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Florida Board of Medicine: Update and Overview . James W. Orr, Jr., M.D. DATE. Overview. Introduction to the Board of Medicine Top 10 Things Physicians Do that Can Get them in Trouble Disciplinary Process & Implications Questions. Who is the Board of Medicine?.

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Presentation Transcript

Overview
Overview

  • Introduction to the Board of Medicine

  • Top 10 Things Physicians Do that Can Get them in Trouble

  • Disciplinary Process & Implications

  • Questions


Who is the board of medicine
Who is the Board of Medicine?

  • Mission: To protect and promote the health of all residents and visitors in the state through organized state and community efforts, including cooperative agreements with counties.

  • Judge

    • Enforce legislation

    • Define quality

  • License

  • Communicate


Medical board structure
Medical Board Structure

The Medical Board is a group of volunteers who are charged with upholding the Medical Practice Act for the State of Florida.

  • Twelve physician members

  • Three consumer members

    All Members of the Board are appointed by the Governor.



Accessing information
Accessing Information

  • Board of Medicine web page

    • http://www.doh.state.fl.us/mqa/medical/

    • Board of Medicine Interested Parties List (Mailman)

      • Go to website above to sign up

    • Address, telephone, fax and email

      • 4052 Bald Cypress Way, Bin C03, Tallahassee, FL 32399

      • (850) 245-4131

      • (850) 488-0596

      • [email protected]


Meetings
Meetings

  • The Board of Medicine meets 6 times per year to handle hearings and Board business (February, April, June, August, October, December)

  • All meetings are open to the public and physicians may receive CME credit for attending one of the Board Meetings.


Top 10 things physicians do that can get them in trouble
Top 10 Things Physicians Do that Can Get them in Trouble

  • Practitioner profiles

  • Moving or closing your office

  • Prescriptions

  • Medical records

  • Patient boundaries

  • Advertising

  • Adverse incidents

  • Internet prescribing

  • Controlled substance prescribing

  • Wrong Site/Person/Procedure Surgery


Practitioner profiles
Practitioner Profiles

  • Must be updated within 15 days of any change [s. 456.042, F.S.]

    • Mandatory fields:

      • Primary practice address

      • Secondary practice address

      • Staff privileges

      • Other state licensure

      • Year began practicing

      • Education and training

      • Other health related degrees

      • Professional and postgraduate training

      • Academic appointments

      • Specialty certification

      • Financial responsibility

      • Criminal Offenses

      • Final disciplinary action (multiple categories)

      • Actions on staff privileges

      • Liability claims


Practitioner profiles continued
Practitioner Profiles continued . . .

  • View the Practitioner’s Guide to Completing and Updating the Profile at www.doh.state.fl.us/MQA/profiling


Moving or closing your office
Moving or Closing Your Office

  • Steps to follow if you are moving or closing your office [s. 456.035, FS, s. 458.319, FS, s. 458.327, FS, Rule 64B8-10.002, FAC]

    • Notify patients

      • Publish in newspaper once per week for 4 weeks

      • Notice with specific information required

      • Copy Board of Medicine with notice within 1 month

      • May place sign on facade of office location

      • Where can copies of medical records be requested?


Prescriptions
Prescriptions

  • Do not pre-sign prescription pads

    • [s. 458.331(1)(aa), FS]

  • Know the legible prescription laws

    • [s. 456.43, FS, s. 668, FS, and Rule 64B8-3.005, FAC]


Medical records
Medical Records

  • Maintenance of records

    • [s. 458.331(1)(m), FS, Rule 64B8-10.002, FAC]

  • Costs to reproduce medical records

    • [Rule 64B8-10.003, FAC]


Patient boundaries
Patient Boundaries

  • Sexual contact with a patient is sexual misconduct and is a violation

    • [s. 458.331(1)(j), FS, s. 458.329, FS, Rule 64B8-9.008, FAC]


Advertising
Advertising

  • Pre-approve any advertisement of your services – disclaimer required

    • [s. 456.062, FS, Rule 64B8-11, FAC]


Adverse incidents
Adverse Incidents

  • Duty to notify patients about adverse incidents that result in serious harm to the patient

    • [s. 395.0197, FS, s. 395.1051, FS, s. 456.0575, FS]


Internet prescribing
Internet Prescribing

  • Prescribing medications based solely on an electronic medical questionnaire is a violation.

    • [s. 458.331(1)(t), FS, Rule 64B8-9.014, FAC]


Controlled substance prescribing
Controlled Substance Prescribing

  • New laws

    • [s. 456.42, FS, s. 456.44, FS, Rule 64B8-9.013, FAC]

    • Registration as a controlled substance prescriber

  • Pain-Management laws

    • [s. 458.3265, FS, Rule 64B8-9.0131, FAC]


Wrong site person procedure surgery
Wrong Site/Person/Procedure Surgery

  • Pause and ensure you have the right patient, right site, right procedure

    • [s. 456.072(1)(bb), FS, Rule 64B8-9.007, FAC]


Disciplinary process
Disciplinary Process

  • Grounds for disciplinary action

    • S. 458.331(1), Florida Statutes

    • S. 457.072(1), Florida Statutes

    • http://www.leg.state.fl.us/statutes/index.cfm

  • Disciplinary guidelines

    • Rule 64B8-8.001, Florida Administrative Code

    • https://www.flrules.org/Default.asp


DISCIPLINARY PROCESS

Mediation

Not Disputed

Final Order

= Confidential

= Public Record

Complaint

2d Citation

Issued

Agency

ConsumerServices Unit

Closure/Referral to Other Agencies as

Non-Jurisdictional OR

Closure as Legally Non-sufficient

Investigation

Probable

Cause Panel

Selected by the

respective

professional board

from the

Department of Health

Prosecution

Attorney Review

Legal Services Section

Citation

Formal Hearing

Before DOAH

(Contests Charges)

Agency Director, If No formal

Probable Cause Panel Exists

Informal Hearing

Before Respective Board

(No Dispute)

Final Board Action

and Disposition

Findings:

Case Disposition

Final Order

Imposing Discipline

Filed with Department

of Health

Hearing Waived

Before Respective Board

(No Dispute)

No Probable

Cause Found

Probable

Cause Found

Dismissal/

Closure

Administrative Complaint Filed

With Department

of Health

Election of Rights

By Licensee

Stipulation/Settlement

by Licensee to Respective

Board for Approval

Appeal Procedures

To District Court

of Appeals


Implications of disciplinary action
Implications of Disciplinary Action

  • If you have licenses in multiple states and have had action on a license in one state, you should report that action to the other states.

  • Disciplinary action is reportable to the Healthcare Integrity Protection Databank, Federation of State Medical Boards, Drug Enforcement Agency and the American Medical Association.

  • Disciplinary action may have an effect on medical malpractice insurance, HMO coverage, staff privileges and other state licensure.


How do i find laws and rules
How do I find Laws and Rules

  • Laws:

    • http://www.leg.state.fl.us/statutes/index.cfm

  • Rules:

    • http://www.flrules.org/



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