The proposed rule amendments are intended to clarify the disciplinary violation set forth in subsection (8) in 64B15-19.002 and set forth citation penalties in 64B15-19.007 for failure to comply with the provisions of Section 456.44(7)(c), F.S.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NOS.:RULE TITLES:

64B15-19.002Violations and Penalties

64B15-19.007Citations

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the disciplinary violation set forth in subsection (8) in 64B15-19.002 and set forth citation penalties in 64B15-19.007 for failure to comply with the provisions of Section 456.44(7)(c), F.S.

SUMMARY: The proposed rule amendments clarify the disciplinary violation set forth in subsection (8) in 64B15-19.002 and set forth citation penalties in 64B15-19.007 for failure to comply with the provisions of Section 456.44(7)(c), F.S.

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, 459.015(5), 459.0138 FS.

LAW IMPLEMENTED: 381.986(3)(a), 456.072, 456.077, 456.079, 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.

 

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.

(1) through (7) No change.
(8) Failing to comply with the requirements for qualified physicians or medical directors required by Section 381.986(3), F.S. educational requirement prior to ordering low-THC cannabis. (Section 456.072(1)(k), F.S.)
FIRST OFFENSE:	A letter of concern, and a fine of $1,000.00.	Probation and a fine of $5,000.00.
SECOND OFFENSE:	A reprimand and a fine of $5,000.00.	Revocation and a fine of $10,000.00.

Rulemaking Authority 456.079, 459.015(5), 459.0138 FS. Law Implemented 381.986(3)(a), 456.072, 456.079, 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,                 .

 

64B15-19.007 Citations.

(1) through (2) No change.

(3) The following violations with accompanying fines may be disposed of by citation.

(a) through (w) No change.

(x) Failure to comply with the provisions of Section 456.44(7)(c), F.S., to inform the patient of nonopioid alternatives for the treatment of pain, to discuss the advantages and disadvantages of the use of nonopioid alternatives, to provide the Department’s educational pamphlet, or to document the nonopioid alternatives in the patient’s record.  The fine shall be $50.00 for a first-time violation, $75.00 for a second-time violation, and $100.00 for a third-time violation.

(4) through (5) No change.

Rulemaking Authority 456.077 FS. Law Implemented 456.077 FS. History–New 10-28-91, Amended 8-24-92, 11-17-92, Formerly 21R-19.007, 61F9-19.007, 59W-19.007, Amended 11-27-97, 11-12-00, 1-29-03, 7-13-03, 5-12-05, 4-15-10, 10-8-12, 8-13-15, 11-27-16, 8-9-18, 11-15-18,          .

 

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: November 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 3, 2019