The Board proposes the rule amendment to modify the disciplinary guidelines to comply with statutory mandates and 2011 legislative changes to Chapters 456 and 466, Florida Statutes.

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO.: RULE TITLE:
64B5-13.005: Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to modify the disciplinary guidelines to comply with statutory mandates and 2011 legislative changes to Chapters 456 and 466, Florida Statutes.

SUMMARY: The rule amendment will modify the disciplinary guidelines.

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(1) FS.
LAW IMPLEMENTED: 456.072(2), 456.079(1), 466.028 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B5-13.005 Disciplinary Guidelines.

(1) When the Board finds an applicant, licensee, or certificate holder whom it regulates under Chapter 466, F.S., has committed any of the acts set forth in Section 456.072(1) or 466.028, F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated:

 

VIOLATION		PENALTY RANGE
	MINIMUM		MAXIMUM

(a) through (fff) No change.

(ggg) 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. (Section 456.072(1)(ll) F.S.)
First Offense	Misdemeanor – $10,000 fine, Reprimand		Misdemeanor – $10,000 fine, suspension
Second Offense	$10,000 fine, revocation		$10,000 fine, revocation
(hhh) Failure to comply with the controlled substance prescribing requirements of Section 456.44, F.S. (456.072)(1)(mm), F.S.
First Offense	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		Revocation and an administrative fine of $10,000.00
Second Offense	Suspension of license for a period of one (1) year followed by probation and an administrative fine in the amount of $10,000.00		Revocation and an administrative fine in the amount of $10,000.00
(iii) Providing false or deceptive expert witness testimony related to the practice of dentistry. (466.028)(1)(ll), 2011 F.S.
First Offense	Reprimand and an administrative fine of $5,000.00		Revocation and an administrative fine of $10,000.00
Second Offense	Revocation and an administrative fine of $10,000.00		Revocation and an administrative fine of $10,000.00

 

(2) through (5) No change.

Rulemaking Authority 456.079(1) FS. Law Implemented 456.072(2), 456.079(1), 466.028 FS. History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2011; October 28, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011