Fla. Admin. Code R. 64B8-30.015

Current through Reg. 50, No. 244; December 17, 2024

Section 64B8-30.015 - Disciplinary Guidelines

(1) Purpose. Pursuant to Section 456.079, F.S., the Boards provide within this rule disciplinary guidelines which shall be imposed upon physician assistant applicants or licensees whom it regulates under Chapters 458 and 459, F.S., or telehealth providers registered under Section 456.47(4), F.S. The purpose of this rule is to notify such 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 Boards shall consider a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between, including continuing medical education (CME). For telehealth registrants, a suspension may be accompanied by a corrective action plan that addresses the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term. The purposes of the imposition of discipline are to punish the applicants or licensees for violations 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 Range of Penalties. In imposing discipline upon physician assistant applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. In addition to the guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count. In no event for the penalties set forth below shall the fine exceed $10,000.00 per count.

VIOLATIONS	RECOMMENDED PENALTIES
					FOR TELEHEALTH REGISTRANTS
	First Offense	Subsequent Offenses	First Offense	Subsequent Offenses
(a) Attempting to obtain alicense or certificate by bribery, fraud or through an error of the Department or the Board. (Sections 458.331(1)(a); 456.072(1)(h), F.S.)
1. Attempting to obtain an initial license by bribery or fraud.	1. Denial of application and a $10,000.00 fine.		1. Denial of application.
2. Attempting to renew a license by bribery or fraud.	2. Revocation of the license and payment of a $10,000 fine.		2. Revocation
3. Obtaining or renewing a license by bribery or fraud.	3. Revocation of the license and payment of a $10,000 fine.		3. Revocation
4. Obtaining or renewing a license through error of the Department or the Board.	4. Revocation.		4. Revocation
(b) Action taken against license by another jurisdiction. (Sections 458.331(1)(b); 456.072(1)(f); 456.47(4)(d), F.S.)	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to reprimand through 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.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension and revocation 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 $2,500.00 to $5,000.00.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken.	(b) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to revocation or denial of the license.
1. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,000.00.	1. Revocation and an administrative fine of $10,000.00, or in the case of application for licensure, denial of licensure.		1. Revocation or in the case of application for licensure, denial of licensure.
2. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts of $5,000.00 or less.	2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in case of application for licensure, denial of licensure.	2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure.	2. A suspension of license with a corrective action plan to revocation.	2. Revocation or denial.
(c) Guilty of crime directly relating to practice or ability to practice. (Sections 458.331(1)(c); 456.072(1)(c), F.S.)	(c) From reprimand to revocation or denial of license, and an administrative fine of $1,000.00 to $5,000.00.	(c) From probation to revocation or denial of the license, and an administrative fine ranging from $2,500.00 to $5,000.00.	(c) From a reprimand to revocation or denial.	(c) From suspension to revocation or denial.
1. Involving a crime directly related to healthcare fraud in dollar amounts in excess of $5,000.00.	1. Revocation and an administrative fine of $10,000.00, or in the case of application for licensure, denial of licensure.		1. Revocation or denial.
2. Involving a crime directly related to healthcare fraud in dollar amounts of $5,000.00 or less.	2. An administrative fine of $10,000.00 and a reprimand through suspension to revocation of the license, or in case of application for licensure, denial of licensure.	2. An administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure.	2. Suspension of license with a corrective action plan to revocation.	2. Revocation.
(d) False, deceptive, or misleading advertising. (Section 458.331(1)(d), F.S.)	(d) From a letter of concern to one (1) year suspension to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $10,000.	(d) From a reprimand to up to one (1) year suspension to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.	(d) From a letter of concern to one (1) year suspension with a corrective action plan or denial.	(d) From a reprimand to up to one (1) year suspension with a corrective action plan or denial.
(e) Failure to report another licensee in violation. (Sections 458.331(1)(e); 456.072(1)(i), F.S.)	(e) From a letter of concern to probation and an administrative fine ranging from $1,000.00 to $2,500.00, or denial of licensure.	(e) From reprimand to suspension or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.	(e) From letter of concern to suspension with a corrective action plan or denial.	(e) From a suspension with a corrective action plan to revocation.
