $1, 000.00 to six (6) month probation and a $2, 500 fine, or denial of
							 licensure.
From a reprimand and an administrative fine of $2,
							 500.00 to one (1) year probation and a $5, 000.00 fine, or denial of
							 licensure.
From six (6) month probation and an administrate fine
							 of $5, 000 to Revocation and an administrative fine of $5, 000 to $10, 000, or
							 denial of licensure.
(lll) Conviction of or plea to crimes enumerated in
							 Section 456.074(5),
							 F.S. or similar offense in another jurisdiction.
(Section
							 456.072(1)(ss),
							 F.S.)
Revocation and administrative fine of $1, 000 to $5,
							 000, or denial of licensure.
Revocation and administrative fine of $5, 000 to $10,
							 000, or denial of licensure.
Revocation and administrative fine of $10, 000, or
							 denial of licensure.
(3)
				The Board may take into consideration the following factors in determining the
				appropriate disciplinary action to be imposed and in going outside of the
				disciplinary guidelines:
(a) The danger to the
				public;
(b) The number of unrelated
				and distinct offenses;
(c) The
				actual damage, physical or otherwise, to the patient(s);
(d) The length of time since the date of the
				last violation(s);
(e) The length
				of time the licensee has practiced his or her profession;
(f) Prior discipline imposed upon the
				licensee;
(g) The deterrent effect
				of the penalty imposed;
(h) The
				effect of the penalty upon the licensee's livelihood;
(i) Rehabilitation efforts of the licensee
				including remorse, restitution, and corrective actions;
(j) Efforts of the licensee to correct or
				stop violations or failure of the licensee to correct or stop
				violations;
(k) Related violations
				against the licensee in another state, including findings of guilt or
				innocence, penalties imposed and penalties served;
(l) The actual negligence of the licensee
				pertaining to any violation.