| (a) Attempting to obtain a license by bribery, fraud, or through an error of the Department or the Board. (Sections 468.365(1)(a), 456.072(1)(h), F.S.) | First Offense | Minimum: Reprimand and $250.00 fine
Maximum: Reprimand, $500.00 fine, and one year probation with conditions, or denial |
| Second Offense | Minimum: Reprimand, $500.00 fine, and one year suspension followed by one year probation with conditions
Maximum: Reprimand, $1,000.00 fine, one year suspension followed by two years probation, or denial |
| Third Offense | Revocation or denial |
| Telehealth Registrants | Revocation or denial |
| *However, if the violation is not through an error but is for fraud or making a false or fraudulent representation, the fine is increased to $10,000 per count or offense. Conditional probation and a reprimand will also be imposed for the first and subsequent offenses. |
| If the error in licensing is due to an error on the part of the Board then a letter of concern is issued. However, licensure could still be revoked or denied. |
| (b) Actions taken against the license by another jurisdiction. (Sections 468.365(1)(b), 456.072(l)(f), F.S.) | First Offense | - Minimum: Reprimand, imposition of discipline comparable to the discipline which would have been imposed if the substantive violation occurred in Florida, and a fine of $300.00
- Maximum: Reprimand, suspension of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and a fine of $1,000.00. Practitioners licensed in this state may be ordered to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with an evaluation from PRN that the practitioner is safe to practice.
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| Second Offense | - Minimum: Same as for a first offense and a fine of $1,000.00
- Maximum: Same as for first offense and fine of $2,000.00.
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| Third Offense | - Minimum: Same as for a first offense and a fine of $2,000.00
- Maximum: Same as for first offense and fine of $5,000.00.
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| Telehealth Registrants | - Letter of concern up to reprimand, one year suspension, and corrective action plan completion (first offense)
- Letter of concern up to reprimand, two year suspension, and corrective action plan completion up to denial or revocation of license (second and subsequent offense)
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| (c) Guilt of crime directly relating to practice or ability to practice. (Sections 468.365(1)(c), 456.072(1)(c), F.S.) | First Offense | - Minimum: Reprimand, fine of $500.00, and six months probation with conditions
- Maximum: Revocation of the license and a fine of $1,000.00
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| Second Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and $1,000.00 fine
- Maximum: Revocation and fine of $2,500.00
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| Telehealth Registrants | - Reprimand, six month suspension, and corrective action plan completion up to revocation (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (d) Willfully failing to file a report as required. (Sections 468.365(1)(d), 456.072(1)(l), F.S.) | First Offense | - Minimum: Reprimand, fine of $300.00, and six months probation with conditions
- Maximum: Reprimand, and one year probation with conditions, and a fine of $1,000.00
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| Second Offense | - Minimum: Reprimand, fine of $1,500.00, and one year probation with conditions
- Maximum: Reprimand, six month suspension followed by a one year probation with conditions, and a fine of $3,000.00
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| Third Offense | - Minimum: Reprimand, one year suspension followed by a one year probation with conditions, and a fine of $3,000.00
- Maximum: Revocation and a fine of $5,000.00
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| Telehealth Registrants | - Reprimand, suspension (six month - one year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (e) False, deceptive, or misleading advertising. (Section 468.365(1)(e), F.S.) | First Offense | - Minimum: Reprimand and $250.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a fine of $500.00
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| Second Offense | - Minimum: Reprimand, $500.00 fine, and one year probation with conditions
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and a fine of $1,500.00
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and $1,500.00 fine
- Maximum: Revocation and a fine of $5,000.00
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| Telehealth Registrants | - Reprimand, suspension (six month - one year), and potentially a corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (f) Unprofessional conduct. (Section 468.365(1)(f), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and a $300.00 fine
- Maximum: Reprimand, six months suspension, followed by one year probation with conditions, and a fine of $1,000.00
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, one year suspension, followed by two years probation with conditions, and a fine of $3,000.00
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| Third Offense | - Minimum: Reprimand, one year suspension, followed by two years probation with conditions, and a fine of $3,000.00
- Maximum: Revocation and a $5,000, 00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two year) and corrective action plan completion (first offense)
- Reprimand, minimum two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (g) Controlled substances. (Section 468.365(1)(g), F.S.) | First Offense | - Minimum: Reprimand, six month probation with conditions, and a $1,00.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Second Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine
- Maximum: Reprimand, one year suspension followed by two years probation with conditions, and $5,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Third Offense | |
| Telehealth Registrants | - Reprimand, minimum six months suspension and corrective action plan completion up to revocation (first offense)
