64B3-12.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify the penalties for violations of the disciplinary guidelines.
SUMMARY: Penalties for violations of disciplinary guidelines will be updated.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Costs was prepared. The Board determined the proposed rule will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 456.079, 483.805(4) FS.
LAW IMPLEMENTED: 456.072, 456.079, 483.825 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257
THE FULL TEXT OF THE PROPOSED RULE IS:
64B3-12.001 Disciplinary Guidelines.
(1) No change.
(2) No change.
(a) Section 483.825(1)(a) or 456.072(1)(h), F.S.: Attempting to obtain, obtaining, or renewing a license or registration under this part by bribery from a minimum fine of $500 and/or up to two years of probation to a maximum of permanent revocation. After the first offense, from a minimum fine of $5,000 up to a maximum fine of $10,000 and/or permanent revocation.
1. Fraudulent misrepresentation from six months probation and a fine of $10,000 to a maximum of permanent revocation and a fine of $10,000. For a second offense, a fine of $10,000 and permanent revocation.
2. Error of the Department or the Board from a minimum letter of concern and/or a $500 fine up to a maximum of suspension for one year followed by two years of probation and a fine of $5,000. For a second offense, from a minimum fine of $3,000 to permanent revocation of license. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.
(b) Section 483.825(1)(b), F.S.: Engaging in or attempting to engage in, or representing oneself as entitled to perform, any clinical laboratory procedure or category of procedures not authorized pursuant to the license from a minimum fine of $300 and/or one year of probation to a maximum fine of $5,000 and/or two years of probation. After the first offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or permanent revocation, however, regardless of whether it is an initial or repeat occurrence, if the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.
(c) Section 483.825(1)(c), F.S.: Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or erroneous reporting from a minimum fine of $300 and/or two years probation to a maximum fine of $5,000 and/or six months suspension. For a second offense, from a minimum fine of $750 and one year of probation to a maximum fine of $10,000 and/or permanent revocation. After the second offense, a fine of $10,000 and/or permanent revocation.
(d) Section 483.825(1)(d), F.S.: Performing a test and rendering a report thereon to a person not authorized by law to receive such services from a minimum fine of $500 and/or six months of probation to a maximum fine of $1,500 and one year of suspension. For a second offense, from a minimum fine of $750 and six months of probation to a maximum fine of $5,000 and/or up to three years suspension. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.
(e) Section 483.825(1)(e) or 456.072(1)(c), F.S.: Having been convicted of a crime relating to the practice or ability to practice or involving moral turpitude from a minimum fine of $500 and/or one year of probation to a maximum fine of $6,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,000 and/or two years of probation to a maximum fine of $10,000 and/or permanent revocation.
(f) No change.
(g) Section 483.825(1)(g), 483.825(1)(w), 456.072(1)(b) or 456.072(1)(dd), F.S.
1. Violating or aiding and abetting in the violation of any provision of Chapter 456 or Chapter 483, Part III, F.S., or the rules adopted thereunder from a minimum fine of $500 and/or a reprimand to a maximum fine of up to $8,000 and/or permanent revocation. For a second offense, from a minimum fine of $1,000 and/or six months of probation to a maximum fine of $10,000 and/or permanent revocation. After the second offense, from a minimum fine of $1,500 and/or one year of probation to a maximum fine of $10,000 and/or permanent revocation.
2. Section 456.072(1)(e) or 456.072(1)(s), F.S.: In the case of noncompliance with a continuing education or HIV/AIDS or domestic violence course requirement, which is not a citation offense under Section 456.072(3), F.S., from a minimum of suspension until the required continuing education hours are earned and/or a fine of $500 up to a maximum fine of $5,000 and/or permanent revocation.
(h) Section 483.825(1)(h), F.S.: Reporting a test result when no laboratory test was performed on a clinical specimen fine of $10,000 and/or permanent revocation.
(i) Section 483.825(1)(i) or 456.072(1)(m), F.S.: Knowingly advertising false services or credentials or making fraudulent misrepresentations or employing a trick or scheme from six months of probation and a fine of $10,000 per count or offense up to a maximum of one year suspension followed by two years of probation. After the first offense, from a minimum of two years of probation with a fine of $10,000 per count or offense up to a maximum of permanent revocation and a $10,000 fine per count or offense.
(j) No change.
(k) Section 483.825(1)(k), 456.072(1)(w) or 456.072(1)(x), F.S.: Failing to report to the Board in writing within 30 days of conviction, adjudication of incompetency, or if disciplinary action has been taken against ones license as clinical laboratory personnel in another state, territory or country from a minimum fine of $750 and/or a letter of concern up to a maximum fine of $5,000 and/or three months suspension followed by probation. After the first offense, from a minimum fine of $3,000 up to a maximum fine of $10,000 and/or permanent revocation.
(l) Section 483.825(1)(l), 456.072(1)(aa) or 456.072(1)(z), F.S.: Being unable to perform or report clinical laboratory examination with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition or testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug from a minimum referral for a PRN evaluation up to permanent revocation for non-compliance. After the first offense, from a minimum referral for a PRN evaluation up to maximum of permanent revocation and/or a $3,000 fine.
