Fla. Admin. Code R. 64B14-7.003

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64B14-7.003 - Disciplinary Guidelines

(1) Purpose. The Board provides within this rule, disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 468, Part XIV, F.S., or a telehealth provider registered under Section 456.47(4), F.S. The purpose of this rule is to notify applicants, licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. Each range includes the lowest and highest penalty and all penalties falling in between. The purposes of the imposition of discipline are to penalize the applicants or licensees for violation and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Ranges of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and 120.57(2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

VIOLATION	PENALTY RANGE MINIMUM	PENALTY RANGE MAXIMUM
(a) Attempting to obtain a license, certificate, or registration by bribery, fraudulent misrepresentation or through an error of the Department or the Board. (Sections 468.811(1)(a), 456.072(1)(h), F.S.)
First Offense	$10,000 fine.	Denial/revocation $10,000 fine.
Second Offense	Revocation $10,000 fine.	Revocation $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Denial/revocation.	Denial/revocation.
Second Offense	Revocation.	Revocation.
(b) Action taken against license by another jurisdiction. (Sections 468.811(1)(b) and 456.072(1)(f), F.S.)
First Offense	Imposition of discipline which would have been imposed if the substantive violation occurred in Florida.	Suspension/denial or revocation until the license is unencumbered in the jurisdiction in which action was originally taken and $1,000 fine.
Second Offense	Imposition of discipline which would have been imposed if the substantiative violation occurred in Florida and a $1,000 fine.	Revocation until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and $2,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Imposition of discipline which would have been imposed if the violation occurred in Florida.	Suspension or denial until the license is unencumbered in the jurisdiction in which action was originally taken.
Second Offense	Imposition of discipline which would have been imposed if the violation occurred in Florida.	Revocation.
(c) Being convicted or found guilty of or pleading nolo contendere to, regardless of adjudication, in any jurisdiction, a crime that directly relates to practice or ability to practice the licensee's profession. (Sections 468.811(1)(c), and 456.072(1)(c), F.S.)
First Offense	6 months probation with conditions and $1,000 fine.	Denial/revocation and $5,000 fine.
Second Offense	1 year suspension and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	6 months suspension with corrective action plan.	Denial/revocation of registration.
Second Offense	1 year suspension with corrective action plan.	Revocation.
(d) Filing a false report or failing to file a report as required; willfully impeding or obstructing such filing; or inducing another person to impede or obstruct such filing. (Sections 468.811(1)(d), and 456.072(1)(l), F.S.)
First Offense	1 year probation with conditions and $100 fine.	6 months suspension 1 year probation with conditions and $250 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $250 fine.	Revocation and $500 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $500 fine.	Revocation and $1,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	6 months suspension of registration and 1 year probation with conditions.
Second Offense	18 months suspension with corrective action plan.	Revocation.
Third Offense	3 years suspension with corrective action plan.	Revocation.
(e) Fraudulent, false, deceptive, or misleading advertising. (Section 468.811(1)(e), F.S.)
First Offense	Reprimand and $10,000 fine.	6 months suspension and $10,000 fine.
Second Offense	1 year suspension and $10,000 fine	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	6 months suspension of registration.
Second Offense	1 year suspension with corrective action plan.	Revocation.
(f) Intentionally violating any rule adopted by the Board or the department as appropriate. (Sections 468.811(1)(j), and 456.072(1)(b), F.S.)
First Offense	6 months suspension, 1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $2,000 fine.
Second Offense	1 year suspension, 2 years probation with conditions, and $2,000 fine.	2 years suspension, 4 years probation with conditions and $4,000 fine.
Third Offense	2 years suspension, 4 years probation with conditions and $4,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	18 months suspension with corrective action plan.	3 years suspension with corrective action plan.
Second Offense	3 years suspension with corrective action plan.	5 years suspension with corrective action plan.
Third Offense	6 years suspension with corrective action plan.	Revocation.
(g) Kickbacks or split fee arrangements. (Sections 468.811(1)(j), and 456.054, F.S.)
First Offense	6 months suspension, 1 year probation with conditions and $500 fine.	Denial/revocation and $1000 fine.
Second Offense	1 year suspension, 2 years probation with conditions and $1,000 fine.	Revocation and $2500 fine.
Third Offense	2 years suspension, 3 years probation with conditions $2,500 fine.	Revocation and $5000 fine.
TELEHEALTH REGISTRANTS
First Offense	18 months suspension with corrective action plan.	Denial/revocation of registration.
Second Offense	3 years suspension with corrective action plan.	Revocation of registration.
Third Offense	5 years suspension with corrective action plan.	Revocation of registration.
(h) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee's profession. (Sections 468.811(1)(k), and 468.809, 456.072(1)(a), (m), F.S.)
First Offense	1 year probation with conditions and $10,000 fine.	1 year suspension, 1 year probation with conditions and $10,000 fine.
Second Offense	2 years suspension, 2 years probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	2 years suspension with corrective action.
Second Offense	4 years suspension with corrective action plan.	Revocation.
(i) Practicing orthotics, prosthetics, or pedorthics with a delinquent license. (Sections 456.036, and 468.811(i), F.S.)
