64B2-16.003: Guidelines for the Disposition of Disciplinary Cases
PURPOSE AND EFFECT: The Board proposes the rule amendment in order to clarify the guidelines for the disposition of disciplinary cases.
SUBJECT AREA TO BE ADDRESSED: Guidelines for the Disposition of Disciplinary Cases.
SPECIFIC AUTHORITY: 456.039(3), 456.072, 456.079, 460.405, 460.413 FS.
LAW IMPLEMENTED: 456.039(3), 456.072, 456.079, 460.413(4) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joe Baker, Jr., Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64B2-16.003 Guidelines for the Disposition of Disciplinary Cases.
(1) No change.
(a) No change.
(b) Section 460.411(1)(a), F.S.: fraud – permanent revocation or denial of license (minimum and maximum same); other – from a minimum of an administrative fine of $200 for each month of practice without an active license, up to a maximum of permanent revocation of license;
(c) Section 460.411(1)(b), 460.411(2)(a), 460.411(2)(b), F.S.: permanent revocation or denial of license (minimum and maximum same);
(d) Section 460.411(2)(a), F.S.: revocation or denial of license (minimum and maximum same);
(e) Section 460.411(2)(b), F.S.: revocation or denial of license (minimum and maximum same);
(d)(f) No change.
(e)(g) No change.
(f)(h) Section 460.412 or 456.072(1)(v), F.S.: from a minimum of one (1) year suspension followed by two (2) years probation under terms and conditions set by the board to include supervision and a fine of not less than $1,000 per violation, to permanent revocation; from a minimum of letter of concern and/or a PRN referral for evaluation up to a maximum fine of $10,000 and/or permanent revocation.
(g)(i) Section 460.413(1)(a) or 456.072(1)(h), F.S.:
Obtain license by bribery – from a minimum fine of $500 and/or up to two years of probation to a maximum of permanent revocation. For a second offense, from a minimum fine of $5,000 to permanent revocation. After the second offense, permanent revocation;
Obtain license by fraudulent misrepresentations – from six months probation and a fine of $10,000 to a maximum of permanent revocation and a fine of $10,000. For a second offense, a fine of $10,000 and permanent revocation;
Obtain license by Department or Board error – from a minimum letter of concern and/or a fine of $500, up to a maximum of suspension of license for one year, followed by two years of probation, and a fine of $5,000. For a second offense, from a minimum fine of $5,000 to permanent revocation of license, and after the second offense, permanent revocation of license;
(h)(j) No change.
(i)(k) Section 460.413(1)(c) or 456.072(1)(c), F.S.: guilt of a crime that relates to the practice or the ability to practice – misdemeanor: from a minimum fine of $1,500 and six months probation, up to a fine of $5,000 and a year’s suspension with conditions; felony: from a minimum of a fine of $7,500 and two years probation, up to a fine of $10,000 and permanent revocation. After the first offense, from a minimum of six months of probation, up to a maximum fine of $10,000 and/or permanent revocation of license;
(j)(l) Section 460.413(1)(d), F.S.: false/misleading advertising – from a minimum fine of $1,000, and a letter of concern, up to a maximum fine of $7,500 and one year of probation. For a second offense, from a minimum fine of $2,500 and/or one year of probation to a maximum fine of $10,000 and/or three months suspension of license. After the second offense, a fine of up to $10,000 and/or one year suspension to the maximum fine of $10,000 and/or permanent revocation;
(k)(m) Section 460.413(1)(e), or 456.072(1)(t), F.S.: non-identifying advertisement – from a minimum fine of $500, up to a maximum of one year of probation. After the first offense, from a minimum fine of $2,000 and one year of probation to a maximum fine of $5,000 and/or three years suspension. After the second offense, up to a maximum fine of $10,000 and/or one year of suspension up to permanent revocation;
(l)(n) Section 460.413(1)(f), F.S.: phony name – from a minimum fine of $3,500 and one year probation, up to a maximum fine of $10,000 and/or suspension of license for six months, followed by one year of probation. After the first offense, a minimum fine of $5,000 and six months suspension up to a maximum fine of $10,000 and/or permanent revocation;