- Reprimand, minimum one year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (h) Failure to report another licensee in violation.(Sections 468.365(1)(h), 456.072(1)(i), F.S.) | First Offense | - Minimum: Letter of concern and $250.00 fine
- Maximum: Reprimand, six months probation with conditions, and fine of $500.00
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| Second Offense | - Minimum: Reprimand, six months probation with conditions, and a $500.00 fine
- Maximum: Reprimand, one year suspension, and a fine of $1,500.00
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| Third Offense | - Minimum: Reprimand, six months probation with conditions, and a $500.00 fine
- Maximum: Reprimand, one year suspension, and a fine of $1,500.00
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| Telehealth Registrants | - Letter of concern up to reprimand, six months suspension and corrective action plan completion (first offense)
- Reprimand, suspension (six months - one year), and corrective action plan completion up to revocation (second and subsequent offense)
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| (i) Violation of order of the Board or Department or failure to comply with subpoena. (Sections 468.365(1)(i), 456.072(1)(q), F.S.) | First Offense | - Minimum: Reprimand, $300 fine, compliance with the order or subpoena
- Maximum: Reprimand, $1,000.00 fine, six months suspension, and compliance with order or subpoena
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| Second Offense | - Minimum: Reprimand, $1,000.00 fine, one year suspension, and compliance with the order or subpoena
- Maximum: Revocation and a fine of $3,000.00
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| Telehealth Registrants | - Reprimand, suspension (six months - one year), corrective action plan completion, and compliance with subpoena (first offense)
- Reprimand, two year suspension, corrective action plan completion, and and compliance with subpoena up to revocation (second and subsequent offense)
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| (j) Unlicensed practice. (Section 468.365(1)(j), F.S.) | First Offense | - Minimum: Reprimand and $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a fine of $1,500.00
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions, and $1,500,00 fine
- Maximum: Revocation and a fine of $5,000.00
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| Telehealth Registrants | - Reprimand, suspension (six month - one year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (k) Aiding unlicensed practice. (Sections 468.365(1)(k), 456.072(1)(j), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year of probation with conditions, and a fine of $1,500.00
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| Second Offense | - Minimum: Reprimand, six month suspension followed by one year of probation with conditions, and a $1,500.00 fine
- Maximum: Revocation and a fine of $5,000.00
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years probation with conditions, and $5,000.00 fine
- Maximum: Revocation and a fine of $10,000.00
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| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (l) Failure to perform legal obligation. (Sections 468.365(1)(l), 456.072(1)(k), F.S.) | First Offense | - Minimum: Reprimand and a $300.00 fine
- Maximum: Reprimand, one year probation with conditions, and a fine of $1,000.00
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| Second Offense | - Minimum: Reprimand, one year probation with conditions, and $1,000.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a fine of $2,500.00
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and a $2,500.00 fine
- Maximum: Revocation and a fine of $5,000.00
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| Telehealth Registrants | - Reprimand, suspension (six month to one year), and corrective action plan completion (first offense)
- Reprimand, suspension (one - two year), and corrective action plan completion (second offense)
- Revocation (third offense)
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| (m) Practicing beyond competence level. (Sections 468.365(1)(m), 456.072(1)(o), F.S.) | First Offense | - Minimum: Reprimand, six months probation with conditions, and a $300.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a fine of $1,000.00
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years probation with conditions, and a $2,500.00 fine
- Maximum: Revocation and a fine of $5,000.00
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| Telehealth Registrants | - Reprimand, suspension (six month - one year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (n) Delegation of professional responsibilities to unqualified persons. (Sections 468.365(1)(n), 456.072(1)(p), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and a $300.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year of probation with conditions, and $1,000.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years probation with conditions, and a $3,000.00 fine
- Maximum: Revocation and $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (o) Malpractice. (Section 468.365(1)(o), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year of probation with conditions, and a $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, two years probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, one year suspension followed by two years of probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years of probation with conditions, and a 2,500.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (p) Kickbacks or split fee arrangements. (Section 468.365(1)(p), F.S.) | First Offense | - Minimum: Reprimand, refund of fees billed, six months suspension followed by a one year probation with conditions, and a $300.00 fine
- Maximum: Reprimand, refund of fees billed, one year suspension followed by a one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, refund of fees billed, one year suspension followed by a two years probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, refund of fees billed, two years suspension followed by two years probation with conditions, and a $5,000.00 fine