First Offense	1 year suspension, 1 year probation with conditions and $1,000 fine.	2 years suspension, 2 years probation with conditions and $5,000 fine.
Second Offense	Revocation and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	2 years suspension with corrective action plan.	4 years suspension with corrective action.
Second Offense	Revocation.	Revocation.
(j) Failure to notify the Board of the licensee's current mailing address and place of practice. (Sections 456.035(1), F.S.)
First Offense	Notice of Non-Compliance.	Reprimand and $100 fine.
Second Offense	Reprimand and $100 fine.	3 months probation with conditions and $250 fine.
Third Offense	3 months probation with conditions and $250 fine.	6 months probation with conditions and $500 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	3 months suspension with corrective action plan.
Second Offense	3 months suspension with corrective action plan.	6 months suspension with corrective action plan.
(k) Violation of an order of the board, agency, or department previously entered in a disciplinary hearing, or failure to comply with a subpoena issued by the board, agency, or department. (Sections 468.811(1)(f), (j), and 456.072(1)(q), F.S.)
First Offense	Suspension until law, rule, order, or subpoena is complied with and $500 fine.	Revocation and $1,500 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $1,500 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Suspension of registration until law, rule, order, or subpoena is in compliance.	Revocation.
Second Offense	18 months suspension with corrective action plan.	Revocation.
(l) Practicing with a revoked license. (Section 468.811(1)(g), F.S.)
First Offense	Referral to state attorney for prosecution.	Referral to state attorney for prosecution and $5,000 fine.
Second Offense	Referral to state attorney for prosecution and $5,000 fine.	Referral to state attorney for prosecution for $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Referral to state attorney for prosecution.	Referral to state attorney for prosecution.
Second Offense	Referral to state attoeney for prosecution.	Referral to state attorney for prosecution.
(m) Practicing with a suspended license. (Section 468.811(1)(g), F.S.)
First Offense	Additional suspension period and $5,000 fine.	Additional suspension period and $7,500 fine.
Second Offense	Additional suspension period and $7,500 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Additional suspension period.	Additional suspension period.
Second Offense	Additional suspension period.	Revocation.
(n) Practicing with an inactive license or registration. (Section 468.811(1)(g), F.S.)
First Offense	$1,000 fine per month prior to reactivation.	$1,500 fine per month prior to reactivation.
Second Offense	$1,500 fine per month prior to reactivation.	$2,000 fine per month prior to reactivation.
TELEHEALTH REGISTRANTS
First Offense	Suspension until to reactivation of license and registration.	Suspension reactivation of license and registration.
Second Offense	Suspension until reactivation of license and registration.	Suspension until reactivation of license and registration.
(o) Malpractice. (Section 468.811(1)(h), F.S.)
First Offense	1 year probation with conditions, continuing education and $1,000 fine.	1 year suspension 2 years probation with conditions, continuing education and $5,000 fine.
Second Offense	1 year suspension, 2 years probation with conditions, continuing education and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan, continuing education.	3 years suspension with corrective action plan, continuing education.
Second Offense	3 years suspension with corrective action plan, continuing education.	Revocation.
(p) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 456.072(1)(g), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	6 months suspension, 1 year probation with conditions and $2,000 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $2,000 fine.	1 year suspension, 2 years probation with conditions and $4,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $4,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	18 months suspension with corrective action plan.
Second Offense	18 months suspension with corrective action plan.	3 years suspension with corrective action plan.
Third Offense	3 years suspension with corrective action plan.	Revocation.
(q) Failure to report another licensee in violation. (Section 456.072(1)(i), F.S.)
First Offense	Reprimand	Reprimand and $100 fine.
Second Offense	6 months probation with conditions and $500 fine.	6 months suspension, 6 months probation with conditions and $1,000 fine.
Third Offense	6 months suspension, 6 months probation with conditions and $1,000 fine.	1 year suspension, 1 year probation with conditions and $1,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	Reprimand.
Second Offense	6 months suspension with corrective action plan.	1 year suspension with corrective action plan.
Third Offense	1 year suspension with corrective action plan.	2 years suspension with corrective action plan.
(r) Assisting, procuring, employing, or advising any unlicensed person or entity to practice. (Section 456.072(1)(j), F.S.)
First Offense	1 year probation with conditions, and $1,000 fine.	6 months suspension, 1 year probation with conditions and $3,000 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $3,000 fine.	1 year suspension, 2 years probation with conditions and $6,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $6,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	18 months suspension with corrective action plan.
Second Offense	18 months suspension with corrective action plan.	3 years suspension with corrective action plan.
Third Offense	3 years suspension with corrective action plan.	Revocation.
(s) Failure to perform any statutory or legal obligation. (Section 456.072(1)(k), F.S.)
First Offense	Reprimand.	Reprimand and $250 fine.
Second Offense	Reprimand and $250 fine.	6 months probation with conditions and $500 fine.
Third Offense	6 months probation with conditions and $500 fine.	1 year probation with conditions and $1,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	Reprimand.
