RULE NO: RULE TITLE
64B8-8.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendments are intended to address changes in the disciplinary guidelines.
SUMMARY: The proposed rule amendments clarify disciplinary guidelines.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY:
456.0375(4)(c),
456.0575,
456.079,
458.309,
458.331(5) FS.LAW IMPLEMENTED:
456.0375(4)(c),
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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.
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 deive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
RECOMMENDED RANGE OF PENALTY
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VIOLATION |
FIRST OFFENSE |
SECOND OFFENSE |
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(a) through (s) No change. |
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(t) Failure to practice medicine in accordance with appropriate level of care, skill and treatment recognized in general law related to the practice of medicine Gross or repeated malpractice or the failure to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent physician as being acceptable under similar conditions and circumstances.
(456.50(1)(g), F.S.)
(458.331(1)(t), F.S.) |
(t) From one (1) year two (2) years probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00. |
(t) From two (2) years probation suspension to revocation or denial and an administrative fine from $5,000.00 to $10,000.00. |
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1. No change. |
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2. Repeated Malpractice as defined in Section 456.50, F.S. |
2. Revocation From three (3) years probation to revocation
or denial and an administrative fine from $1,000.00 to $10,000.00 and the licensee shall be subject to revocation. |
2. From suspension or denial to revocation or denial and an administrative fine of $5,000.00 to $10,000.00 and an evaluation or reexamination by a physician evaluation program approved by the Board.
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3. Failure to practice medicine with that level of care, skill and treatment which is recognized by a reasonably prudent physician as being acceptable under similar conditions and circumstances.
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3. From two (2) years probation to revocation or denial and an administrative fine from $1,000.00 to $10,000.00.
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3. From a reprimand and probation or denial to revocation and an administrative fine of $5,000.00 to $10,000.00.
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(u) through (ss) No change. |
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(3) through (7) No change. |
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Specific Authority 456.0375(4)(c), 456.0575, 456.079, 458.309, 458.331(5) FS.
Law Implemented 456.0375(4)(c), 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, 1-04-06, .