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reapply and a fine from $3,000 to $10,000 (o) Malpractice. (468.365(1)(o), F.S.) First Offense From one year probation with conditions to revocation, and an administrative fine from $500 to $2,000. Second Offense From two years probation with conditions to revocation and a fine from $2,000 to $10,000. Third Offense From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000 to $10,000. (p) Kickbacks or split fee arrangements. (468.365(1)(p), F.S.) First Offense From refund of fees billed and six months suspension followed by at least one year probation with conditions to revocation, and administrative fine from $300 to $3,000. Second Offense From one year suspension followed by two years probation with conditions to revocation with no ability to reapply and a fine from $2,000 to $10,000. (q) Exercising influence or engage patient in sex. (468.365(1)(q), 456.072(1)(u) F.S.) First Offense From one year suspension followed by at least one year probation with conditions and possible referral to the PRN to revocation, and an administrative fine from $500 to $2,000. Second Offense From one year suspension followed by at least one year probation with conditions to revocation with no ability to reapply and possible referral to PRN a fine from $1,000 to $10,000. (r) Deceptive, untrue, or fraudulent representations in the practice of respiratory care. First Offense From a minimum of one year probation with conditions to revocation, and an administrative fine from $10,000 per count or offense. (468.365(1)(r), 456.072(1)(a) and (m), F.S.) Second Offense From two years of probation with conditions to revocation with no ability to reapply and a fine of $10,000 per count or offense. (s) Improper solicitation of patients. First Offense From a minimum of one year probation with conditions to revocation, and an administrative fine from $300 to $1,000. (468.365(1)(t), 456.072(1)(x), F.S.) Second Offense From two years probation with conditions to revocation and a fine from $2,000 to $10,000. Third Offense From one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000 to $10,000. However, if the violation is for fraud or soliciting patients by making a false or fraudulent representation, the fine is increased to $10,000 per count or offense. (t) Failure to keep written medical records. (468.365(1)(t), F.S.) First Offense From a letter of concern to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300 to $1,000. Second Offense From a reprimand to two years probation with conditions and a fine from $500 to $5,000. Third Offense From six months suspension followed by one year probation to revocation and a fine from $3,000 to $10,000. (u) Exercising influence on First Offense From refund of fees billed and a minimum of one Page 17 of 26 patient for financial gain. (468.365(1)(u), 456.072(1)(n), F.S.) year probation with conditions, to two years suspension and an administrative fine from $500 to $3,000. Second Offense From refund of fees billed and two years probation with conditions to revocation and a fine from $2,000 to $10,000. Third Offense From refund of fees billed and one year suspension followed by two years probation to revocation with no ability to reapply and a fine from $3,000 to $10,000. (v) Performing professional services not authorized by physician. (468.365(1)(v), F.S.) First Offense From a reprimand to one year suspension, followed by a minimum of one year probation with conditions and an administrative fine from $300 to $1,000. Second Offense From six months probation with conditions to revocation and a fine from $1,000 to $10,000. Third Offense From six months suspension followed by one year probation to revocation with no ability to reapply and a fine from $3,000 to $10,000. (w) Inability to practice respiratory care with skill and safety. (468.365(1)(w), 456.072(1)(y), F.S.) First Offense From referral to PRN for submission to a mental or physical examination directed towards the problem and/or one year probation with conditions, to revocation and an administrative fine from $100 to $1,000. Second