The proposed rule amendment is intended to clarify and update disciplinary guidelines.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.001Disciplinary Guidelines

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

SUMMARY: The proposed rule amendment will clarify and update disciplinary 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), 458.309, 458.331(5) FS.

LAW IMPLEMENTED: 381.986(3)(a), 456.47, 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) 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: Paul Vazquez, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-8.001 Disciplinary Guidelines.

(1) No change.  

(2) Violations and Range of Penalties. In imposing discipline upon 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 per count. In no event for the penalties set forth below shall the fine exceed $10,000.00 per count.

RECOMMENDED RANGE OF PENALTY
				FOR TELEHEALTH REGISTRANTS
VIOLATION (a) through (rrr) No change.	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE	FIRST OFFENSE	SECOND OR SUBSEQUENT OFFENSE
(sss) Willfully failing to comply with Section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice. (Section 458.331(1)(tt), F.S.; Section 456.072(1)(oo), F.S.)	No change.	No change.		No change.	No change.
(ttt) through (www)  No change.
(xxx)  Intentionally implanting a patient or causing a patient to be implanted with a human embryo without the recipient’s consent to the use of that human embryo, or inseminating a patient or causing a patient to be inseminated with the human reproductive material, as defined in Section 784.086, F.S., of a donor without the  recipient’s consent to the use of human reproductive material from that donor. (Section 456.072(1)(qq)(pp), F.S.	No change.	No change.		No change.	No change.  .
(yyy) through (dddd)  No change.
(eeee)  Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee.  (Section 456.072(1)(g), F.S.)	(eeee)  From a thirty (30) day suspension, to be followed by a period of probation to revocation or denial and payment of a $1,000.00 to $5,000.00 fine.	(eeee)  From a ninety (90) day suspension, to be followed by a period of probation, to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00		(eeee)  From a thirty (30) day suspension with a corrective action plan to revocation or denial.	(eeee)  From a ninety (90) day suspension with a corrective action plan to revocation or denial.
(ffff)  Failing to identify through written notice, which may include the wearing of a name tag, or orally to a patient the type of license under which the practitioner is practicing.  (Section 456.072(1)(t), F.S.)	(ffff)  From a letter of concern to one (1)(year suspension to be followed by a period of probation, and an administrative fine from $1,000.00 to $5,000.00	(ffff) From reprimand to one (1) year suspension to be followed by a period of probation, and an administrative fine from $5,000.00 to $10,000.00.		(ffff)  From reprimand to one (1) year suspension with a corrective action plan.	(ffff)  From suspension with a corrective action plan to revocation.
(gggg) Testing positive for any drug, as defined in s. 112.0455, on any confirmed preemployment or employer-ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using the drug.  (Section 456.072(1)(aa), F.S.)	(gggg) From probation to indefinite suspension until license is able to demonstrate ability to practice with reasonable skill and safety followed by probation, or denial and an administrative fine from $1,000.00 to $5,000.00.	(gggg)  From indefinite suspension, followed by probation, to suspension for a minimum of five (5) years or until licensee is able to demonstrate ability to practice with reasonable skill and safety followed by probation, and an administrative fine from $5,000 to $10,000.00		(gggg) From indefinite suspension with corrective action plan and until licensee is able to demonstrate ability to practice with reasonable skill and safety to suspension for a minimum of one (1) year and until licensee is able to demonstrate ability to practice with reasonable skill and safety or denial.	(gggg) From indefinite suspension with a corrective action plan, to suspension for a minimum of five (5) years and until licensee is able to demonstrate ability to practice with reasonable skill and safety.
(hhhh) With respect to making a personal injury protection claim as required by s. 627.736, intentionally submitting a claim, statement, or bill that has been “upcoded” as defined in s. 627.732, Section 456.072(1)(ee), F.S.)	(hhhh) From one (1) year probation to revocation or denial and a $10,000.00 fine.	(hhhh) From suspension, to be followed by a period of probation, to revocation and a $10,000.00 fine.		(hhhh) From a reprimand to revocation or denial.	(hhhh) From suspension to revocation.
(iiii) With respect to making personal injury protection claim as  requied by s. 627.736, intentionally submitting a claim, statement, or bill for payment of services that were not rendered.  (Section 456.072(1)(ff), F.S.)	(iiii)  From one (1) year probation to revocation or denial and a $10,000.00 fine.	(iiii) From suspension, to be followed by a period of probation, to revocation and a $10,000.00 fine.		(iiii) From a reprimand to revocation or denial.	(iiii) From suspension revocation.
(jjjj) Violating s. 790.338(5), (Section 456.072(1)(nn), F.S.)	(jjjj)  From a letter of concern to probation and an administrative fine from $1,000.00 to $5,000.00.	(jjjj)  From probation to suspension and an administrative fine from $5,000.00 to $10,000.00.		(jjjj) From a letter of concern to suspension with a corrective action plan or denial.	(jjjj)  From a suspension with a corrective action plan to revocation.

(3)  through (8) No change.

Rulemaking Authority 456.079, 456.47(7), 458.309, 458.331(5) FS. Law Implemented 381.986(3)(a), 456.47, 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) FS. History–New 12-5-79, Formerly 21M-20.01, Amended 1-11-87, 6-20-90, Formerly 21M-20.001, Amended 11-4-93, Formerly 61F6-20.001, Amended 6-24-96, 12-22-96, Formerly 59R-8.001, Amended 5-14-98, 12-28-99, 1-31-01, 7-10-01, 6-4-02, 9-10-02, 12-11-02, 8-20-03, 6-7-04, 8-17-04, 1-4-06, 8-13-06, 8-29-06, 11-22-06, 1-30-07, 2-18-09, 12-22-09, 7-27-10, 6-21-11, 12-27-11, 4-22-12, 5-28-12, 1-1-15, 11-9-16, 4-30-18, 8-15-18, 8-28-18, 12-12-19, 3-2-20, 11-16-20, 4-18-21, 11-21-21,                           .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 3, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2022