Fla. Stat. 401.411
Disciplinary action; penalties


(1)

The department may deny, suspend, or revoke a license, certificate, or permit or may reprimand or fine any licensee, certificateholder, or other person operating under this part for any of the following grounds:The violation of any rule of the department or any provision of this part.Being found guilty of, or pleading nolo contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or to practice in any other occupation, when operating under this part.Addiction to alcohol or any controlled substance.Engaging in or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in chapter 893.The conviction in any court in any state or in any federal court of a felony, unless the person’s civil rights have been restored.Knowingly making false or fraudulent claims; procuring, attempting to procure, or renewing a certificate, license, or permit by fakery, fraudulent action, or misrepresentation.Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice under this part, including undertaking activities that the emergency medical technician, paramedic, health care professional, or other professional is not qualified by training or experience to perform.Sexual misconduct with a patient, including inducing or attempting to induce the patient to engage, or engaging or attempting to engage the patient, in sexual activity.The failure to give to the department, or its authorized representative, true information upon request regarding an alleged or confirmed violation of this part or rule of the department.Fraudulent or misleading advertising or advertising in an unauthorized category.Practicing as an emergency medical technician, paramedic, health care professional, or other professional operating under this part without reasonable skill and without regard for the safety of the public by reason of illness, drunkenness, or the use of drugs, narcotics, or chemicals or any other substance or as a result of any mental or physical condition.The failure to report to the department any person known to be in violation of this part. However, a professional known to be operating under this part without reasonable skill and without regard for the safety of the public by reason of illness, drunkenness, or the use of 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.

(a)

The violation of any rule of the department or any provision of this part.

(b)

Being found guilty of, or pleading nolo contendere to, regardless of adjudication in any jurisdiction, a crime that relates to practice as an emergency medical technician or paramedic, or to practice in any other occupation, when operating under this part.

(c)

Addiction to alcohol or any controlled substance.

(d)

Engaging in or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in chapter 893.

(e)

The conviction in any court in any state or in any federal court of a felony, unless the person’s civil rights have been restored.

(f)

Knowingly making false or fraudulent claims; procuring, attempting to procure, or renewing a certificate, license, or permit by fakery, fraudulent action, or misrepresentation.

(g)

Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable practice under this part, including undertaking activities that the emergency medical technician, paramedic, health care professional, or other professional is not qualified by training or experience to perform.

(h)

Sexual misconduct with a patient, including inducing or attempting to induce the patient to engage, or engaging or attempting to engage the patient, in sexual activity.

(i)

The failure to give to the department, or its authorized representative, true information upon request regarding an alleged or confirmed violation of this part or rule of the department.

(j)

Fraudulent or misleading advertising or advertising in an unauthorized category.

(k)

Practicing as an emergency medical technician, paramedic, health care professional, or other professional operating under this part without reasonable skill and without regard for the safety of the public by reason of illness, drunkenness, or the use of drugs, narcotics, or chemicals or any other substance or as a result of any mental or physical condition.

(l)

The failure to report to the department any person known to be in violation of this part. However, a professional known to be operating under this part without reasonable skill and without regard for the safety of the public by reason of illness, drunkenness, or the use of 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.

(2)

A suspension or revocation of a license or certificate is for all classifications unless the department, in its sole discretion, suspends or revokes one or more classifications thereof.

(3)

One year after the revocation of a license or certificate, application may be made to the department for reinstatement; and the department may authorize reinstatement.

(4)

Any charge of a violation of this part by a licensee affects only the license of the service location from which the violation is alleged to have occurred. Another license may not be issued to the same licensee for a new service location in the same county or any other county for a period of 3 years from the effective date of revocation.

(5)

If the department finds that the terms of any such suspension have been violated, it may revoke such suspension immediately.

(6)

If a person whose license, certificate, or permit has been suspended is found by the department to have violated any of the other provisions of this part, the department may revoke the license, certificate, or permit.

(7)

In addition to any other administrative action authorized by law, the department may impose an administrative fine, not to exceed $1,000 per violation of this part or rule of the department. Each day of a violation constitutes a separate violation and is subject to a separate fine. In determining the amount of a fine, the department shall consider the following factors:The gravity of the violation, including the probability of death or disability as a result of the violation.Any actions taken to correct the violation.Any previous violations committed by the violator.

(a)

The gravity of the violation, including the probability of death or disability as a result of the violation.

(b)

Any actions taken to correct the violation.

(c)

Any previous violations committed by the violator.

(8)

All amounts collected under this section must be deposited into the Emergency Medical Services Trust Fund.

Source: Section 401.411 — Disciplinary action; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0401.­411 (accessed Aug. 7, 2025).

401.23
Definitions
401.24
Emergency medical services state plan
401.25
Licensure as a basic life support or an advanced life support service
401.26
Vehicle permits for basic life support and advanced life support services
401.27
Personnel
401.30
Records
401.31
Inspection and examination
401.33
Exemptions
401.34
Fees
401.35
Rules
401.38
Participation in federal programs
401.41
Penalties
401.45
Denial of emergency treatment
401.211
Legislative intent
401.243
Injury prevention
401.245
Emergency Medical Services Advisory Council
401.251
Air ambulance service
401.252
Interfacility transfer
401.253
Reporting of controlled substance overdoses
401.254
Treatment of injured police canines
401.265
Medical directors
401.268
Protocols with regional poison control centers
401.271
Certification of emergency medical technicians and paramedics who are on active duty with the Armed Forces of the United States
401.272
Emergency medical services community health care
401.273
Emergency medical technician and paramedic registry for disasters and emergencies
401.281
Drivers
401.321
Transferability of license
401.345
Emergency Medical Services Trust Fund
401.411
Disciplinary action
401.414
Complaint investigation procedures
401.421
Injunctive relief
401.425
Emergency medical services quality assurance
401.435
Emergency medical responder agencies and training
401.445
Emergency examination and treatment of incapacitated persons
401.465
911 public safety telecommunicator certification
401.2101
Short title
401.2701
Emergency medical services training programs
401.2715
Recertification training of emergency medical technicians and paramedics
401.2915
Automated external defibrillators
401.2916
Educational campaign

Current through Fall 2025

§ 401.411. Disciplinary action; penalties's source at flsenate​.gov