Violations and Penalties

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15ER17-2Violations and Penalties

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Not required pursuant to 2017 Florida Laws 232 Section 14.(1) .

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Not required pursuant to 2017 Florida Laws 232 Section 14.(1) .

SUMMARY: The proposed emergency rule sets forth the range of penalties for a violation of Section 459.015(1)(ww), F.S., with regard to physicians who issue patient certifications which are not in compliance with Section 381.986, F.S.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Kama Monroe, J.D., Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64B15ER17-2 (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.

		MINIMUM	MAXIMUM
(1)  through (81)  No change.
(82) Issuing a physician certification as defined in Section 381.986, F.S., in a manner out of compliance with the requirements of that section and the rules adopted thereunder. (Section 459.015(1)(ww), F.S.
FIRST OFFENSE:	denial or probation and an administrative fine of $1,000.00.		denial or revocation and an administrative fine of $5,000.00.
SECOND OFFENSE:	denial or suspension and an administrative fine of $5,000.00.		denial or revocation and an administrative fine of $10,000.00.

Rulemaking Authority 456.079, 459.015(5) FS. Law Implemented 381.986(4)(d), 456.072, 456.079, 456.50, 459.015 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, 11-27-16.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: October 4, 2017