64B33-5.005. Mediation

(1) “Mediation” means a process whereby a mediator appointed by the Department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and non-adversarial process with the objective of assisting the parties to reach a mutually acceptable agreement.

(2) For the purpose of Section 456.078, F.S., the Board designates as being appropriate for mediation first time violations of the following provision of Section 468.719(1), F.S.: except as provided in Section 465.016, F.S., failing to report to the department any person who the licensee knows is in violation of this chapter, the chapter regulating the alleged violator, or the rules of the department or the board.

(3) Such violations are appropriate for mediation only if:

(a) The economic harm caused by an act or omission is not due to intentional misconduct;

(b) There is no allegation of physical harm or injury to a patient related to such violation; and

(c) The violation does not result in an adverse incident as defined in Section 456.078(2), F.S.

Rulemaking Authority 456.078 FS. Law Implemented 456.072(1)(i), 456.078 FS. History–New 8-15-05, Amended 10-4-16.