(f) Aiding unlicensed practice. (Sections 458.331(1)(f); 456.072(1)(j), F.S.)	(f) From reprimand to suspension, followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(f) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(f) From reprimand to suspension with corrective action plan or denial.	(f) From suspension to revocation or denial.
(g) Failure to perform legal obligation. (Sections 458.331(1)(g); 456.072(1)(k), F.S.)	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a letter of concern to revocation or denial of licensure, and an administrative fine from $1,000.00 to $5,000.00.	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial, and an administrative fine from $2,500.00 to $5,000.00.	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a letter of concern to revocation or denial, unless otherwise provided by law.	(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial, unless otherwise provided by law.
1. Continuing medical education (CME) violations. (Sections 456.072(1)(e); 456.072(1)(s); 456.033(1), F.S.)	1. Document compliance with the CME requirements for the relevant period; AND:	1. Document compliance with the CME requirements for the relevant period; AND:	Not applicable to telehealth registrants.	Not applicable to telehealth registrants.
a. Failure to document required HIV/AIDS.	a. An administrative fine ranging from $250.00 to $500.00.	a. An administrative fine ranging from $500.00 to $1,000.00.	Not applicable to telehealth registrants.	Not applicable to telehealth registrants.
b. Failure to document required domestic violence CME.	b. An administrative fine ranging from $250.00 to $500.00.	b. An administrative fine of $500.00 to $1,000.00.	Not applicable to telehealth registrants.	Not applicable to telehealth registrants.
c. Failure to document required HIV/AIDS and failure to document domestic violence CME.	c. An administrative fine ranging from $500.00 to $1,000.00.	c. An administrative fine ranging from $1,000.00 to $2,000.00.	Not applicable to telehealth registrants.	Not applicable to telehealth registrants.
2. Failing to report to the Board within 30 days after the licensee has been convicted of a crime in any jurisdiction. (Section 456.072(1)(x), F.S.) Or failing to report to the Board convictions prior to the enactment of this section, in writing, on or before October 1, 1999. (Section 456.072(1)(x), F.S.)	2. From an administrative fine ranging from $1,000.00 to $5,000.00 and a reprimand or denial.	2. From an administrative fine ranging from $2,500.00 to $5,000.00 and a reprimand or denial.	2. From a letter of concern to a reprimand or denial.	2. From suspension to revocation.
3. Failing to disclose financial interest to patient. (Section 456.052, F.S.)	3. A refund of fees paid by or on behalf of the patient and from an administrative fine of $1,000.00, to a reprimand, and an administrative fine of $2,500.00.	3. A refund of fees paid by or on behalf of the patient and from a reprimand, and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00.	3. A refund of fees paid by or on behalf of the patient and a letter of concern to a reprimand.	3. A refund of fees paid by or on behalf of the patient and reprimand to a suspension.
(h) Filing a false report or failing to file a report as required. (Sections 458.331(1)(h); 456.072(1)(l), F.S.)
1. Negligently filing a false report or failing to file a report as required.	1. From a letter of concern or denial to one (1) year probation, and an administrative fine from $1,000.00 to $5,000.00.	1. From one (1) year probation to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.	1. From a letter of concern to a reprimand or denial.	1. From a reprimand to revocation.
2. Fraudulently filing a false report or failing to file a report as required.	2. From one (1) year probation to revocation or denial and a $10,000.00 fine.	2. From suspension, to be followed by a period of probation, to revocation and a $10,000.00 fine.	2. From a reprimand to revocation or denial.	2. From suspension to revocation.
(i) Kickbacks or split fee arrangements. (Section 458.331(1)(i), F.S.)	(i) A refund of fees paid by or on behalf of the patient, and from a reprimand and an administrative fine of $1,000.00 to a reprimand and an administrative fine of $5,000.00, or denial of licensure.	(i) A refund of fees paid by or on behalf of the patient, and from suspension to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(i) A refund of fees paid by or on behalf of the patient, and from a reprimand to six (6) months suspension with a corrective action plan, or denial.	(i) A refund of fees paid by or on behalf of the patient, and from a one (1) year suspension with a corrective action plan, to revocation.
