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Florida Occupational Therapy Unprofessional Conduct 

The following acts constitute grounds for denial of a license or disciplinary action:

  • Attempting to obtain, obtaining, or renewing a license to practice occupational therapy by bribery, by fraudulent misrepresentation, or through an error of the department or the board.
  • Having a license to practice occupational therapy revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.
  • Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of occupational therapy or to the ability to practice occupational therapy. A plea of nolo contendere shall be considered a conviction for the purposes of this part.
  • False, deceptive, or misleading advertising.
  • Advertising, practicing, or attempting to practice under a name other than one’s own name.
  •  Failing to report to the department any person who the licensee knows is in violation of this part or of the rules of the department or of the board. However, a person who the licensee knows is unable to practice occupational therapy with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.
  • Aiding, assisting, procuring, or advising any unlicensed person to practice occupational therapy contrary to this part or to a rule of the department or the board.
  • Failing to perform any statutory or legal obligation placed upon a licensed occupational therapist or occupational therapy assistant.
  • Making or filing a report 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 do so. Such reports or records include only those which are signed in the capacity as a licensed occupational therapist or occupational therapy assistant.
  • Paying or receiving any commission, bonus, kickback, or rebate to or from, or engaging in any split-fee arrangement in any form whatsoever with, a physician, organization, agency, or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent an occupational therapist or occupational therapy assistant from receiving a fee for professional consultation services.
  • Exercising influence within a patient-therapist relationship for purposes of engaging a patient in sexual activity. A patient is presumed to be incapable of giving free, full, and informed consent to sexual activity with the patient’s occupational therapist or occupational therapy assistant.
  • Making deceptive, untrue, or fraudulent representations in the practice of occupational therapy or employing a trick or scheme in the practice of occupational therapy if such scheme or trick fails to conform to the generally prevailing standards of treatment in the occupational therapy community.
  • Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct. A “solicitation” is any communication which directly or implicitly requests an immediate oral response from the recipient.
  • Failing to keep written records justifying the course of treatment of the patient, including, but not limited to, patient histories, examination results, and test results.
  • Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party which includes, but is not limited to, the promoting or selling of services, goods, appliances, or drugs.
  •  Performing professional services which have not been duly authorized by the patient or client, or his or her legal representative, except as provided in s. 768.13.
  • Gross or repeated malpractice or the failure to practice occupational therapy with that level of care, skill, and treatment which is recognized by a reasonably prudent similar occupational therapist or occupational therapy assistant as being acceptable under similar conditions and circumstances.
  • Performing any procedure which, by the prevailing standards of occupational therapy practice in the community, would constitute experimentation on a human subject without first obtaining full, informed, and written consent.
  • Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform.
  • Being unable to practice occupational therapy with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon probable cause, authority to compel an occupational therapist or occupational therapy assistant to submit to a mental or physical examination by physicians designated by the department. The failure of an occupational therapist or occupational therapy assistant to submit to such examination when so directed constitutes an admission of the allegations against him or her, upon which a default and final order may be entered without the taking of testimony or presentation of evidence, unless the failure was due to circumstances beyond his or her control. An occupational therapist or occupational therapy assistant affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of occupational therapy with reasonable skill and safety to patients. In any proceeding under this paragraph, neither the record of proceedings nor the orders entered by the board shall be used against an occupational therapist or occupational therapy assistant in any other proceeding.
  • Delegating professional responsibilities to a person when the licensee who is delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.
  • Violating a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.
  • Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.
  • Violating any provision of this chapter or chapter 456, or any rules adopted pursuant.
  • The board may enter an order denying licensure or imposing any of the penalties against any applicant for licensure or licensee who is found guilty of violating any provision of this section or who is found guilty of violating any provision of s.456.072(1)
  • The board may not reinstate the license of an occupational therapist or occupational therapy assistant, or cause a license to be issued to a person it has deemed unqualified, until such time as the board is satisfied that such person has complied with all the terms and conditions set forth in the final order and is capable of safely engaging in the practice of occupational therapy.

