RULE NO.:RULE TITLE:
64B18-14.002Disciplinary Guidelines
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 90, May 9, 2016 issue of the Florida Administrative Register.
A previous Notice of Change for the rule published on September 20, 2016, in Vol. 42, No. 183, of the Florida Administrative Register. The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and by a discussion and vote by the Board at its September 9, 2016 meeting. The rule shall now read as follows:
64B18-14.002 Disciplinary Guidelines.
(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon an applicant or licensee whom it regulates under Chapter 461, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of either Section 461.012 or 456.072, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 461, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty.
VIOLATION
FIRST OFFENSE
SECOND OFFENSE
(a) through (o) will be renumbered as (1) through (15) No change.
(16) (p) Paying or receiving any commission, bonus, kickback, rebate or engaging in any split‑fee arrangement in any form whatsoever with a physician, organization, agency or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to hospitals, nursing homes, clinical laboratories, ambulatory surgical centers or pharmacies. (461.013(1)(cc) through a violation of 456.054, F.S.)
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $1,000 to $5,000.
The Board shall impose a penalty ranging from reprimand to suspension and a fine of $10,000.
(q) through (aaa) will be renumbered as (17) through (53) No change.
(54) (bbb) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, to any of the acts set forth in Section 456.072(1)(ii), F.S., relating to the Medicaid program.
The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000 $1,000 to $8,000.
The Board shall impose a penalty ranging from suspension to revocation and a fine of $8,000 to 10,000.
(ccc) through (ddd) will be renumbered as (55) through (56) No change.
(57) (eee) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (456.072(1)(ll), F.S.)
The Board shall impose a penalty ranging from suspension to revocation and a fine of $10,000 $2,500 to $8,000, per count.
The Board shall impose a penalty ranging from suspension to revocation, require continuing education, and a fine of $8,000 to $10,000, per count.
(fff) through (iii) will be renumbered as (58) through (61) No change.
Rulemaking Authority 456.072, 456.079, 461.005, 461.013 FS. Law Implemented 456.033, 456.063, 456.072, 456.079, 461.012, 461.013 FS. History–New 11-21-79, Amended 8-31-81, Formerly 21T-14.02, Amended 10-14-86, 12-8-88, 1-19-92, 4-26-93, Formerly 21T-14.002, 61F12-14.002, Amended 2-25-96, 5-29-97, Formerly 59Z-14.002, Amended 11-17-97, 8-24-00, 8-13-02, 4-26-04, 6-14-06, 10-10-06, 11-25-07, 12-25-11, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony B. Spivey, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257
