VIOLATIONS

RECOMMENDED PENALTIES

First Offense

Second Offense

Third Offense

(a) Failure to pay any civil penalty imposed by order of the Board within thirty days of the effective date of the order as required by Rule 64B12-8.017, F.A.C.

(a) From reprimand to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(a) From probation to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(a) From suspension to revocation of license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(b)(a) Failure to give notice of withdrawal of services pursuant to Rule 64B12-10.003, F.A.C.

(b)(a) From reprimand to probation of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(b)(a) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(b)(a) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(c) Failure to identify through written notice or orally to a patient the type of license under which the practioner is practicing pursuant to Rule 64B12-10.0035, F.A.C.

(c)  From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(c)  From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(c) From suspension to revocation of  license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(d)(b) Failure to properly keep and transfer prescription files pursuant to Rule 64B12-10.006, F.A.C.

(d)(b) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(d)(b) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(d)(b) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(e)(c) Failure to assure that duplicate prescription forms contain the information required by Rule 64B12-10.0065, F.A.C.

(e)(c) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(e)(c) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(e)(c) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(f)(d) Failure to maintain the equipment required by Rule 64B12-10.007, F.A.C.

(f)(d) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(f)(d) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(f)(d) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(g) Failure to provide change of address, pursuant to Rule 64B12-10.012, F.A.C.

(g) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(g) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(g) From reprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(e) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Department will enter a cease and desist order.

(456.065(2) and 484.013(1)(b), F.S.)

(e) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.

(e) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

(e) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(f) Failure to return certificates and licenses to the Department.

(f) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(f) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(f) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(g) Failure to pay any civil penalty imposed by order of the Board within thirty days of the effective date of the order as required by Rule 64B12-8.017, F.A.C.

(g) From reprimand to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(g) From probation to suspension of the license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(g) From suspension to revocation of license until such time as the fine has been paid and the licensee personally appears before the Board, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(h) - (m) No change.

(h) - (m) No change.

(h) - (m) No change.

(h) - (m) No change.

(n) Failure to provide change of address, pursuant to Rule 64B12-10.012, F.A.C.

(n) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(n) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(n) From reprimand to suspension of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

VIOLATIONS

RECOMMENDED PENALTIES

First Offense

Second Offense

Third Offense

(a) Failure to return certificates and licenses to the Department. (456.013(2), F.S.)

(a) From a letter of concern to reprimand of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(a) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(a) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(b)(a) Failure to report allegations of sexual misconduct to the department, regardless of the practice setting in which the alleged sexual misconduct occurred. (456.063(3), F.S.)

(b)(a) From reprimand to suspension of the license, and an administrative fine ranging from $1,500.00 to $5,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

(b)(a) From probation to suspension of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

(b)(a) From suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure. If fraud or making a false or fraudulent representation is proven, the administrative fine is $10,000.00.

(c) Failure to have a licensed optician on the business premises at any time that opticianry is being practiced. Should the violator be an unlicensed person, the Department will enter a cease and desist order.

(456.065(2) and 484.013(1)(b), F.S.)

(c) From a reprimand to probation of the license, and an administrative fine ranging from $250.00 to $750.00, or refusal to certify an application for licensure.

(c) From probation to suspension of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for  licensure.

(c) From suspension to revocation of license, and an administrative fine ranging from $750.00 to $1,000.00, or refusal to certify an application for licensure.

(d)(b) Making misleading, deceptive, or fraudulent representations in or related to the practice of opticianry.

(456.072(1)(a), F.S.)

(d)(b) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(d)(b) From probation to revocation of the license, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(d)(b) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representations are proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(e)(c) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

(456.072(1)(e), F.S.)

(e)(c) From letter of concern to reprimand of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

(e)(c) From reprimand to probation of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

(e)(c) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(f)(d) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

(456.072(1)(g), F.S.)

(f)(d) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

(f)(d) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

(f)(d) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(g)(e) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice opticianry contrary to Chapters 484 and 456, F.S., or the rules of the department or the board.

(456.072(1)(j), F.S.)

(g)(e) From reprimand to suspension of the license, and an administrative fine ranging from $2,000.00 to $5,000.00, or refusal to certify an application for licensure.

(g)(e) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

(g)(e) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(h)(f) Failure to perform legal obligation.

(456.072(1)(k), F.S.)

(h)(f) From reprimand to suspension of the license, and an administrative fine ranging from $500.00 to $2,500.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

(h)(f) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

(h)(f) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure. If the violation is for fraud or making a false or fraudulent representation, the administrative fine is $10,000.00.

(i)(g) 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.

(456.072(1)(m), F.S.)

(i)(g)  From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(i)(g)  From probation to suspension of the license, without the ability to reapply, and an administrative fine ranging from $3,000.00 to $5,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(i)(g)  From suspension to revocation of license, without the ability to reapply, and an administrative fine ranging from $5,000.00 to $10,000.00, and if fraudulent representation(s) is proven, an administrative fine of $10,000.00, or refusal to certify an application for licensure.

(j)(h)  Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

(456.072(1)(o), F.S.)

(j)(h)  From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

(j)(h)  From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

(j)(h)  From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(k)(i) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

(456.072(1)(p), F.S.)

(k)(i) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $2,500.00, or refusal to certify an application for licensure.

(k)(i) From probation to revocation of the license, and an administrative fine ranging from $2,500.00 to $5,000.00, or refusal to certify an application for licensure.

(k)(i) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(l)(j) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

(456.072(1)(r), F.S.)

(l)(j) From reprimand to probation of the license, and an administrative fine ranging from $500.00 to $1,000.00, or refusal to certify an application for licensure.

(l)(j) From probation to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

(l)(j) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(m)(k) Engaging or attempting to engage a patient or client in verbal or physical sexual activity. For the purposes of this section, a patient or client shall be presumed to be incapable of giving free, full, and informed consent to verbal or physical sexual activity.

(456.072(1)(v), F.S.)

(m)(k) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

(m)(k) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

(m)(k) From suspension to revocation of license, and an administrative fine ranging from $5,000.00 to $10,000.00, or refusal to certify an application for licensure.

(n)(l) Failing to report to the board, or the department if there is no board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

(456.072(1)(x), F.S.)

(n)(l) From reprimand to suspension of the license, and an administrative fine ranging from $1,000.00 to $5,000.00, or refusal to certify an application for licensure.

(n)(l) From probation to revocation of the license, and an administrative fine ranging from $5,000.00 to $7,500.00, or refusal to certify an application for licensure.

(n)(l) From suspension to revocation of license, and an administrative fine ranging from $7,500.00 to $10,000.00, or refusal to certify an application for licensure.

(o)(m)  Termination from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant as described in Section

456.076, F.S.

Termination can be for failure to comply with the terms of the monitoring or treatment contract entered into by the licensed practitioner, failure to successfully complete any drug treatment or alchohol-treatment program, or termination from a monitoring or treatment contract without good cause. (456.072(1)(hh), F.S.)

(o)(m) From reprimand to suspension of the license, and an administrative fine ranging from $250.00 to $500.00, or refusal to certify an application for licensure.

(o)(m) From probation to revocation of the license, and an administrative fine ranging from $500.00 to $750.00, or refusal to certify an application for licensure.

(o)(m) From suspension to revocation of the license, and an administrative fine ranging from $750.00 to $1,000.00 or refusal to certify an application for licensure.