Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 35, September 2, 2011 issue of the Florida Administrative Weekly.

64B-7.002 Disciplinary Guidelines.

(1) In imposing discipline on a pain-management clinic, its owner, designated physician or other persons as particularly indicated in paragraphs (2)(a) through (hh), the department shall act in accordance with these disciplinary guidelines and shall impose a penalty within the range corresponding to the severity and repetition of the violations unless the department finds it necessary to deviate from the guidelines in accordance with this rule. Any and all offenses listed are sufficient grounds for the initial refusal of registration to an applicant. The department shall recover the costs of the investigation and prosecution of the case as well as imposing the appropriate penalty. In addition to any other penalty, if the violation includes proof of intentional fraud or fraudulent misrepresentation, the department shall impose a penalty of $10,000 per count or offense. When the penalty is suspension, the period of suspension for the registration of the clinic shall not exceed one year.

(2) Violations and Range of Penalties:

(a) through (k) No change.

(l) A physician who has failed 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. 458.3265(2) or 459.0137(2). (Sections 458.331(1)(pp), 459.015(1)(rr), F.S.). First offense, a fine of up to $5,000 and from one year of probation to one year suspension or revocation. For a subsequent offense, a fine of up to $5,000 and one year suspension or revocation.

(m) through (ii) renumbered (l) through (hh) No change.

(3) through (5) No change.