VIOLATION

PENALTY RANGE

MINIMUM

MAXIMUM

Attempting to obtain a license or certificate by bribery, fraud or through an error of the Department or the Board.

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.

First Offense

Revocation with ability to reapply and $1,000 fine.

Revocation with ability to reapply and $3,000 fine.

Second Offense

Revocation with ability to reapply and $3,000 fine.

Revocation with ability to reapply and $6,000 fine.

Third Offense

Revocation with ability to reapply and $6,000 fine.

Revocation with no ability to reapply and $10,000 fine.

Action taken against license by another jurisdiction.

First Offense

Imposition of discipline which would have been if the substantive violation occurred in Florida and $100 fine.

Revocation

Second Offense

Imposition of discipline which would have been if the substantive violation occurred in Florida and a $1,000 fine.

Revocation

Third Offense

Revocation and $10,000 fine.

Guilt of a crime directly relating to practice or ability to practice.

First Offense

6 months probation with conditions and $1,000 fine.

Revocation and $5,000 fine.

Second Offense

1 year suspension and $5,000 fine.

Revocation and $10,000 fine.

False, deceptive, or misleading advertising.

First Offense

Reprimand.

6 months suspension and $250 fine.

Second Offense

6 months suspension and $250 fine.

9 months suspension and $500 fine.

Third Offense

9 months suspension and $500 fine.

1 year suspension and $5,000 fine.

Advertising, practicing under a name other than one’s own name.

First Offense

Reprimand.

6 months suspension and $100 fine.

Second Offense

6 months suspension and $100 fine.

9 months suspension and $500 fine.

Third Offense

9 months suspension and $500 fine.

1 year suspension and $5,000 fine.

 Failure to report another licensee in violation

First Offense

Reprimand and $100 fine.

Reprimand and $500 fine.

Second Offense

Reprimand and $500 fine.

6 months probation with conditions and $1,000 fine.

Third Offense

6 months probation with conditions and $1,000 fine.

6 months probation with conditions and $5,000 fine.

Aiding unlicensed practice.

First Offense

1 year probation with conditions and $1,000 fine.

6 months suspension, 1 year probation with conditions and $3,000 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $3,000 fine.

1 year suspension, 2 years probation with conditions and $6,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $6,000 fine.

Revocation and $10,000 fine.

Failure to perform legal obligation.

First Offense

Letter of Concern and $100 fine.

6 months probation with conditions and $100 fine, unless otherwise provided by the law.

Second Offense

6 months probation with conditions and $100 fine.

6 months suspension, 1 year probation with conditions and $1,000 fine, unless otherwise provided by the law.

Third Offense

6 months suspension, 1 year probation with conditions and $500 fine.

Revocation and $5,000 fine.

Failing to file a report as required.

However, if the violation is for making a false or fraudulent representation, a fine of $10,000 per count or offense.

First Offense

1 year probation with conditions and $100 fine.

6 months suspension, 1 year probation with conditions and $250 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $250 fine.

Revocation and $1,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $1,000 fine.

Revocation and $10,000 fine.

Kickbacks or split fee arrangements.

First Offense

6 months suspension, 1 year probation with conditions and $500 fine.

Revocation and $5,000 fine.

Second Offense

1 year suspension, 2 years probation with conditions and $1,000 fine.

Revocation and $8,000 fine.

Third Offense

2 years suspension, 3 years probation with conditions and $2,500 fine.

Revocation and $10,000 fine.

Exercising influence to engage patient in sex.

First Offense

1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.

Revocation and $7,500 fine.

Second Offense

Revocation and $7,500 fine.

Revocation and $10,000 fine.

Deceptive, untrue, or fraudulent representations in the practice.

First Offense

1 year probation with conditions and $10,000 fine.

1 year suspension, 1 year probation with conditions and $10,000 fine.

Second Offense

1 year suspension, 1 year probation with conditions and $10,000 fine.