(m)(o) Section 460.413(1)(g) or 456.072(1)(i), F.S.: failure to report another – from a minimum letter of concern and/or a fine of $500, up to a maximum fine of $2,000 and/or six months of probation. After the first offense, a minimum of six months of probation and a fine of $2,000 to a maximum fine of $10,000 and/or permanent revocation;
(n)(p) Section 460.413(1)(h) or 456.072(1)(j), F.S.: assisting unlicensed person to practice – from a $5,000 fine and/or one year of suspension to permanent revocation of license. After the first offense, from a fine of $7,500 up to a maximum fine of $10,000 and/or permanent revocation;
(o)(q) Section 460.413(1)(i) or 456.072(1)(k), F.S.: failure to perform statutory or legal obligation – from a minimum fine of $1,000 and a letter of concern, up to a maximum fine of $7,500 and/or two years of suspension followed by two years of probation. For a second offense, from a minimum fine of $2,500 and six months of probation up to a maximum fine of $10,000 and/or permanent revocation. After the second offense, up to a fine of $10,000 and/or permanent revocation;
(p)(r) Section 460.413(1)(j) or 456.072(1)(l), F.S.: negligent filing of false report – from a minimum fine of $1,000, up to a maximum of one year probation and a fine of $5,000. For a second offense, a minimum fine of $2,500 and a reprimand to a maximum fine of $10,000 and two years suspension. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
Willful filing of false report, impeding, or inducing another to file false report – from a minimum fine of $5,000 and/or suspension of license for three months, followed by six months of probation, up to a maximum of permanent revocation of license. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation.
(q)(s) Section 460.413(1)(k) or 456.072(1)(m), F.S.: misrepresentations/trick or scheme – from six months of probation, up to a maximum of suspension of license for one year, followed by two years of probation and a $10,000 fine per count or offense. After the first offense, from a minimum of two years of probation up to a maximum of permanent revocation and a $10,000 fine per count or offense;
(r)(t) Section 460.413(1)(l) or 456.072(1)(y)(x), F.S.: soliciting patients or commercial solicitation from accident report information – from a minimum fine of $1,000 and/or one year probation, up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $5,000 and/or six months suspension up to a maximum of $10,000 and/or permanent revocation;
(s)(u) Section 460.413(1)(m), F.S.: medical record-keeping – from a minimum fine of $500 and/or one year of probation, up to a maximum fine of $7,500, suspension of license for three months, followed by six months of probation. After the first offense, a minimum fine of $1,500 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation;
(t)(v) Section 460.413(1)(n) or 456.072(1)(n), F.S.: exploit patient for financial gain – from a minimum fine of $1,000 and/or one year of probation, up to a maximum fine of $10,000 and/or permanent revocation of license. After the first offense, from a minimum of two years of probation and a fine of $2,500 up to a maximum fine of $10,000 and/or permanent revocation;
(u)(w) Section 460.413(1)(o), F.S.: unauthorized services – from a minimum fine of $1,000 and/or one year of probation, up to a maximum fine of $5,000 and/or two years of probation. After the first offense, from a minimum fine of $2,500 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation;
(v)(x) Section 460.413(1)(p), F.S.: dispensing drugs/performing surgery – from a minimum fine of $5,000 and/or one year of probation, up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, a fine of $10,000 and/or permanent revocation;
(w)(y) Section 460.413(1)(q) or 456.072(1)(z)(y), F.S.: unable to practice with skill and safety – from a minimum fine of $1,000, three years of probation and referral for a PRN evaluation, up to a maximum of suspension of license for one year, followed by up to five years of probation. After the first offense from a $3,500 fine, referral for a PRN evaluation, and two years of probation to a maximum fine of $10,000 and/or permanent revocation;
(x)(z) Section 460.413(1)(r), F.S.: gross malpractice – from a minimum fine of $1,000, up to a maximum fine of $10,000 and/or permanent revocation;
Repeated malpractice – from a minimum fine of $1,000 up to a maximum fine of $10,000 and/or permanent revocation.