(j) Sexual Misconduct. (Sections 458.331(1)(j); 458.329; 456.072(1)(v), F.S.)	(j) From one (1) year suspension to be followed by a period of probation and a reprimand, and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of licensure.	(j) Revocation.	(j) From one (1) year suspension with a corrective action plan, and a reprimand, to revocation or denial.	(j) Revocation.
(k) Deceptive, untrue, or fraudulent representations in the practice of medicine. (Sections 458.331(1)(k); 456.072(1)(a), (m), F.S.)	(k) From a reprimand, to revocation, or denial of licensure, and an administrative fine from $5,000.00 to $10,000.00. If the offense includes an element of fraud or making a false or fraudulent representation the fine shall be $10,000.00.	(k) From suspension, to be followed by a period of probation, to revocation or denial, and an administrative fine from $7,500.00 to $10,000.00. If the offense includes an element of fraud or making a false or fraudulent representation the fine shall be $10,000.00.	(k) From a reprimand to revocation or denial.	(k) From suspension with a corrective action plan, to revocation.
(l) Improper solicitation of patients. (Section 458.331(1)(l), F.S.)	(l) From an administrative fine ranging from $1,000.00 to $5,000.00, and a reprimand to probation, or denial of licensure.	(l) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00.	(l) From a reprimand to one (1) year suspension with a corrective action plan, to revocation or denial.	(l) From suspension with a corrective action plan, to revocation.
(m) Failure to keep legible written medical records. (Sections 458.331(1)(m); 456.47(3), F.S.)	(m) From letter of concern, to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.000.	(m) From a reprimand to suspension followed by probation, and an administrative fine ranging from $2,500.00 to $5,000.00, or denial of licensure.	(m) From a letter of concern to a suspension with a corrective action plan or denial.	(m) From a reprimand to two (2) years suspension with a corrective action plan.
(n) Exercising influence on patient for financial gain. (Sections 458.331(1)(n); 456.072(1)(n), F.S.)	(n) Payment of fees paid by or on behalf of the patient and from a reprimand to two (2) years suspension, to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $5,000.00 to $7,500.00.	(n) Payment of fees paid by or on behalf of the patient and from probation, to revocation, or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.	(n) Payment of fees paid by or on behalf of the patient and from a reprimand to two (2) years suspension with a corrective action plan or denial.	(n) Payment of fees paid by or on behalf of the patient and from two (2) year suspension to revocation or denial.
(o) Improper advertising of pharmacy. (Section 458.331(1)(o), F.S.)	(o) From a letter of concern to probation, or a denial of licensure, and an administrative fine ranging from $250.00 to $2,500.00.	(o) From a reprimand, and an administrative fine of $2,500.00 to probation, and an administrative fine from $2,500.00 to $5,000.00, or denial of licensure.	(o) From a letter of concern to suspension to with a corrective action plan or denial.	(o) From a reprimand to six (6) month suspension to be followed by a corrective action plan.
(p) Performing professional services not authorized by patient. (Section 458.331(1)(p), F.S.)	(p) From a letter of concern, to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(p) From a reprimand, to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(p) From a reprimand or denial to revocation or denial.	(p) From suspension with a corrective action plan to revocation or denial.
(q) Inappropriate or excessive prescribing. (Section 458.331(1)(q), F.S.)	(q) From one (1) year probation to revocation, and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of licensure.	(q) From probation, to revocation or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.	(q) From a three (3) month suspension with a corrective action plan to revocation or denial.	(q) From one (1) year suspension with a corrective action plan, revocation or denial.
(r) Prescribing or dispensing of a scheduled drug by the physician assistant to himself or herself. (Section 458.331(1)(r), F.S.)	(r) From probation to suspension or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00, and a mental and physical examination.	(r) From suspension to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00, and a mental and physical examination.	(r) From a fourteen (14) day suspension with a corrective action plan to revocation and a mental and physical examination.	(r) From a three (3) month suspension with a corrective action plan, to revocation or denial, and a mental and physical examination.
(s) Inability to practice medicine with skill and safety. (Section 458.331(1)(s), F.S.)	(s) From probation to indefinite suspension until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.	(s) From indefinite suspension, followed by probation, to suspension for a minimum of five (5) years or until the licensee is able to demonstrate ability to practice with reasonable skill and safety, followed by probation, and an administrative fine from $2,500.00 to $5,000.00 or denial of licensure.	(s) From indefinite suspension with corrective action plan and until licensee is able to demonstrate ability to practice with reasonable skill and safety to suspension for a minimum of one (1) year and until licensee is able to demonstrate ability to practice with reasonable skill and safety or denial.	(s) From indefinite suspension with a corrective action plan, to suspension for a minimum of five (5) years and until licensee is able to demonstrate ability to practice with reasonable skill and safety.
