The proposed rule amendments are intended to set forth recently enacted statutory violations and the disciplinary guidelines for those violations.

 

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO.: RULE TITLE:
64B8-8.001: Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth recently enacted statutory violations and the disciplinary guidelines for those violations.

SUMMARY: The proposed rule amendments set forth recently enacted statutory violations and the range of disciplinary guidelines for the violations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION:

During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.079, 458.309, 458.331(5) FS.
LAW IMPLEMENTED: 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joy A. Tootle, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-8.001 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., 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 verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

 

RECOMMENDED RANGE OF PENALTY
VIOLATION	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE
(a) through (nnn) No change.
(ooo) Failure to comply with the controlled substance prescribing requirements of Section 456.44, F.S. (456.072)(1)(mm), F.S.	(ooo) From a minimum of suspension of license for a period of six(6) months followed by a period of probation and an administrative fine in the amount of $10,000.00 to revocation and an administrative fine in the amount of $10,000.00.	(ooo) From a minimum of suspension of license for a period of one (1) year followed by a period of probation and an administrative fine in the amount of $10,000.00 to revocation and an administrative fine in the amount of $10,000.00.
(ppp) Providing false or deceptive expert witness testimony related to the practice of medicine. (458.331(1)(oo), F.S.	(ppp) From a reprimand to revocation and an administrative fine from $5,000.00 to $10,000.00.	(ppp) From suspension to revocation and an administrative fine from $7,500.00 to $10,000.00.
(qqq) Failure to comply with the requirements of Section 390.0111(3), F.S., regarding termination of pregnancies. (456.072)(1) (k), F.S.	(qqq) From a letter of concern to a period of probation and an administrative fine in the amount of $1,000.00 to $2,500.00.	(qq.) From a reprimand to suspension followed by a period of probation and an administrative fine in the amount of $2,500.00 to $5,000.00.	(qqq) From a reprimand to revocation and an administrative fine in the amount of $5,000.00 to $10,000.00.

(3) through (7) No change.

Rulemaking Authority 456.079, 458.309, 458.331(5) FS. Law Implemented 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) FS. History–New 12-5-79, Formerly 21M-20.01, Amended 1-11-87, 6-20-90, Formerly 21M-20.001, Amended 11-4-93, Formerly 61F6-20.001, Amended 6-24-96, 12-22-96, Formerly 59R-8.001, Amended 5-14-98, 12-28-99, 1-31-01, 7-10-01, 6-4-02, 9-10-02, 12-11-02, 8-20-03, 6-7-04, 8-17-04, 1-4-06, 8-13-06, 8-29-06, 11-22-06, 1-30-07, 2-18-09, 12-22-09, 7-27-10, 6-21-11,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 23, 2011