Violations and Penalties  

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    DEPARTMENT OF HEALTH
    Board of Osteopathic Medicine

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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 41, October 16, 2009 issue of the Florida Administrative Weekly.

    The change is in response to concerns by the Board and the modification to the disciplinary guidelines.

    The rule shall read as:

    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) Attempting to obtain, obtaining or renewing a license or certificate by bribery, fraud or through an error of the Department or board.

    (456.072(1)(h) & 459.015(1)(a), F.S.)

     

     

    FIRST OFFENSE:

    MINIMUM

    MAXIMUM

     

    denial with ability to reapply immediately upon payment of $5,000 fine or probation and $5,000 fine

    denial with ability to reapply in not less than 3 years or Revocation and $7,500 fine

    SECOND OFFENSE:

    denial with ability to ability to reapply in not less than 3 years and $10,000 fine or suspension to be followed by probation and $10,000 fine

    denial of license with no ability to reapply or revocation and $10,000 fine

    (2) Action taken against license by another jurisdiction.

     

     

    (456.072(1)(f) & 459.015(1)(b), F.S.)

     

     

    FIRST OFFENSE:

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000 to $5,000. $1,000 fine

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to revocation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $5,000 to $10, 000 and $5000 fine

    SECOND OFFENSE:

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was taken, and an administrative fine ranging from $5,000 to $10,000 and $5,000 fine

    Revocation and an administrative fine of $10,000 fine or denial of license until the licensee’s license is unencumbered in the jurisdiction where disciplinary action was originally taken

     

     

     

    (3) Guilty of crime directly relating to practice or ability to practice.

    (456.072(1)(c) & 459.015(1)(c), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,000 fine

    revocation and $5,000 fine or denial of license with ability to reapply for licensure in not less than 3 years

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    revocation and $10,000 fine or permanent denial of license

    (4) False, deceptive, or misleading advertising.

     

     

    (459.015(1)(d), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    3 month suspension to be followed by probation and $5,000 fine

    1 year suspension to be followed by probation and $5,000 fine

    (5) Failure to report another licensee in violation.

     

     

    (456.072(1)(i) & 459.015(1)(e), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    reprimand and $2,500 fine

    probation and $2,500 fine

    THIRD OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    (6) Aiding unlicensed practice.

     

     

    (456.072(1)(j) & 459.015(1)(f), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,500 fine

    denial or revocation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    denial or revocation and $10,000 fine

    (7) Failure to perform legal duty or obligation.

     

     

    (456.072(1)(k) & 459.015(1)(g), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $1,000 fine

    denial with ability to reapply after no less than 2 years or revocation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    denial or revocation and $10,000 fine

    (8) Giving false testimony regarding the

     

     

    practice of medicine.

     

     

    (459.015(1)(h), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    revocation and $10,000 fine or denial of license

    (9) Filing a false report or failing to file a report

     

     

    as required.

     

     

    (456.072(1)(l) & 459.015(1)(i), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $10,000 fine or denial with ability to reapply in not less than 1 year

    SECOND OFFENSE:

    denial with ability to reapply in not less than 3 years or suspension to be followed by probation and $10,000 fine

    denial with no ability to reapply or revocation and $10,000 fine

    (10) Kickbacks and unauthorized fee arrangements.

     

     

    (459.015(1)(j), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,500 fine

    denial or suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $10,000 fine

    denial or revocation and a $10,000 fine

    (11) Failure to provide financial disclosure form to

     

     

    a patient being referred to an entity in which the

     

     

    referring physician is an investor.

     

     

    (456.053, F.S.)

     

     

    FIRST OFFENSE:

    reprimand

    reprimand and $2,500 fine

    SECOND OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (12) Improper refusal to provide health care.

     

     

    (459.015(1)(k), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (13) Sexual misconduct within the patient

     

     

    physician relationship.

     

     

    (456.072(1)(v)(u) & 459.015(1)(l), F.S.)

     

     

    FIRST OFFENSE:

    probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    (14) Deceptive, untrue, or fraudulent misrepresentations in the practice of medicine.

     

     

    (456.072(1)(a) & (m) & 459.015(1)(m), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $10,000 fine

    denial of licensure or suspension to be followed by probation and $10,000 fine

    SECOND OFFENSE:

    denial of licensure or suspension to be followed by probation and $10,000 fine

    denial of licensure or revocation and $10,000 fine

    (15) Improper solicitation of patients.

     

     

    (459.015(1)(n), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

     

     

     

    (16) Failure to keep written medical records.

     

     

    (459.015(1)(o), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (17) Fraudulent, alteration or destruction of patient records.

     

     

    (459.015(1)(p), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (18) Exercising improper influence on patient.

     

     

    (456.072(1)(n) & 459.015(1)(q), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (19) Improper advertising of pharmacy.

     

     

    (459.015(1)(r), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (20) Performing, professional services not authorized by patient.

     

     

    (459.015(1)(s), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    probation and $7,500 fine

    revocation and $10,000 fine

    (21) Controlled substance violations.

     

     

    (459.015(1)(t), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (22) Prescribing or dispensing of a scheduled drug by the physician to himself.

