The Board proposes the rule amendment to increase the fine for particular violations to the maximum allowed by statute.

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 increase the fine for particular violations to the maximum allowed by statute.
SUMMARY: The rule amendment will increase the fine for particular violations to the maximum allowed by statute.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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(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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Dentistry/MQA, 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:

     (a) through (w) No change.

 

(x) Being guilty of incompetence or negligence, including, but not limited to, being guilty of dental malpractice. (466.028(1)(x))
First Offense	$500 fine		Probation with conditions and $108,000 fine
Second Offense	Probation with conditions and $1,000 fine		Suspension and $10,000 fine
Third Offense	$2,500 fine		Revocation and $10,000 fine

 

    (y) through (ccc) No change.

    (2) through (5) No change.

Specific 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,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Dentistry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 02, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2007