The Board proposes the amendment to Rule 64B8-8.001 to address the violation and penalty for failing to submit the medical malpractice record as pursuant to Section 456.50(2), F.S. The Board also proposes the new Rule 64B8-8.019 to set forth the ...

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.001: Disciplinary Guidelines
64B8-8.019: Submission of Malpractice Record
PURPOSE AND EFFECT: The Board proposes the amendment to Rule 64B8-8.001 to address the violation and penalty for failing to submit the medical malpractice record as pursuant to Section 456.50(2), F.S. The Board also proposes the new Rule 64B8-8.019 to set forth the criteria for submission of the medical malpractice record.
SUBJECT AREA TO BE ADDRESSED: Setting forth a disciplinary guideline for failing to submit the medical malpractice record, and setting forth the criteria for submission of the medical malpractice record.
SPECIFIC AUTHORITY: 456.0375(4)(c), 456.50(2), 456.0575, 456.079, 458.309, 458.331(5) FS
LAW IMPLEMENTED: 456.0375(4)(c), 456.50(2), 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, Jr., 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
(a) through (w) No change.
(x)  1. – 2.  No change.
3.  Failure to comply with any provision of  Rule 64B8-8.019, F.A.C.	From a $1,000.00 fine, letter of concern, demonstration of compliance with the rule or denial to a $5,000.00 fine, a reprimand, completion of a laws and rules course, a term of probation, demonstration of compliance with the rule or denial.	From a $7,500.00 fine, a reprimand, a term of probation, completion of a laws and rules course, demonstration of compliance with the rule or denial to a $10,000.00 fine and revocation.
(y) through (tt)  No change.
(3) through (7) No change.

 

Specific Authority 456.0375(4)(c), 456.50(2), 456.0575, 456.079, 458.309, 458.331(5) FS. Law Implemented  456.0375(4)(c), 456.50(2), 456.0575, 456.072, 456.079, 458.331(5), FS.  History – New 12-5-79, Formerly 21M-20.01, Amended 111-87, 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, 1-4-06, 8-13-06, 8-29-06,                     .

 

 

64B8-8.019 Submission of Malpractice Record. 

(1)  All physicians licensed pursuant to Chapter 458, F.S., shall provide to the Board of Medicine a copy of the record of any finding of medical malpractice resulting from a civil or administrative proceeding, entered against the licensee in any jurisdiction on or after November 2, 2004, within 60 days of entry of the final judgment or order.  The record shall be sent to the Board of Medicine, 4052 Bald Cypress Way, Bin C03, Tallahassee, Florida 32399-3253.

(2)  The record shall include a certified copy of the official tran of the civil or administrative proceeding resulting in a finding of medical malpractice, all evidence admitted, those matters officially recognized by the civil or administrative tribunal, and the final order or judgment reported or issued by the tribunal.

(3)  The record shall be provided to the Board in a read only CD ROM disc in portable document format (.pdf) or tagged image file format (.tif).

Specific Authority 456.50(2), FS.  Law Implemented 456.50(2), FS.  History – New                             .