     

     

    (459.015(1)(u), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (23) Use of amygdalin (Laetrile).

     

     

    (459.015(1)(v), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (24) Inability to practice medicine with skill and safety.

     

     

    (456.072(1)(z) & 459.015(1)(w), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and $2,500 fine

    denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (25) Gross Malpractice.

     

     

    (459.015(1)(x), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and $7,500 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (26) Repeated Malpractice as defined in

     

     

    Section 456.50, F.S.

     

     

    FIRST OFFENSE:

    revocation or denial of license and fine of $1,000

    revocation or denial of license and fine of $10,000

    (27) Failure to practice medicine in accordance with

     

     

    appropriate level of care, skill and treatment recognized in general law related to the practice

     

     

    of medicine.

    (456.50(1)(g), F.S.),

     

     

    (459.015(1)(x), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern, up to one (1) year probation and $1,000 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    two (2) year probation and $7,500 fine

    denial or revocation and $10,000 fine

    (28) Improper performing of experimental treatment.

     

     

    (459.015(1)(y), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and $5,000 fine

    denial or suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (29) Practicing beyond one’s scope.

     

     

    (456.072(1)(o) & 459.015(1)(z), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and $5,000 fine

    denial or suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (30) Delegation of professional responsibilities

     

     

    to unqualified person.

     

     

    (456.072(1)(p) & 459.015(1)(aa), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    denial or suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (31) Violation of law, rule, order, or failure to comply with subpoena.

     

     

    (456.072(1)(q),(dd) & 459.015(1)(bb), F.S.)

     

     

    FIRST OFFENSE:

    denial or reprimand and $5,000 fine

    denial or suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    denial or suspension to be followed by probation and $7,500 fine

    denial or revocation and $10,000 fine

    (32) Restricting another from lawfully advertising services.

     

     

    (459.015(1)(cc), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    3 month suspension to be followed by probation and a $5,000 fine

    1 year suspension to be followed by probation and $5,000 fine

    (33) Procuring, aiding or abetting an unlawful abortion.

     

     

    (459.015(1)(dd), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (34) Presigning blank prescription forms.

     

     

    (459.015(1)(ee), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (35) Prescribing a Schedule II substance for office use.

     

     

    (459.015(1)(ff), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (36) Improper use of Schedule II amphetamine

     

     

    or sympathomimetic amine drug.

     

     

    (459.015(1)(gg), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (37) Failure to adequately supervise assisting personnel.

     

     

    (459.015(1)(hh), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (38) Improper use of substances for muscle building or enhancement of athletic performance.

     

     

    (459.015(1)(ii), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (39) Misrepresenting, concealing a material fact during licensing, or disciplinary procedure.

     

     

    (459.015(1)(jj), F.S.)

     

     

    FIRST OFFENSE:

    denial with ability to reapply immediately upon payment of $5,000 fine or probation and $5,000 fine

    denial with ability to reapply in not less than 3 years or revocation and $7,500 fine

    SECOND OFFENSE:

    denial with ability to reapply in not less than 3 years and $10,000 fine or suspension to be followed by probation and $10,000 fine

    denial of license with no ability to reapply or revocation and $10,000 fine

    (40) Improperly interfering with an investigation or disciplinary proceeding.

     

     

    (456.072(1)(r) & 459.015(1)(kk), F.S.)

     

     

    FIRST OFFENSE:

    probation and $10,000 fine

    revocation and $10,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $10,000 fine

    revocation and $10,000 fine

    (41) Failing to report any licensee who has violated the disciplinary act who provides services at the same office.

     

     

    (459.015(1)(ll), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (42) Giving corroborating written medical expert opinion without reasonable investigation.

     

     

    (459.015(1)(mm), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (43) Failure to comply with guidelines for use of obesity drugs.

     

     

    (459.0135, F.S. & Rule 64B15-14.004, F.A.C.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (44) Falsely advertising or holding oneself out as a board-certified specialist.

     

     

    (459.015(1)(nn), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

     

     

     

    (45) Failing to provide patients with information about their patient rights and how to file a complaint.

     

     

    (456.072(1)(u)(t) & 459.015(1)(oo), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (46) Violating any rule adopted by the board or department.

     

     

    (456.072(1)(b),

    459.015(1)(pp), F.S.)

     

     

    FIRST OFFENSE:

    denial or letter of concern and $1,000 fine, demonstration of compliance with the rule

    denial or suspension to be followed by probation and $5,000 fine, a reprimand, completion of a laws and rules course, and demonstration of compliance with the rule

    SECOND OFFENSE:

    denial or reprimand, completion of laws and rules course, demonstration of compliance with the rule, probation and $7,500 fine

    denial with no ability to reapply or revocation and $10,000 fine

    (47) Using a Class III or a Class IV laser device without having complied with the rules adopted pursuant to Section 501.122(2), F.S.

     

     

    (456.072(1)(d), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $1,000 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (48) Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome.

     

     

    (456.072(1)(e), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (49) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.

     

     

    (456.072(1)(g), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $5,000 fine

    probation and $10,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (50) Failing to comply with the educational course requirements for domestic violence.

