61G18-30.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to update disciplinary guidelines and fines.
SUMMARY: Disciplinary guidelines and fines will be updated.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Cost has been prepared and is available by contacting Juanita Chastain, Executive Director, at the address listed below.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 455.2273(1), 474.206 FS.
LAW IMPLEMENTED: 455.2273, 455.2281, 474.213, 474.214 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Board of Veterinary Medicine, 1940 North Monroe Street, Tallahassee, Florida 32399-0750
THE FULL TEXT OF THE PROPOSED RULE IS:
61G18-30.001 Disciplinary Guidelines.
(1) When the Board finds an applicant or licensee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.213(1), F.S., which are felonies of the third degree as well as violations of the Practice act, it shall issue a final order imposing appropriate penalties, using the following disciplinary guidelines.
(a) Practicing veterinary medicine in this State unless a person holds an active license to practice veterinary medicine pursuant to Chapter 474, F.S. |
In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine from In the case of a non-licensed veterinarian practicing veterinary medicine in the State of Florida the Board shall request that the Department issue a Cease and Desist Order and an administrative fine from In the case of a non-veterinarian practicing veterinary medicine in the State of Florida the Board shall request that the Department issue a Cease and Desist Order and impose an administrative fine from |
(b) Using the name or title “veterinarian” when the person has not been licensed pursuant to Chapter 474, F.S. |
In the case of an applicant, the usual action of the Board shall be to request that the Department issue a Cease and Desist Order, which shall remain in effect until licensure is granted, and an administrative fine of |
(c) Presenting as one’s own license the license of another. |
The usual action of the Board shall be to request that the Department issue a Cease and Desist Order, and an administrative fine of five thousand dollars ($5,000.00) and, upon issuance of licensure, imposition of a one (1) year probationary period. |
(d) Giving false or forged evidence to the Board, or a member thereof, for the purpose of obtaining a license. |
In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee shall be to impose a penalty of a five thousand dollar ($5,000.00) administrative fine and revocation of any license obtained based on false or forged evidence. |
(e) Using or attempting to use a veterinarian’s license which has been suspended or revoked. |
In the case of an applicant, the usual action shall be denial of licensure and to request the Department issue a Cease and Desist Order. The usual action of the Board in the case of a licensee shall be to impose revocation if the subject’s license has been suspended and an administrative fine of five thousand dollars ($5,000.00). |
(f) Knowingly employing unlicensed persons in the practice of veterinary medicine. |
The usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine from |
(g) Knowingly concealing information relative to a violation of Chapter 474, F.S. |
The usual action of the Board shall be to impose a penalty of six (6) months probation and a one thousand dollar ($1,000.00) administrative fine. |
(h) Obtaining or attempting to obtain a license by fraud. |
Revocation or denial of licensure plus an administrative fine of five thousand dollars ($5,000.00). |
(i) Selling or offering to sell a diploma conferring a degree in veterinary medicine or a license to practice veterinary medicine in this state. |
A fine of five thousand dollars ($5,000.00) and revocation. |
(j) Leading the public to believe that the the person is licensed as a veterinarian or is engaged in the licensed practice of veterinary medicine without a valid active license. |
In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine of two thousand dollars ($2,000.00) and, upon eligibility for licensure, imposition of a one (1) year probationary period. In the case of a non-licensed veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) plus one (1) year In the case of a non-veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) for each count. |
(k) Knowingly operating a veterinary establishment or premises without a valid premise permit. |
The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). The Board shall also require that a premise permit be obtained or request the Department to issue a Cease and Desist Order. |
(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines:
(a) Attempting to procure, or procuring, a license to practice veterinary medicine or a permit to own and operate a veterinary establishment, by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board. |
In the case of an applicant, the usual action of the Board shall be denial of licensure or permit. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty of revocation and an administrative fine from |
(b) Having a license to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. |
The usual action of the Board will be a penalty generally concurrent with that of the other jurisdiction with the addition of appropriate safeguards as determined by the Board. |
(c) Being convicted or found guilty, regardless of an adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine. |
In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty ranging from an administrative fine from |
(d) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian. |
The usual action of the Board shall be to impose a penalty of a one (1) year suspension followed by probation for a period of one (1) year and an administrative fine from |
(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. |
In the case of violations, which are not resolved by the Board’s rule concerning minor violations, the usual action of the Board shall be to impose a one thousand dollar ($1,000.00) administrative fine. |
(f) Violating a statute or administrative rule regulating practice under this chapter or Chapter 455, F.S., or a lawful disciplinary order or subpoena of the Board or the Department. |
The usual action of the Board shall be to impose a penalty ranging from a reprimand up to two (2) years suspension followed by two (2) years of probation |
(g) Practicing with a revoked, suspended, or inactive license. |
