The proposed rule amendment is intended to clarify and update disciplinary guidelines consistent with HB 241 and SB 1934.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.: RULE TITLE:

64B15-19.002: Violations and Penalties

PURPOSE AND EFFECT: The proposed rule amendment is intended to clarify and update disciplinary guidelines consistent with HB 241 and SB 1934.

SUMMARY: The proposed rule amendment will clarify and update disciplinary guidelines.

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: 456.079, 456.47(7), 459.015(5), 459.0138 FS.

LAW IMPLEMENTED: 381.986(3)(a), 456.072, 456.079, 456.47, 456.50, 459.015, 459.0138 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, or by email at [e-mail].

 

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 description 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 description. In addition to any guideline penalties provided herein, if the violation is for fraud or making a false or fraudulent representation, the Board shall impose a fine of $10,000.00 per count or offense. In no event shall a fine for any of the penalties set forth below exceed $10,000.00 per count.

Violation	Minimum	Maximum
(1)    through (93) No change.
(94) Failure to comply with parental consent requirements of s. 1014.06, F.S.  Section 456.072(1)(rr)
FIRST OFFENSE:	Letter of concern and a $1,000.00 fine.	Six (6) months probation and a $2,500.00 fine, or denial of licensure.
SECOND OFFENSE:	Reprimand and a $2,500.00 fine.	One (1) year probation and a $5,000.00 fine.
THIRD OFFENSE:	Six (6) month probation and a $5,000.00 fine.	Revocation and a $10,000.00 fine, or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Reprimand.	One (1) year suspension.
FOR TELEHEALTH REGISTRANTS SECOND OR SUBSEQUENT OFFENSE:	Six (6) month suspension with a corrective action plan.	Revocation, or denial of licensure.
(95) Being convicted or found guilty of, entering a plea, or committing or attempting, soliciting, or conspiring to commit an act that would constitute a violation of any of the offenses listed in s. 456.074(5), F.S. or similar offense in another jurisdiction. (Section 456.072(1)(ss), F.S.)
FIRST OFFENSE:	Revocation and $1,000.00 fine, or denial of licensure.	Revocation and $5,000.00 fine, or denial of licensure.
SECOND OFFENSE:	Revocation and $5,000.00 fine, or denial of licensure.	Revocation and $10,000.00 fine, or denial of licensure.
FOR TELEHEALTH REGISTRANTS FIRST OFFENSE:	Revocation, or denial of licensure.
FOR TELEHEALTH REGISTRANTS SECOND OFFENSE:	Revocation, or denial of licensure.

Rulemaking Authority 456.079, 456.47(7), 459.015(5), 459.0138 FS. Law Implemented 381.986(3)(a), 456.072, 456.079, 456.47, 456.50, 459.015, 459.0138 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, 11-14-06, 11-27-06, 5-10-10, 7-27-10, 11-10-11, 3-27-12, 7-3-12, 1-1-15, 11-27-16, 4-30-18, 8-9-18, 11-19-19, 2-12-20, 11-24-20, 4-18-21,                           .

 

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: August 13, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2021