Unacceptable level of care, skill, and treatment – from a minimum fine of $1,000 up to a maximum fine of $10,000 and/or permanent revocation;
(y)(aa) Section 460.413(1)(s), F.S.: experimentation on human subjects without consent – from a fine of $1,000 and/or five years of probation, up to a maximum of permanent revocation. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation;
(z)(bb) Section 460.413(1)(t) or 456.072(1)(o), F.S.: practicing beyond the scope permitted or competent to perform – from a minimum fine of $2,500 and/or one year of probation, up to a maximum of suspension of license for two years followed by probation and a fine of $10,000. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation;
(aa)(cc) Section 460.413(1)(u) or 456.072(1)(p), F.S.: delegating responsibilities to unqualified person – from a minimum fine of $1,000 and/or six months of probation, up to a maximum fine of $5,000 and suspension of license for three years, followed by up to three years of probation. After the first offense, from a minimum fine of $5,000 and/or suspension of license for one year followed by probation up to a maximum fine of $10,000 and/or permanent revocation;
(bb)(dd) Section 460.413(1)(v) or 456.072(1)(q), F.S.: violating any lawfully issued order or subpoena – from a minimum fine of $1,000 and a letter of concern, up to a maximum fine of $10,000 and/or permanent revocation. For a second offense, from a minimum fine of $5,000 and/or two years of probation up to a maximum fine of $10,000 and/or permanent revocation of license. After the second offense, from a minimum fine of $7,500 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or permanent revocation of license;
(cc)(ee) Section 460.413(1)(w), F.S.: conspiring or committing an act to prevent a licensee from advertising – from a minimum of fine $1,000 and/or one year of probation, up to a maximum of suspension of license for six months, followed by one year of probation and a fine of $5,000. After the first offense, from a minimum fine of $5,000 and/or two years suspension of license followed by probation up to a maximum fine of $10,000 and/or permanent revocation;
(dd)(ff) Section 460.413(1)(x), or 456.072(1)(ee), F.S.: submitting claims for treatment not provided – from a minimum fine of $1,000 and/or one year of probation, up to a maximum fine of $10,000 and/or permanent revocation of license. For a second offense, from a minimum fine of $5,000 and/or six months suspension followed by two years of probation to a maximum fine of $10,000 and/or permanent revocation. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
(ee)(gg) Section 460.413(1)(y), F.S.: commingling or conversion of patient funds and financial recordkeeping – from a minimum fine of $2,000 and/or one year of probation, up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, from a minimum fine of $5,000 and/or three months suspension followed by two years of probation up to a maximum fine of $10,000 and/ or permanent revocation;
(ff)(hh) Section 460.413(1)(z), F.S.: offering or accepting payment by assignment if it appears to eliminate requirement for insured to pay deductible – from minimum fine of $1,000, and/or a letter of concern up to a maximum fine of $3,000 and/or two years of probation. For a second offense, from a minimum fine of $3,000 and/or a year of probation to a maximum fine of $7,500 and one year of suspension followed by probation. After the second offense, up to a fine of $10,000 and/or permanent revocation;
(gg)(ii) Section 460.413(1)(aa), F.S.: failure to provide insured with copy of claim – (citation offense) from a minimum fine of $500 and one year of probation, up to a maximum fine of $5,000 and/or two years of probation. For a second offense, from a minimum fine of $3,500 and/or two years of probation to a maximum fine of $7,500 and one year of suspension followed by probation. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
(hh)(jj) Section 460.413(1)(bb), F.S.: advertised fee different from that submitted to payors – from a minimum fine of $1,000 and up to one year of probation, to a maximum fine of $5,000 and two years of probation. For a second offense, from a minimum fine of $3,500 and/or six months of suspension up to a maximum fine of $7,500 and two years of suspension. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
