The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify violations and penalties.  

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    DEPARTMENT OF HEALTH
    Board of Osteopathic Medicine

    RULE NO: RULE TITLE
    64B15-19.002: Violations and Penalties
    PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify violations and penalties.
    SUMMARY: The rule amendment will delete unnecessary language and to add new language to clarify violations and penalties.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
    SPECIFIC AUTHORITY: 456.079, 459.015(5) FS.
    LAW IMPLEMENTED: 456.072, 456.079, 456.52 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kaye Howerton, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

    THE FULL TEXT OF THE PROPOSED RULE IS:

    64B15-19.002 Violations and Penalties.

    In imposing discipline upon applicants and licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited directly under each violation description.

     

    (1) Attempting to obtain, obtaining or renewing a license or certificate by bribery, fraud or through an error of the Department or board.

    (456.072(1)(h) & 459.015(1)(a), F.S.)

     

     

     

    MINIMUM

    MAXIMUM

    FIRST OFFENSE:

    denial with ability to reapplyimmediately upon payment of $5,000 fine or probation and $5,000 fine

    denial with ability to reapply in not less than 3 years or revocation and $7,500 fine

    SECOND OFFENSE:

    denial with ability to ability to reapply in not less than 3 years and $10,000 fine or suspension to be followed by probation and $10,000 fine

    denial of license with noability to reapply or revocation and $10,000 fine

    (2) Action taken against license by another jurisdiction.

     

     

    (456.072(1)(f) & 459.015(1)(b), F.S.)

     

     

    FIRST OFFENSE:

    imposition of discipline comparable to discipline that would have been imposed in Florida if thesubstantive violation occurred in Florida and $1000 fine

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida and $5000 fine

    SECOND OFFENSE:

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida and $5,000 fine

    revocation and $10,000 fine fine or denial of license until the licensee’s license is unencumbered in the jurisdiction where disciplinary action was originally taken

    (3) Guilty of crime directly relating to practice or ability to practice.

     

     

    (456.072(1)(c) & 459.015(1)(c), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,000 fine

    revocation and $5,000 fine or denial of license with ability to reapply for licensure in not less than 3 years

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    revocation and $10,000 fine or permanent denial of license

    (4) False, deceptive, or misleading advertising.

     

     

    (459.015(1)(d), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    3 month suspension to be followed by probation and $5,000 fine

    1 year suspension to be followed by probation and $5,000 fine

    (5) Failure to report another licensee in violation.

     

     

    (456.072(1)(i) & 459.015(1)(e), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    reprimand and $2,500 fine

    probation and $2,500 fine

    THIRD OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    (6) Aiding unlicensed practice.

     

     

    (456.072(1)(j) & 459.015(1)(f), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,500 fine

    denial or revocation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    denial or revocation and$10,000 fine

    (7) Failure to perform legal duty or obligation.

     

     

    (456.072(1)(k) & 459.015(1)(g), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $1,000 fine

    denial with ability to reapply after no less than 2 years or revocation and $5,000 fine

     

     

     

     

     

     

    SECOND OFFENSE:

    probation and $5,000 fine

    denial or revocation and$10,000 fine

    (8) Giving false testimony regarding the

     

     

    practice of medicine.

     

     

    (459.015(1)(h), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    revocation and $10,000 fine or denial of license

    (9) Filing a false report or failing to file a report as required.

     

     

    (456.072(1)(l) & 459.015(1)(i), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $10,000 fine or denial with ability to reapply in not less than 1 year

    SECOND OFFENSE:

    denial with ability to reapply in not less than 3 years or suspension to be followed by probation and $10,000 fine

    denial with no ability to reapply or revocation and $10,000 fine

    (10) Kickbacks and unauthorized fee arrangements.

     

     

    (459.015(1)(j), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,500 fine

    denial or suspension to be

     

     

    followed by probation and

     

     

    $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $10,000 fine

    denial or revocation and a$10,000 fine

    (11) Failure to provide financial disclosure form toa patient being referred to an entity in which thereferring physician is an investor.

     

     

    (456.053, F.S.)

     

     

    FIRST OFFENSE:

    reprimand

    reprimand and $2,500 fine

    SECOND OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (12) Improper refusal to provide health care.

     

     

    (459.015(1)(k), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (13) Sexual misconduct within the patient physician relationship.

     

     

    (456.072(1)(v)(u) & 459.015(1)(l), F.S.)

     

     

    FIRST OFFENSE:

    probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    (14) Deceptive, untrue, or fraudulent misrepresentations in the practice of medicine.

     

     

    (456.072(1)(a) & (m) & 459.015(1)(m), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $10,000 fine

    denial of licensure or suspension to be followed by probation and $10,000 fine

    SECOND OFFENSE:

    denial of licensure or suspension to be followed by probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    (15) Improper solicitation of patients.

     

     

    (459.015(1)(n), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (16) Failure to keep written medical records.

     

     

    (459.015(1)(o), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (17) Fraudulent, alteration or destruction of

     

     

    patient records.

     

     

    (459.015(1)(p), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (18) Exercising improper influence on patient.

