The proposed rule amendments are intended to set forth citation violations and disciplinary guidelines for the failure of physician assistants to consult the prescription drug monitoring system. Additionally, the Rule 64B15-6.011 is being amended ...

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NOS.:RULE TITLES:

64B15-6.01051Citation Authority

64B15-6.011Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth citation violations and disciplinary guidelines for the failure of physician assistants to consult the prescription drug monitoring system. Additionally, the Rule 64B15-6.011 is being amended to change penalties for prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients.

SUMMARY: The proposed rule amendments to 64B15-6.01051 set forth a first, second and third-time penalty for physician assistants who fail to consult the prescription drug monitoring system. The amendments to Rule 64B15-6.011 set forth revised penalties for prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients; and set forth a penalty for failure to consult the prescription drug monitoring system.

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: 456.077, 456.079, 459.005, 459.015(5), 459.022(7)(f), (12) FS.

LAW IMPLEMENTED: 456.072, 456.077, 459.015, 459.022(4)(e)1.,(7)(d), (f), (12) 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: Kama Monroe, J.D., 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:

 

64B15-6.01051 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) Pursuant to Section 456.077, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the penalty to be imposed. In addition to any administrative fine imposed, the Respondent may be required by the Department to pay the costs of investigation.

(2) If the violation constituted a substantial threat to the public health, safety, and welfare, such potential for harm must have been removed prior to issuance of the citation.

(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

VIOLATIONS	PENALTY
(a) through (j) No change.
(k) Failure to consult the Prescription Drug Monitoring System as required by Section 893.055(8), F.S. (Section 459.015(1)(g), F.S.)	First-time Citation – $100 fine. Second-time Citation – $150 fine. Third-time Citation -- $200 fine.

(4) – (5) No change.

Rulemaking Authority 456.077, 459.005, 459.022(7)(f), (12) FS. Law Implemented 456.077, 459.015, 459.022(7)(d), (f), (12) FS. History–New 3-10-02, Amended 1-12-04, 5-4-04, 12-12-05, 8-2-06, 8-18-09, 5-17-17,                    .

 

64B15-6.011 Disciplinary Guidelines.

(1) Purpose. Pursuant to Section 456.072, F.S., the Boards provide within this rule disciplinary guidelines which shall be imposed upon physician assistant applicants or licensees whom it regulates under Chapters 458 and 459, F.S. The purpose of this rule is to notify such applicants and licensees of the ranges of penalties which will routinely be imposed unless the Boards find it necessary to deviate from the guidelines for the stated reasons given within this rule. The ranges of penalties provided below are based upon a single count violation of each provision listed; for multiple counts of the violated provisions or a combination of the violations the Boards shall consider a higher penalty than that for a single, isolated violation. Each range includes the lowest and highest penalty and all penalties falling between, including continuing medical education (CME). The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations.

(2) Violations and Range of Penalties. In imposing discipline upon physician assistant 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.

VIOLATIONS	RECOMMENDED PENALTIES
	First Offense	Subsequent Offenses
(a) through (ll) No change.
(mm) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients. (Section 456.072(1)(gg), F.S.)	(mm) From one year reprimand to probation to revocation, and an administrative fine ranging from $1,000.00 to $10,000.00 $5,000.00, or denial of licensure.	(mm) From suspension to be followed by probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00 to $10,000.00, or denial of licensure.
(nn) through (ss) No change.
(tt) Failure to consult the prescription drug monitoring system, as required by Section 895.055(8), F.S. (Section 459.015(1)(g), F.S.)	(tt) From a letter of concern to a reprimand and an administrative fine of $1,000.00 to $2,500.00.	(tt) From a reprimand to revocation and an administrative fine of $2,500.00 to $10,000.00

(3) through (4) No change.

Rulemaking Authority 456.079, 459.015(5) FS. Law Implemented 456.072, 456.079, 459.015(5), 459.022(4)(e)1., (7)(f) FS. History–New 4-18-89, Formerly 21R-6.011, Amended 11-4-93, Formerly 61F9-6.011, 59W-6.011, Amended 6-7-98, 4-9-01, 7-13-03, 5-16-10, 3-26-12, 5-17-17,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 24, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2018