The usual action of the Board shall be to impose a penalty consistent with subsection (1)(a) above. In the case of a licensed veterinarian being found late in payment of renewal fees, the veterinarian shall have thirty days from receipt of official notice from the Department of Business and Professional Regulation to become current in payment of fees to the Department and pay an administrative fine of five hundred dollars ($500.00). If the delinquent veterinarian does not respond to the Department within the above mentioned thirty days, the Board shall request that the Department issue a Cease and Desist Order, which shall remain in effect until license renewal fees and an administrative fine of one thousand dollars ($1,000.00) are paid. |
(h) Being unable to practice veterinary medicine with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. |
The usual action of the Board shall be to impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board. If the individual is an applicant, the usual action shall be to deny the application. |
(i) Judicial determination of mental incompetency. |
The usual action of the Board shall be to impose a penalty of suspension or denial of licensure until there is a legal restoration of the licensee’s competency to be followed by probation under such terms and conditions as set by the Board. |
(j) Knowingly maintaining a professional connection or association with any person who is in violation of the provisions of Chapter 474, F.S., or the rules of the Board. |
The usual action of the Board shall be to impose a penalty of an administrative fine from |
(l) Performing or prescribing unnecessary or unauthorized treatment. |
The usual action of the Board shall be to impose a penalty ranging from a reprimand to a one (1) year probationary period and an administrative fine from |
(m) Engaging in fraud in the collection of fees from consumers or any person, agency, or organization paying fees to practitioners. |
The usual action of the Board shall be to impose a penalty of up to two (2) years |
(n) Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public. |
The usual action of the Board shall be to impose a penalty of probation for a period of one (1) year and a two thousand dollar ($2,000.00) administrative fine and revocation of the veterinarian’s license to practice in the State of Florida if this violation is repeated. |
(o) Fraud, deceit, negligence, incompetency, or misconduct in the practice of veterinary medicine. |
The usual action of the Board shall be to impose a penalty ranging from probation for a period of one (1) year and an administrative fine from |
(p) Being convicted of a charge of cruelty to animals. |
The usual action of the Board shall be to impose a penalty ranging from up to two (2) years |
(q) Permitting or allowing another to use a veterinarian’s license for the purpose of treating or offering to treat sick, injured, or afflicted animals. |
The usual action of the Board shall be to impose a penalty of up to one (1) year |
(r) Being guilty of incompetence or negligence by failing to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veternarian as being acceptable under similar conditions and circumstances. |
The usual action of the Board shall be to impose a penalty of probation for a period of one (1) year and an administrative fine from |
(s) Willfully making any misrepresentations in connection with the inspection of food for human consumption. |
The usual action of the Board shall be to impose a penalty of a suspension followed by probation for a period of one (1) year and a four thousand dollar ($4,000.00) administrative fine. |
(t) Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine relating to the presence or absence of animal diseases or transportin animals or issuing any false certificate relating to the sale of products of animal origin for human consumption. |
The usual action of the Board shall be to impose a penalty of ranging from |
(u) Engaging in fraud or dishonesty in applying, treating, or reporting on tuberculin, diagnostic, or other bioloigical tests. |
The usual action of the Board shall be to impose a penalty of ranging from |
(v) Failing to keep the equipment and premises of the business establishment in a clean and sanitary condition of having a premise permit suspended or revoked pursuant to Section 474.215, F.S. |
The usual action of the Board shall be to suspend the premise permit until compliance with requirements followed by a period of probation for up to one (1) year and an administrative fine from |
(w) Practicing veterinary medicine at a location for which a valid premise permit has not been issued when required under Section 474.215, F.S. |
The usual action of the Board shall be to impose a penalty of a one thousand dollar ($1,000.00) administrative fine and to require remedial education. The Board shall also require that a premise permit be obtained or the Department shall be requested to issue a Cease and Desist Order. |
(x) Refusing to permit the Department to inspect the business premises of the licensee during regular business hours. |
The usual action of the Board shall be to impose a penalty of a two thousand dollar ($2,000.00) administrative fine, unless circumstances legally justify such action by the veterinarian and/or request that the Department issue a Cease and Desist Order. |
(y) Using the privilege of ordering, prescribing, or making available medicinal drugs or drugs defined in Chapter 465, F.S., or controlled substances as defined in Chapter 893, F.S., for use other than for the specific treatment of animal patients for which there is a documented veternarian/client/patient relationship. Pursuant thereto, the veternarian shall: |
For violations involving medicinal drugs or drugs defined in Chapter 465, F.S., the usual action of the Board shall be to impose a penalty ranging from a reprimand up to two (2) years |
1. Have sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian is personally acquainted with the keeping and the caring of the animal and has recent contact with the animal or has made medically appropriate and timely visits to the premises where the animal is kept. |
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2. Be available to provide for follow up care and treatment in case of adverse reactions of failure of the regimen of therapy. |