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| Third Offense | |
| Telehealth Registrants | - Reprimand, suspension (18 month - three year), and corrective action plan completion (first offense)
- Reprimand, three year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (q) Exercising influence or engage patient in sex. (Sections 468.365(1)(q), 456.072(1)(v), F.S.) | First Offense | - Minimum: Reprimand, six month suspension followed by one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and a $1,500.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Second Offense | - Minimum: Reprimand and one year suspension followed by two year probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, two year suspension followed by two year probation with conditions, and a $5,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice, or revocation
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| Telehealth Registrants | - Reprimand, three year suspension, and corrective action plan completion up to revocation (first offense)
- Revocation (second offense)
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| (r) Deceptive, untrue, or fraudulent representations in the practice of respiratory care. (Sections 468.365(1)(r), 456.072(1)(a), (m), F.S.) | First Offense | - Minimum: Reprimand and one year probation with conditions, and a fine of $10,000.00 per count or offense
- Maximum: Revocation, and a fine of $10,000.00 per count or offense
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| Second Offense | - Minimum: Reprimand and one year suspension followed by one year of probation with conditions a fine of $10,000.00 per count or offense
- Maximum: Revocation and a fine of $10,000.00 per count or offense
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| Telehealth Registrants | - Reprimand, one year suspension, and corrective action plan completion up to revocation (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
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| (s) Improper solicitation of patients. (Section 468.365(1)(s), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, six months suspension with followed by one year probation Page 22 of 78 with condition, and a $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions and $1,500.00 fine
- Maximum: Reprimand, one year suspension followed by two years probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, two years suspension followed by two years probation with conditions, and a $2,500.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion up to revocation (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Reprimand, three year suspension, and corrective action plan completion up to revocation (third offense)
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| (t) Failure to keep written medical records. (Section 468.365(1)(t), F.S.) | First Offense | - Minimum: Letter of concern
- Maximum: Reprimand, one year probation with conditions and a $300.00 fine
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| Second Offense | - Minimum: Reprimand, one year probation with conditions and a $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation, and a $1,500.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Letter of concern up to reprimand, one year suspension, and corrective action plan completion (first offense)
- Reprimand up to two year suspension and corrective action plan completion (second offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (third offense)
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| (u) Exercising influence on patient for financial gain. (Sections 468.365(1)(u), 456.072(1)(n), F.S.) | First Offense | - Minimum: Reprimand, refund of fees billed, a minimum of one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, refund of fees billed, one year suspension followed by one year probation with conditions, and a $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, refund of fees billed, one year suspension followed by one year probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, refund of fees billed, two years suspension followed by one year probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, refund of fees billed, two year suspension followed by one year probation with conditions, and a $2,500.00 fine
- Maximum: Revocation, refund of bills paid, and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion (first offense)
- Reprimand up to two year suspension and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (v) Performing professional services not authorized by a physician. (Section 468.365(1)(v), F.S.) | First Offense | - Minimum: Reprimand and a $300 fine
- Maximum: Reprimand, six month suspension followed by one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, one year probation with conditions, and a $1,000.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation, and a $2,500.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand up to one year suspension and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (w) Inability to practice respiratory care with skill and safety. (Sections 468.365(1)(w), 456.072(1)(z), F.S.) | First Offense | - Minimum: Reprimand, six months probation with conditions, and $300.00 fine
- Maximum: Reprimand, six month suspension followed by one year probation with conditions and a $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Second Offense | - Minimum: Reprimand, six month suspension followed by one year of probation with conditions, and $1,000.00 fine
- Maximum: Reprimand, six month suspension followed by one year probation with conditions and a $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years of probation with conditions, and $3,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (six month - two years), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (x) Violation of this chapter, Chapter 456, F.S., or any rules adopted pursuant thereto. (Sections 468.365(1)(x), 456.072(1)(b), (dd), F.S.) | First Offense | - Minimum: Reprimand and $300.00 fine
- Maximum: Reprimand, one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (six month - one year), and corrective action plan completion (first offense)
