RULE NO.: RULE TITLE:
64B15-19.002: Violations and Penalties
PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth additional violations and the disciplinary guidelines for those violations.
SUMMARY: The proposed rule amendments set forth various violations and the range of disciplinary guidelines for the violations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: During discussion 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 Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule. These rule amendments will not require ratification by the Legislature.
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, 459.015(5) FS.
LAW IMPLEMENTED: 456.072, 456.079, 456.50 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Jusevitch, 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 (56) No change.

(57) Being terminated for cause, from a treatment program for impaired practitioners, as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol-treatment program. (456.072(1)(hh) F.S.)

FIRST OFFENSE:

stayed suspension and probation and $2,500 fine

suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine

SECOND OFFENSE:

suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine

revocation and $10,000 fine

(58) through (64) No change.

(65) Registration of pain clinic by a designated physician through misrepresentation or fraud.

(459.015(1)(qq)1., F.S.)

(a) For registering a pain clinic through misrepresentation.

FIRST OFFENSE:

letter of concern and a $1,000 fine.

probation and a $5,000 fine.

SECOND OFFENSE:

probation and a $5,000 fine.

revocation and a $10,000 fine.

(b) For registering a pain clinic through fraud.

FIRST OFFENSE:

revocation and a $10,000 fine.

(66) Procuring or attempting to procure, the registration of a pain management clinic for any other person by making or causing to be made, any false representation.

(459.015(1)(qq)2., F.S.)

FIRST OFFENSE:

revocation and a $10,000 fine.

(67) Failing to comply with any requirement of Chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C., ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention Control Act; or Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act.

(459.015(1)(qq)3., F.S.)

FIRST OFFENSE:

letter of concern and a $1,000 fine.

probation and a $5,000 fine.

SECOND OFFENSE:

reprimand and a $5,000.00 fine.

suspension, followed by a period of probation, and a $10,000 fine.

THIRD OFFENSE:

reprimand and a $7,500 fine.

revocation and a $10,000 fine.

(68) Being convicted of or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, or any other state, or of the United States.

(459.015(1)(qq)4., F.S.)

FIRST OFFENSE:

probation and a $1,000 fine.

revocation and a $10,000 fine.

SECOND OFFENSE:

suspension and a $5,000 fine.

revocation and a $10,000 fine.

(69) Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of Chapter 459, F.S.

(459.015(1)(qq)5., F.S.)

FIRST OFFENSE:

from imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $1,000 fine.

suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and a $5,000 fine.

SECOND OFFENSE:

from imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $5,000 fine.

revocation and a $10,000 fine.

(70) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to the practice of, or the ability to practice, a licensed health care profession.

(459.015(1)(qq)6., F.S.)

FIRST OFFENSE:

probation and a $1,000 fine.

revocation and a $10,000 fine.

SECOND OFFENSE:

suspension and a $5,000 fine.

revocation and a $10,000 fine.

(71) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud.

(459.015(1)(qq)7., F.S.)

(a) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00.

FIRST OFFENSE:

revocation and a $5,000 fine.

revocation and a $10,000 fine.

SECOND OFFENSE:

revocation and a $7,500 fine.

revocation and a $10,000 fine.

(b) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less.

(459.015(1)(qq), F.S.)

FIRST OFFENSE:

suspension, followed by a period of probation, and a $10,000 fine.

SECOND OFFENSE:

revocation and a $10,000 fine.

(72) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003(14), or s. 893.02, F.S., if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship.

(459.015(1)(qq)8., F.S.)

FIRST OFFENSE:

reprimand and a $1,000 fine.

revocation and a $10,000 fine.

SECOND OFFENSE:

probation and a $5,000 fine.

revocation and a $10,000 fine.

(73) Failing to timely notify the Board of the date of his or her termination from a pain management clinic as required by s. 459.0137(2)(e), F.S.

(459.015(1)(qq)9., F.S.)

FIRST OFFENSE:

letter of concern and a $1,000 fine.

probation and a $5,000 fine.

SECOND OFFENSE:

reprimand and a $5,000 fine.

suspension, followed by a period of probation, and a $10,000 fine.

THIRD OFFENSE:

suspension, followed by a period of probation, and a $7,500 fine.

revocation and a $10,000 fine.

(74) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of other methods for prescribing within 24 hours as required by s. 459.0137(2)(d), F.S.

(459.015(1)(rr), F.S.

FIRST OFFENSE:

letter of concern and a $1,000 fine.

probation and a $5,000 fine.

SECOND OFFENSE:

probation and a $5,000 fine.

suspension, followed by a period of probation, and a $10,000 fine.

THIRD OFFENSE:

suspension, followed by a period of probation, and a $7,500 fine.

revocation and a $10,000 fine.

(75) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in Chapter 893, F.S.

(459.015(1)(ss), F.S.

FIRST OFFENSE:

letter of concern and a $1,000 fine.

1 year suspension, followed by a period of probation, and a $5,000 fine.

SECOND OFFENSE:

reprimand and a $5,000.00 fine.