(t)1. Malpractice: practicing below acceptable standard of care. (Section 458.331(1)(t), F.S.)	(t)1. From a letter of concern, to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(t)1. From reprimand, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(t)1. From letter of concern to revocation or denial.	(t)1. From reprimand to revocation or denial.
2. Gross Malpractice.	2. From probation, to revocation or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.	2. From suspension followed by probation to revocation or denial, and an administrative fine ranging from $2,500.00 to $5,000.00.	2. From one (1) year suspension with a corrective action plan, to revocation or denial.	2. From two (2) years suspension with a corrective action plan to revocation.
3. Repeated Malpractice.	3. Revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $10,000.00.		3. Revocation or denial.
(u) Performing of experimental treatment without informed consent. (Section 458.331(1)(u), F.S.)	(u) From a letter of concern to suspension, to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(u) From suspension to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(u) From a letter of concern to one (1) year suspension with a corrective action or denial.	(u) From one (1) year suspension with a corrective action plan to revocation or denial.
(v) Practicing beyond scope permitted. (Sections 458.331(1)(v); 456.072(1)(o), F.S.)	(v) From a letter of concern to two (2) years suspension followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(v) From two (2) years suspension followed by probation to revocation, and an administrative fine ranging from $2,500.00 to $5,000.00, or denial of licensure.	(v) From reprimand to two (2) years suspension or denial.	(v) From two (2) years suspension to revocation or denial.
(w) Delegation of professional responsibilities to unqualified person. (Sections 458.331(1)(w); 456.072(1)(p), F.S.)	(w) From reprimand to suspension, followed by probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(w) From probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(w) From reprimand to suspension with corrective action plan or denial.	(w) From six (6) month suspension with a corrective action plan to revocation or denial.
(x)1. Violation of a lawful order of the board or department previously entered in a disciplinary hearing, or failure to comply with a lawfully issued subpoena of the department. (Sections 458.331(1)(x); 456.072(1)(q), F.S.)	(x)1. For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(x)1. From probation, to revocation or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.	(x)1. For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand, to revocation or denial.	(x)1. From suspension to revocation, or denial.
2. Violation of an order of the Board. (Section 456.072(1)(q), F.S.)	2. From a reprimand and suspension followed by a period of probation, and an administrative fine of $1,000.00 to Revocation, and an administrative fine of $5,000.00.	2. From a reprimand nd suspension ollowed by a period of probation, and an administrative fine of $2,500.00 to revocation, and an administrative fine of $10,000.00.	2. From a reprimand to revocation or denial.	2. From suspension with a corrective action plan, to revocation, or denial.
(y) Conspiring to restrict another from lawfully advertising services. (Section 458.331(1)(y), F.S.)	(y) From a letter of concern to a reprimand, or denial, and an administrative fine ranging from $1,000.00 to $2,500.00	(y) From a reprimand, and an administrative fine of $2,500.00 to a reprimand, and an administrative fine of $5,000.00.	(y) A reprimand or denial.	(y) Suspension with a corrective action plan, or denial.
(z) Aiding an unlawful abortion. (Section 458.331(1)(z), F.S.)	(z) From probation, to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(z) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.	(z) From one (1) year suspension with a corrective action plan, to revocation or denial.	(z) From eighteen (18) month suspension with a corrective action plan, to revocation or denial.
(aa) Presigning prescription forms. (Section 458.331(1)(aa), F.S.)	(aa) From a letter of concern to two (2) years probation, or denial, and an administrative fine from $2,500.00.	(aa) From suspension, to be followed by a period of probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.	(aa) From a letter of concern to two (2) years suspension with a corrective action plan or denial.	(aa) From suspension with a corrective action plan to revocation or denial.
