Guidelines for the Disposition of Disciplinary Cases

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NO.:RULE TITLE:

64B2-16.003Guidelines for the Disposition of Disciplinary Cases

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. 47 No. 60, March 29, 2021 issue of the Florida Administrative Register.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at a meeting held May 21, 2021.  The changes are as follows:

 

64B2-16.003 Guidelines for the Disposition of Disciplinary Cases.

(1) No change.

(2) Violations and Range of Penalties. When the Board finds that an applicant or licensee whom it regulates pursuant to Chapter 460, F.S., has violated the below-listed provisions, it shall issue a final order imposing appropriate penalties, for each count, as set forth in Section 456.072(2), F.S., within the ranges recommended in the following disciplinary guidelines.  The identification of offenses are descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. If the Board makes a finding of pecuniary benefit or self-gain related to the violation, then the Board shall require refund of fees billed and collected from the patient or a third party on behalf of the patient.  In addition to or in lieu of any 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 per count or offense.

 

 

Statutory or Rule cite and brief descriptor.	First Offense	Second Offense	Third or Subsequent Offenses
(a) through (g) No change.
(h) Section 460.412 or 456.072(1)(v), F.S.: (sexual misconduct).	From a minimum of a PRN referral for evaluation, one (1) year suspension followed by two (2) years’ probation including a chaperone, up to a maximum $7,500 fine and/or permanent revocation.	$10,000 fine and permanent revocation.	$10,000 fine and permanent revocation.
(i) Section 460.413(1)(a) or 456.072(1)(h), F.S., Obtain license by bribery, fraudulent misrepresentation or Department or Board Error.
1. i. Obtain license by bribery.	From a minimum $500 fine and/or two (2) years’ probation to a maximum of permanent revocation.	From a minimum $10,000 fine and one (1) year suspension to permanent revocation.	Permanent revocation.
2. ii. Obtain license by fraudulent misrepresentations.	From six months’ probation and a fine of $10,000 to a maximum of five (5) years suspension, passage of the SPEC Exam as condition of reinstatement, and a fine of $10,000.	$10,000 fine and permanent revocation.
3. iii. Obtain license by Department or Board error.	Suspension until appearance before Board, demonstration of entitlement to licensure and certification by Board, and a $500 fine.	Same Penalty as first violation.	Same Penalty as first violation
(j) No change.
(k). Section 460.413(1)(c) or 456.072(1)(c), F.S., crime related to practice.
1. i. Misdemeanor.	From a minimum $1,500 fine and six (6) months’ probation, up to a $3,000 fine and one (1) year suspension.	From a minimum $3,000 fine, six (6) months suspension and one (1) year probation up to a $5,000 fine and eighteen (18) month suspension.	From a minimum of $4,000 fine, two (2) year Permanent revocation.
2. ii. Felony.	From a minimum $5,000 fine and 1 year probation up to a maximum $7,500 fine and one (1) year suspension followed by two (2) years’ probation or permanent revocation.	From a minimum $7,500 fine and two (2) years suspension followed by two (2) years’ probation, up to a maximum $10,000 fine and/or four (4) year suspension, passage of the SPEC exam as a condition of reinstatement of license to be followed by four (4) years’ probation.	Permanent revocation.
(l) Section 460.413(1)(d), F.S.: false/misleading advertising.	From a minimum $1,000 fine and a letter of concern, up to a maximum $2,500 fine and 3 hours Laws, Rules and Ethics CE.	In addition to three (3) three hours CE on Laws, Rules and Ethics, from a minimum $2,500 fine and one (1) year probation to a maximum $5,000 fine and three (3) months suspension.	From a minimum of a $10,000 fine and/or one (1) year suspension to a maximum $10,000 fine and permanent revocation.
(m) through (p) No change.
(q) Section 460.413(1)(i) or 456.072(1)(k), F.S.: failure to perform statutory or legal obligation.	In addition to three (3) three hours Laws, Rules and Ethics CE, from a minimum $1,000 fine and a letter of concern, up to a maximum $3,000 fine and one (1)  year suspension followed by two (2) years’ probation.	From a minimum three (3) three hours Laws, Rules and Ethics CE, $2,500 fine and one (1) year probation up to a maximum $5,000 fine, 2 year suspension, SPEC Exam as condition of reinstatement followed by 2 years’ probation or permanent revocation.	From a minimum $10,000 fine and 1 year suspension up to a maximum $10,000 fine and permanent revocation.
