Grounds for disciplinary action; penalties.

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(a) Attempting to obtain, obtaining, or renewing a license under this part by fraudulent misrepresentation.

(b) Having a license revoked, suspended, or otherwise acted against, including the denial of licensure in another jurisdiction.

(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of genetic counseling, including a violation of federal laws or regulations regarding genetic counseling.

(d) Making or filing a report or record that the licensee knows is 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 include only reports or records that are signed in a person’s capacity as a licensee under this part.

(e) Knowingly advertising services related to genetic counseling in a fraudulent, false, deceptive, or misleading manner.

(f) Violating a previous order of the department entered in a disciplinary hearing or failing to comply with a subpoena issued by the department.

(g) Practicing with a revoked, suspended, or inactive license.

(h) Gross or repeated malpractice or the failure to deliver genetic counseling services with that level of care and skill which is recognized by a reasonably prudent licensed genetic counselor as being acceptable under similar conditions and circumstances.

(i) 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 and department rule, including, but not limited to, any of the following:

1. Practicing or offering to practice beyond the scope permitted by law or accepting and performing genetic counseling services the licensee knows, or has reason to know, he or she is not competent to perform.

2. Failing to refer a patient to a health care practitioner as defined in s. 456.001 if the licensee is unable or unwilling to provide genetic counseling services to the patient.

3. Failing to maintain the confidentiality of any information received under this part or failing to maintain the confidentiality of patient records pursuant to s. 456.057, unless such information or records are released by the patient or otherwise authorized or required by law to be released.

4. Exercising influence on the patient or family in such a manner as to exploit the patient or family for financial gain of the licensee.

(j) Violating this part or chapter 456, or any rules adopted pursuant thereto.

(2) The department may enter an order denying licensure to or imposing penalties against any applicant for licensure or any licensee who is found guilty of violating subsection (1) or s. 483.916.