The proposed rule amendments are intended to add penalties for various disciplinary guidelines; to set forth a violation which is appropriate for issuance of a notice of noncompliance; and to set forth violations which are appropriate for the ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-8.001Disciplinary Guidelines

64B8-8.011Notice of Noncompliance

64B8-8.017Citation Authority

PURPOSE AND EFFECT: The proposed rule amendments are intended to add penalties for various disciplinary guidelines; to set forth a violation which is appropriate for issuance of a notice of noncompliance; and to set forth violations which are appropriate for the issuance of a citation.

SUMMARY: The proposed rule amendments add penalties for various disciplinary guidelines; set forth a violation which is appropriate for the issuance of a notice of noncompliance; and set forth violations which are 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 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: 456.0575, 456.073(3), 456.077, 456.079, 458.309, 458.331(5) FS.

LAW IMPLEMENTED: 381.986(4)(d), 456.50(2), 456.0575, 456.072, 456.073(3), 456.077 456.079, 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: Claudia Kemp, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.

 

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.

RECOMMENDED RANGE OF PENALTY

VIOLATION	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE
(a) through (ttt) No change.
(uuu) Failing to consult the prescription drug monitoring system, as required by Section 893.055(8), F.S. (Section 458.331(1)(g), F.S.)	(uuu) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.	(uuu) From a reprimand to suspension and an administrative fine from $2,500.00 to $5,000.00.	(uuu) From suspension to revocation and an administrative fine of $5,000.00 to $10,000.00.
(vvv) Failing to report adverse incidents occurring in planned out-of-hospital births as required by Section 456.0495, F.S. (Section 458.331(1)(g), F.S.)	(vvv) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.	(vvv) From a reprimand to suspension and an administrative fine of $2,500.00 to $5,000.00.	(vvv) From suspension to revocation and an administrative fine of $5,000.00 to $10,000.00.

(3) through (8) No change.

Rulemaking Authority 456.079, 458.309, 458.331(5) FS. Law Implemented 381.986(4)(d), 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,                                   .

 

64B8-8.011 Notice of Noncompliance.

(1) through (2) No change.

(3) The following violations are those for which the board authorizes the Department to issue a notice of noncompliance.

(a) through (e) No change.

(f) Failing to submit documentation to the Department within 14 days of issuing a certification as required under section 381.986(4)(b), F.S.

Rulemaking Authority 456.073(3), 458.309 FS. Law Implemented 456.073(3), 456.0575 FS. History–New 11-15-90, Formerly 21M-20.011, 61F6-20.011, 59R-8.011, Amended 1-27-00, 1-8-02, 1-12-03, 6-7-04, 8-26-09,                   .

 

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) through (t) No change.
(u) Failure to submit documentation to the Department within 14       days of issuing a certification as required under section 381.986(4)(b), F.S., (458.331(1)(uu), F.S.)	First time Citation - $100 fine and submission of delinquent documentation within 14 days. Second time Citation - $250 and submission of delinquent documentation within 14 days.
(v) Failure to consult the Prescription Drug Monitoring system as required by Section 893.055(8), F.S. (458.331)(g), F.S.)	First time Citation – $100 fine. Second  time Citation --  $150 fine. Third time Citation -- $200 fine.
(w)  Failure to report adverse incidents occurring in planned out-of hospital births as required by Section 456.0495, F.S. (458.331(1)(g), F.S.)	$1,000.00 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, 7-9-12, 7-6-15, 11-9-16,              .

 

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: June 8, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 21, 2018