1. i. Negligent filing of false report.	From a minimum $2,000 fine, up to a maximum $5,000 fine, two (2) hours Ethics and three (3) hours Laws and Rules CE and one (1) year probation with records monitoring.	From a minimum $3,000 fine and a reprimand to a maximum $5,000 fine, two (2) hours Ethics and three (3) hours Laws and Rules CE and two (2) year suspension.	From a minimum $5,000 fine up to a maximum $10,000 fine and permanent revocation.
2. ii. Willful filing of false report, impeding, or inducing another to file false report.	From a minimum $5,000 fine  and one (1) year suspension, followed by one (1) year probation with records monitoring, up to a maximum of 1 year suspension, SPEC Exam as condition of license reinstatement, followed by 3 years’ probation	From a minimum $5,000 fine and three (3) year suspension with two (2) hours Ethics and three (3) hours Laws and Rules CE and passage of the SPEC Exam as conditions of licensure reinstatement followed by 3 years’ probation with records monitoring up to a maximum $7,500 fine and permanent revocation.	From a minimum $10,000 fine and five (5) year suspension up to a maximum $10,000 fine and permanent revocation.
(r) Section 460.413(1)(r), F.S.: Gross or repeated malpractice or failure to practice at acceptable level of reasonably prudent care, skill or treatment.
1. Gross malpractice.	From a minimum $2,500 fine, up to a maximum $5,000 fine and permanent revocation.	From a minimum $5,000 fine and one (1) year suspension followed by one (1) year probation up to a maximum $7,500 fine, three (3) year suspension followed by three (3) year probation or permanent revocation.	From a minimum $10,000 fine, two (2) years suspension and two (2) years’ probation up to a maximum $10,000 fine and permanent revocation.
2. Repeated malpractice.	From a minimum $1,000 fine, three (3) hours Laws, Rules and Ethics CE, and one (1) year suspension followed by one (1) year probation up to a maximum $6,000 fine, two (2) year suspension, three (3) hours Laws, Rules and Ethics CE and passage of the SPEC Exam as conditions of license reinstatement, followed by two (2) year probation with monitoring or permanent revocation.	From a minimum $5,000 fine, two (2)  year suspension and two (2)  year probation up to a maximum $10,000 fine, four (4) year suspension, three (3) hours Laws, Rules and Ethics CE and passage of the SPEC Exam as conditions of license reinstatement, followed by four (4) years’ probation with monitoring or permanent revocation.	$10,000 fine and permanent revocation (minimum and maximum same).
3. Unacceptable level of care, skill, and treatment.	For a first offense, from a minimum $3,000 fine, 1 year suspension followed by two (2)  years’ probation up to a maximum $6,000 fine, 5 year suspension, SPEC Exam as condition of licensure reinstatement, followed by 2 year probation with monitoring.	From a minimum $5,000 fine and 2 year suspension, passage of SPEC Exam as condition of license renewal, followed by two (2) years’ probation with monitoring up to a maximum $8,000 fine and three (3) year suspension, six (6) hours Documentation and Coding CE and passage of the SPEC Exam as a condition of license reinstatement, followed by three (3) years’ probation with monitoring or permanent revocation.	For a third offense, from a minimum $7,500 fine, one (1) year suspension then two (2) years, probation up to a maximum $10,000 fine and/or permanent revocation.
(s) No change.
(t) Section 460.413(1)(l) or 456.072(1)(y), F.S.: soliciting patients or commercial solicitation from accident report information.	From a minimum $3,000 fine and/or two (2) years’ probation, up to a maximum $6,000 fine, two (2) year suspension followed by two (2) year probation and two (2) hours Ethics and three (3) hours Laws and Rules CE.	From a minimum $5,000 fine and/or one year suspension followed by two (2) years’ probation, up to a maximum $10,000 fine, and permanent revocation.	Permanent Revocation.
(u) Section 460.413(1)(m), F.S.: medical recordkeeping.	In addition to three (3) hours Laws, Rules and Ethics and six (6) hours Documentation and Coding CE, from a minimum $1,000 fine and/or one (1) year probation with records monitoring, up to a maximum $3,000 fine, six (6) months suspension, followed by one (1) year probation with records monitoring.	From a minimum of $2,500 fine and one (1) year suspension followed by one (1) year probation up to a maximum $10,000 fine, one (1) year suspension followed by two (2) years’ probation.	From a minimum $7,500 fine and two (2) years suspension, followed by two (2) years’ probation with records monitoring up to a maximum $10,000 fine and permanent revocation.
