FLORIDA BOARD OF OSTEOPATHIC MEDICINE
The FLORIDA BOARD OF OSTEOPATHIC MEDICINE is governed by the following rules:
The board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 459, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed during a formal or informal hearing unless the board finds it necessary to deviate from the guidelines for the stated reasons given within this rule. Each range includes the lowest and highest penalty and all penalties falling between. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: letter of concern; reprimand; probation; fine; restriction or certification with restrictions; suspension, revocation or refusal to certify. Pursuant to Section 459.015(2), F.S., combinations of these penalties are permissible by law. Nothing in this rule shall preclude any discipline imposed upon an applicant or licensee pursuant to a stipulation or settlement agreement, nor shall the ranges of penalties set forth in this rule preclude the probable cause panel from issuing a letter of guidance upon a finding of probable cause where appropriate.
Specific Authority 456.079, 459.005, 459.015(5) FS. Law Implemented 456.079 FS. History–New 9-30-87, Formerly 21R-19.001, 61F9-19.001, 59W-19.001, Amended 2-2-98, 11-12-00.
64B15-19.003 Aggravating or Mitigating Circumstances.
When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board of osteopathic medicine by clear and convincing evidence, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the hearing officer prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. Aggravating and mitigating circumstances shall include, but not be limited to the following:
(1) The danger to the public;
(2) The length of time since the violations;
(3) The number of times the licensee has been previously disciplined by the Board;
(4) The length of time the licensee has practiced;
(5) The actual damage, physical or otherwise, caused by the violation;
(6) The deterrent effect of the penalty imposed;
(7) The effect of penalty upon the licensee’s livelihood;
(8) Any effort of rehabilitation by the licensee;
(9) The actual knowledge of the licensee pertaining to the violation;
(10) Attempts by the licensee to correct or stop violations or refusal by licensee to correct or stop violations;
(11) Related violations against licensee in another state, including findings of guilt or innocence, penalties imposed and penalties served;
(12) The actual negligence of the licensee pertaining to any violations;
(13) The penalties imposed for related offenses;
(14) The pecuniary gain to the licensee;
(15) Any other relevant mitigating or aggravating factors under the circumstances. Any penalties imposed by the board may not exceed the maximum penalties set forth in Section 459.015(2), F.S.
Specific Authority 456.079 FS. Law Implemented 456.079 FS. History–New 9-30-87, Formerly 21R-19.003, 61F9-19.003, 59W-19.003, Amended 7-13-04.