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Florida Board of Medicine: Florida Board of Medicine: Update and OverviewUpdate and Overview
James W. Orr, Jr., M.D.James W. Orr, Jr., M.D.
DATEDATE
OverviewOverview
Introduction to the Board of MedicineIntroduction to the Board of Medicine
Top 10 Things Physicians Do that Can Get Top 10 Things Physicians Do that Can Get them in Troublethem in Trouble
Disciplinary Process & ImplicationsDisciplinary Process & Implications
Questions Questions
Who is the Board of Who is the Board of Medicine?Medicine?
Mission: To protect and promote the Mission: To protect and promote the health of all residents and visitors in the health of all residents and visitors in the state through organized state and state through organized state and community efforts, including cooperative community efforts, including cooperative agreements with counties. agreements with counties.
JudgeJudge Enforce legislationEnforce legislation Define qualityDefine quality
LicenseLicense Communicate Communicate
Medical Board StructureMedical Board Structure
The Medical Board is a group of volunteers The Medical Board is a group of volunteers who are charged with upholding the who are charged with upholding the Medical Practice Act for the State of Medical Practice Act for the State of Florida.Florida.
Twelve physician membersTwelve physician membersThree consumer membersThree consumer members
All Members of the Board are appointed by All Members of the Board are appointed by the Governor.the Governor.
LeadershipLeadership
Rick ScottGovernor
John H. Armstrong, M.D.State Surgeon General
Jason J. Rosenberg, M.D.Chairman
Board of Medicine
Lucy GeeDivision Director
Medical Quality Assurance
Licensure Decisions
Probable Cause Determinations
Discipline Decisions
Practice Standards
Licensure/Exam Services
Complaint/Investigation Services
Prosecution Services
Accessing Information Accessing Information
Board of Medicine web pageBoard of Medicine web page http://www.doh.state.fl.us/mqa/medical/http://www.doh.state.fl.us/mqa/medical/ Board of Medicine Interested Parties List Board of Medicine Interested Parties List
(Mailman)(Mailman) Go to website above to sign upGo to website above to sign up
Address, telephone, fax and email Address, telephone, fax and email 4052 Bald Cypress Way, Bin C03, Tallahassee, FL 4052 Bald Cypress Way, Bin C03, Tallahassee, FL
32399 32399 (850) 245-4131(850) 245-4131 (850) 488-0596(850) 488-0596 [email protected] [email protected]
MeetingsMeetings
The Board of Medicine meets 6 times The Board of Medicine meets 6 times per year to handle hearings and per year to handle hearings and Board business (February, April, June, Board business (February, April, June, August, October, December)August, October, December)
All meetings are open to the public All meetings are open to the public and physicians may receive CME and physicians may receive CME credit for attending one of the Board credit for attending one of the Board Meetings. Meetings.
Top 10 Things Physicians Do Top 10 Things Physicians Do that Can Get them in Troublethat Can Get them in Trouble
Practitioner profilesPractitioner profiles Moving or closing your office Moving or closing your office Prescriptions Prescriptions Medical recordsMedical records Patient boundaries Patient boundaries AdvertisingAdvertising Adverse incidents Adverse incidents Internet prescribingInternet prescribing Controlled substance prescribingControlled substance prescribing Wrong Site/Person/Procedure SurgeryWrong Site/Person/Procedure Surgery
Practitioner Profiles Practitioner Profiles
Must be updated within Must be updated within 15 days15 days of any of any change change [s. 456.042, F.S.][s. 456.042, F.S.]
Mandatory fields:Mandatory fields: Primary practice addressPrimary practice address Secondary practice addressSecondary practice address Staff privilegesStaff privileges Other state licensureOther state licensure Year began practicing Year began practicing Education and trainingEducation and training Other health related degreesOther health related degrees Professional and postgraduate training Professional and postgraduate training Academic appointmentsAcademic appointments Specialty certificationSpecialty certification Financial responsibility Financial responsibility Criminal OffensesCriminal Offenses Final disciplinary action (multiple categories)Final disciplinary action (multiple categories) Actions on staff privilegesActions on staff privileges Liability claims Liability claims
Practitioner Profiles Practitioner Profiles continued . . .continued . . .
View the View the Practitioner’s Guide to Practitioner’s Guide to Completing and Updating the ProfileCompleting and Updating the Profile at at www.doh.state.fl.us/MQA/profilingwww.doh.state.fl.us/MQA/profiling
Moving or Closing Your Moving or Closing Your OfficeOffice
Steps to follow if you are moving or Steps to follow if you are moving or closing your office closing your office [s. 456.035, FS, s. 458.319, FS, s. [s. 456.035, FS, s. 458.319, FS, s. 458.327, FS, Rule 64B8-10.002, FAC]458.327, FS, Rule 64B8-10.002, FAC] Notify patientsNotify patients
Publish in newspaper once per week for 4 weeksPublish in newspaper once per week for 4 weeks Notice with specific information required Notice with specific information required Copy Board of Medicine with notice within 1 Copy Board of Medicine with notice within 1
monthmonth May place sign on facade of office location May place sign on facade of office location Where can copies of medical records be Where can copies of medical records be
requested?requested?