(v) Section 460.413(1)(n) or 456.072(1)(n), F.S.: exploit patient for financial gain.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a minimum $2,000 fine and/or one (1) year probation, up to a maximum  $4,000 fine and/or two (2) year suspension followed by two (2) years’ probation of license.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE from a $3,000 fine, one (1) year suspension with passage of the SPEC Exam as a condition of reinstatement followed by two (2)  year probation with monitoring up to a maximum $7,500 fine or permanent revocation	From a minimum $7,500 fine, two (2) years suspension followed by two (2) years’ probation up to a maximum $10,000 fine and permanent revocation.;
(w) Section 460.413(1)(o), F.S.: unauthorized services.	From a minimum $1,000 fine and/or one (1) year probation with monitoring, up to a maximum $3,000 fine and two (2) years’ probation with monitoring,	From a minimum $3,000 fine and two (2) years’ probation with monitoring, up to a maximum $5,000 fine, two (2) years suspension with passage of the SPEC Exam as a condition of license reinstatement followed by two (2) years’ probation with monitoring or permanent revocation.	For a third offense, from a minimum $5,000 fine, two (2) year suspension with passage of the SPEC Exam as a condition of license reinstatement followed by two (2) years’ probation with monitoring, up to a maximum $10,000 fine and permanent revocation.
(x) Section 460.413(1)(p), F.S.: dispensing drugs/performing surgery.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a minimum fine of $5,000 and/or one year of probation, up to a maximum fine of $10,000 and/or five (5) year suspension with passage of the SPEC Exam as a condition of license reinstatement followed by two (2) years’ probation.	$10,000 fine and permanent revocation.	$10,000 fine and permanent revocation.
(y) No change.
(z) Section 460.413(1)(t) or 456.072(1)(o), F.S., practicing beyond scope or competency.	In addition to three (3) three hours Laws, Rules and Ethics CE, from a minimum $1,000 fine and a letter of concern, up to a maximum $3,000 fine and one (1) year suspension followed by two (2) years’ probation.	From a minimum three (3) three hours Laws, Rules and Ethics CE, $2,500 fine and one (1) year probation up to a maximum $5,000 fine, 2 year suspension, SPEC Exam as condition of reinstatement followed by 2 years’ probation or permanent revocation.	From a minimum $10,000 fine and 1 year suspension up to a maximum $10,000 fine and permanent revocation.
i. Gross malpractice.	From a minimum $2,500 fine, up to a maximum $5,000 fine and/or permanent revocation.	From a minimum $5,000 fine and one (1) year suspension followed by one (1) year probation up to a maximum $7,500 fine, three (3) year suspension followed by three (3) year probation or permanent revocation.	From a minimum $10,000 fine, two (2) years suspension and two (2) years’ probation up to a maximum $10,000 fine and/or permanent revocation.
ii. Repeated malpractice.	From a minimum $1,000 fine, three (3) hours Laws, Rules and Ethics CE, and one (1) year suspension followed by one (1) year probation up to a maximum $6,000 fine, two (2) year suspension, three (3) hours Laws, Rules and Ethics CE and passage of the SPEC Exam as conditions of license reinstatement, followed by two (2) year probation with monitoring or permanent revocation.	From a minimum $5,000 fine, two (2)  year suspension and two (2)  year probation up to a maximum $10,000 fine, four (4) year suspension, three (3) hours Laws, Rules and Ethics CE and passage of the SPEC Exam as conditions of license reinstatement, followed by four (4) years’ probation with monitoring or permanent revocation.	$10,000 fine and permanent revocation (minimum and maximum same).
iii. Unacceptable level of care, skill, and treatment.	For a first offense, from a minimum $3,000 fine, 1 year suspension followed by two (2)  years’ probation up to a maximum $6,000 fine, 5 year suspension, SPEC Exam as condition of licensure reinstatement, followed by 2 year probation with monitoring.	From a minimum $5,000 fine and 2 year suspension, passage of SPEC Exam as condition of license renewal, followed by two (2) years’ probation with monitoring up to a maximum $8,000 fine and three (3) year suspension, six (6) hours Documentation and Coding CE and passage of the SPEC Exam as a condition of license reinstatement, followed by three (3) years’ probation with monitoring or permanent revocation.	For a third offense, from a minimum $7,500 fine, one (1) year suspension then two (2) years, probation up to a maximum $10,000 fine and/or permanent revocation.
