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. 45 No. 248, December 24, 2019 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 public meeting held February 14, 2020.  The changes are as follows:

 

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

(1) 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 is are descriptive only; the full language of each statutory provision cited must be considered in order to determine the conduct included. For all persons subject to this rule, conditions of probation may be required following any period of suspension of license and probation will require compliance with conditions as set forth in subsection (3). For applicants, all offenses listed herein are sufficient for refusal to certify an application for licensure. 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 any other discipline imposed, the Board shall assess the actual costs related to the investigation and prosecution of a case. 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.

(a) Section 460.411, F.S., failure to provide itemized patient billing: For a first offense, from a minimum of an $500 fine, up to a maximum of suspension of license for three (3) months, followed by six (6) months of probation.  For a second offense, from a minimum of a $1,000 fine and six (6) months probation up to a maximum of a $1,000 fine, six (6) months suspension followed by one (1) year probation.  For a third offense, from a minimum of a $2,000 fine, one (1) year suspension and two (2) years probation up to a maximum of a $2,000 fine and/or permanent revocation;

(b) Section 460.411(1)(a), F.S.: license fraudulenty obtained – $10,000 fine and permanent revocation or denial of license (minimum and maximum same); practice without active license other – from a minimum of an administrative fine of $200 for each month of practice without an active license, up to a maximum of permanent revocation of license;

(c) Sections 460.411(1)(b), F.S. (use/attempted use of suspended/revoked license), 460.411(2)(a), F.S. (selling/fraudulenty obtaining diploma, license, record, registration), 460.411(2)(b), F.S. (willfully false oath or affirmation): permanent revocation or denial of license (minimum and maximum same), if fraud involved, addition of a $10,000.00 fine;

(d) Section 460.411(2)(c), F.S. (use of protected title without licensure): denial of license;

(e) Section 460.411(2)(d), F.S. (knowing concealment of information on violation): For a first offense, from a minimum of six (6) months probation, up to a maximum of one (1) year suspension followed by two (2) years probation.  For a second offense, from a minimum of a $1,000 fine and one (1) year suspension followed by two (2) years probation up to a maximum of a $2,000 fine, two (2) years suspension followed by three (3) years probation.  For a third offense, from a minmum of a $2,000 fine, two (2) years suspension followed by three (3) years probation up to a maximum of permanent revocation; 

(f) Section 460.412 or 456.072(1)(v), F.S. (sexual misconduct):  For a first offense and any subsequent offense, from a minimum of a PRN referral for evaluation up to a maximum $10,000 fine and/or permanent revocation. 

(g) Section 460.413(1)(a) or 456.072(1)(h), F.S.:

Obtain license by bribery – For a first offense, from a minimum $500 fine and/or up to two (2) years probation to a maximum of permanent revocation.  For a second offense or subsequent of, from a minimum $5,000 fine to permanent revocation. For a third offense, permanent revocation;

Obtain license by fraudulent misrepresentations – For a first offense, from six (6) months probation and a $10,000 fine to a maximum of permanent revocation and a $10,000 fine. For a second offense or subsequent offense, a $10,000 fine and permanent revocation.  For a third offense, permanent revocation;

Obtain license by Department or Board error – For a first offense, from a minimum letter of concern and/or a $500 fine, up to a maximum of one (1) year suspension, followed by two (2) years probation, and a $5,000 fine. For a second offense, from a minimum $5,000 fine to permanent revocation of license. For a third offense, permanent revocation of license;

(h) through  (u) No change.

(v) Section 460.413(1)(p), F.S.: dispensing drugs/performing surgery – For a first offense, from a minimum $5,000 fine and/or one (1) year probation, up to a maximum $10,000 fine and/or permanent revocation. For a second offense, from a minimum $7,500 fine, one (1) year suspension and two (2) years’ probation suspension up to a maximum $10,000 fine and permanent revocation.   For a third offense, a $10,000 fine and/or permanent revocation;

(w) through (aa) No change.  

(bb) Section 460.413(1)(v) or 456.072(1)(b) or (q), F.S.: violating any lawfully issued order or subpoena – For a first offense, from a minimum $1,000 fine and a letter of concern, up to a maximum $10,000 fine and/or permanent revocation. For a second offense, from a minimum $5,000 fine and/or two (2) years of probation up to a maximum $10,000 fine and/or permanent revocation of license.  For a third offense, from a minimum $7,500 fine and/or six (6) months suspension followed by probation up to a maximum $10,000 fine and/or permanent revocation;

(cc) through (kk) No change. 

(ll) Section 460.413(1)(ff), 456.072(1)(b), or 456.072(1)(dd), F.S.: violating this Chapter 460, Chapter 456, F.S., or any Board rules – For a first offense, from a minimum $1,000 fine and/or a letter of concern up to a maximum $10,000 fine and/or permanent revocation. For a second offense, from a minimum $5,000 fine and/or two (2) years probation up to a maximum $10,000  fine and/or permanent revocation of license. For a third offense, from a minimum $7,500 fine and/or six (6) months of suspension followed by probation up to a maximum $10,000 fine and/or permanent revocation;

(mm) through (ww)  No change.

(yy) renumbered (xx)  No change.

(yy) (zz)  Section 456.072(1)(kk), F.S., for being terminated from the state Medicaid program pursuant to Section 409.913, F.S., any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored – For a first offense, from a minimum of letter of concern and $1,000 fine to maximum of reprimand to permanent revocation and $5,000 fine. For a second offense, from a minimum of reprimand, $5,000 fine and suspension followed by probation to a maximum $10,000 fine and/or permanent revocation. For a third, from a minimum $5,000 fine, suspension to maximum $10,000 fine and/or permanent revocation.  

For any termination based upon fraud, the minimum penalty shall include a $10,000 fine.

(zz) (aaa) Section 456.072(1)(ll), F.S., for being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud – $10,000 fine and permanent revocation or denial of license (minimum and maximum same).

(bbb)  through (ccc)  renumbered (aaa) through (bbb)  No change. 

(2) through (3) No change.  

(4)  No later than 90 days prior to December 31, 2024, the Board shall review and amend, modify, or sunset this rule if it determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

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:  Anthony Spivey, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [phone].