The Board proposes the development of this rule to revise the existing language of the rule.

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO: RULE TITLE
64B15-19.002: Violations and Penalties
PURPOSE AND EFFECT: The Board proposes the development of this rule to revise the existing language of the rule.
SUMMARY: The existing language of the rule is revised.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 456.079, 459.015(5) FS.
LAW IMPLEMENTED: 456.072, 456.079, 456.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela King, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-19.002 Violations and Penalties.

In imposing discipline upon applicants and licensees, 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 statutory language is intended to provide a deion of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited directly under each violation deion.

(1) through (25) No change.

 

(26) Repeated Malpractice as defined in Section 456.50, F.S.  (459.015(1)(x), F.S.)	MINIMUM	MAXIMUM
FIRST OFFENSE	Revocation or denial of license and fine of $1,000 denial or probation and $7,500 fine	Revocation or denial of license and fine of $10,000 denial or revocation and $10,000 fine
SECOND OFFENSE	denial or suspension to be followed by probation and $7,500 fine	denial or revocation and $10,000 fine
(27) Failure to practice medicine in accordance with appropriate level of care, skill and treatment recognized in general law related to the practice of medicine with level of care, skill, and treatment recognized by a reasonably prudent physician as acceptable under similar conditions and circumstances. (456.50(1)(g), F.S.), (459.015(1)(x), F.S.)
FIRST OFFENSE	Letter of Concern, up to one (1) year denial or probation and $1,000 $5,000 fine	Denial or revocation suspension to be followed by probation and $10,000 $7,500 fine
SECOND OFFENSE	Two (2) year denial or suspension to be followed by probation and $7,500 fine	No change

 

(28) through (58) No change.

Specific Authority 456.079, 459.015(5) FS. Law Implemented 456.072, 456.079, 456.50 FS. History–New 9-30-87, Amended 10-28-91, 1-12-93, Formerly 21R-19.002, 61F9-19.002, 59W-19.002, Amended 2-2-98, 2-11-01, 6-7-01, 2-26-02, 12-7-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 7, 2006