(aa) Section 460.413(1)(s), F.S.: experimentation on human subjects without consent.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a $2,000 fine  and/or five (5) years’ probation, up to a maximum of five (5) year suspension, passage of the SPEC Exam as condition of reinstatement, followed by two (2) years’ probation.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a minimum $5,000 fine, one (1) year suspension and/or five (5) years’ probation up to permanent revocation.	$10,000 fine and permanent revocation.
(bb) Section 460.413(1)(t) or 456.072(1)(o), F.S.: practicing beyond the scope permitted or competent to perform.	In addition to three (3) hours Laws, Rules and Ethics CE,  a minimum $2,500 fine and/or one (1) year probation with monitoring, up to a maximum two (2) year suspension followed by two (2) years’ probation with monitoring and a $5,000 fine.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a minimum $5,000 fine and/or two (2) year suspension followed by two (2) years’ probation up to a maximum $7,500 fine, four (4) year suspension, passage of the SPEC Exam as condition of license reinstatement, followed by four (4) year probation.	From a minimum $10,000 fine up to a maximum $10,000 fine and permanent revocation.
(cc) No change.
(dd) Section 460.413(1)(v) or 456.072(1)(q), F.S.: violating any lawfully issued order or subpoena.	From a minimum $1,000 fine and a letter of concern, up to a maximum three (3) hours Laws, Rules and Ethics CE.	In addition to three (3) hours Laws and Rules and two (2) hours Ethics CE, from a minimum $3,000 fine and/or two (2) years of probation up to a maximum $5,000 fine or one (1) year suspension.	From a minimum $7,500 fine and/or six (6) month suspension followed by probation up to a maximum $10,000 fine and permanent revocation.
(ee) Section 460.413(1)(w), F.S. conspiring or committing an act to prevent a licensee from advertising.	From a minimum $1,000 fine to a maximum of Letter of Concern and two (2) hours Ethics and Three (3) hours Laws and Rules CE.	From a minimum $3,000 fine and six (6) months suspension up to a maximum $5,000 fine, one (1) year suspension, two (2) hours Ethics and Three (3) hours Laws and Rules CE as conditions of reinstatement of license.	From a minimum $7,500 fine and/or two (2) year suspension followed by probation up to a maximum $10,000 fine and/or permanent revocation.
(ff) Section 460.413(1)(x) or 456345.072(1)(ee), F.S.: submitting claims for treatment not provided.	From a minimum $3,000 fine and/or two (2) year probation, up to a maximum $5,000 fine or one (1) year suspension, three (3) hours Laws and Rules, two (2) hours Ethics and six (6) hours Documentation and Coding CE as conditions of licensure reinstatement, followed by one (1) year probation with records monitoring.	From a minimum $5,000 fine and one (1) year suspension followed by two (2) years’ probation with monitoring to a maximum $7,500 fine and/or five (5) year suspension, SPEC Exam as condition of licensure reinstatement, followed by five (5) years’ probation with monitoring.	$10,000 fine and permanent revocation.
(gg) Section 460.413(1)(y), F.S.: commingling or conversion of patient funds and financial recordkeeping.	In addition to three (3) hours Laws and Rules CE, from a minimum $2,000 fine and/or one (1) year probation, up to a maximum $4,000 fine, one (1) year suspension followed by one (1) year probation with records monitoring and three (3) hours Laws and Rules and two (2) hours Ethics CE.	In addition to three (3) hours Laws and Rules and two (2) hours Documentation and Coding CE, from a minimum $5,000 fine and one (1) year suspension followed by one (1) year probation with records monitoring to a maximum of $7,500 fine, five (5) year suspension, passage of the SPEC Exam as condition of reinstatement of license, followed by five (5) years’ probation with records monitoring.	From a minimum $7,500 fine and/or one (1) year suspension, followed by two (2) years’ probation with records monitoring up to a maximum $10,000 fine and permanent revocation.
(hh) Section 460.413(1)(z), F.S.: offering or accepting payment by assignment if it appears to eliminate requirement for insured to pay deductible.	From minimum $1,000 fine and/or a letter of concern up to a maximum $3,000 fine and three (3) hours Laws, Rules and Ethics CE.	From a minimum $3,000 fine and/or one (1) year probation with monitoring to a maximum $5,000 fine and one (1) year suspension followed by one (1) probation with records monitoring and three (3) hours Laws, Rules and Ethics CE.	From a minimum of a $10,000 fine up to a $10,000 fine and permanent revocation.
