The proposed rule amendment is intended to set forth the disciplinary guidelines for violations regarding failure to comply with the educational requirements prior to ordering low-THC cannabis for patients.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.001Disciplinary Guidelines

PURPOSE AND EFFECT: The proposed rule amendment is intended to set forth the disciplinary guidelines for violations regarding failure to comply with the educational requirements prior to ordering low-THC cannabis for patients.

SUMMARY: Effective January 1, 2015, any physician who fails to comply with the educational requirements prior to prescribing low-THC cannabis to patients is subject to discipline by the Board. The proposed rule amendment sets forth the appropriate disciplinary guidelines for violations regarding physicians who fail to comply with the educational requirements prior to ordering low-THC cannabis for patients.

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, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. The rule will not have any impact on the licensees and their businesses or the businesses that employ them. The rule imposes no additional regulation or costs on licensees. Physicians are required by statute to successfully complete the required course prior to ordering low-THC cannabis for patients. The rule amendment simply sets forth the guidelines for physicians who fail to comply with the statutory mandate. The rule amendment will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, will not require any specialized knowledge to comply, and will not increase any direct or indirect regulatory costs. 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, 458.309, 458.331(5) FS.

LAW IMPLEMENTED: 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) 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: Allison M. Dudley, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE 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 descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

RECOMMENDED RANGE OF PENALTY

VIOLATION   (a) through (f) No change.

FIRST OFFENSE

SECOND OFFENSE

THIRD OFFENSE

(g) Failure to perform legal obligation. (Section 458.331(1)(g), F.S.) (Section 456.072(1)(k), F.S.)

(g) For any offense not specifically listed herein, based upon the severity of the offense and the potentialfor patient harm, from a letter of concern to revocation or denial, and an administrative fine from $1,000.00 to $10,000.00, unless otherwise provided by law.

(g) For any offense not specifically listed herein, based upon the severity of the offense and the potential for patient harm, from a reprimand to revocation or denial, and an administrative fine from $5,000.00 to $10,000.00, unless otherwise provided by law.

1. through 8. No change.

9. Failing to comply with the educational requirement prior to ordering low-THC cannabis. (Section 456.072(1)(k), F.S.)

9. A letter of concern, and an administrative fine of $1,000.00 to probation and an administrative fine of $5,000.00.

9. A reprimand, and an administrative fine of $5,000.00 to revocation and an administrative fine of $10,000.00.

(h) through (rrr) No change.

(3) through (7) No change.

THIS RULE SHALL TAKE EFFECT ON JANUARY 1, 2015.

Rulemaking Authority 456.079, 458.309, 458.331(5) FS. Law Implemented 456.50(2), 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, 1-4-06, 8-13-06, 8-29-06, 11-22-06, 1-30-07, 2-18-09, 12-22-09, 7-27-10, 6-21-11, 12-27-11, 4-22-12, 5-28-12, 1-1-15.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 1, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 22, 2014