     

     

    (456.072(1)(s), F.S.)

     

     

    FIRST OFFENSE:

    reprimand and $2,500 fine

    probation and $5,000 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (51) Failing to comply with the requirements for profiling and credentialing.

     

     

    (456.072(1)(w)(v), F.S.)

     

     

    FIRST OFFENSE:

    $2,500 fine

    suspension to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    probation and $5,000 fine

    revocation and $10,000 fine

    (52) Failing to report to the board in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to a crime in any jurisdiction.

     

     

    (456.072(1)(x) (w), F.S.)

     

     

    FIRST OFFENSE:

    imposition of discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000 to $5,000 fine

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to revocation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken and an administrative fine ranging from $5,000 to $10,000. denial of licensure or suspension

    to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    imposition of discipline comparable to discipline that would have been imposed in Florida if the substantive violation occurred in Florida to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine range from $5,000 to $10,000. probation and $5,000 fine

    revocation and an administrative fine of $10,000 or denial of license until the licensee’s license is unencumbered in the jurisdiction where disciplinary action was originally taken. denial of licensure with no ability to reapply or revocation and $10,000 fine

    (53) Using information about people involved in motor vehicle accidents which has been derived from accident reports made by law enforcement officers or persons involved in accidents pursuant to Section 316.066, F.S., or using information published in a newspaper or other, news publication or through a radio or television broadcast that has used information gained from such reports, for the purposes of commercial or any other solicitation whatsoever of the people involved in such accidents.

     

     

    (456.072(1)(y)(x), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern

    reprimand and $1,000 fine

    SECOND OFFENSE:

    probation and $2,000 fine

    probation and $5,000 fine

    THIRD OFFENSE:

    probation and $7,500 fine

    suspension to be followed by probation and $10,000 fine

    (54) Action taken against any license by another jurisdiction.

     

     

    (456.072(1)(f), F.S.)

     

     

    FIRST OFFENSE:

    probation and $2,000 fine

    revocation and $5,000 fine or denial of license with ability to reapply for licensure in not less than 3 years

    SECOND OFFENSE:

    suspension to be followed by probation and $5,000 fine

    revocation and $10,000 fine or permanent denial of license

    (54)(55) Testing positive for any drug on any confirmed preemployment or employer-ordered drug screening.

     

     

    (456.072(1)(aa)(z), F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (55)(56) Performing or attempting to perform health care services on the wrong patient, a wrong procedure, an unauthorized, unnecessary or unrelated procedure.

    (456.072(1)(bb)(aa), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and $5,000 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    denial or suspension and $10,000 fine

    denial or revocation and $10,000 fine

    (56)(57) Leaving a foreign body in a patient such as a sponge, clamp, forceps, surgical needle or other paraphernalia.

    (456.072(1)(cc)(bb), F.S.)

     

     

    FIRST OFFENSE:

    denial or probation and $5,000 fine

    denial or revocation and $10,000 fine

    SECOND OFFENSE:

    denial or suspension and $10,000 fine

    denial or revocation and $10,000 fine

    (57)(58) Being terminated from a treatment program for impaired practitioners, 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.

    (456.072(1)(hh)(gg) F.S.)

     

     

    FIRST OFFENSE:

    stayed suspension and probation and $2,500 fine

    suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine

    SECOND OFFENSE:

    suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine.

    revocation and $10,000 fine

    (58)(59) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable  skill or safety to patients, a violation of any provision  of this chapter, a violation of the applicable practice  act, or a violation of any rules adopted under this  chapter or the applicable practice act of the prescribing  practitioner.

    (456.072(1)(gg) F.S.)

     

     

    FIRST OFFENSE:

    probation and $5,000 fine

    suspension to be followed by probation and $7,500 fine

    SECOND OFFENSE:

    suspension to be followed by probation and $7,500 fine

    revocation and $10,000 fine

    (59)(60) Being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371,s. 1001, s. 1035, s. 1341, s.1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program. (456.072(1)(ii), F.S.)

     

     

    FIRST OFFENSE:

    revocation and a fine of $10, 000 or denial of application for licensure

     

    (60)(61) Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

     

     

    (456.072(1)(jj), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern and a fine of $500

    probation, and a fine of $1,000

    SECOND OFFENSE:

    reprimand and a fine of $500

    revocation and a fine of $1,000.

    (61)(62) Being terminated from the State Medicaid program or any other state Medicaid program, or the federal Medicare program.

    (456.072(1)(kk), F.S.)

     

     

    FIRST OFFENSE:

    letter of concern and a fine of $500

    suspension and a fine of $1,000

    SECOND OFFENSE:

    reprimand and a fine of $500

    revocation and a fine of $1,000

    (62)(63) Being convicted of, or entering into a plea of guilty or nolo contendere to, any misdemeanor or felony,  regardless of adjudication, which relates to health care fraud.

    (456.072(1)(ll), F.S.)

     

     

    FIRST OFFENSE:

    revocation and fine of $10,000 or denial of application for licensure

     

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kaye Howerton, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

Document Information

Related Rules: (1)
64B15-19.002. Violations and Penalties