(ii) Section 460.413(1)(aa), F.S.: failure to provide insured with copy of claim (citation offense).	From a minimum $1,000 fine and Letter of Concern up to a maximum of two (2) hours Ethics and Three (3) hours Laws and Rules CE.	From a minimum $3,000 fine and/or one (1) years’ probation to a maximum $4,000 fine, two (2) hours Ethics and Three (3) hours Laws and Rules CE and 3  years suspension, SPEC Exam as condition of license reinstatement, followed by probation with monitoring.	From a minimum $10,000 fine up to a maximum $10,000 fine and permanent revocation.
(jj) No change.
(kk) Sections 460.413(1)(cc), 456.062, F.S.: failure of advertisement to state usual fee when offers free or discount services (citation offense).	From a minimum $1,000 fine, Letter of Concern and three hours Laws, Rules and Ethics CE.	From a minimum $2,000 fine and/or Letter of Concern up to one (1) year probation with monitoring to approve all advertising and three (3) hours Laws, Rules and Ethics CE.	$5,000 fine, one (1) year suspension followed by one (1) year probation with monitoring to approve all advertising and three (3) hours Laws, Rules and Ethics CE.
(ll) Section 460.413(1)(dd), F.S.: using acupuncture without certification.	$3,000 fine and/or one (1) year probation, Letter of Concern, and three (3) hours Laws, Rules and Ethics CE.	From a minimum of a $7,500 fine and 3 year suspension, passage of the SPEC Exam as a condition of license reinstatement, followed by two (2) years’ probation up to a maximum of a $7,500 fine, three (3) hours Laws, Rules and Ethics CE and three (3) year suspension followed by three (3) year probation or permanent revocation of acupuncture certification.	From a minimum of a $10,000 fine up to a maximum $10,000 fine and permanent revocation.
(mm) Section 460.413(1)(ee), F.S.: failure to report violation in the facility.	From a minimum of a letter of concern and/or a $1,000  fine up to a maximum Letter of Concern and three (3) hours Laws, Rules and Ethics CE.	From a minimum of a $2,000 fine and one (1) year probation up to a maximum $3,000 fine, three (3) hours Laws, Rules and Ethics CE, and two (2) year probation.	From a minimum $5,000 fine and two (2) year suspension followed by two (2) year probation up to a maximum $7,500 fine, passage of the SPEC Exam and three (3) hours Laws and Rules and two (2) hours Ethics CE.
(nn) Section 460.413(1)(ff), 456.072(1)(b), or 456.072(1)(dd), F.S.: violating Chapter 460, Chapter 456, F.S., or any Board rules.	$1,000 fine and/or a letter of concern.	From a minimum $5,000 fine and/or two (2) years’ probation up to a maximum $10,000 fine and permanent revocation of license.	$10,000 fine and permanent revocation.
(oo) No change.
(pp) Section 456.057(6), F.S.: timely and appropriate release of medical records.	In addition to three (3) hours Laws, Rules and Ethics CE, from a minimum $1,000 fine and/or a letter of concern up to a maximum $3,000 fine and one (1) year of probation.	In addition to three (3) hours Laws, Rules and Ethics CE, from a minimum $2,500 fine and/or one (1) year probation to a maximum $5,000 fine and six (6) month suspension followed by two (2) years’ probation.	From a minimum $7,500 fine and one (1) year suspension followed by two (2) years’ probation up to a maximum  $10,000 fine and/or permanent revocation.
(qq) No change.
(rr) Section 456.072(1)(d), F.S.: improper usage of laser device.	In addition to passage of a training/competency course for the device type, from a minimum $1,000 fine and/or one (1) year probation up to a maximum $3,000 fine and two (2) year suspension followed by two (2) years’ probation.	In addition to passage of a training/competency course for the device type, from a minimum $3,000 fine and one (1) year suspension followed by one (1) year probation up to a maximum $6,000 fine and five (5) year suspension, SPEC Exam as condition of licensure reinstatement, followed by five (5) years’ probation.	From a minimum $10,000 fine, up to a maximum $10,000 fine and permanent revocation.
(ss) Section 456.072(1)(g), F.S.:  found liable in civil proceeding for knowingly filing a false report or complaint against another licensee with DOH.	From a minimum $2,000 fine to a maximum $3,000 fine, a letter of concern and two (2) hours Ethics CE.	From a minimum of 2 hours Ethics CE, $3,000 fine and one (1) year suspension followed by one (1) year probation to a maximum $5,000 fine and/or three (3) year suspension, SPEC Exam and two (2) hours Ethics CE as conditions of licensure reinstatement, followed by three (3) years’ probation.	From a minimum $10,000 fine up to a maximum $10,000 fine and permanent revocation.