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3. Maintain records which document patient visits, diagnosis, treatment, and other relevant information required under this Chapter. The documented patient/client/veterinarian relationship cited in Section 474.214, F.S., is herein defined as a veterinarian’s record of a client’s animal which documents that the veterinarian has seen the animal in a professional capacity within a period of 12 months or less. |
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(z) Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in Chapter 465, F.S., controlled substances as defined in Chapter 893, F.S., or any material, chemical, or substance used exclusively for animal treatment. |
For violations involving medicinal drugs or drugs defined in Chapter 465, F.S. the usual action of the Board shall be to impose a penalty of a suspension for a period of up to two (2) |
(aa) Failing to report to the Department any person the licensee knows to be in violation of Chapter 474, F.S., or the rules of the Board or Department. |
The usual action of the Board shall be issuance of a reprimand and a fine of up to one thousand dollars ($1,000.00) |
(bb) Violating any of the requirements of Chapter 499, F.S., the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 seq., the Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the Federal Drug Abuse Act; or Chapter 893, F.S. |
The usual action of the Board shall be to impose a penalty of probation for a period of up to two (2) |
(cc) Failing to provide adequate radiation safeguards. |
The usual action of the Board shall be issuance of a reprimand plus the violator must pay cost of investigation and provide proof of compliance with the rule. |
(dd) Failing to perform any statutory or legal obligation placed upon a licensee. |
The usual action of the Board shall be a penalty ranging from the issuance of a reprimand |
(ee) Failing to keep contemporaneously written medical records as required by rule of the Board. |
The usual action of the Board shall be issuance of a reprimand and up to one (1) year |
(ff) Prescribing or dispensing legend drug as defined in Chapter 465, F.S., including any controlled substance, inappropriately or in excessive or inappropriate quantities. |
The usual action of the Board shall be to impose a penalty of an administrative fine from |
(gg) Practicing or offering to practice beyond the scope permitted by law. |
The usual action of the Board shall be issuance of a reprimand up to one (1) year |
(hh) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them. |
The usual action of the Board shall be to impose a penalty of an administrative fine from |
(ii) Presigning blank prescription forms. |
The usual action of the Board shall be to impose a penalty ranging from suspension of the veterinarian’s license for a period of up to one (1) year followed by probation for a period of up to one (1) year and |
(jj) Failing to report to the Board within 30 days, in writing, any action set forth in paragraph (b) that has been taken against the practitioner’s license to practice veterinary medicine by any jurisdiction, including any agency or subdivision thereof. |
The usual action of the Board shall be the issuance of a reprimand and an administrative fine from |
(kk) Aiding or assisting another person in violating any provision of this chapter or any rule adopted pursuant thereto. |
The usual action of the Board shall be a period of probation from one (1) to three (3) years and an administrative fine from |
(ll) Failing to respond within sixty (60) days after receipt of a request to provide satisfactory proof of having satisfactory proof of having participated in approved continuing education programs. |
The usual action of the Board shall be suspension until the Board receives acceptable response to the request and |
(mm) Failing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances. |
The usual action of the Board shall be an administrative fine from |
(nn) Failing to report a change of address to the Board within sixty (60) days thereof. |
The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00) |
(oo) Failure of the responsible veterinarian or permittee to report a change of premises ownership or responsible veterinarian within sixty (60) days thereof. |
The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00) |
(pp) Failing to give the owner of a patient, before dispensing any drug, a written prescription when requested. |
The usual action of the Board shall be an administrative fine of two |
(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines:
(a) Misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine. |
The usual action of the Board will be to impose a penalty ranging from suspension for up to one (1) year followed by |
(b) Intentionally violating any rule adopted by the Board or the Department. |
The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand and an administrative fine of from |
(c) Being convicted of a felony which relates to the practice of veterinary medicine. |
The usual action of the Board will be revocation and an administrative fine of up to five thousand dollars ($5,000.00). |
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(d) Being adjudicated mentally incompetent. |
The usual action of the Board will be consistent with paragraph (2)(j) above. |
(e) The license has been obtained by fraud or material misrepresentation of a material fact. |
The usual action of the Board will be revocation of the license and an administrative fine of up to five |
(f) Use of a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules promulgated pursuant to Section 501.122(2), F.S., governing the registration of such devices with the Department of Health and Rehabilitation. |
The usual action of the Board will be an administrative fine of up to three |
(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee. |
The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand up to suspension for a period of up to two (2) years followed by probation for a period of up to two (2) years and an administrative fine from |
(h) 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. |
The usual action of the Board will be to impose a penalty ranging from suspension for a period of up to two (2) years followed by |
(i) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. |
The usual action of the Board will be suspension for a period of up to two (2) years followed by probation for a period of up to two (2) years and an administrative fine from |
(4) through (7) No change.
Specific Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 455.2281, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06,________.