1 year suspension, followed by a period of probation, and a $10,000 fine.

Rulemaking Authority 456.079, 459.015(5) FS. Law Implemented 456.072, 456.079, 456.50 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,_________.

(1) through (56) No change.
(57) Being terminated for cause, from a treatment program for impaired practitioners, as described in Section 456.076, F.S., for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee, or for not successfully completing any drug-treatment or alcohol-treatment program. (456.072(1)(hh) F.S.)
FIRST OFFENSE:	stayed suspension and probation and $2,500 fine	suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $5,000 fine
SECOND OFFENSE:	suspension until licensee is able to demonstrate to the Board ability to practice with reasonable skill and safety to be followed by probation and $7,500 fine	revocation and $10,000 fine
(58) through (64) No change.
(65) Registration of pain clinic by a designated physician through misrepresentation or fraud. (459.015(1)(qq)1., F.S.)
(a) For registering a pain clinic through misrepresentation.
FIRST OFFENSE:	letter of concern and a $1,000 fine.	probation and a $5,000 fine.
SECOND OFFENSE:	probation and a $5,000 fine.	revocation and a $10,000 fine.
(b) For registering a pain clinic through fraud.
FIRST OFFENSE:	revocation and a $10,000 fine.
(66) Procuring or attempting to procure, the registration of a pain management clinic for any other person by making or causing to be made, any false representation. (459.015(1)(qq)2., F.S.)
FIRST OFFENSE:	revocation and a $10,000 fine.
(67) Failing to comply with any requirement of Chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C., ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention Control Act; or Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act. (459.015(1)(qq)3., F.S.)
FIRST OFFENSE:	letter of concern and a $1,000 fine.	probation and a $5,000 fine.
SECOND OFFENSE:	reprimand and a $5,000.00 fine.	suspension, followed by a period of probation, and a $10,000 fine.
THIRD OFFENSE:	reprimand and a $7,500 fine.	revocation and a $10,000 fine.
(68) Being convicted of or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, or any other state, or of the United States. (459.015(1)(qq)4., F.S.)
FIRST OFFENSE:	probation and a $1,000 fine.	revocation and a $10,000 fine.
SECOND OFFENSE:	suspension and a $5,000 fine.	revocation and a $10,000 fine.
(69) Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of Chapter 459, F.S. (459.015(1)(qq)5., F.S.)
FIRST OFFENSE:	from imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $1,000 fine.	suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and a $5,000 fine.
SECOND OFFENSE:	from imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida and a $5,000 fine.	revocation and a $10,000 fine.
(70) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to the practice of, or the ability to practice, a licensed health care profession. (459.015(1)(qq)6., F.S.)
FIRST OFFENSE:	probation and a $1,000 fine.	revocation and a $10,000 fine.
SECOND OFFENSE:	suspension and a $5,000 fine.	revocation and a $10,000 fine.
(71) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud. (459.015(1)(qq)7., F.S.)
(a) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00.
FIRST OFFENSE:	revocation and a $5,000 fine.	revocation and a $10,000 fine.
SECOND OFFENSE:	revocation and a $7,500 fine.	revocation and a $10,000 fine.
(b) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less. (459.015(1)(qq), F.S.)
FIRST OFFENSE:	suspension, followed by a period of probation, and a $10,000 fine.
SECOND OFFENSE:	revocation and a $10,000 fine.
(72) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003(14), or s. 893.02, F.S., if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship. (459.015(1)(qq)8., F.S.)
FIRST OFFENSE:	reprimand and a $1,000 fine.	revocation and a $10,000 fine.
SECOND OFFENSE:	probation and a $5,000 fine.	revocation and a $10,000 fine.
(73) Failing to timely notify the Board of the date of his or her termination from a pain management clinic as required by s. 459.0137(2)(e), F.S. (459.015(1)(qq)9., F.S.)
FIRST OFFENSE:	letter of concern and a $1,000 fine.	probation and a $5,000 fine.
SECOND OFFENSE:	reprimand and a $5,000 fine.	suspension, followed by a period of probation, and a $10,000 fine.
THIRD OFFENSE:	suspension, followed by a period of probation, and a $7,500 fine.	revocation and a $10,000 fine.
(74) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of other methods for prescribing within 24 hours as required by s. 459.0137(2)(d), F.S. (459.015(1)(rr), F.S.
FIRST OFFENSE:	letter of concern and a $1,000 fine.	probation and a $5,000 fine.
SECOND OFFENSE:	probation and a $5,000 fine.	suspension, followed by a period of probation, and a $10,000 fine.
THIRD OFFENSE:	suspension, followed by a period of probation, and a $7,500 fine.	revocation and a $10,000 fine.
(75) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in Chapter 893, F.S. (459.015(1)(ss), F.S.
FIRST OFFENSE:	letter of concern and a $1,000 fine.	1 year suspension, followed by a period of probation, and a $5,000 fine.
SECOND OFFENSE:	reprimand and a $5,000.00 fine.	1 year suspension, followed by a period of probation, and a $10,000 fine.