(tt) No change.
(uu) Section 456.072(1)(r), F.S.: improper interference with investigation, inspection, or discipline.	From a minimum letter of concern, $1,000 fine and/or one (1) year of probation up to a maximum $3,000 fine and two (2) hours Ethics CE.	In addition to two (2) hours Ethics CE, from a minimum $5,000 fine and three (3)  year suspension, SPEC Exam as condition of license reinstatement, followed by one (1) year probation up to a maximum $5,000 fine or permanent revocation.	From a minimum $5,000 fine up to a maximum $10,000 fine and permanent revocation.
(vv) No change.
(ww) Section 456.072(1)(x), F.S.: failure to comply with 30-day notification of convictions and nolo pleas.	$1,000 fine and/or a letter of concern and three (3) hours Laws, Rules and Ethics CE.	From a minimum of a reprimand and a $5,000 fine up to one (1) year suspension followed by probation and a $10,000 fine.	From a minimum $10,000 fine up to a maximum $10,000 fine and/or permanent revocation.
(xx) Section 456.072(1)(aa), F.S.: testing positive on drug screening.	Suspension of license until PRN evaluation and recommendation of ability to practice with reasonable skill and safety to patients; if contract recommended, entry into contract and from a minimum $1,000 fine and one (1) year suspension and/or two (2) years’ probation and referral for a PRN evaluation, up to a maximum of one (1) year suspension followed by three (3) years’ probation with monitoring.	From a $2,500 fine and suspension until PRN referral and/or evaluation followed by probation to a $10,000 fine and permanent revocation.	From a $5,000 fine, suspension until PRN referral and/or evaluation and five (5) years’ probation up to a maximum $10,000 fine and or permanent revocation.
(yy) Section 456.072(1)(bb), F.S.: wrong patient, wrong-site, or wrong or unnecessary procedure.	In addition to six (6) hours CE in Documentation and Coding, from a minimum $1,000 fine and/or a reprimand, up to a maximum $3,000 fine and/or one (1) year suspension followed by one (1) year probation with monitoring.	In addition to six (6) hours CE in Documentation and Coding, from a minimum $3,000 fine and/or two (2) year suspension followed by two (2) year probation with monitoring up to a maximum $6,000 fine five (5) year suspension, passage of the SPEC Exam as condition of reinstatement, followed by five (5) year probation with monitoring.	From a minimum $10,000 fine and or one (1) year probation up to a maximum $10,000 fine and permanent revocation.
(zz) through (bbb) No change.
(ccc) Section 456.072(1)(jj), F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement.	From a minimum of a letter of concern to one (1) year probation and a $1,000 fine to a maximum of a reprimand, $2,500 fine and/or two (2) year suspension, three (3) hours Laws, Rules and Ethics and six (6) hours Documentation and Coding CE as conditions of reinstatement.	From a minimum of a reprimand, $3,000 fine and one (1) year suspension followed by one (1) year probation up to a maximum of $610,000 fine, three (3) year suspension followed by three (3) years’ probation, passage of the SPEC Exam, three (3) hours Laws, Rules and Ethics and six (6) hours Documentation and Coding CE as conditions of license reinstatement or permanent revocation.	From a minimum of a $5,000 fine and one (1) year suspension, to a maximum $10,000 fine and permanent revocation.
(ddd) through (fff) No change.
(ggg) Section 456.072(1)(oo), F.S., willfully failing to comply with s. 627.64194 or 641.513, F.S. as to indicate a business practice – regarding provision of emergency services and insurance billing.	From a minimum $1,000 fine and/or one (1) year of probation, up to a maximum $3,000 fine.	From a minimum $5,000 fine and/or six (6) month suspension followed by two (2) years of probation to a maximum $10,000 fine and or permanent revocation.	$10,000 fine and permanent revocation.
(hhh) through (iii) No change.
(jjj) Failure to comply with Section 456.51, F.S., regarding consent for Pelvic Exams.	Written reprimand to $500 fine.	Minimum of reprimand, $500 fine and 3 hours Laws and Rule Laws, Rules and Ethics s CE to a maximum of $1,000 fine, one (1) year suspension followed by two (2) years’ probation with records review and/or chaperone.	Minimum of Reprimand, $1,000 fine, 3 hours Laws, Rules and Ethics CE and passage of national Ethics and Boundaries Exam to a maximum of $10,000 fine and permanent revocation.

