Violation (a) Attempting to obtain a license or certificate by bribery, fraud or through an error of the Department or the Board (Sections 468.217(1)(a), and 456.072(1)(h), F.S.) |
Minimum Penalty First Offense Revocation with ability to reapply and $1,000 fine Second Offense Revocation with ability to reapply and $3,000 fine Third offense Revocation with ability to reapply and $6,000 fine However, if the violation is not through an error but is for making a false or fraudulent representation, the fine is increased to $10,000 per count or offense | Maximum Penalty First Offense Revocation with ability to reapply and $3,000 fine Second Offense Revocation with ability to reapply and $6,000 fine Third Offense Revocation with no ability to reapply and $10,000 fine |
Violation (b) Action taken against license by another jurisdiction (Sections 468.217(1)(b), and 456.072(1)(f), F.S.) |
Minimum Penalty First Offense Imposition of discipline which would have been if the substantive violation occurred in Florida and $100 fine Second Offense Imposition of discipline which would have been if the substantive violation occurred in Florida and a $1,000 fine Third offense Revocation and $10,000 fine | Maximum Penalty First Offense Revocation Second Offense Revocation Third Offense Revocation and $10,000 fine |
Violation (c) Guilt of a crime directly relating to practice or ability to practice (Section 468.217(1)(c), F.S.) |
Minimum Penalty First Offense 6 months probation with conditions and $1,000 fine Second Offense 1 year suspension and $5, 000 fine | Maximum Penalty First Offense Revocation and $5,000 fine Second Offense Revocation and $10,000 fine |
Violation (d) False, deceptive, or misleading advertising (Section 468.217(1)(d), F.S.) |
Minimum First Offense Reprimand Second Offense 6 months suspension and $250 fine Third offense 9 months suspension and $500 fine | Maximum First Offense 6 months suspension and $250 fine Second Offense 9 months suspension and $500 fine Third Offense 1 year suspension and $5,000 fine |
Violation (e) Advertising, practicing under a name other than one’s own name (Section 468.217(1)(e), F.S.) |
Minimum First Offense Reprimand Second Offense 6 months suspension and $100 fine Third Offense 9 months suspension and $500 fine | Maximum First Offense 6 months suspension and $100 fine Second Offense 9 months suspension and $500 fine Third Offense 1 year suspension and $5,000 fine |
Violation (f) Failure to report another licensee in violation (Sections 468.217(1)(f), and 456.072(1)(i), F.S.) |
Minimum First Offense Reprimand and $100 fine Second Offense Reprimand and $500 fine Third Offense 6 months probation with conditions and $1,000 fine | Maximum First Offense Reprimand and $500 fine Second Offense 6 months probation with conditions and $1,000 fine Third Offense 6 months probation with conditions and $5,000 fine |
Violation (g) Aiding unlicensed practice (Sections 468.217(1)(g), and 456.072(1)(j), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 6 months suspension, 1 year probation with conditions and $3,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $6,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $3,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $6,000 fine Third Offense Revocation and $10,000 fine |
Violation (h) Failure to perform legal obligation (Sections 468.217(1)(h), and 456.072(1)(k), F.S.) |
Minimum First Offense Letter of Concern and $100 fine Second Offense 6 months probation with conditions and $100 fine Third Offense 6 months suspension, 1 year probation with conditions and $500 fine | Maximum First Offense 6 months probation with conditions and $100 fine, unless otherwise provided by the law Second Offense 6 months suspension, 1 year probation with conditions and $1,000 fine, unless otherwise provided by the law Third Offense Revocation and $5,000 fine |
Violation (i) Failing to file a report as required (Sections 468.217(1)(i), and 456.072(1)(l), F.S.) |
Minimum First Offense 1 year probation with conditions and $100 fine Second Offense 6 months suspension, 1 year probation with conditions and $250 fine Third Offense 1 year suspension, 2 years probation with conditions and $1,000 fine However, if the violation is for making a false or fraudulent representation, a fine of $10,000 per count or offense | Maximum First Offense 6 months suspension, 1 year probation with conditions and $250 fine Second Offense Revocation and $1,000 fine Third Offense Revocation and $10,000 fine |
Violation (j) Kickbacks or split fee arrangements (Section 468.217(1)(j), F.S. |