(bb) Failure to adequately supervise assisting personnel. (Section 458.331(1)(dd), F.S.)	(bb) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.	(bb) From probation to suspension followed by probation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(bb) From a reprimand to a suspension with a corrective action plan or denial.	(bb) From a suspension with a corrective action plan, to revocation or denial.
(cc) Improper use of substances for muscle building or enhancement of athletic performance. (Section 458.331(1)(ee), F.S.)	(cc) From a reprimand to suspension, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(cc) From suspension to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(cc) From a reprimand to suspension with a corrective action plan or denial.	(cc) From suspension with a corrective action plan to revocation or denial.
(dd) Use of amygdaline (laetrile). (Section 458.331(1)(ff), F.S.)	(dd) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.	(dd) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(dd) From a reprimand to suspension with a corrective action plan or denial.	(dd) From suspension with a corrective action plan to revocation or denial.
(ee) Misrepresenting or concealing a material fact. (Section 458.331(1)(gg), F.S.)	(ee) From a reprimand to revocation, and an administrative fine ranging from $2,500.00 to $5,000.00, or the denial of licensure.	(ee) From probation, to revocation or denial of licensure, and an administrative fine ranging from $5,000.00 to $10,000.00.	(ee) From reprimand to revocation or denial.	(ee) From a minimum of thirty (30) day suspension with a corrective action plan to revocation, or denial.
(ff) Improperly interfering with an investigation or a disciplinary proceeding. (Sections 458.331(1)(hh); 456.072(1)(r), F.S.)	(ff) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00.	(ff) From probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(ff) From a reprimand to a suspension with a corrective action plan, or denial.	(ff) From a ninety (90) day suspension with a corrective action plan to revocation or denial.
(gg) Failing to report any M.D., D.O. or PA, who is in violation of law. (Sections 458.331(1)(ii); 456.072(1)(i), F.S.)	(gg) From a letter of concern to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00	(gg) From probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(gg) From a letter of concern to suspension with a corrective action plan, or denial.	(gg) Suspension with a corrective action plan or denial.
(hh) Providing medical opinion without reasonable investigation. (Section 458.331(1)(jj), F.S.)	(hh) From a letter of concern to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(hh) From probation to revocation or denial of licensure, and an administrative fine from $5,000.00 to $7,500.00.	(hh) From a letter of concern to a suspension with a corrective action plan or denial.	(hh) From a suspension with a corrective action plan to revocation or denial.
(ii) Failing to provide patients with information about patient rights and how to file a patient complaint. (Sections 458.331(1)(mm); 456.072(1)(u), F.S.)	(ii) Corrective action for nonwillful violations. Letter of concern to reprimand and corrective action for willfull violations and an administrative fine from $100.00 to $200.00.	(ii) Administrative fine of up to $100.00 for nonwillful violations; and an administrative fine from $250.00 to $500.00 for willful violations.	(ii) From a letter of concern to seven (7) day suspension with corrective action plan.	(ii) From a reprimand to a ten (10) day suspension with corrective action plan.
(jj)1.Violating any provision of Chapters 458, and 456, F.S., or any rules adopted pursuant thereto. (Section 458.331(1)(nn), F.S.)	(jj) From a reprimand, to revocation or denial and an administrative fine from $1,000.00 to $5,000.00.	(jj) From probation, to revocation or denial and an administrative fine from $5,000.00 to $10,000.00.	(jj) From a reprimand to revocation or denial.	(jj) From suspension with a corrective action plan to revocation or denial.
2. Performing a pelvic examination on a patient without the written consent of the patient or the patient's legal representative executed specific to, and expressly identifying, the pelvic examination. (Sections 458.331(1)(nn); 456.51, F.S.)	2. From a letter of concern to a reprimand and an administrative fine from $1,000.00 to $2,500.00, or denial.	2. From a reprimand to revocation, and an administrative fine from $5,000.00 to $7,500.00 or denial.	2. From a letter of concern to suspension with a corrective action plan or denial.	2. From a minimum of six (6) months suspension with a corrective action plan to revocation or denial.
(kk) Theft or reproduction of an examination. (Section 456.018, F.S.)	(kk) Revocation or denial of licensure.		(kk) Revocation or denial.
(ll) Prescribing controlled substances in violation of Section 456.47(2)(c), F.S. (Section 456.47(2)(c), F.S.)	(ll) From a reprimand and a $5,000.00 fine to revocation or denial.	(ll) From suspension and a $10,000.00 fine to revocation or denial.	(ll) From a reprimand to revocation or denial.	(ll) From suspension with a corrective action plan to revocation or denial.