(ii)(kk) Section 460.413(1)(cc), 456.062, F.S.: failure of advertisement to state usual fee when offers free or discount services – (citation offense) from a minimum fine of $500 and one year of probation, up to a maximum fine of $5,000 and two years of probation. For a second offense, from a minimum fine of $3,500 and/or six months of suspension up to a maximum fine of $7,500 and two years of suspension. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
(jj)(ll) Section 460.413(1)(dd), F.S.: using acupuncture without certification – from a minimum fine of $2,500, and/or one year of probation, up to a maximum of suspension of license for two years followed by probation and a fine of $10,000. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation;
(kk)(mm) Section 460.413(1)(ee), F.S.: failure to report violation in the facility – from a minimum letter of concern and/or a fine of $500 up to a maximum fine of $2,000 and/or six months of probation. After the first offense, a minimum of six months of probation and a fine of $2,000 to a maximum fine of $10,000 and/or permanent revocation;
(ll)(nn) Section 460.413(1)(ff), 456.072(1)(b), or 456.072(1)(dd)(cc), F.S.: violating this chapter, Chapter 456, F.S., or any Board rules – from a minimum fine of $1,000 and/or a letter of concern up to a maximum fine of $10,000 5,000 and/or permanent revocation suspension of license for two years followed by two years of probation. For a second offense, from a minimum fine of $5,000 and/or two years of probation up to a maximum fine of $10,000 and/or permanent revocation of license. After the second offense, from a minimum fine of $7,500 and/or six months of suspension followed by probation up to a maximum fine of $10,000 and/or permanent revocation;
(mm)(oo) Section 456.082, F.S.: disclosure of confidential information – from a minimum fine of $2,000 and/or six months of probation, up to a maximum fine of $5,000 and suspension of license for six months, followed by two years of probation. After the first offense, a minimum fine of $5,000 and two years of probation up to a maximum fine of $10,000 and/or permanent revocation;
(nn)(pp) Section 456.057(4), F.S.: timely and appropriate release of medical records – from a minimum fine of $1,000, and/or a letter of concern up to a maximum fine of $5,000 and one year of probation. For a second offense, from a minimum fine of $2,500 and/or one year of probation to a maximum fine of $5,000 and three months of suspension followed by two years of probation. After the second offense, up to a maximum fine of $10,000 and/or permanent revocation;
(oo)(qq) Section 456.072(1)(a), F.S.: misleading, deceptive, or fraudulent representations – from a minimum of six months of probation and a fine of $10,000 per count or offense up to a maximum of permanent revocation and a fine of $10,000 per count or offense. After the first violation, a fine of $10,000 per count or offense and/or a minimum of one year of suspension up to a maximum of permanent revocation;
(pp)(rr) Section 456.072(1)(d), F.S.: improper usage of laser device – from a minimum fine of $1,000 and/or one year of probation up to a maximum fine of $10,000 and three years of suspension followed by probation. After the first offense, up to a maximum fine of $10,000 and/or permanent revocation;
(qq)(ss) Section 456.072(1)(e), F.S.: failure to comply with HIV/AIDS course requirements – from a minimum fine of $1,000 and a letter of concern up to a maximum fine of $7,500 and/or two years of suspension followed by two years of probation. For a second offense, from a minimum fine of $2,500 and six months of probation up to a maximum fine of $10,000 and/or permanent revocation. After the second offense, up to a fine of $10,000 and/or permanent revocation;
(rr)(tt) Section 456.072(1)(r), F.S.: improper interference with investigation, inspection, or discipline – from a minimum fine of $1,000 and/or one year of probation up to a maximum fine of $10,000 and/or permanent revocation. After the first offense, a minimum fine of $2,500 up to a maximum fine of $10,000 and/or permanent revocation;
(uu) Section 456.072(1)(u), F.S.: sexual misconduct – from a minimum letter of concern and/or a PRN referral for evaluation, up to a maximum fine of $10,000 and/or permanent revocation;
(ss)(vv) Section 456.072(1)(v), F.S.: profiling and credentialing violations – from a minimum letter of concern and/or a fine of $1,000, up to a maximum fine of $10,000 and/or one year of suspension followed by two years of probation. After the first offense, from a minimum fine of $2,000 up to a maximum fine of $10,000 and/or permanent revocation;
