The Board proposes the development of rule amendments to address the disciplinary guidelines with regard to the wrong site, wrong patient, or wrong procedure.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the development of rule amendments to address the disciplinary guidelines with regard to the wrong site, wrong patient, or wrong procedure.
SUBJECT AREA TO BE ADDRESSED: Disciplinary guidelines.
SPECIFIC AUTHORITY: 456.0375(4)(c), 456.0575, 456.079, 458.309, 458.331(5) FS.
LAW IMPLEMENTED: 456.0375(4)(c), 456.0575, 456.072, 456.079, 458.331(5) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Larry McPherson, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 deive 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 (pp) No change.
(qq) Performing or attempting to perform health care services on the wrong patient, a wrong site procedure, a wrong procedure, or an unauthorized procedure or a procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition. (456.072(1)(aa), F.S.)	(qq) From a $1,000.00 $10,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, a minimum of fifty (50) hours of community service and a one (1) hour lecture on wrong-site surgery in the State of Florida to a $10,000.00 fine, a letter of concern, a minimum of (5) hours of risk management education, a minimum of fifty (50) hours of community service, undergo a risk management assessment, a one (1) hour lecture on wrong-site surgery, and suspension to be followed by a term of probation revocation.	(qq) From a $10,000.00 fine, a reprimand, a minimum of fifty (50) hours of community service, undergo a risk management assessment, and probation or denial to a $10,000.00 fine and revocation.	(qq) From a $10,000.00 fine, a reprimand, a minimum of one hundred (100) hours of community service, undergo a competency evaluation, and suspension to be followed by a term of probation to a $10,000.00 fine and revocation.
(rr) through (tt) No change.
(3) through (7) No change.

Specific Authority  456.0375(4)(c), 456.0575, 456.079, 458.309, 458.331(5) FS.  Law Implemented  456.0375(4)(c), 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, 1-04-06, 8-13-06,                     .