(mm) Performing or attempting to perform health care services on the wrong patient, a wrong site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition. (Section 456.072(1)(bb), F.S.)	(mm) From a $1,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, and one (1) hour lecture on wrong-site surgery in the State of Florida to a $5,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, undergo a risk management assessment, a one (1) hour lecture on wrong-site surgery, and suspension to be followed by a term of probation, or denial.	(mm) From a $7,500.00 fine, a reprimand, and probation or denial to a $10,000.00 fine and revocation.	(mm) From a letter of concern to suspension with a corrective action plan or denial.	(mm) From a reprimand to revocation or denial.
(nn) Leaving a foreign body in a patient, such as a sponge, clamp, forceps, surgical needle, or other paraphernalia commonly used in surgical, examination, or other diagnostic procedures. (Section 456.072(1)(cc), F.S.)	(nn) From a $1,000.00 to a $5,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, and a one hour lecture to the staff of a Florida licensed healthcare facility on retained foreign body objects to suspension followed by a term of probation.	(nn) From a $7,500.00 fine, a reprimand and probation, or denial to revocation.	(nn) From a letter of concern to suspension with a corrective action plan.	(nn) From a suspension with a corrective action plan to revocation or denial.
(oo) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients. (Section 456.072(1)(gg), F.S.)	(oo) From one year probation to revocation, and an administrative fine ranging from $2,500.00 to $10,000.00, or denial of licensure.	(oo) From suspension to be followed by probation to revocation, and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of licensure.	(oo) From one (1) month suspension with a corrective action plan, to revocation or denial.	(oo) From ninety (90) day suspension with a corrective action plan, to revocation or denial.
(pp) Being terminated from a treatment program for impaired practitioners, for failure to comply with the terms of the monitoring or treatment contract or for not successfully completing any drug-treatment or alcohol-treatment program. (Section 456.072(1)(hh), F.S.)	(pp) From suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $1,000 to $2,500, to revocation or denial.	(pp) From a minimum of six (6) months suspension until licensee demonstrates compliance with all terms of the monitoring or treatment contract and is able to demonstrate to the Board the ability to practice with reasonable skill and safety to be followed by a term of probation; and a fine of $2,500 to $5,000, to revocation or denial.	(pp) From suspension with a corrective action plan until licensee demonstrates compliance with all terms of the monitoring or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety, to revocation or denial.	(pp) From a minimum of six (6) months suspension with a corrective action plan and until licensee demonstrates compliance with all terms of the monitoring or treatment contract, and is able to demonstrate to the Board the ability to practice with reasonable skill and safety, to revocation or denial.
(qq) Being convicted of, or entering a plea of guilty or nolo contendere to any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)	(qq) Revocation and a fine of $10,000, or denial.		(qq) Revocation or denial.
(rr) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement. (Section 456.072(1)(jj), F.S.)	(rr) From a letter of concern to probation, and a fine of $500 to $5,000.	(rr) From a reprimand to revocation, and a fine of $2,500 to $5,000.	(rr) From a letter of concern to suspension with a corrective action plan.	(rr) From a reprimand to revocation.
(ss) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program. (Section 456.072(1)(kk), F.S.)	(ss) From a letter of concern to suspension, and a fine of $1,000 to 5, 000, or denial. Not applicable to physician assistants licensed under Chapter 458 or 459, F.S.	(ss) From a reprimand to revocation, and a fine of $5,000 to $10,000 or denial.	(ss) From a letter of concern to suspension with a corrective action plan, or denial.	(ss) From a reprimand to revocation or denial.
(tt) Being convicted of, or entering into a plea of guilty or nolo contendere to any misdemeanor or felony, regardless of adjudication, which relates to health care fraud. (Section 456.072(1)(ll), F.S.)	(tt) Revocation and a fine of $10,000, denial.		(tt) Revocation or denial.
(uu) Failure to comply with the controlled substance prescribing requirements of Section 456.44, F.S. (Section 456.072)(1)(mm), F.S.)	(uu) From a minimum of suspension of license for a period of six (6) months followed by a period of probation and an administrative fine in the amount of $10,000.00 to revocation and an administrative fine in the amount of $10,000.00.	(uu) From a minimum of suspension of license for a period of one (1) year followed by a period of probation and an administrative fine in the amount of $10,000.00 to revocation and an administrative fine in the amount of $10,000.00.	(uu) From a minimum of suspension for a period of six (6) months with a corrective action plan, to revocation.	(uu) From a minimum of suspension for a period of one (1) year with a corrective action plan, to revocation.