- Reprimand, suspension (18 month - two years), and corrective action plan completion up to revocation (second offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (third and subsequent offense)
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| (y) Improper interference with investigation, inspection or discipline. (Section 456.072(1)(r), F.S.) | First Offense | - Minimum: Reprimand, six months of probation with conditions, and a $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions a $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,500.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by one year probation, and a $3,000.00 fine
- Maximum: Revocation and a $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (six month - two years), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (z) Failure to report conviction or plea. (Section 456.072(1)(x), F.S.) | First Offense | - Minimum: Reprimand and a $300 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, one year probation with conditions, and a $1,000.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years probation with conditions, and a $5,000.00 fine
- Maximum: Revocation
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| Telehealth Registrants | - Reprimand, suspension (six - 18 months), and corrective action plan completion (first offense)
- Reprimand, two year suspension up to revocation (second offense)
- Revocation (third offense)
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| (aa) Wrong patient, wrong site, or wrong or unauthorized procedure. (Section 456.072(1)(bb), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, one year suspension followed by one year probation with conditions and a fine $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, two years probation with conditions, and a $1,000.00 fine
- Maximum: Reprimand, two years suspension followed by two years probation and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, two years suspension followed by two years probation, and a $2,500.00 fine
- Maximum: Revocation and $5,000.00 fine
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| Telehealth Registrants | - Reprimand, suspension (one - two years), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (bb) Leaving a foreign body in a patient. (Section 456.072(1)(bb), (cc), F.S.) | First Offense | - Minimum: Reprimand, one year probation with conditions, and $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions and a $1,500.00 fine
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| Second Offense | - Minimum: Reprimand, two year probation with conditions, and a $1,000.00 fine
- Maximum: Reprimand, one year suspension followed by one year of probation with conditions, and a $3,000.00 fine
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| Third Offense | - Minimum: Reprimand, one year suspension followed by two years probation, and a $2,500.00 fine
- Maximum: Revocation and $5,000.00 fine
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| Telehealth Registrants | |
| (cc) Testing positive in a pre-employer ordered drug screen. (Section 456.072(1)(aa), F.S.) | First Offense | - Minimum: Reprimand, six months probation with conditions, and $500.00 fine
- Maximum: Reprimand, one year probation with conditions, and $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Second Offense | - Minimum: Reprimand, one year probation with conditions, and $1,000.00 fine, or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
- Maximum: Reprimand, two years probation with conditions, and $3,000.00 fine, or or referral to PRN for evaluation, compliance with PRN recommendations or appearance before the Board with PRN evaluation stating the practitioner is safe to practice
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| Telehealth Registrants | - Reprimand, one year suspension, and corrective action plan completion up to denial and revocation (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to denial and revocation (second offense)
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| (dd) Being terminated from an impaired practitioner treatment program for failure to comply with the terms of contract or for not successfully completing any drug treatment or alcohol treatment program. (Section 456.072(1) (hh), F.S.) | Any Offense | - Reprimand, suspension until compliant with the terms of the impaired practitioner treatment program contract, and a $250 fine up to revocation and a $1,000.00 fine
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| Telehealth Registrants | |
| (ee) Practicing with a delinquent, retired, or inactive status license. (Section 456.072(1)(o), F.S.) | Any Offense | - Minimum: Reprimand and a $2,500.00 fine
- Maximum: Revocation and a $10,000.00 fine
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| Telehealth Registrants | |
| (ff) Failure to notify a patient through written or oral notice of the type of license the practitioner holds. (Section 456.072(1)(t), F.S.) | First Offense | - Minimum: Letter of Concern and submission of an affidavit attesting that the licensee has read the Florida laws and rules
- Maximum: Reprimand and submission of an affidavit attesting that the licensee has read the Florida laws and rules
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| Second Offense | - Minimum: Reprimand, $100.00 fine, and submission of an affidavit attesting that the licensee has read the Florida laws and rules
- Maximum: Reprimand, $500.00 fine, and submission of an affidavit attesting that the licensee has read the Florida laws and rules
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| Telehealth Registrants | - Letter of concern up to reprimand, six month suspension, and corrective action plan completion (first offense)
- Reprimand, one year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
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| (gg) Any felony offense classified under Chapter 409, 817, 893, F.S., or 21 U.S.C ss. 801-970, or 42 U.S.C. ss. 1395-1396. (Section 456.0635, F.S.) | Any Offense | - Minimum: Admission for examination, licensing, and renewal of a license shall be refused for the time periods set forth in Section 456.0635, F.S.
