The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee (JAPC). When changed, the following subsections shall read as follows:
1. Subparagraphs (2)(a) 2., 3., and 4.:
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First Offense |
Subsequent Offense |
2. Attempting to renew a license by bribery or fraud. |
2. Revocation of the license and payment of a $10,000 fine. |
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3. Obtaining or renewing a license by bribery or fraud. |
3. Revocation of the license and payment of a $10,000 fine. |
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4. Obtaining or renewing a license through error of the Department of the Board. |
4. Revocation. |
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2. Subparagraphs (2)(b) 1. and 2.:
1. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation and an administrative fine of $10,000, or in the case of application for licensure, denial of licensure. |
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2. Action taken against license by another jurisdiction relating to healthcare fraud in dollar amounts of $5,000.00 or less. |
2. From an administrative of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure. |
2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure. |
3. Paragraph (2)(c):
(c) Guilty of crime directly relating to practice or ability to practice. (Section 456.072(1)(c), F.S.); (Section 458.331(1)(c), F.S.) |
(c) From reprimand to revocation or denial of license, and an administrative fine of $1,000.00 to $5,000.00. |
(c) From probation to revocation or denial of the license, and an administrative fine of $2,500.00 to $5,000.00. |
1. Involving a crime directly related to healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation, and an administrative fine of $10,000, or in the case of application for licensure, denial of licensure. |
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2. Involving a crime directly related to healthcare fraud in dollar amounts of $5,000.00 or less. |
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in case of application for licensure, denial of licensure. |
2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in case of application for licensure, denial of licensure. |
4. In paragraphs (2)(d), (e), (f), and (g), the language regarding community service shall be deleted from the rule.
5. The citations in subparagraph (g)1., shall read as follows: (Section 456.013(7), F.S.); (Section 456.033, F.S.); (Section 456.072(1)(e), F.S.); (Section 456.072(1)(s), F.S.)
6. Subparagraphs (2)(h)1. and 2.:
1. Involving healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation and an administrative fine of $10,000, or in the case of application for licensure, denial of licensure. |
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2. Involving healthcare fraud in dollar amounts of $5,000.00 or less. |
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure. |
2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure. |
7. In paragraph (2)(i), the language regarding community service shall be deleted from the rule.
8. Paragraph (2)(j):
(j) Sexual misconduct. (Section 456.072 (1)(v), F.S.); (Section 458.329, F.S.); (Section 458.331(1)(j), F.S.) |
(j) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(j) From suspension, to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
9. Paragraphs (2)(k), (l), and (m):
(k) Deceptive, untrue, or fraudulent representations in the practice of medicine. (Sections 456.072(1)(a), (m), F.S.); (Section 458.331(1)(k), F.S.) |
(k) From a letter of concern to revocation, or denial of licensure, and an administrative fine of $10,000.00. |
(k) From probation or denial of licensure, and an administrative fine of $10,000.00 to revocation. |
1. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation and an administrative of $10,000, or in the case of application for licensure, denial of licensure. |
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2. Deceptive, untrue, or fraudulent representations in the practice of medicine relating to healthcare fraud in dollar amounts of $5,000.00 or less. |
2. From an administrative fine of $10,000.00 and a reprimand through suspension of the license, or in the case of application for licensure, denial of licensure. |
2. From an administrative fine of $10,000.00 and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure. |
(l) Improper solicitation of patients. (Section 458.331(1)(l), F.S.) |
(l) From an administrative fine ranging from $1,000.00 to $5,000.00, and a reprimand to probation, or denial of licensure. |
(l) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine from $2,500.00 to $5,000.00. |
(m) Failure to keep legible written medical records. (Section 458.331(1)(m), F.S.) |
(m) From a letter of concern to a reprimand, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(m) From a reprimand to suspension followed by probation and an administrative fine ranging from $2,500.00 to $5,000.00, or denial of licensure. |
1. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation and an administrative fine of $10,000, or in the case of application for licensure, denial of licensure. |
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2. Failure to keep legible written medical records relating to healthcare fraud in dollar amounts of $5,000.00 or less. |
2. An administrative fine of $10,000.00, and a reprimand to suspension of the license, or in the case of application for licensure, denial of licensure. |
2. An administrative fine of $10.000.00, and suspension of the license, followed by a period of probation to revocation, or in the case of application for licensure, denial of licensure. |