 

     (3) The Board may take into consideration the following factors in determining the appropriate disciplinary action to be imposed and in going outside of the disciplinary guidelines:

     (a) through (k) No change.

     (l) The actual negligence of the licensee pertaining to any violation.;

     (m) Any other mitigating or aggravating circumstances.

     (4) When the Board orders probation, that probation will automatically include monitoring by either the Department of Health Compliance Management Unit and/or a Board-approved Monitor.  If the type of monitor is not specified, monitoring shall be by the DOH/CMU.  Unless otherwise specified, if monitoring by a Board-approved Monitor is ordered, such monitoring shall be at random intervals as chosen by the Monitor, and shall be either with or without advance notice to the Respondent, at the discretion of the Monitor.  In addition to monitoring any or all of the following conditions may be imposed as terms of probation:

     (a) through (l) No changes.

     (m) Successful completion of the Special Purposes Examination (SPEC) examination of the National Board of Chiropractic Examiners.;

     (n) Other conditions as appropriate.

Rulemaking Authority 456.039(3), 456.072, 456.079, 460.405, 460.413 FS. Law Implemented 456.039(3), 456.072, 456.079, 460.413(4) FS. History–New 1-10-80, Formerly 21D-16.03, Amended 1-28-87, 1-28-90, 6-24-93, Formerly 21D-16.003, Amended 10-26-93, Formerly 61F2-16.003, Amended 7-18-95, Formerly 59N-16.003, Amended 11-4-98, 6-6-02, 5-23-04, 4-13-05, 9-15-05, 2-6-06, 5-11-10,                 .

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:  Christina Mcginnis, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [phone] or by electronic mail –  [e-mail]