The proposed rule amendments are intended address written comments submitted by the staff of the Joint Administrative Procedures Committee and to set forth additional violations and the range of penalties for those violations.

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO.: RULE TITLE:
64B15-19.002: Violations and Penalties

PURPOSE AND EFFECT: The proposed rule amendments are intended address written comments submitted by the staff of the Joint Administrative Procedures Committee and to set forth additional violations and the range of penalties for those violations.

SUMMARY: The proposed rule amendments address written comments submitted by the staff of the Joint Administrative Procedures Committee (JAPC) and set forth additional statutory violations and the range of penalties for those violations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: 456.079, 459.015(5) FS.
LAW IMPLEMENTED: 456.072, 456.079, 456.50 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: Anthony Jusevitch, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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.

 

(1) through (70) No change.
(71) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud. (459.015(1)(rr)7., F.S.)
(a) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00.
FIRST OFFENSE:	revocation and a $10,000 $5,000 fine.	revocation and a $10,000 fine.
SECOND OFFENSE:	revocation and a $7,500 fine.	revocation and a $10,000 fine.
(b) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less. (459.015(1)(rr), F.S.)
FIRST OFFENSE:	suspension, followed by a period of probation, and a $10,000 fine.
SECOND OFFENSE:	revocation and a $10,000 fine.
(72) through (75) No change.
(76) 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 in the amount of $10,000.00.
SECOND OFFENSE:	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.	revocation and an administrative fine in the amount of $10,000.00.
(77) Providing false or deceptive expert witness testimony related to the practice of medicine. (456.072(1)(qq), F.S.
FIRST OFFENSE:	reprimand and an administrative fine of $5,000.00.	revocation and an administrative fine of $10,000.00.
SECOND OFFENSE:	suspension and an administrative fine of $7,500.00.	revocation and an administrative fine of $10,000.00.
(78) Failure to comply with the requirements of Section 390.0111(3), F.S., regarding termination of pregnancies. (456.072)(1) (k), F.S.
FIRST OFFENSE:	letter of concern and an administrative fine of $1,000.00.	a period of probation and an administrative fine in the amount of $2,500.00.
SECOND OFFENSE:	reprimand and an administrative fine of $2,500.00.	suspension followed by a period of probation and an administrative fine in the amount of $5,000.00.
THIRD OFFENSE:	reprimand and an administrative fine of $5,000.00.	revocation and an administrative fine in the amount of $10,000.00.

Rulemaking Authority 456.079, 459.015(5) FS. Law Implemented 456.072, 456.079, 456.50 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,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 19 and November 4, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2012