PrescriptionsPrescriptions
Do not pre-sign prescription padsDo not pre-sign prescription pads [s. 458.331(1)(aa), FS][s. 458.331(1)(aa), FS]
Know the legible prescription lawsKnow the legible prescription laws [s. 456.43, FS, s. 668, FS, and Rule [s. 456.43, FS, s. 668, FS, and Rule
64B8-3.005, FAC]64B8-3.005, FAC]
Medical RecordsMedical Records
Maintenance of records Maintenance of records [s. 458.331(1)(m), FS, Rule 64B8-[s. 458.331(1)(m), FS, Rule 64B8-
10.002, FAC]10.002, FAC]
Costs to reproduce medical records Costs to reproduce medical records [Rule 64B8-10.003, FAC][Rule 64B8-10.003, FAC]
Patient BoundariesPatient Boundaries
Sexual contact with a patient is Sexual contact with a patient is sexual misconduct and is a violationsexual misconduct and is a violation
[s. 458.331(1)(j), FS, s. 458.329, FS, [s. 458.331(1)(j), FS, s. 458.329, FS, Rule 64B8-9.008, FAC]Rule 64B8-9.008, FAC]
AdvertisingAdvertising
Pre-approve any advertisement of Pre-approve any advertisement of your services – disclaimer required your services – disclaimer required
[s. 456.062, FS, Rule 64B8-11, FAC][s. 456.062, FS, Rule 64B8-11, FAC]
Adverse IncidentsAdverse Incidents
Duty to notify patients about adverse Duty to notify patients about adverse incidents that result in serious harm incidents that result in serious harm to the patientto the patient
[s. 395.0197, FS, s. 395.1051, FS, s. [s. 395.0197, FS, s. 395.1051, FS, s. 456.0575, FS]456.0575, FS]
Internet PrescribingInternet Prescribing
Prescribing medications based solely Prescribing medications based solely on an electronic medical on an electronic medical questionnaire is a violation.questionnaire is a violation.
[s. 458.331(1)(t), FS, Rule 64B8-9.014, [s. 458.331(1)(t), FS, Rule 64B8-9.014, FAC]FAC]
Controlled Substance Controlled Substance PrescribingPrescribing
New lawsNew laws [s. 456.42, FS, s. 456.44, FS, Rule 64B8-[s. 456.42, FS, s. 456.44, FS, Rule 64B8-
9.013, FAC]9.013, FAC] Registration as a controlled substance Registration as a controlled substance
prescriberprescriber
Pain-Management laws Pain-Management laws [s. 458.3265, FS, Rule 64B8-9.0131, FAC][s. 458.3265, FS, Rule 64B8-9.0131, FAC]
Wrong Site/Person/Procedure Wrong Site/Person/Procedure SurgerySurgery
Pause and ensure you have the right Pause and ensure you have the right patient, right site, right procedurepatient, right site, right procedure
[s. 456.072(1)(bb), FS, Rule 64B8-9.007, [s. 456.072(1)(bb), FS, Rule 64B8-9.007, FAC]FAC]
Disciplinary Process Disciplinary Process
Grounds for disciplinary actionGrounds for disciplinary action S. 458.331(1), Florida Statutes S. 458.331(1), Florida Statutes S. 457.072(1), Florida Statutes S. 457.072(1), Florida Statutes http://www.leg.state.fl.us/statutes/http://www.leg.state.fl.us/statutes/
index.cfmindex.cfm
Disciplinary guidelines Disciplinary guidelines Rule 64B8-8.001, Florida Administrative Rule 64B8-8.001, Florida Administrative
Code Code https://www.flrules.org/Default.asphttps://www.flrules.org/Default.asp
DISCIPLINARY PROCESSDISCIPLINARY PROCESSComplaint
Agency
ProbableCause Panel
Selected by therespective
professional board from the
Department of Health
Dismissal/Closure
Case Disposition
ProsecutionAttorney Review
Investigation
Not DisputedFinal Order
ConsumerServices Unit
Closure/Referral to Other Agencies asNon-Jurisdictional OR
Closure as Legally Non-sufficient
Legal Services Section
Agency Director, If No formalProbable Cause Panel Exists
Administrative Complaint FiledWith Department
of Health
Election of RightsBy Licensee
No ProbableCause Found
ProbableCause Found
Findings:
Formal HearingBefore DOAH
(Contests Charges)
Informal HearingBefore Respective Board
(No Dispute)
Hearing WaivedBefore Respective Board
(No Dispute)
Stipulation/Settlementby Licensee to Respective
Board for Approval
Final Board Actionand Disposition
Final Order Imposing Discipline
Filed with Departmentof Health
Appeal ProceduresTo District Court
of Appeals
= Confidential
= Public Record
Citation
Mediation
2d CitationIssued
Implications of Disciplinary Implications of Disciplinary ActionAction
If you have licenses in multiple states and have If you have licenses in multiple states and have had action on a license in one state, you should had action on a license in one state, you should report that action to the other states. report that action to the other states.
Disciplinary action is reportable to the Healthcare Disciplinary action is reportable to the Healthcare Integrity Protection Databank, Federation of State Integrity Protection Databank, Federation of State Medical Boards, Drug Enforcement Agency and Medical Boards, Drug Enforcement Agency and the American Medical Association. the American Medical Association.
Disciplinary action may have an effect on medical Disciplinary action may have an effect on medical malpractice insurance, HMO coverage, staff malpractice insurance, HMO coverage, staff privileges and other state licensure.privileges and other state licensure.
How do I find Laws and How do I find Laws and RulesRules
Laws: Laws: http://www.leg.state.fl.us/statutes/http://www.leg.state.fl.us/statutes/
index.cfmindex.cfm Rules: Rules:
http://www.flrules.org/http://www.flrules.org/
QUESTIONS? QUESTIONS?