Minimum First Offense 6 months suspension, 1 year probation with conditions and $500 fine Second Offense 1 year suspension, 2 years probation with conditions and $1,000 fine Third Offense 2 years suspension, 3 years probation with conditions and $2,500 fine | Maximum First Offense Revocation and $5,000 fine Second Offense Revocation and $8,000 fine Third Offense Revocation and $10,000 fine |
Violation (k) Exercising influence to engage patient in sex (Section 468.217(1)(k), F.S.) |
Minimum First Offense 1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine. Second Offense Revocation and $7,500 fine | Maximum First Offense Revocation and $7,500 fine Second Offense Revocation and $10,000 fine |
Violation (l) Deceptive, untrue, or fraudulent representations in the practice (Sections 468.217(1)(l), and 456.072(1)(a), F.S.) |
Minimum First Offense 1 year probation with conditions and $10,000 fine Second Offense 1 year suspension, 1 year probation with conditions and $10,000 fine Third Offense 2 years suspension, 2 years probation with conditions and $10,000 fine | Maximum First Offense 1 year suspension, 1 year probation with conditions and $10,000 fine Second Offense Revocation and $10,000 fine Third Offense Revocation and $10,000 fine |
Violation (m) Improper solicitation of patients (Section 468.217(1)(m), F.S.) |
Minimum First Offense 1 year probation with conditions and $500 fine Second Offense 6 months suspension, 1 year probation with conditions and $1,500 fine Third Offense 1 year suspension, 2 years probation with conditions and $3,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $2,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $5,000 fine Third Offense Revocation and $10,000 fine |
Violation (n) Failure to keep written medical records, justifying the course of treatment of the patient, including but not limited to patient history, examination results and test results (Section 468.217(1)(n), F.S.) |
Minimum First Offense Reprimand and $300 fine Second Offense Reprimand and $1,000 fine Third Offense 6 months suspension, 1 year probation with conditions and $3,000 fine | Maximum First Offense Reprimand and $1,000 fine Second Offense 6 months suspension, 1 year probation with conditions and $5,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $10,000 fine |
Violation (o) Exercising influence on patient for financial gain (Sections 468.217(1)(o), and 456.072(1)(n), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense Revocation and $5,000 fine | Maximum First Offense 1 year suspension, 2 years probation with conditions and $7,5000 fine Second Offense Revocation and $10,000 fine |
Violation (p) Performing professional services not authorized by patient (Section 468.217(1)(p), F.S.) |
Minimum First Offense Reprimand and $500 fine Second Offense Reprimand and $1,000 fine Third Offense 6 months probation with conditions and $3,000 fine | Maximum First Offense Reprimand and $1,000 fine. Second Offense 6 months probation with conditions and $5,000 fine Third Offense Revocation and $10,000 fine |
Violation (q) Malpractice\ (Section 468.217(1)(q), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $5,000 fine | Maximum First Offense 1 year suspension, 2 years probation with conditions or denial and $5,000 fine Second Offense Revocation and $10,000 fine |
Violation (r) Performing of experimental treatment without informed consent (Section 468.217(1)(r), F.S.) |
Minimum First Offense 1 year suspension, 1 year probation with conditions and $1,000 fine Second Offense Revocation and $5,000 fine | Maximum First Offense 2 years suspension, 2 years probation with conditions or denial and $5,000 fine Second Offense Revocation and $10,000 fine |
Violation (s) Practicing beyond scope permitted (Sections 468.217(1)(s), and 456.072(1)(o), F.S.) |
Minimum First Offense Reprimand and $100 fine Second Offense 6 months suspension, 6 months probation with conditions and $1,500 fine Third Offense 1 year suspension, 1 year probation with conditions and $3,000 fine | Maximum First Offense 6 months suspension, 6 months probation with conditions or denial and $1,500 fine Second Offense 1 year suspension, 1 year probation with conditions and $7,500 fine Third Offense Revocation and $10,000 fine |
Violation (t) Inability to practice occupational therapy with skill and safety (Sections 468.217(1)(t), 456.072(1)(z), F.S.) |
