The proposed rule amendments are intended to address additional violations which are appropriate for mediation and violations which are appropriate for the issuance of citations.

 

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO.: RULE TITLE:
64B15-19.007: Citations
64B15-19.008: Mediation

PURPOSE AND EFFECT: The proposed rule amendments are intended to address additional violations which are appropriate for mediation and violations which are appropriate for the issuance of citations.

SUMMARY: The proposed rule amendments address additional violations which are appropriate for mediation and violations which are appropriate for the issuance of citations.

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, based upon the expertise and experience of its members, 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: 456.073, 456.077, 456.078 FS.
LAW IMPLEMENTED: 456.073, 456.077, 456.078 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Anthony Jusevitch, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

64B15-19.007 Citations.

(1) through (2) No change.

(3) The following violations with accompanying fines may be disposed of by citation.

(a) No change.

(b) Failure to keep current mailing or practice address on file with the Board. The fine shall be $250.

(c) No change.

(d) Failure First time failure of the licensee to satisfy continuing education hours. The fine shall be $75 $150 for each hour not completed or completed late. In addition, the licensee shall make up all hours not completed, and such hours shall not be counted toward the current renewal cycle shall be required to take 1 additional hour of continuing education for each hour not completed or completed late.

(e) through (h) No change.

(i) Failure to timely provide medical records, upon request to a of only one patient or a patient’s legal representative. The fine shall be $500.

(j) Charging Excessively charging copying fees for patient records in violation of as specified in Rule 64B15-15.003, F.A.C. The fine shall be $750.

(k) through (o) No change.

(p) Failure to pay fine or costs imposed by Board Order within 30 days of the due date of the fine or costs. The fine shall be $1,000.

(q) Negligently failing to file a report or record required by state or federal law. The fine shall be $500.

(4) No change.

(5) Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected.

(5)(6) No change.

(7) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 456.073, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply.

 

Rulemaking Authority 456.073, 456.077 FS. Law Implemented 456.073, 456.077 FS. History–New 10-28-91, Amended 8-24-92, 11-17-92, Formerly 21R-19.007, 61F9-19.007, 59W-19.007, Amended 11-27-97, 11-12-00, 1-29-03, 7-13-03, 5-12-05, 4-15-10,________.

 

64B15-19.008 Mediation.

(1) The provisions set forth in subsection (2) below shall qualify for mediation only when the violation can be remedied by the licensee and there is no intentional misconduct. “Mediation” means a process whereby a mediator appointed by the Department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and non-adversarial process with the objective of assisting the parties to reach a mutually acceptable agreement.

(2) The Board board finds that the following offenses may be mediated if the offense meets the criteria of Section 456.078, F.S.:

(a) False, deceptive or misleading Section 459.015(1)(d), F.S., false advertising not involving intentional misconduct;.

(b) Failure to comply with the requirements of Sections 381.026 and 381.0261, F.S., to provide patients with information about their patient rights and how to file a patient complaint; Section 459.015(1)(g), F.S., failure to perform a statutory or legal obligation, with regard to violation of medical director clinic responsibilities.

(c) Failure Section 459.015(1)(pp), F.S., violating any provision of this chapter or Chapter 456, F.S., or any rules adopted pursuant thereto, with regard to failure to provide, upon request, release patient records to a patient or a patient’s legal representative;.

(d) Negligently failing to file a report or record required by state or federal law; Section 459.015(1)(r), F.S., improper advertising of pharmacy; promoting or advertising on any prescription form of a community pharmacy unless the form shall also state “This prescription may be filled at any pharmacy of your choice.”

(e) Falsely certifying compliance with required continuing medical education hours for the purpose of renewing a license or certification; Section 459.015(1)(x), F.S., failure to practice medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent similar physician as being acceptable under similar conditions and circumstances, provided that it does not result in patient harm or the performance of any surgical procedure.

(f) Failure Section 459.015(1)(g), F.S., failure to perform any statutory or legal obligation placed upon a licensed osteopathic physician; through a violation of Section 456.072(1)(w), F.S., by failing to verify profile information or failure to comply with the requirements for profiling and credentialing;.

(g) Failure to notify the Department of change of practice or mailing address;

(h) Charging copying fees for patient records in violation of Rule 64B15-15.003, F.A.C.; and

(i) Failure to pay the fines or costs imposed by Board order.

(3) If a licensee is no longer eligible for mediation or if mediation fails, the above-referenced violations shall be eligible for the issuance of a citation pursuant to Rule 64B15-19.007, F.A.C.

 

Rulemaking Specific Authority 456.078 FS. Law Implemented 456.078 FS. History–New 11-30-94, Formerly 59W-19.008, Amended 5-3-05, 7-29-08,_________.

 

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 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 6, 2012