(vv) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 458.331(1)(tt), F.S.)	(vv) From a letter of concern to a reprimand and an administrative fine in the amount of $1,000.00 to $5,000.00.	(vv) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.	(vv) From a letter of concern to a reprimand.	(vv) From a reprimand to revocation.
(ww) Failure to consult the prescription drug monitoring system, as required by Section 893.055(8), F.S. (Section 458.331(1)(g), F.S.)	(ww) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.	(ww) From a reprimand to revocation and an administrative fine of $2,500.00 to $10,000.00	(ww) From a letter of concern to a reprimand.	(ww) From a reprimand to revocation.
(xx) Intentionally implanting a patient or causing a patient to be implanted with a human embryo without the recipient's consent to the use of that human embryo, or inseminating a patient or causing a patient to be inseminated with the human reproductive material, as defined in Section 784.086, F.S., of a donor without the recipient's consent to the use of human reproductive material from that donor. (Section 456.072(1)(qq), F.S.	(xx) From six (6) months probation to one (1) year suspension, and an administrative fine of $5,000.00 to $10,000.00, or denial.	(xx) From one (1) year suspension to revocation and an administrative fine of $7,500.00 to $10,000.00, or denial.	(xx) From six (6) months suspension with a corrective action plan to one (1) year suspension with a corrective action plan or denial.	(xx) From one (1) year suspension with a corrective action plan to revocation or denial.
(yy) Implanting a patient or causing a patient to be implanted with a human embryo created with the human reproductive material, as defined in Section 784.086, F.S., of the licensee, or inseminating a patient or causing a patient to be inseminated with the human reproductive material of the licensee. (Section 458.331(1)(ww), F.S.)	(yy) Revocation and a $10,000, 00 fine or denial.		(yy) Revocation or denial.
(zz) Providing information indicating that a person has a disability or supporting a person's need for an emotional support animal under Section 760.27, F.S., without personal knowledge of the person's disability or disability-related need for the specific emotional support animal. (Section 456.072(1)(pp), F.S.)	(zz) From a letter of concern to probation and an administrative fine from $500.00 to $1,000.00	(zz) From a reprimand to revocation and a fine from $500 to $1,000.00.	(zz) From a letter of concern to a suspension with a corrective action plan.	(zz) From a reprimand to revocation.
(aaa) Failure to report disciplinary action by another jurisdiction including pending disciplinary action. (Section 456.47(4)(d), F.S.)	(aaa) Not applicable to physician assistants licensed under Chapter 458 or 459, F.S.		(aaa) From a reprimand to revocation or denial.	(aaa) From a suspension with a corrective action plan to revocation or denial.
(bbb) Failure to display hyperlink on telehealth registrant's website. (Section 456.47(4)(c), F.S.)	(bbb) Not applicable to physician assistants licensed under Chapter 458 or 459, F.S.		(bbb) From a letter of concern to suspension with a corrective action plan.	(bbb) From a reprimand to revocation.
(ccc) Opening an office in Florida or providing in-person healthcare services to patients in Florida. (Section 456.47(4)(f), F.S.)	(ccc) Not applicable to physician assistants licensed under Chapter 458 or 459, F.S.		(ccc) From six (6) months suspension with a corrective action plan to revocation or denial.	(ccc) From one (1) year suspension with a corrective action plan to revocation.
	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE	FIRST OFFENSE	SECOND OR SUBSEQUENT OFFENSE
(ddd) Failure to comply with parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.)	(ddd) From a letter of concern to six (6) months' probation and an administrative fine of $1,000.00 to $2,500.00.	(ddd) From a reprimand to one (1) year probation and an administrative fine of $2,500.00 to $5,000.00.	(ddd) From six (6) months' probation to revocation and an administrative fine of $5,000.00 to $10,000.00, or denial of licensure.	(ddd) From a reprimand to one (1) year suspension.	(ddd) From six (6) month suspension with a corrective action plan to revocation, or denial of registration.
	First Offense	Subsequent Offenses				First Offense	Subsequent Offenses
(eee) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in Section 456.074(5), F.S. or similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)	(eee) Revocation and administrative fine of $1,000.00 to $5,000.00, or denial of licensure.	(eee) Revocation and administrative fine of $5,000.00 to $10,000.00, or denial of licensure.				(eee) Revocation, or denial of registration.	(eee) Revocation, or denial of registration.

