Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine
RULE NO: RULE TITLE
64B15-19.002: Violations and Penalties
PURPOSE AND EFFECT: The purpose and effect of this rule development is to revise the existing language of the rule to comply with new legislation in Section 456.50 F.S.
SUMMARY: The existing language of the rule is revised to comply with new legislation in Section 456.50 F.S.
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: 456.079, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela King, 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 (45) No change.

 

(46) Violating any rule adopted by the board or department.  Intentionally violating any rule adopted by the board or department (456.072(1)(b), 459.015(pp) F.S.,)

 

MINIMUM

MAXIMUM

FIRST OFFENSE

denial or letter of concern reprimand and $1,000 $5,000 fine, demonstration of compliance with the rule

 

denial or suspension to be followed by probation and $5,000 fine, a reprimand, completion of a laws and rules course, and demonstration of compliance with the rule.

 

SECOND OFFENSE

denial or reprimand, completion of laws and rules course, demonstration of compliance with the rule, probation and $7,500 fine

 

 

No change.

 

(47) through (58) No change.

 

Specific 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,                                .


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 1, 2006