64B15-19.002: Violations and Penalties
PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth the disciplinary guidelines for violations of the Board’s rules with regard to practicing in pain clinics.
SUMMARY: The proposed rule amendments address the disciplinary guidelines for violations of the rules with regard to practicing in pain clinics of violations with regard to the registration and inspection of pain clinics.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Board prepared a Statement of Estimated Regulatory Costs (SERC) for this rule. Essentially, the rule will have a negative impact upon physicians who violate the Board’s requirements with regard to practicing in or registering of pain clinics. The costs involved will depend on the severity of the offense and whether the offense is a first time or repeated offense. The fines imposed for violations range from $5,000 to $10,000, and other penalties include probation, and suspension up to revocation of licensure.
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: Christy Robinson, Acting 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 (62) No change.
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(63) A violation of Rule 64B15.14.0051, F.A.C. |
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FIRST OFFENSE: |
probation for a term no less than two (2) years and a $5,000 fine |
revocation |
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SECOND OFFENSE: |
suspension for a minimum of one (1) year to be followed by a term of probation and a $10, 000 fine |
revocation |
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(64) A violation of Rule 64B15-14.0052, F.A.C. |
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FIRST OFFENSE: |
probation for a term no less than one (1) year and a $5,000 fine |
revocation |
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SECOND OFFENSE: |
suspension for a minimum of six months to be followed by a term of probation and a $10,000 fine |
revocation |
Rulemaking 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, 11-14-06, 11-27-06, 5-10-10,________.