64B8-8.001: Disciplinary Guidelines
PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth additional violations and the disciplinary guidelines for those violations.
SUMMARY: The proposed rule amendments set forth various violations and the range of disciplinary guidelines for the violations.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule amendments will not have an adverse impact on small business, nor will the proposed rule amendments be likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate in this state within 1 year after the implementation of the rule.
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 (a) through (yy) No change. |
FIRST OFFENSE |
SECOND OFFENSE |
THIRD OFFENSE |
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(zz) Being terminated from the state Medicaid program for cause, or any other state Medicaid program, or the federal Medicare program. (456.072(1)(kk), F.S.) |
(zz) From a letter of concern to suspension, and a fine of $1,000 to $5,000. |
(zz) From a reprimand to revocation, and a fine of $5,000 to $10,000. |
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(aaa) through (ccc) No change. |
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(ddd) Registration of pain clinic by a designated physician through misrepresentation or fraud. (458.331(1)(oo), F.S.) |
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1. For registering a pain clinic through misrepresentation. (458.331(1)(oo)1., F.S. |
1. From a letter of concern to probation, and a fine of $1,000.00 to $5,000.00. |
1. From a period of probation, to revocation, and a fine of $5,000.00 to $10,000.00. |
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2. For registering a pain clinic through fraud. (458.331(1)(oo)1., F.S. |
2. Revocation and a $5,000.00 fine to revocation and a $10,000.00 fine. |
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(eee) Procuring or attempting to procure, the registration of a pain management clinic for any other person by making or causing to be made, any false representation. (458.331(1)(oo)2., F.S. |
(eee) Revocation. and a $5,000.00 fine to revocation and a $10,000.00 fine. |
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(fff) Failing to comply with any requirement of Chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C., ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention Control Act; or Chapter 893, F.S., the Florida Comprehensive Drug Abuse Prevention and Control Act. (458.331(1)(oo)3., F.S. |
(fff) From a letter of concern to probation, and a fine of $1,000 .00 to $5,000.00. |
(fff) From a reprimand to suspension, followed by a period of probation, and a fine of $5,000.00 to $10,000.00. |
(fff) From a reprimand to revocation, and a fine of $7,500.00 to $10,000.00 fine. |
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(ggg) Being convicted of or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, or any other state, or of the United States. (458.331(1)(oo)4., F.S. |
(ggg) From probation to revocation, an administrative fine ranging from $1,000.00 to $10,000.00, and 50 to 100 hours of community service. |
(ggg) From suspension to revocation, an administrative fine ranging from $5,000.00 to $10,000.00, and from 100 to 200 hours of community service. |
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(hhh) Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for any offense that would constitute a violation of Chapter 458, F.S. (458.331(1)(oo)5., F.S. |
(hhh) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to suspension until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000.00 to $5,000.00. |
(hhh) From imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida to revocation, and an administrative fine ranging from $5,000.00 to $10,000.00. |
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(iii) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to the practice of, or the ability to practice, a licensed health care profession. (458.331(1)(oo)6., F.S. |
(iii) From probation to revocation, an administrative fine ranging from $1,000.00 to $10,000.00, and 50 to 100 hours of community service. |
(iii) From suspension to revocation, an administrative fine ranging from $5,000.00 to $10,000.00, and from 100 to 200 hours of community service. |
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(jjj) Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime which relates to health care fraud. (458.331(1)(oo)7., F.S. |
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1. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts in excess of $5,000.00. |
1. Revocation and a fine of $10,000.00 |
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2. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime relating to healthcare fraud in dollar amounts of $5,000.00 or less. |
2. A $10,000.00 administrative fine, 100 hours of community service, and suspension of the license, followed by a period of probation. |
2. Revocation and a fine of $10,000.00. |
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(kkk) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in Section 465.003(14) or 893.02, F.S., if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship. (458.331(1)(oo)8., F.S. |
(kkk) From a reprimand to revocation, an administrative fine ranging from $1,000.00 to $10,000.00, and 50 to 100 hours of community service. |
(kkk) From probation to revocation, an administrative fine ranging from $5,000.00 to $10,000.00, and 100 to 200 hours of community service. |
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(lll) Failing to timely notify the Board of the date of his or her termination from a pain management clinic as required by Section 458.3265(2), F.S. (458.331(1)(oo)9., F.S. |
(lll) From a letter of concern to probation, an administrative fine ranging from $1,000.00 to $5,000.00, and 25 to 50 hours of community service. |
(lll) From a reprimand to suspension, followed by a period of probation, an administrative fine ranging from $5,000.00 to $10,000.00, and 50 to 100 hours of community service. |
(lll) From suspension, followed by a period of probation to revocation, an administrative fine of $10,000.00. |
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(mmm) Failing to timely notify the Department of the theft of prescription blanks from a pain management clinic or a breach of other methods for for prescribing within 24 hours as required by Section 458.3265(2), F.S. (458.331(1)(pp), F.S. |
(mmm) From a letter of concern to probation, an administrative fine ranging from $1,000.00 to $5,000.00, and 25 to 50 hours of community service. |
(mmm) From probation to suspension, followed by a period of probation, an administrative fine ranging from $5,000.00 to $10,000.00, and 50 to 100 hours of community service. |
(mmm) From suspension, followed by a period of probation to revocation, an administrative fine of $10,000.00. |
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(nnn) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in Chapter 893, F.S. (458.331(1)(qq), F.S. |
(nnn) From a letter of concern to one (1) year suspension, to be followed by a period of probation, 50 to 100 hours of community service and an administrative fine from $1,000.00 to $5,000.00. |
(nnn) From reprimand to up to one (1) year suspension, to be followed by a period of probation, from 100 to 200 hours of community service and an administrative fine from $5,000.00 to $10,000.00. |
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(3) through (7) No change.
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, 7-27-10,________.