Minimum First Offense Submit to mental/physical examination and impose conditions on practice Second Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions Third Offense Submit to mental/physical examination, suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions, and $3,000 fine | Maximum First Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions Second Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions, and $3,000 fine Third Offense Revocation and $5,000 fine |
Violation (u) Delegation of professional responsibilities to unqualified person (Sections 468.217(1)(u), 456.072(1)(p), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 6 months suspension, 1 year probation with conditions and $3,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $6,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $3,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $6,000 fine Third Offense Revocation and $10,000 fine |
Violation (v) Violation of order, or failure to comply with subpoena (Sections 468.217(1)(v), 456.072(1)(q), F.S.) |
Minimum First Offense Suspension until order or subpoena complied with and $500 fine Second Offense 6 months suspension, 1 year probation with conditions and $1,500 fine | Maximum First Offense Revocation and $1,500 fine Second Offense Revocation and $5,000 fine |
Violation (w) Conspiring to restrict another from lawfully advertising services (Section 468.217(1)(w), F.S.) |
Minimum First Offense Reprimand Second Offense Reprimand and $100 fine Third Offense Reprimand and $500 fine | Maximum First Offense Reprimand and $100 fine Second Offense Reprimand and $500 fine Third Offense Reprimand and $1,000 fine |
Violation (x) Violating Chapters 468, 456, F.S., or any rules adopted pursuant thereto (Sections 468.217(1)(x), and 456.072(1)(dd), F.S.) |
Minimum First Offense Suspension until law or rule complied with and $500 fine Second Offense 6 months suspension, 1 year probation with conditions and $1,500 fine | Maximum First Offense Revocation and $1,500 fine Second Offense Revocation and $5,000 fine |
Violation (y) Performing or attempting health care services on the wrong patient, wrong site wrong procedure, or unauthorized or medically unnecessary procedure including preparation of the patient (Section 456.072(1)(bb), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $5,000 fine | Maximum First Offense 1 year suspension, 2 years probation with conditions and $5,000 fine Second Offense Revocation and $10,000 fine |
Violation (z) Intentionally violating any rule adopted by the Board or the Department as appropriate (Section 456.072(1)(b), F.S.) |
Minimum First Offense 6 months suspension, 1 year probation with conditions and $1,000 fine | Maximum First Offense 1 year suspension, 2 years probation with conditions and $3,000 fine |
Violation (aa) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice a licensee’s profession (Section 456.072(1)(c), F.S.) |
Minimum First Offense 6 months probation with conditions and $1,000 fine Second Offense 1 year suspension and $5,000 fine | Maximum First Offense Revocation and $5,000 fine Second Offense Revocation and $10,000 fine |
Violation (bb) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome (Section 456.072(1)(e), F.S.) *This course is required upon initial licensure and 1st renewal |
Minimum First Offense Letter of Concern | Maximum First Offense 6 months probation with conditions and $500 fine |
Violation (cc) 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.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 6 months suspension, 1 year probation with conditions and $2,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $4,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $5,000 fine Second Offense 1 year suspension, 2 years probation with Conditions and $10,000 fine Third Offense Revocation and $10,000 fine |
Violation (dd) 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)(a) and (m), F.S.) |
Minimum First Offense 1 year probation with conditions and $10,000 fine Second Offense 1 year suspension, 1 year probation with conditions and $10,000 fine Third Offense 2 years suspension, 2 years probation with conditions and $10,000 fine | Maximum First Offense 1 year suspension, 1 year probation with conditions and $10,000 fine Second Offense Revocation and $10,000 fine Third Offense Revocation and $10,000 fine |
Violation (ee) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding (Section 456.072(1)(r), F.S.) |
Minimum First Offense 6 months probation with conditions and $1,000 fine Second Offense 6 months suspension, 1 year probation with conditions and $2,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $4,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $2,000 fine Second Offense 1 year suspension, 1 years probation with conditions and $5,000 fine Third Offense Revocation and $10,000 fine |