12. In paragraphs (2)(n), (o), (p), and (q), the language regarding community service shall be deleted from the rule.
13. Paragraph (2)(r):
(r) Performing of experimental treatment without informed consent. (Section 458.331(1)(u), F.S.) |
(r) From a letter of concern to suspension to be followed by a period of probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(r) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
14. In paragraph (2)(t), the language regarding community service shall be deleted from the rule.
15. Subparagraph (2)(u)2.:
2. Violation of an order of the Board. |
2. From a reprimand and an administrative fine of $1,000.00 to a reprimand and an administrative fine of $5,000.00. |
2. From a reprimand and an administrative fine of $2,500.00 to a reprimand and an administrative fine of $5,000.00 and probation. |
16. In paragraph (2)(v), the language regarding community service shall be deleted from the rule.
17. Paragraph (2)(w):
(w) Aiding an unlawful abortion. (Section 458.331(1)(z), F.S.) |
(w) From probation to revocation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(w) From suspension, to be followed by a period of probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
18. In paragraph (2)(x), the language regarding community service shall be deleted from the rule.
19. Paragraphs (2)(y) and (z):
(y) Improper use of substances for muscle building or enhancement of athletic performance. (Section 458.331(1)(ee), F.S.) |
(y) From a reprimand to suspension, or denial of licensure, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(y) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
(z) Use of amygdaline (laetrile). (Section 458.331(1)(ff), F.S.) |
(z) From a reprimand to probation, or denial of licensure, and an administrative fine ranging from $1,000.00 to $2,500.00. |
(z) From suspension to be followed by a period of probation to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
20. In paragraphs (2)(aa), (bb), and (cc), the language regarding community service shall be deleted from the rule.
21. Paragraph (2)(ee):
(ee) Theft or reproduction of an examination. (Section 456.018, F.S.) |
(ee) Revocation or denial of licensure. |
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22. Subsections (2)(kk) and (ll):
(kk) Performing health care services on the wrong patient, wrong site, wrong procedure. (Section 456.072(1)(bb), F.S.) |
(kk) From a letter of concern, a minimum of five (5) hours of risk management education, and one (1) hour lecture on wrong-site surgery in the State of Florida, and a $1,000 fine to a $2,500.00 fine to a reprimand and probation and an administrative fine ranging from $1,000.00 to $2,500.00. |
(kk) From a reprimand and probation to revocation and an administrative fine from $2,500.00 to $5,000.00. |
(ll) Leaving a foreign body in a patient. (Section 456.072(1) (cc), F.S.) |
(ll) From a $1,000.00 to a $5,000.00 fine, a letter of concern, a minimum of five (5) hours of risk management education, and a one hour lecture to the staff of a Florida licensed healthcare facility on retained foreign body objects to revocation. |
(ll) From a $7,500.00 fine, a reprimand and probation, or denial to revocation. |
23. Paragraph (2)(oo):
(oo) Engaging in a pattern of practice when prescribing medicinal drugs or controlled substances which demonstrates a lack of reasonable skill or safety to patients. (456.072(1)(gg), F.S.) |
(oo) From reprimand to probation, and an administrative fine ranging from $1,000.00 to $5,000.00, or denial of licensure. |
(oo) From probation, to revocation or denial of licensure, and an administrative fine ranging from $2,500.00 to $5,000.00. |
24. The citations to Sections 459.005 and 459.023, F.S., shall be deleted from the Rulemaking Authority and Law Implemented.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joy A. Tootle, Executive Director, Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253