(m) Section 483.825(1)(m), 456.072(1)(j) or 456.072(1)(p), F.S.: Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows, or has reason to know, that such person is not qualified by training, experience, or licensure to perform them or aiding unlicensed person to practice from a minimum fine of $800 and/or six months of probation up to a maximum fine of $5,000 and three years suspension of license followed by up to 2 years probation. For a second offense, from a minimum fine of $1,000 and one year of probation up to a maximum fine of $7,500 and/or permanent revocation. After the second offense, from a minimum fine of $2,000 and/or six months suspension followed by probation up to a maximum of permanent revocation and/or a fine of $10,000.
(n) Section 483.825(1)(n) or 456.072(1)(q), F.S.: Violating an order or failing to comply with subpoena from a minimum fine of $500 and a reprimand up to a maximum fine of $5,000 and/or three years suspension of license followed by a term of probation. For a second offense, from a minimum fine of $1,500 and/or two years of probation up to a maximum fine of $10,000 and/or permanent revocation of license. After the second offense, from a minimum fine of $5,000 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or permanent revocation of license.
(o) Section 483.825(1)(o) or 456.072(1)(i), F.S.: Failing to report a person in violation of Part III of Chapter 483, Chapter 456, F.S., or the applicable rules from a minimum fine of $800 and a letter of concern up to a maximum fine of $2,000 and/or six months suspension followed by probation. After the second offense, from a minimum of six months probation and/or a fine of $1,000 up to a maximum fine of $10,000 and/or permanent revocation.
(p) Section 483.825(1)(p) or 456.072(1)(l), F.S.: Negligent filing of false report from a minimum fine of $500 and a letter of concern up to a maximum $3,000 fine and/or up to three years of probation. For a second offense, from a minimum fine of $1,500 and a reprimand to a maximum fine of $10,000 and/or two years suspension followed by probation. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation.
(q) Section 483.825(1)(p), 456.072(1)(g), or 456.072(1)(l), F.S.: Willful filing of false report, impeding, or inducing another to file a false report from a minimum fine of $2,000 and/or suspension of license for three months followed by six months of probation up to a maximum fine of $8,000 and/or permanent revocation of license. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation; however, regardless of whether it is an initial or repeat occurrence, if the violation is for fraud or knowingly making a false or fraudulent representation, the fine portion of the discipline imposed shall be $10,000 per count or offense.
(r) Section 483.825(1)(q), F.S.: Paying or receiving a kickback, bonus, or split fee arrangement from a minimum fine of $1,000 and/or one year probation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,500 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation.
(s) Section 483.825(1)(r) or 456.072(1)(n), F.S.: Exercising influence or exploitation for financial gain from a minimum fine of $1,000 and/or restitution of improper gains and six months of probation to a maximum fine of $10,000 and/or permanent revocation. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation.
(t) Section 483.825(1)(s) or 456.072(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted or competent to perform from a minimum fine of $1,000 and/or one year of probation up to a maximum suspension of the license for two years followed by probation and a fine of $8,000. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation.
(u) Section 483.825(1)(t) or 456.072(1)(a), F.S.: Misrepresenting or concealing a material fact or fraudulent representations from a minimum of six months of probation and a fine of $10,000 per count or offense up to a maximum of permanent revocation and a fine of $10,000 per count or offense. After the first offense, from a fine of $10,000 per count or offense as well as a minimum of one year of suspension followed by probation up to a maximum of permanent revocation.
(v) Section 483.825(1)(u) or 456.072(1)(r), F.S.: Improperly interfering with an investigation or disciplinary proceeding from a minimum fine of $1,000 and/or one year of probation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $2,000 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation.
(w) Section 483.825(1)(v) or 456.072(1)(v), F.S.: Engaging or attempting to engage in sexual misconduct from a minimum reprimand and/or referral for PRN evaluation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum year of probation and fine of $1,500 to a maximum fine of $10,000 and/or permanent revocation.
(x) Section 456.072(1)(k), F.S.: Failing to perform any legal obligation from a minimum fine of $500 and/or a reprimand to a maximum fine of up to $8,000 and/or permanent revocation. After the first offense, from a minimum fine of $1,000 and/or one year of probation to a maximum fine of $10,000 and/or permanent revocation.
(y) Section 456.072(1)(hh), F.S.: Being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, as described in Section 456.076, F.S., for failure to comply without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol treatment program from a minimum fine of $500 to $1000 and suspension until compliant up to permanent revocation.
(z) Section (zz) Section 456.072(1)(ii), F.S. for being convicted of or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to Medicaid program- from a minimum of permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(aa) Section 456.072(1)(jj). F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement from a minimum of a letter of concern to probation and a fine of $500 to a maximum of a reprimand to permanent revocation and fine of $2,500 for a first offense. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.
(bb) Section 456.072(1)(kk), F.S., for being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored - from a minimum of letter of concern and $1,000 fine to maximum of reprimand to permanent revocation and $5,000 fine. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.
(cc) Section 456.072(1)(ll), F.S., for 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 - permanent revocation or denial of license (minimum and maximum same).
(3) through (6) No change.
Rulemaking Specific Authority 456.079, 483.805(4) FS. Law Implemented 456.072, 456.079, 483.825 FS. HistoryNew 8-3-93, Formerly 61F3-12.001, Amended 2-7-95, 5-3-95, 12-4-95, Formerly 59O-12.001, Amended 3-19-98, 9-20-98, 10-6-02, 2-23-06, 3-20-08, 11-25-08,________.