- Maximum: Revocation
|
| Telehealth Registrants | - Registration shall be refused for the time periods set forth in Section 456.0635, F.S. up to revocation (any offense)
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| (hh) Terminated for cause from the Florida Medicaid program pursuant to Section 409.913, F.S. (Section 456.0635, F.S.) | Any Offense | - Minimum: Admission for examination, licensing, and renewal of a license shall be refused for the time periods set forth in Section 456.0635, F.S.
- Maximum: Revocation
|
| Telehealth Registrants | - Registration shall be refused for the time periods set forth in Section 456.0635, F.S. up to revocation (any offense)
|
| (ii) Terminated for cause, pursuant to the appeals procedures established by the state or Federal Government, from any other state Medicaid program. (Section 456.0635, F.S.) | Any Offense | - Minimum: Admission for examination, licensing, and renewal of a license shall be refused for the time periods outlined in Section 456.0635, F.S.
- Maximum: Revocation
|
| Telehealth Registrants | - Registration shall be refused for the time periods set forth in Section 456.0635, F.S. up to revocation (any offense)
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| (jj) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 456.072(1)(oo), F.S.) | First Offense | - Minimum: Reprimand, refund of fees billed, one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, two years suspension followed by one year probation with conditions, and a $2,000.00 fine
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| Second Offense | - Minimum: Reprimand, refund of fees billed, and two years probation with conditions, and a $2,500.00 fine
- Maximum: Reprimand, refund of fees billed, two year suspension followed by two years probation with conditions, and a $10.000.00 fine
|
| Third Offense | |
| Telehealth Registrants | - Reprimand, suspension (one - two years), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second offense)
- Revocation (third offense)
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| (kk) 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 | - Minimum: Reprimand, one year probation with conditions, and a $500.00 fine
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and a $1,000.00 fine
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| Second Offense | - Minimum: Reprimand, one year suspension followed by one year probation with conditions, and a $2,000.00 fine
- Maximum: Reprimand, two years suspension followed by a two years probation, and a $5,000.00 fine
|
| Telehealth Registrants | - Reprimand, suspension (one - two year), and corrective action plan completion (first offense)
- Reprimand, two year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
|
| (ll) Failure to comply with the parental consent requirements of Section 1014.06, F.S. (Section 456.072(1)(rr), F.S.) | First Offense | - Minimum: Reprimand and a $250 fine
- Maximum: Reprimand, $500 fine, and one year of probation with conditions
|
| Second Offense | - Minimum: Reprimand, $500 fine, and one year probation with conditions
- Maximum: Reprimand, six months suspension followed by one year probation with conditions, and $1,000.00 fine
|
| Telehealth Registrants | - Reprimand and up to six month suspension, and corrective action plan completion (first offense)
- Reprimand, one year suspension, and corrective action plan completion up to revocation (second and subsequent offense)
|
| (mm) Being convicted or found guilty of, entering a plea of guilty or nolo contendere to, 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. | First Offense | - Minimum: $10,000 fine and revocation
- Maximum: Revocation
|
| Telehealth Registrants | |
(nn) Failure to display hyperlink on telehealth registrant’s website
→Telehealth Registrants ONLY | First Offense | - Minimum: Letter of Concern
- Maximum: Reprimand, suspension until compliant, and completion of a corrective action plan
|
| Second and subsequent offense | - Reprimand, suspension until complaint, corrective action plan completion up to revocation
|
(oo) 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 ONLY | First Offense | - Minimum: Reprimand, suspension until license is active and unencumbered in all jurisdictions where restricted or action was taken, and completion of a corrective action plan
- Maximum: Revocation
|
| Second and subsequent offense | - Minimum: Reprimand, suspension until license is active and unencumbered in all jurisdictions where restricted or action was taken, and completion of a corrective action plan
- Maximum: Revocation
|
(pp) Opening an office in Florida or providing in-person healthcare services to patients in Florida (Section 456.74(4)(f), F.S.)
→Telehealth Registrants ONLY | First Offense | |
