The Board proposes the rule amendment to comply with statutory changes.

 

DEPARTMENT OF HEALTH

Board of Podiatric Medicine

RULE NO.:RULE TITLE:

64B18-14.002Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to comply with statutory changes.

SUMMARY: The rule amendment will comply with statutory changes.

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, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. 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: 456.072, 456.079, 461.005, 461.013 FS.

LAW IMPLEMENTED: 456.033, 456.063, 456.072, 456.079, 461.012, 461.013 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: C. Erica White, Executive Director, Board of Podiatric Medicine, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B18-14.002 Disciplinary Guidelines.

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
(1) through (59) No change.
(60) Section 456.072(1)(mm), F.S.: Failure to comply with controlled substance prescribing requirements for acute pain, pursuant to Rule 64B18-23.002, F.A.C., and of Section 456.44, F.S.	The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $500.00 $250.00.	The Board shall impose a penalty of reprimand up to suspension, require continuing education, and a fine of $1,000.00 $500.00 to $2,000.00.
(61) Failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to prescribing or dispensing a controlled substance in violation of Section 456.072(1)(gg), F.S., through a violation of Section 893.055(8), F.S	The Board shall impose a penalty ranging from a reprimand to suspension, require continuing medical education, a fine of $250.00.	The Board shall impose a penalty ranging from a reprimand to suspension, require continuing medical education, a fine of $1,000.00 to $2,000.00.
(62) (61) No change.
(63) (62) 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, 11-27-16, 4-19-17,                                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Podiatric Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 6, 2018