Second Offense	Reprimand.	6 months probation with corrective action plan.
Third Offense	6 months suspension with corrective action plan.	1 year suspension with corrective action plan.
(t) Exercising influence on a patient for financial gain. (Section 456.072(1)(n), F.S.)
First Offense	1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $5,000 fine.
Second Offense	Revocation and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	3 years suspension with corrective action plan.
Second Offense	Revocation of registration.	Revocation.
(u) Practicing, offering to practice, beyond the scope permitted by law or accepting and performing professional responsibilities the registrant knows, or has reason to know, the registrant is not competent to perform. (Sections 456.072(1)(o), F.S.)
First Offense	6 months probation with conditions including refund of fees billed and collected and $500 fine.	6 months suspension, 6 months probation with conditions or denial/revocation and $10,000 fine.
Second Offense	6 months suspension, 6 months probation with conditions and $1,000 fine.	1 year suspension, 1 year probation with conditions and $10,000 fine.
Third Offense	1 year suspension, 1 year probation with conditions and $2,500 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	6 months suspension with corrective action plan including refund of fees billed and collected.	1 year suspension with corrective action plan or denial/revocation.
Second Offense	1 year suspension with corrective action plan.	2 years suspension with corrective action plan.
Third Offense	2 years suspension with corrective action plan.	Revocation.
(v) Failure to provide written notice of any applicable warranty for an orthosis, prosthesis, or pedorthic device that is provided to any patient. (Section 468.811(1)(i), F.S.)
First Offense	Reprimand	Reprimand and $500 fine.
Second Offense	Reprimand and $500 fine.	6 months probation with conditions and $1,000 fine.
Third Offense	6 months probation with conditions and $1,000 fine.	1 year probation with conditions and $2,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	Reprimand.
Second Offense	Reprimand.	6 months suspension with corrective action plan.
Third Offense	6 months suspension with corrective action plan.	1 year suspension with corrective action plan.
(w) Delegating or contracting for the performance of professional responsibilities by a person when the registrant delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them. (Section 456.072(1)(p), F.S.)
First Offense	1 year probation with conditions and $500 fine.	6 months suspension, 1 year probation with conditions and $1,000 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $2,500 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $2,500 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	18 months suspension with a corrective action plan.
Second Offense	18 months suspension with a corrective action plan.	3 years suspension with a corrective action plan.
Third Offense	3 years suspension with a corrective action plan.	Revocation.
(x) Improperly interfering with an investigation or inspection authorized by statute, or with a disciplinary proceeding. (Section 456.072(1)(r), F.S.)
First Offense	6 months probation with conditions and $500 fine.	6 months suspension 1 year probation with conditions and $1,000 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $1,000 fine.	1 year suspension, 2 years probation with conditions and $2,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $2,000 fine.	Revocation and $5,000 fine.
TELEHEALTH REGISTRANTS
First Offense	6 months suspension with corrective action plan.	18 months suspension with a corrective action plan.
Second Offense	18 months suspension with a corrective action plan.	3 years suspension with a corrective action plan.
Third Offense	3 years suspension with a corrective action plan.	Revocation.
(y) Engaging or attempting to engage in sexual misconduct as defined and prohibited in Section 456.063(1), F.S. (Section 456.072(1)(v), F.S.)
First Offense	1 year suspension, 4 years probation with conditions and $2,500 fine.	Denial/revocation and $5,000 fine.
Second Offense	Revocation and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	5 years suspension with corrective action plan.	Denial/revocation of registration.
Second Offense	Revocation of registration.	Revocation.
(z) Failure to report to the Board before October 1, 1999, any convictions, findings of guilt, or pleas of nolo contendere entered before July 1, 1999, that have not previously been reported. (Section 456.072(1)(x), F.S.)
First Offense	Reprimand and $250 fine.	6 months probation with conditions and $500 fine.
Second Offense	6 months probation with conditions and $500 fine.	6 months suspension, 6 months probation with conditions and $1,000 fine.
Third Offense	6 months suspension, 6 months probation with conditions and $1,000 fine.	Revocation and $2,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	6 months suspension with corrective action plan.
Second Offense	6 months suspension with corrective action plan.	1 year suspension with corrective action plan.
Third Offense	1 year suspension with corrective action plan.	Revocation.
(aa) Being convicted or found guilty of or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of or ability to practice a licensee's profession. (Sections 468.811(1)(b), and 456.072(1)(c), F.S.
First Offense	6 months probation with conditions and $1,000 fine.	Denial/revocation and $5,000 fine.
Second Offense	1 year suspension and $5,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	6 months suspension with a corrective action plan.	Denial/revocation of registration.
Second Offense	1 year suspension with corrective action plan.	Revocation.
(bb) 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. (Section 456.072(1)(m), F.S.)
First Offense	1 year probation with conditions and $10,000 fine.	1 year suspension, 1 year probation with conditions and $10,000 fine.
Second Offense	1 year suspension, 1 year probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