Revocation and $10,000 fine.

Third Offense

2 years suspension, 2 years probation with conditions and $10,000 fine.

Revocation and $10,000 fine.

Improper solicitation of patients.

First Offense

1 year probation with conditions and $500 fine.

6 months suspension, 1 year probation with conditions and $2,000 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $1,500 fine.

1 year suspension, 2 years probation with conditions and $5,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $3,000 fine.

Revocation and $10,000 fine.

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.

First Offense

Reprimand and $300 fine.

Reprimand and $1,000 fine.

Second Offense

Reprimand and $1,000 fine.

6 months suspension, 1 year probation with conditions and $5,000 fine.

Third Offense

6 months suspension, 1 year probation with conditions and $3,000 fine.

1 year suspension, 2 years probation with conditions and $10,000 fine.

Exercising influence on patient for financial gain.

First Offense

1 year probation with conditions and $1,000 fine.

1 year suspension, 2 years probation with conditions and $7,5000 fine.

Second Offense

Revocation and $5,000 fine.

Revocation and $10,000 fine.

Performing professional services not authorized by patient.

First Offense

Reprimand and $500 fine.

Reprimand and $1,000 fine.

Second Offense

Reprimand and $1,000 fine.

6 months probation with conditions and $5,000 fine.

Third Offense

6 months probation with conditions and $3,000 fine.

Revocation and $10,000 fine.

Malpractice.

First Offense

1 year probation with conditions and $1,000 fine.

1 year suspension, 2 years probation with conditions or denial and $5,000 fine.

Second Offense

1 year suspension, 2 years probation with conditions and $5,000 fine.

Revocation and $10,000 fine.

Performing of experimental treatment without informed consent.

First Offense

1 year suspension, 1 year probation with conditions and $1,000 fine.

2 years suspension, 2 years probation with conditions or denial and $5,000 fine.

Second Offense

Revocation and $5,000 fine.

Revocation and $10,000 fine.

Practicing beyond scope permitted.

First Offense

Reprimand and $100 fine.

6 months suspension, 6 months probation with conditions or denial and $1,500 fine.

Second Offense

6 months suspension, 6 months probation with conditions and $1,500 fine.

1 year suspension, 1 year probation with conditions and $7,500 fine.

Third Offense

1 year suspension, 1 year probation with conditions and $3,000 fine.

Revocation and $10,000 fine.

Inability to practice occupational therapy with skill and safety.

First Offense

Submit to mental/physical examination and impose conditions on practice.

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.

Submit to mental/physical examination and suspension until able to demonstrate ability to practive with reasonable skill and safety, followed by probation with conditions, and $3,000 fine.

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.

Revocation and $5,000 fine.

Delegation of professional responsibilities to unqualified person.

First Offense

1 year probation with conditions and $1,000 fine.

6 months suspension, 1 year probation with conditions and $3,000 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $3,000 fine.

1 year suspension, 2 years probation with conditions and $6,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $6,000 fine.

Revocation and $10,000 fine.

Violation of order, or failure to comply with subpoena.

First Offense

Suspension until order or subpoena complied with and $500 fine.

Revocation and $1,500 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $1,500 fine.

Revocation and $5,000 fine.

Conspiring to restrict another from lawfully advertising services.

First Offense

Reprimand.

Reprimand and $100 fine.

Second Offense

Reprimand and $100 fine.

Reprimand and $500 fine.

Third Offense

Reprimand and $500 fine.

Reprimand and $1,000 fine.

Violating Chapters 468, 456, F.S., or any rules adopted pursuant thereto.

First Offense

Suspension until law or rule complied with and $500 fine.

Revocation and $1,500 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $1,500 fine.

Revocation and $5,000 fine.

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.

First Offense

1 year probation with conditions and $1,000 fine.

1 year suspension, 2 years probation with conditions and $5,000 fine.

Second Offense

1 year suspension, 2 years probation with conditions and $5,000 fine.

Revocation and $10,000 fine.

