The proposed rule amendments are intended to set forth additional offenses which the Board has deemed appropriate for mediation and for the issuance of citations.

 

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO.: RULE TITLE:
64B8-8.015: Mediation
64B8-8.017: Citation Authority

PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth additional offenses which the Board has deemed appropriate for mediation and for the issuance of citations.

SUMMARY: The proposed rule amendments set forth additional offenses which are appropriate for mediation and set forth an additional violation and penalty which is appropriate for the issuance of a citation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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.

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: 456.077, 456.078, 458.309 FS.
LAW IMPLEMENTED: 456.072(2)(d), 456.077, 456.078 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 RULES IS: Joy A. Tootle, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULES IS:

64B8-8.015 Mediation.

(1) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation, violations of the following provisions:

(a) Failing to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information about their patient rights and how to file a patient complaint;

(b) Negligently failing to file a report or record required by state or federal law; and

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

(1)(2) The above-outlined provisions set forth in subsection (2) below shall qualify for mediation only when the violation can be remedied by the licensee and, there is no allegation of intentional misconduct, no patient injury, and the allegations do not involve any “adverse incidents” as defined by Section 456.078(2), F.S.

(2) For purposes of Section 456.078, F.S., the Board designates as being appropriate for mediation, the following violations:

(a) Failure to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information about their patient rights and how to file a patient complaint;

(b) Negligently failing to file a report or record required by state or federal law;

(c) Failure to verify profile information or failure to comply with the requirements for profiling and credentialing;

(d) Falsely certifying compliance with required continuing medical education hours for the purpose of renewing a license or certification;

(e) Failure to notify the Department of change of practice or mailing address;

(f) Failure to provide medical records, upon request, to a patient or a patient’s legal representative;

(g) Charging copying fees for patient records in violation of Rule 64B8-10.003, F.A.C.;

(h) False, deceptive or misleading advertising not involving intentional misconduct; and

(i) Failure to pay the fines or costs imposed by Board order.

(3) If a licensee is no longer eligible for mediation or if mediation fails, the above-referenced violations shall be eligible for the issuance of a citation pursuant to Rule 64B8-8.017, F.A.C.

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 10-18-94, Formerly 59R-8.015, Amended 6-1-05,_________.

 

64B8-8.017 Citation Authority.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) through (2) No change.

(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

VIOLATIONS	PENALTY
(a) CME violations. (Sections 458.321, 458.331(1)(g), (x), 456.072(1)(e), (s), F.S.)	Within 60 days of the date the citation is issued, Respondent must submit certified documentation of completion of all CME requirements for the period for which the citation was issued. Respondent’s continuing education courses will be audited for the next two biennia to ensure compliance with renewal requirements; AND
1. Failure to document required HIV/AIDS and related infections of TB CME.	$250 fine
2. Failure to document required domestic violence CME.	$250 fine
3. Failure to document required medical errors CME.	$250 fine
4. Failure to document required HIV/AIDS and related	$500 fine
infections of TB and failure to document domestic violence CME.
5. Documentation of some, but not all, 40 hours of required CME for license renewal.	$50 fine for each hour not documented
(b) through (d) No change.
(e) Failure to notify Department of change of mailing address or practice address. (Sections 458.319(3), 458.331(1)(g), F.S.).	$250 fine
(f) Failure to provide medical records upon request, to a of only one patient or a patient’s legal representative or excessively charging copying fees for patient records in violation of Rule 64B8-10.003, F.A.C. (Rule 64B8-10.003, F.A.C.) (Sections 455.331(1)(g), 456.057, F.S.).	$500 fine and reimbursement of excessive fees charged. In addition, the physician must provide the medical records to the patient within 10 days.
(g) through (m) No change.
(n) Failure First time failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs. (failure to pay more than 30 days after the due date will result in an administrative complaint).	$1,000 fine
(o) through (q) No change.
(r) Negligently failing to file a report or record required by state or federal law.	$500 fine

(4) through (5) No change.

Rulemaking Authority 456.077, 458.309 FS. Law Implemented 456.072(2)(d), 456.077 FS. History–New 12-30-91, Formerly 21M-20.017, Amended 11-4-93, Formerly 61F6-20.017, Amended 8-23-95, Formerly 59R-8.017, Amended 4-7-99, 1-27-00, 1-31-02, 1-12-03, 7-27-04, 2-7-05, 1-4-06, 7-3-06, 1-16-08, 12-22-09, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 14, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 9, 2012