64B8-8.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendments address violations with regard to disciplinary guidelines as they relate to the Board’s pain clinic rules.
SUMMARY: 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 community service, probation, and suspension up to revocation of licensure.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS:
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), 456.50(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 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, Jr., 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 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,_________.