Third Offense	2 years suspension, 2 years probation with conditions and $10,000 fine.	Revocation and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension with corrective action plan.	2 years suspension with corrective action plan.
Second Offense	2 years suspension with corrective action plan.	Revocation.
Third Offense	4 years suspension with corrective action plan.	Revocation.
(cc) Failing to report to the board within 30 days after the licensee has been convicted or found guilty of, or entered into a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction. (Section 456.072(1)(x), F.S.)
First Offense	Reprimand and $250 fine.	6 months suspension, 1 year probation with conditions and $500 fine.
Second Offense	6 months suspension, 1 year probation with conditions and $500 fine.	1 year suspension, 2 years probation with conditions and $1,000 fine.
Third Offense	1 year suspension, 2 years probation with conditions and $1,000 fine.	Revocation and $2,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	6 months suspension of registration, 1 year probation with conditions.
Second Offense	18 months suspension with corrective action plan.	3 years suspension with corrective action plan.
Third Offense	3 years suspension with corrective action plan.	Revocation.
(dd) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for solicitation of the people involved in the accidents. (Section 456.072(1)(y), F.S.
First Offense	Citation.	Citation and $250 fine.
Second Offense	Reprimand and $250 fine.	Reprimand and $500 fine.
Third Offense	Reprimand and $500 fine.	6 months probation with conditions and $1,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Letter of Concern.	Letter of Concern.
Second Offense	Reprimand.	Reprimand.
Third Offense	Reprimand.	6 months suspension with corrective action plan.
(ee) Being terminated from an impaired practitioner treatment program for failure to comply with terms of contract or for not successfully completing any drug-treatment or alcohol-treatment program. (Section 456.072(1)(hh), F.S.)
First Offense	Suspension until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions.	Revocation.
Second or Subsequent Offense	Suspension until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by up to 5 years probation with conditions, or revocation, and up to $2,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Suspension of registration until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by up to a 5 years suspension with corrective action plan.	Revocation.
Second or Subsequent Offense	Suspension of registration until the licensee is able to domonstrate ability to practice with reasonable skill and safety, followed by up to a 5 years suspension with corrective action plan or revocation.
(ff) 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 the Medicaid program. (Section 456.072(1)(ii), F.S.)
First Offense	Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense	Revocation/Denial of registration.
(gg) Failing to remit the sum owed to the state for an overpayment from the Medicaid program pursuant to a final order, judgment, or stipulation or settlement. (Section 456.072(1)(jj), F.S.)
First Offense	Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense	Revocation/Denial of registration.
(hh) 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. (Section 456.072(1)(kk), F.S.)
First Offense	Revocation/Denial of license.
TELEHEALTH REGISTRANTS
First Offense	Revocation/Denial of registration.
(ii) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (Section 456.072(1)(ll), F.S.)
First Offense	Revocation/Denial and $10,000 fine.
TELEHEALTH REGISTRANTS
First Offense	Revocation/Denial of registration.
(jj) Providing information, including written documentation, indicating that a person's need for an emotional support animal under Section 760.27, F.S., without personal knowledge of the person's disability or disability-related need for the specific emotional support animal. (Section 456.072(1)(pp), F.S.
First Offense	1 year suspension.	1 year suspension with corrective action plan.
Second or Subsequent Offense	2 years suspension with corrective action plan.	Revocation.
TELEHEALTH REGISTRANTS
First Offense	1 year suspension.	1 year suspension with a corrective action plan.
Second or Subsequent Offense	2 years suspension with corrective action plan.	Revocation.
(kk) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)
First Offense	Reprimand and a fine of $250.	$500 fine and one (1) year probation.
Second Offense	$500 fine and one (1) year of probation.	Revocation.
TELEHEALTH REGISTRANTS
First Offense	Reprimand.	Suspension and a corrective action plan.
Second Offense	Suspension and a corrective action plan.	Revocation.
(ll) Being convicted or found guilty of, entering a plea of guilty or nolo contedere to, or committing or attempting, coliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5), F.S. (Section 456.072(ss), F.S.)
First Offense	Revocation.	Revocation.
Second Offense	Revocation.	Revocation.
TELEHEALTH REGISTRANTS
First Offense	Revocation.	Revocation.
Second Offense	Revocation.	Revocation.
(mm) Failure to display hyperlink on telehealth registrant's website. (Section 456.47(4)(c), F.S.
TELEHEALTH REGISTRANTS
First Offense	Letter of Concern.	Suspension until compliant and corrective action plan.
Second Offense	Suspension until compliant and a corrective action plan.	Revocation.
(nn) Failing to notify the board of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction within 5 business days after the restriction is placed or disciplinary action is initiated or taken. (Section 456.47(4)(d), F.S.)
TELEHEALTH REGISTRANTS
First Offense	Letter of Concern to suspension and a corrective action plan.	Revocation.
Second Offense	Suspension and a corrective action plan.	Revocation.
(oo) Opening an office in Florida or providing in-person healthcare services to patients in Florida. (Section 456.47(4)(f), F.S.)
TELEHEALTH REGISTRANTS	MINIMUM	MAXIMUM
First Offense	Suspension until compliant and a corrective action plan.	Revocation.
Second Offense	Minimum of 1 year suspension until compliant and corrective action plan to revocation of denial.	Revocation.

