The proposed rule amendment is intended to clarify disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-6.011Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendment is intended to clarify disciplinary guidelines.

SUMMARY: The proposed rule amendment will clarify guidelines.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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, 456.47(7), 459.015(5) FS

LAW IMPLEMENTED: 456.072, 456.47(4), 456.079, 459.015(5), 459.022(4)(e)1., (7)(f) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, J.D., Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-6.011 Disciplinary Guidelines.

(1) No change.

(2) Violations and Range of Penalties. In imposing discipline upon physician assistant applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., 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 verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. In addition to the guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count. In no event for the penalties set forth below shall the fine exceed $10,000.00 per count.

VIOLATIONS	RECOMMENDED PENALTIES
			FOR TELEHEALTH REGISTRANTS
	First Offense	Subsequent Offenses	First Offense	Subsequent Offenses
(a) through (j) No change.
(k) Deceptive, untrue, or fraudulent representations in the practice of osteopathic medicine. (Sections 459.015(1)(m); 456.072(1)(a), (m), F.S.)	(k) From a reprimand, to revocation, or denial of licensure, and an administrative fine from $51,000.00 to $10,000.00. If the offense includes an element of fraud or making a false or fraudulent representation the fine shall be $10,000.00	(k) From suspension, to be followed by a period of probation, to revocation or denial, and an administrative fine from $7,500.00 5,000.00 to $10,000.00. If the offense includes an element of fraud or making a false or fraudulent representation the fine shall be $10,000.00.	(k) From a reprimand to revocation or denial.	(k) From suspension with a corrective action plan, to revocation.
(l) through (t)  No change.
(u)1. Malpractice: practicing below acceptable standard of care. (Section 459.015(1)(x), F.S.)	(u)1. From a letter of concern, to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00.	(u)1. From reprimand, to revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00.	(u)1. From letter of concern to revocation or denial.	(u)1. From reprimand to revocation or denial.
2.  No change.
3. Repeated Malpractice	3. Revocation, or denial of licensure, and an administrative fine ranging from $2,500.00 1,000.00 to $10,000.00.		3. Revocation or denial.
(v) through (ff) No change.
(gg) Misrepresenting or concealing a material fact during disciplinary or licensure procedure. (Section 459.015(1)(jj), F.S.)	(gg) From a reprimand to revocation, and an administrative fine ranging from $2,500.00 to $5,000.00, or the denial of licensure.	(gg) From probation, to revocation, or denial of licensure, and an administrative fine ranging from $5,000.00 to $105,000.00.	(gg) From reprimand to revocation or denial.	(gg) From a minimum of thirty (30) day suspension with a corrective action plan to revocation, or denial.
(hh) through (nn) No change.
(oo) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients. (Section 456.072(1)(gg), F.S.)	(oo) From one year probation to revocation, and an administrative fine ranging from $2,500.00 1,000.00 to $10,000.00, or denial of licensure.	(oo) From suspension to be followed by probation to revocation, and an administrative fine ranging from $5,000.00 to $10,000.00, or denial of licensure.	(oo) From one (1) month suspension with a corrective action plan, to revocation or denial.	(oo) From ninety (90) day suspension with a corrective action plan, to revocation or denial.
(pp) through  (ccc) No change.

(3) through (4)  No change.

Rulemaking Authority 456.079, 456.47(7), 459.015(5) FS. Law Implemented 456.072, 456.47(4), 456.079, 459.015(5), 459.022(4)(e)1., (7)(f) FS. History–New 4-18-89, Formerly 21R-6.011, Amended 11-4-93, Formerly 61F9-6.011, 59W-6.011, Amended 6-7-98, 4-9-01, 7-13-03, 5-16-10, 3-26-12, 5-17-17, 11-15-18, 4-18-21,                                .

 

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: May 14, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 3, 2021