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

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.001Disciplinary Guidelines

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), 458.309, 458.331(5) FS.

LAW IMPLEMENTED: 381.986(3)(a), 456.47, 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: Paul Vazquez, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253, [e-mail]

 

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. In addition to the 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 per count. In no event for the penalties set forth below shall the fine exceed $10,000.00 per count.

RECOMMENDED RANGE OF PENALTY
				FOR TELEHEALTH REGISTRANTS
VIOLATION (a) through (bbbb)  No change.	FIRST OFFENSE	SECOND OFFENSE	THIRD OFFENSE	FIRST OFFENSE	SECOND OR SUBSEQUENT OFFENSE
(cccc) Failing to comply with parental consent requirements of s. 1014.06, F.S.  Section 456.072(1)(rr), F.S.	(cccc) From a letter of concern to six (6) months’ probation and an administrative fine of $1,000.00 to  $2,500.00.	(cccc) From a reprimand   to one (1) year probation and an administrative fine of $2,500.00 to $5,000.00.	(cccc) From six (6) months’ probation   to revocation and an administrative fine of $5,000.00 to $10,000.00, or denial of licensure.	(cccc) From a reprimand to one (1) year suspension.	(cccc) From six (6) month suspension with a corrective action plan to revocation, or denial of registration.
(dddd) 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.)	(dddd)  Revocation and administrative fine of $1,000.00 to $5,000.00, or denial of licensure.	(dddd) Revocation and administrative fine of $5,000.00 to $10,000.00, or denial of licensure.		(dddd) Revocation, or denial of registration.	(dddd) Revocation, or denial of registration.

(3)  through (8) No change.  

Rulemaking Authority 456.079, 456.47(7), 458.309, 458.331(5) FS. Law Implemented 381.986(3)(a), 456.47, 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, 11-9-16, 4-30-18, 8-15-18, 8-28-18, 12-12-19, 3-2-20, 11-16-20, 4-18-21,               .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2021

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