Intentionally violating any rule adopted by the Board or the Department as appropriate.

First Offense

6 months suspension, 1 year probation with conditions and $1,000 fine.

1 year suspension, 2 years probation with conditions and $3,000 fine.

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.

First Offense

6 months probation with conditions and $1,000 fine.

Revocation and $5,000 fine.

Second Offense

1 year suspension and $5,000 fine.

Revocation and $10,000 fine.

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

First Offense

Letter of Concern.

6 months probation with conditions and $500 fine.

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

First Offense

1 year probation with conditions and $1,000 fine.

6 months suspension, 1 year probation with conditions and $5,000 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $2,000 fine.

1 year suspension, 2 years probation with Conditions and $10,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $4,000 fine.

Revocation and $10,000 fine.

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.

First Offense

1 year probation with conditions and $10,000 fine.

1 year suspension, 1 year probation with conditions and $10,000 fine.

Second Offense

1 year suspension, 1 year probation with conditions and $10,000 fine.

Revocation and $10,000 fine.

Third Offense

2 years suspension, 2 years probation with conditions and $10,000 fine.

Revocation and $10,000 fine.

Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.

First Offense

6 months probation with conditions and $1,000 fine.

6 months suspension, 1 year probation with conditions and $2,000 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $2,000 fine.

1 year suspension, 1 years probation with conditions and $5,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $4,000 fine.

Revocation and $10,000 fine.

Engaging or attempting to engage a patient in verbal or physical sexual activity.

First Offense

1 year suspension, 4 years probation with conditions referral to PRN and $5,000 fine.

Revocation and $7,500 fine.

Second Offense

Revocation and $7,500 fine.

Revocation and $10,000 fine.

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.

First Offense

Reprimand.

6 months suspension, 1 year probation with conditions and $500 fine.

Second Offense

6 months suspension, 1 year probation with conditions and $500 fine.

1 year suspension, 2 years probation with Conditions and $1,000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $1,000 fine.

Revocation and $5,000 fine.

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.

First Offense

1 year probation with conditions and $1,000 fine.

6 months suspension, 1 year probation with conditions and $4,000 fine.

Second Offense

6 months suspension, 2 years probation with conditions and $2,000 fine.

1 year suspension, 2 years probation with conditions and $7,5000 fine.

Third Offense

1 year suspension, 2 years probation with conditions and $4,000 fine.

Revocation and $10,000 fine.

Failing to finish PRN treatment program or failing without just cause to comply with PRN contract.

First Offense

Suspension until compliant with program; up to suspension until compliant with program, followed by up to 5 years probation with conditions.

Second or Subsequent Offense

Up to $2000 fine, suspension until compliant with program followed by up to 5 years probation with conditions, or revocation.

Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, relating to the Medicaid program.

First Offense

Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

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.

First Offense

Letter of concern and a fine of $500.

Probation and a fine of $2,500.

Second Offense

Reprimand and a fine of $2,500.

Reprimand, probation and a fine of $5,000.

Third Offense

Suspension and a fine of $5,000.

Revocation and a fine of $5,000.

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 wasterminated has been restored.

First Offense

Letter of concern and a fine of $1,000.

Probation and a fine of $1,000.

Second Offense

Probation and a fine of $1,000.

Suspension and a fine of $5,000.

Third Offense

Suspension and a fine of $5,000.

Revocation and a fine of $10,000.

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.

First Offense

Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.

First Offense

Letter of Concern and $500 fine.

6 months probation with conditions and $1,000 fine.

Second Offense

Reprimand and $3,000 fine.

Revocation and $5,000 fine.

Third Offense

Reprimand and $5,000 fine.

Revocation and $10,000 fine.

Testing positive for any drug on confirmed preemployment or employer ordered drug screening without lawful prescription.

First Offense

Submit to mental/physical examination and impose conditions on practice.

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.

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

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.

Revocation and $5,000 fine.

Citation

Fla. Stat. ยง 468.217

Fla. Admin Code R. 64B11-4.003



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