(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in an individual case, the Board may deviate from the penalties recommended above. The Board shall consider as aggravating or mitigating factors the following:

(a) Exposure of patients or public to injury or potential injury, physical or otherwise; none, slight, severe, or death;

(b) Legal status at the time of the offense; no restraints, or legal constraints;

(c) The number of counts or separate offenses established;

(d) The number of times the same offense or offenses have previously been committed by the licensee or applicant;

(e) The disciplinary history of the applicant or licensee in any jurisdiction and the length of practice;

(f) Pecuniary benefit or self-gain inuring to the applicant or licensee;

(g) Any other relevant mitigating factors.

(4) The certification of a Physician Assistant shall be disciplined by the Board when, after due notice and a hearing in accordance with the provisions of this rule, it shall find: that the Physician Assistant has held himself or herself out or permitted another to represent the Physician Assistant as a licensed physician. If any person addresses the Physician Assistant in a medical setting as "Doctor, " the Physician Assistant must immediately inform that person that the Physician Assistant is not a doctor. Upon a finding by the Board of failure to immediately inform the person, the following penalty shall be imposed: a letter of concern, a reprimand, a 60-day suspension and/or a fine up to $2,500.00; and for any subsequent offense, a fine up to $5,000.00 and/or revocation of the certificate.

Fla. Admin. Code Ann. R. 64B8-30.015

Rulemaking Authority 456.079, 456.47(7), 458.309, 458.331(5) FS. Law Implemented 456.072, 456.079, 456.47(4)(i), 458.331(5), 458.347(6)(e), (11) FS.

New 3-13-89, Formerly 21M-17.015, 61F6-17.015, 59R-30.015, Amended 6-7-98, 4-9-01, 5-16-10, 3-26-12, Amended by Florida Register Volume 43, Number 085, May 2, 2017 effective 5/17/2017, Amended by Florida Register Volume 44, Number 212, October 30, 2018 effective 11/15/2018, Amended by Florida Register Volume 47, Number 066, April 6, 2021 effective 4/18/2021, Amended by Florida Register Volume 47, Number 149, August 3, 2021 effective 8/19/2021, Amended by Florida Register Volume 47, Number 227, November 23, 2021 effective 12/6/2021.

New 3-13-89, Formerly 21M-17.015, 61F6-17.015, 59R-30.015, Amended 6-7-98, 4-9-01, 5-16-10, 3-26-12, 5-17-17, 11-15-18, 4-18-21, 8-19-21, 12-6-21.