(tt)(ww) Section 456.072(1)(x)(w), F.S.: failure to comply with 30-day notification of convictions and nolo pleas – from a minimum fine of $1,000 and/or a letter of concern, up to a maximum fine of $9,000 and/or one month suspension of license followed by probation. After the first offense, from a minimum fine of $5,000 up to a maximum fine of $10,000 and/or permanent revocation;
(uu)(xx) Section 456.072(1)(z)(aa), F.S.: testing positive on drug screening – from a minimum fine of $500 and/or two years of probation and referral for a PRN evaluation, up to a maximum of suspension of license for one year, followed by up to five years of probation, and a fine of up to $10,000. After the first offense, from a $2,500 fine, and/or referral for a PRN evaluation and two years of probation up to a maximum fine of $10,000 and/or permanent revocation;
(vv)(yy) Section 456.072(1)(bb)(aa), F.S.: wrong patient, wrong-site, or wrong or unnecessary procedure – from a minimum fine of $1,000 and/or a reprimand, up to a maximum fine of $10,000 and/or six months suspension of license followed by probation. After the first offense, from a minimum fine of $5,000 and/or a year of probation up to a maximum fine of $10,000 and/or permanent revocation;
(ww)(zz) Section 456.039(3), F.S.: failing to update information pursuant to Section 456.039(1), F.S., in writing within 45 days after the occurrence of an event or attainment of a status required to be reported – from a minimum $2,500 fine to a maximum of suspension to be followed by probation and $5,000 fine for a first offense. After the first offense, from a minimum of probation and $5,000 fine, to maximum of permanent revocation and $10,000 fine.
(xx)(aaa) Section 456.072(1)(hh)(gg), F.S., for being terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant 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 – from a minimum of suspension until compliant with contract to $1000 fine and/or permanent revocation. For subsequent offenses, suspension until compliant with contract to $10,000 and/or permanent revocation.
(yy) Section 456.072(1)(ii), F.S. for being convicted of or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, under 18 U.S.C. s. 669, ss. 285-287, s. 371, s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 U.S.C. ss. 1320a-7b, relating to Medicaid program- from a minimum of permanent revocation and a fine of $10,000, or in the case of application for licensure, denial of license.
(zz) Section 456.072(1)(jj), F.S., for failing to remit the sum owed to state for an overpayment from Medicaid program pursuant to a final order, judgment, or stipulation or settlement – from a minimum of a letter of concern to probation and a fine of $500 to a maximum of a reprimand to permanent revocation and fine of $2,500 for a first offense. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.
(aaa) Section 456.072(1)(kk), F.S., for being terminated from the state Medicaid program pursuant to s. 409.913, any other state Medicaid program, or the federal Medicare program, unless eligibility to participate in the program from which the practitioner was terminated has been restored – from a minimum of letter of concern and $1,000 fine to maximum of reprimand to permanent revocation and $5,000 fine. After the first offense, from a minimum of suspension and $5,000 fine to maximum of permanent revocation and $10,000 fine.
(bbb) Section 456.072(1)(ll), F.S., for being convicted of, or entering a plea of guilty or nolo contendere to, any misdemeanor or felony, regardless of adjudication, a crime in any jurisdiction which relates to health care fraud – permanent revocation or denial of license (minimum and maximum same).
(2) The Board may take into consideration the following factors in determining the appropriate disciplinary action to be imposed and in going outside of the disciplinary guidelines:
(a) through (m) No change.
(3) Any or all of the following conditions may be imposed as terms of probation:
(a) through (l) No change.
(m) Successful completion of the Special Purposes Examination (SPECS) examination of the National Board of Chiropractic Examiners;
(n) No change.
Rulemaking Specific Authority 456.039(3), 456.072, 456.079, 460.405, 460.413 FS. Law Implemented 456.039(3), 456.072, 456.079, 460.413(4) FS. History–New 1-10-80, Formerly 21D-16.03, Amended 1-28-87, 1-28-90, 6-24-93, Formerly 21D-16.003, Amended 10-26-93, Formerly 61F2-16.003, Amended 7-18-95, Formerly 59N-16.003, Amended 11-4-98, 6-6-02, 5-23-04, 4-13-05, 9-15-05, 2-6-06,________.