(3) The Board shall take into consideration the following factors in determining whether to go outside of the disciplinary guidelines and the appropriate discipline to be imposed outside of the disciplinary guidelines:

(a) The danger to the public;

(b) The actual damage, physical or otherwise, to specific patients;

(c) The length of time since the date of the last violation(s);

(d) The length of time the licensee has practiced the profession;

(e) Prior discipline imposed on the licensee;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the licensee;

(h) Efforts by the licensee toward rehabilitation;

(i) Attempts by the licensee to correct or stop violations;

(j) Negligent actions resulting in financial harm to the patient.

(k) Vulnerability of the patient due to age, illness, or disability.

(4) Whenever the Board, in any proceeding, imposes a fine, costs, or orders repayment of any monies, unless a longer period of time is stated in the order imposing the obligation, the money shall be paid within 30 days of the date of the order that imposes the obligation.

Fla. Admin. Code Ann. R. 64B14-7.003

Rulemaking Authority 456.072 (4), 456.079(1), 456.47(7), 468.802 FS. Law Implemented 456.072, 456.079(2), 456.47, 468.811, 760.27 FS.

New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10, Amended by Florida Register Volume 43, Number 181, September 19, 2017 effective 10/4/2017, Amended by Florida Register Volume 47, Number 203, October 19, 2021 effective 11/1/2021.

New 7-1-98, Amended 9-17-00, 7-5-06, 7-6-10, 10-4-17, 11-1-21.