The proposed amendment to Rule 64B15-19.002 is intended to address the appropriate penalty for violation of the required educational training set forth in section 2, Ch. 2014-157, Laws of Florida, prior to ordering low-THC cannabis for patient use.  

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    DEPARTMENT OF HEALTH

    Board of Osteopathic Medicine

    RULE NO.:RULE TITLE:

    64B15-19.002Violations and Penalties

    PURPOSE AND EFFECT: The proposed amendment to Rule 64B15-19.002, F.A.C., is intended to address the appropriate penalty for violation of the required educational training set forth in section 2, Ch. 2014-157, Laws of Florida, prior to ordering low-THC cannabis for patient use.

    SUMMARY: The proposed amendment to Rule 64B15-19.002, F.A.C., addresses the appropriate penalty for violation of the required educational training set forth in section 2, Ch. 2014-157, Laws of Florida, prior to ordering low-THC cannabis for patient use.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. The rule will not have any impact on the licensees and their businesses or the businesses that employ them. The rule imposes no additional regulation or costs on licensees. Physicians are required by statute to successfully complete the required course prior to ordering low-THC cannabis for patients. The rule amendment simply sets forth the guidelines for physicians who fail to comply with the statutory mandate. The rule amendment will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, will not require any specialized knowledge to comply, and will not increase any direct or indirect regulatory costs. No person or interested party submitted additional information regarding the economic impact at that time.

    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.

    RULEMAKING AUTHORITY: 456.079, 459.015(5) FS.

    LAW IMPLEMENTED: 456.072, 456.079, 456.50 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Christy Robinson, 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) through (7) No change.

     

     

    (8) Failing to comply with the

    educational requirement prior to

    ordering low-THC cannabis.

    (Section 456.072(1)(k), F.S.)

    FIRST OFFENSE:

     

    SECOND OFFENSE:

     

     

     

    a letter of concern,

    and a fine of $1,000

    a reprimand and

    a fine of $5,000

     

     

     

     

    probation and a fine

    of $5,000 revocation and a fine of $10,000

    (8) through (79) renumbered (9) through (80) No change.

     

     

    THIS RULE SHALL TAKE EFFECT ON JANUARY 1, 2015.

    Rulemaking 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, 5-10-10, 7-27-10, 11-10-11, 3-27-12, 7-3-12, 1-1-15.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 22, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 24, 2014

Document Information

Comments Open:
10/14/2014
Summary:
The proposed amendment to Rule 64B15-19.002 addresses the appropriate penalty for violation of the required educational training set forth in section 2, Ch. 2014-157, Laws of Florida, prior to ordering low-THC cannabis for patient use.
Purpose:
The proposed amendment to Rule 64B15-19.002 is intended to address the appropriate penalty for violation of the required educational training set forth in section 2, Ch. 2014-157, Laws of Florida, prior to ordering low-THC cannabis for patient use.
Rulemaking Authority:
456.079, 459.015(5) FS
Law:
456.072, 456.079, 456.50 FS.
Contact:
Christy Robinson, 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