Violation (ff) Engaging or attempting to engage a patient in verbal or physical sexual activity (Section 456.072(1)(v), F.S.) |
Minimum First Offense 1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine Second Offense Revocation and $7,500 fine | Maximum First Offense Revocation and $7,500 fine Second Offense Revocation and $10,000 fine |
Violation (gg) Failing to report to the board within 30 days after the licensee has been convicted or found guilty of, or entered a plea of no contendere to, regardless of adjudication, a crime in any jurisdiction (Section 456.072(1)(x), F.S.) |
Minimum First Offense Reprimand Second Offense 6 months suspension, 1 year probation with conditions and $500 fine. Third Offense 1 year suspension, 2 years probation with conditions and $1,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $500 fine. Second Offense 1 year suspension, 2 years probation with Conditions and $1,000 fine. Third Offense Revocation and $5,000 fine. |
Violation (hh) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers for the solicitation of the people involved in the accidents (Section 456.072(1)(y), F.S.) |
Minimum First Offense 1 year probation with conditions and $1,000 fine Second Offense 6 months suspension, 2 years probation with conditions and $2,000 fine Third Offense 1 year suspension, 2 years probation with conditions and $4,000 fine | Maximum First Offense 6 months suspension, 1 year probation with conditions and $4,000 fine Second Offense 1 year suspension, 2 years probation with conditions and $7,5000 fine Third Offense Revocation and $10,000 fine |
Violation (ii) Failing to finish PRN treatment program or failing without just cause to comply with PRN contract (Section 456.072(1)(hh), F.S.) |
Minimum First Offense Suspension until compliant with program; up to suspension until compliant with program, followed by up to 5 years probation with conditions Second Offense Up to $2000 fine, suspension until compliant with program followed by up to 5 years probation with conditions, or revocation | Maximum |
Violation (jj) 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.) |
Minimum First Offense Revocation and a fine of $10,000, or in the case of application for licensure, denial of license | Maximum |
Violation (kk) 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.) |
Minimum First Offense Letter of concern and a fine of $500 Second Offense Reprimand and a fine of $2,500 Third Offense Suspension and a fine of $5,000 | Maximum First Offense Probation and a fine of $2,500 Second Offense Reprimand, probation and a fine of $5,000 Third Offense Revocation and a fine of $5,000 |
Violation (ll) 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.) |
Minimum First Offense Letter of concern and a fine of $1,000 Second Offense Probation and a fine of $1,000 Third Offense Suspension and a fine of $5,000 | Maximum Probation and a fine of $1,000 Suspension and a fine of $5,000 Revocation and a fine of $10,000 |
Violation (mm) 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 related to health care fraud (Section 456.072(1)(ll), F.S.) |
Minimum First Offense Revocation and a fine of $10,000, or in the case of application for licensure, denial of license | Maximum |
Violation (nn) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice *This statute is related to insurance and collection of debt, during the provision of emergency services (Section 456.072(1)(oo), F.S.) |
Minimum First Offense Letter of Concern and $500 fine Second Offense Reprimand and $3,000 fine Third Offense Reprimand and $5,000 fine | Maximum First Offense 6 months’ probation with conditions and $1,000 fine Second Offense Revocation and $5,000 fine Third Offense Revocation and $10,000 fine |
Violation (oo) Testing positive for any drug on confirmed pre-employment or employer ordered drug screening without lawful prescription (Section 456.072(1)(aa), F.S.) |
Minimum First Offense Submit to mental/physical examination and impose conditions on practice. Second Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions. Third Offense Submit to mental/physical examination, suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation, and $3,000 fine. | Maximum First Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions. Second Offense Submit to mental/physical examination and suspension until able to demonstrate ability to practice with reasonable skill and safety, followed by probation with conditions, and $3,000 fine. Third Offense Revocation and $5,000 fine. |