     

     

    (456.072(1)(n) & 459.015(1)(q), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (19) Improper advertising of pharmacy.

     

     

    (459.015(1)(r), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (20) Performing, professional services not authorized

     

     

    by patient.

     

     

    (459.015(1)(s), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    probation and $7,500 fine

    revocation and $10,000 fine

    (21) Controlled substance violations.

     

     

    (459.015(1)(t), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (22) Prescribing or dispensing of a scheduled drug

     

     

    by the physician to himself.

     

     

    (459.015(1)(u), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (23) Use of amygdalin (Laetrile).

     

     

    (459.015(1)(v), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (24) Inability to practice medicine with skill and safety.

     

     

    (456.072(1)(z) & 459.015(1)(w), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and$2,500 fine

    denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension untillicensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (25) Gross Malpractice.

     

     

    (459.015(1)(x), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and$7,500 fine

    denial or revocation and$10,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and$10,000 fine

    (26) Repeated Malpractice as defined in

     

     

    Section 456.50, F.S.

     

     

    FIRST OFFENSE:

    revocation or denial of license and fine of $1,000

    revocation or denial of license and fine of $10,000

    (27) Failure to practice medicine in accordance with appropriate level of care, skill and treatment recognized in general law related to the practice of medicine.

    (456.50(1)(g), F.S.), (459.015(1)(x), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern, up to one (1) year probation and $1,000 fine

    denial or revocation and$10,000 fine

    SECOND OFFENSE:

    two (2) year probation

    denial or revocation and

     

    and $7,500 fine

    $10,000 fine

    (28) Improper performing of experimental treatment.

     

     

    (459.015(1)(y), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and$5,000 fine

    denial or suspension tobe followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to befollowed by probation and $7,500 fine

    denial or revocation and$10,000 fine

    (29) Practicing beyond one’s scope.

     

     

    (456.072(1)(o) & 459.015(1)(z), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and

    denial or suspension to

     

    $5,000 fine

    be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to befollowed by probation and $7,500 fine

    denial or revocation and$10,000 fine

    (30) Delegation of professional responsibilities to unqualified person.

     

     

    (456.072(1)(p) & 459.015(1)(aa), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    denial or suspension to be followed by probationand $5,000 fine

    SECOND OFFENSE:

    denial or suspension to befollowed by probation and $7,500 fine

    denial or revocation and$10,000 fine

    (31) Violation of law, rule, order, or failure to

     

     

    comply with subpoena.

     

     

    (456.072(1)(q),(dd) & 459.015(1)(bb), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and$5,000 fine

    denial or suspension tobe followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to befollowed by probation and $7,500 fine

    denial or revocation and$10,000 fine

    (32) Restricting another from lawfully advertising services.

     

     

    (459.015(1)(cc), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    3 month suspension to befollowed by probation and a $5,000 fine

    1 year suspension to befollowed by probation and $5,000 fine

    (33) Procuring, aiding or abetting an unlawful abortion.

     

     

    (459.015(1)(dd), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (34) Presigning blank prescription forms.

     

     

    (459.015(1)(ee), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (35) Prescribing a Schedule II substance for office use.

     

     

    (459.015(1)(ff), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (36) Improper use of Schedule II amphetamine or sympathomimetic amine drug.

     

     

    (459.015(1)(gg), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (37) Failure to adequately supervise assisting personnel.

     

     

    (459.015(1)(hh), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (38) Improper use of substances for muscle building or enhancement of athletic performance.

     

     

    (459.015(1)(ii), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (39) Misrepresenting, concealing a material fact during licensing, or disciplinary procedure.

     

     

    (459.015(1)(jj), F.S.)

     

     

    FIRST OFFENSE:

    denial with ability to reapply immediately upon payment of

    $5,000 fine or probation and $5,000 fine

    denial with ability to reapply in not less than 3 years or revocation and $7,500 fine

    SECOND OFFENSE:

    denial with ability to reapply in not less than 3 years and $10,000 fine or suspension to be followed by probation and $10,000 fine

    denial of license with no ability to reapply or revocation and $10,000 fine

    (40) Improperly interfering with an investigation or disciplinary proceeding.

     

     

    (456.072(1)(r) & 459.015(1)(kk), F.S.)

     

     

    FIRST OFFENSE:

    probation and $10,000 fine

    revocation and$10,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $10,000 fine

    revocation and$10,000 fine

    (41) Failing to report any licensee who hasviolated the disciplinary act who provides services at the same office.

     

     

    (459.015(1)(ll), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to befollowed by probationand $10,000 fine

    (42) Giving corroborating written medical expert opinion without reasonable investigation.

     

     

    (459.015(1)(mm), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (43) Failure to comply with guidelines for use of obesity drugs.

     

     

    (459.0135, F.S. & Rule 64B15-14.004, F.A.C.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (44) Falsely advertising or holding oneself out as a boardcertified specialist.

     

     

    (459.015(1)(nn), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (45) Failing to provide patients with information about their patient rights and how to file a complaint.

     

     

    (456.072(1)(u) (t) & 459.015(1)(oo), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (46) Violating any rule adopted by the board or department.

