64B8-8.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The Board proposes the development of rule amendments to address new violations with regard to pain clinic rules.
SUBJECT AREA TO BE ADDRESSED: Disciplinary guidelines for violations of pain clinic rules.
SPECIFIC AUTHORITY: 456.0375(4)(c), 456.50(2), 456.0575, 456.079, 458.309, 458.331(5) FS.
LAW IMPLEMENTED: 456.0375(4)(c), 456.50(2), 456.0575, 456.072, 456.079, 458.331(5) 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: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
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RECOMMENDED RANGE OF PENALTY | |||
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VIOLATION |
FIRST OFFENSE |
SECOND OFFENSE |
THIRD OFFENSE |
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(a) through (aaa) No change. |
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(bbb) A violation of Rule 64B8-9.0131, F.A.C. |
(bbb) From probation for a term no less than two years, 100 hours of community service, and a fine of $5,000.00 to $10,000.00 to revocation. |
(bbb) From suspension for a minimum of one year, to be followed by a term of probation, 200 hours of community service, and a $10,000.00 fine to revocation. | |
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(ccc) A violation of Rule 64B8-9.0132, F.A.C. |
(ccc) From probation for a term no less than one year, 50 hours of community service, and a fine of $5,000.00 to $10,000.00 to revocation. |
(ccc) From suspension for a minimum of six months, to be followed by a term of probation, 100 hours of community service, and a $10,000.00 fine to revocation. | |
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(3) through (7) No change. |
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Rulemaking Authority 456.0375(4)(c),456.50(2), 456.0575, 456.079, 458.309, 458.331(5) FS. Law Implemented 456.0375(4)(c), 456.50(2), 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, 1-4-06, 8-13-06, 8-29-06, 11-22-06, 1-30-07, 2-18-09, 12-22-09,________.