The Board proposes the rule amendment to update disciplinary guidelines. Necessary changes will be made based on the enactment of Chapter 2018-13, Laws of Florida (HB 21).

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-13.005Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule amendment to update disciplinary guidelines. Necessary changes will be made based on the enactment of Chapter 2018-13, Laws of Florida (HB 21).

SUMMARY: Disciplinary guidelines will be updated and based on the enactment of Chapter 2018-13, Laws of Florida (HB 21), necessary changes will be made to the rule.

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, based upon the expertise and experience of its members, 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(1) FS.

LAW IMPLEMENTED: 456.072(2), 456.079(1), 466.028 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: Jennifer Wenhold, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B5-13.005 Disciplinary Guidelines.

(1) When the Board finds an applicant, licensee, or certificate holder whom it regulates under Chapter 466, F.S., has committed any of the acts set forth in Section 456.072(1) or 466.028, F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated:

VIOLATION		PENALTY RANGE
	MINIMUM		MAXIMUM
(a) No change.
(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (Sections 466.028(1)(b), 456.072(1)(f), F.S.)
First Offense	$1,000 fine.		Suspension/denial until the license is unencumbered and active in the jurisdiction in which the disciplinary action was originally taken, or up to five years followed by probation and $10,000 fine or revocation.
Second Offense	Imposition of discipline which would have been imposed if the substantive violation occurred in Florida. Probation and $1,000 fine.		Suspension Revocation until the license is unencumbered in the jurisdiction in which disciplinary action was taken and $10,000 fine.
Third Offense	One year suspension followed by probation and $5,000 fine.		Revocation and permanent denial and $10,000 fine.
(c) through (k) No change.
(l) through (o) No change.
(p) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug or controlled substance, other than in the course of the professional practice of the dentist. (Section 466.028(1)(p), F.S.)
First Offense	$500 fine.		Probation with conditions, $10,000 fine and up to suspension
Second Offense	Probation with conditions and $2,500 fine.		Suspension and $10,000 fine.
Third Offense	Suspension followed by probation and $5,000 fine.		Revocation and $10,000 fine.

 

(q) through (cc) No change.
(dd) Presigning blank prescription or laboratory work order forms. (Section 466.028(1)(dd), F.S.)
First Offense	$500 fine.	Probation with conditions and $500 fine.
Second Offense	$1,000 fine.	Probation with conditions and $7,500 fine.
Third Offense	Probation with conditions and $2,500 fine.	Suspension and $10,000 fine.
(ee) through (aaa) No change.
(bbb) Engaging in a pattern of practice of prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients or a violation of ss 893.055 and 893.0551 or law and rules relating to prescibing practitioners. (Section 456.072(1)(gg), F.S.)

 

First Offense	$1,500 fine.	Probation with conditions and $8,000 fine.
Second Offense	Probation with conditions and $3,000 fine.	Suspension and $10,000 fine.
Third Offense	$5,000 fine.	Revocation and $10,000 fine.
(ccc) No change.
(ddd) Being convicted of, or entering a plea of nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to the Medicaid program. (Section 456.072(1)(ii), F.S.)
First Offense	Misdemeanor – Reprimand, $10,000 fine, suspension. Felony – Revocation.	Misdemeanor – $10,000 fine, revocation. Felony – Revocation.
Second Offense	Misdemeanor or Felony-- Revocation and $10,000 fine	Misdemeanor or Felony-- Revocation and $10,000 fine
(eee) through (fff) No change.
(ggg) Being convicted of, or entering a plea of guilty or nolo contendere, to any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud. (Section 456.072(1)(ll), F.S.)

 

First Offense	Misdemeanor – $10,000 fine, reprimand. Felony – Revocation $10,000 fine.			Misdemeanor – $10,000 fine, suspension. Felony – Revocation $10,000 fine.
Second Offense	Misdemeanor or Felony- $10,000 fine, revocation.			Misdemeanor or Felony- $10,000 fine, revocation.
(iii) through (jjj) No change.

(2) No change.

(3) Penalties imposed by the Board pursuant to subsections (1) and (2), above, may be imposed in combination or individually, and are as follows:

(a) No change.

(b) Imposition of an administrative fine not to exceed $10,000.00 for each count or separate offense; for any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per each count or offense, pursuant to Section 456.072(2)(d), F.S.  Unless stated otherwise in the disciplinary order, any imposed adminstrative fines are due within 90 days of the effective date of a final order imposing fines;

(c) through (g) No change.

(h) Costs. The licensee is responsible for payment of all costs of investigation and prosecution related to a disciplinary case. Additionally, all costs related to compliance with an order taking disciplinary action are the obligation of the licensee. Unless stated otherwise in the disciplinary order, any imposed costs are due within 90 days of the effective date of a final order imposing costs.

(4) through (5) No change.

Rulemaking Authority 456.079(1) FS. Law Implemented 456.072(2), 456.079(1), 466.028 FS. History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10, 1-24-12, 4-25-17,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry

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

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

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2018