     

     

    (456.072(1)(b), 459.015(1)(pp), F.S.)

     

     

    FIRST OFFENSE:

    denial or letter of concern and $1,000 fine, demonstration of compliance with the rule

    denial or suspension to be followed by probation and $5,000 fine, a reprimand, completion of a laws and rules course, and demonstration of compliance with the rule

    SECOND OFFENSE:

    denial or reprimand, completion of laws and rules course, demonstration of compliance with the rule, probation and $7,500 fine

    denial with no ability to reapply or revocation and $10,000 fine

    (47) Using a Class III or a Class IV laser device without having complied with the rules adopted pursuant to Section 501.122(2), F.S.

     

     

    (456.072(1)(d), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $1,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

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

     

     

    (456.072(1)(e), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

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

     

     

    (456.072(1)(g), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $10,000 fine

    SECOND OFFENSE:

    suspension to be followed

    revocation and $10,000 fine

     

    by probation and $7,500 fine

     

    (50) Failing to comply with the educational course requirements for domestic violence.

     

     

    (456.072(1)(s), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (51) Failing to comply with the requirements for profiling and credentialing.

     

     

    (456.072(1)(w)(v), F.S.)

     

     

    FIRST OFFENSE:

    $2,500 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (52) Failing to report to the board in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to a crime in any jurisdiction.

     

     

    (456.072(1)(x)(w), F.S.)

     

     

    FIRST OFFENSE:

    $5,000 fine

    denial of licensure or suspension to befollowed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    denial of licensure with no ability to reapply or revocation and $10,000 fine

    (53) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to Section 316.066, F.S., or using information published in a newspaper or other news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in such accidents.

     

     

    (456.072(1)(y)(x), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and$1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to befollowed by probation and $10,000 fine

    (54) Action taken against any license by another jurisdiction.

     

     

    (456.072(1)(f), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,000 fine

    revocation and $5,000 fine or denial of license with ability to reapply for licensure in not less than 3 years revocation and

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    $10,000 fine or permanent denial of license

    (55) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.

     

     

    (456.072(1)(aa)(z), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (56) Performing or attempting to perform health care services on the wrong patient, a wrong procedure, an unauthorized, unnecessary or unrelated procedure.

     

     

    (456.072(1)(bb)(aa), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and$5,000 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    denial or suspension and$10,000 fine

    denial or revocation and $10,000 fine

    (57) Leaving a foreign body in a patient such as a sponge, clamp,forceps, surgical needle or other paraphernalia.

     

     

    (456.072(1)(cc)(bb), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and$5,000 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    denial or suspension and$10,000 fine

    denial or revocation and $10,000 fine

    (58) Being terminated from a treatment program for impaired practitioners, as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol-treatment program.

     

     

    (456.072(1)(hh)(gg) F.S.)

     

     

    FIRST OFFENSE:

    stayed suspension and probation and $2,500 fine

    suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine.

    revocation and $10,000 fine

    (59) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients, a violation of any provision of this chapter, a violation of the applicable practice act, or a violation of any rules adopted under this chapter or the applicable practice act of the prescribing practitioner.

    (456.072(1)(gg) F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (60) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s.1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program.

    (456.072(1)(ii), F.S.)

     

     

    FIRST OFFENSE:

    revocation and a fine of $10,000 or denial of application for licensure

     

    (61) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

     

     

    (456.072(1)(jj), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern and a fine of$500

    probation, and a fine of $1,000.

    SECOND OFFENSE:

    reprimand and a fine of $500

    revocation and a fine of $1,000.

    (62) Being terminated from the State Medicaid program or any other state Medicaid program, or the federal Medicare program.

    (456.072(1)(kk), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern and a fine of $500

    suspension and a fine of $1,000

    SECOND OFFENSE:

    reprimand and a fine of $500

    revocation and a fine of $1,000

    (63) Being convicted of, or entering into a plea of guilty or Nola contendere to, any misdemeanor or felony, regardless of adjudication, which relates to health care fraud.

    (456.072(1)(ll), F.S.)

     

     

    FIRST OFFENSE:

    revocation and fine of $10,000 or denial of application for licensure

     

     

    Rulemaking Specific Authority 456.079, 459.015(5) FS. Law Implemented 456.072, 456.079, 456.50 FS. History–New 9-30-87, Amended 10-28-91, 1-12-93, Formerly 21R-19.002, 61F9-19.002, 59W-19.002, Amended 2-2-98, 2-11-01, 6-7-01, 2-26-02, 12-7-05, 11-14-06, 11-27-06,_______.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2009

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009

Document Information

Comments Open:
1/22/2010
Summary:
The rule amendment will delete unnecessary language and to add new language to clarify violations and penalties.
Purpose:
The Board proposes the rule amendment to delete unnecessary language and to add new language to clarify violations and penalties.
Rulemaking Authority:
456.079, 459.015(5) FS.
Law:
456.072, 456.079, 456.52 FS.
Contact:
Kaye Howerton, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256
Related Rules: (1)
64B15-19.002. Violations and Penalties