Presentation on theme: "Florida Board of Medicine: Update and Overview"— Presentation transcript:
1 Florida Board of Medicine: Update and Overview James W. Orr, Jr., M.D.DATE
2 Overview Introduction to the Board of Medicine Top 10 Things Physicians Do that Can Get them in TroubleDisciplinary Process & ImplicationsQuestions
3 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.JudgeEnforce legislationDefine qualityLicenseCommunicate
4 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 membersThree consumer membersAll Members of the Board are appointed by the Governor.
6 Accessing Information Board of Medicine web pageBoard of Medicine Interested Parties List (Mailman)Go to website above to sign upAddress, telephone, fax and4052 Bald Cypress Way, Bin C03, Tallahassee, FL(850)(850)
7 MeetingsThe 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.Physicians may receive 5 hours CME in the area of risk management/ethics by attending a full day of disciplinary hearings. Must arrive at 8:00 am and sign in with Board Staff at the meeting.
8 Top 10 Things Physicians Do that Can Get them in Trouble Practitioner profilesMoving or closing your officePrescriptionsMedical recordsPatient boundariesAdvertisingAdverse incidentsInternet prescribingControlled substance prescribingWrong Site/Person/Procedure Surgery
9 Practitioner Profiles Must be updated within 15 days of any change [s , F.S.]Mandatory fields:Primary practice addressSecondary practice addressStaff privilegesOther state licensureYear began practicingEducation and trainingOther health related degreesProfessional and postgraduate trainingAcademic appointmentsSpecialty certificationFinancial responsibilityCriminal OffensesFinal disciplinary action (multiple categories)Actions on staff privilegesLiability claimsSome fields can be changed online, others have to be sent in for staff to update.
10 Practitioner Profiles continued . . . View the Practitioner’s Guide to Completing and Updating the Profile at
11 Moving or Closing Your Office Steps to follow if you are moving or closing your office [s , FS, s , FS, s , FS, Rule 64B , FAC]Notify patientsPublish in newspaper once per week for 4 weeksNotice with specific information requiredCopy Board of Medicine with notice within 1 monthMay place sign on facade of office locationWhere can copies of medical records be requested?
12 Prescriptions Do not pre-sign prescription pads [s (1)(aa), FS]Know the legible prescription laws[s , FS, s. 668, FS, and Rule 64B , FAC]
13 Medical Records Maintenance of records [s (1)(m), FS, Rule 64B , FAC]Costs to reproduce medical records[Rule 64B , FAC]
14 Patient BoundariesSexual contact with a patient is sexual misconduct and is a violation[s (1)(j), FS, s , FS, Rule 64B , FAC]
15 AdvertisingPre-approve any advertisement of your services – disclaimer required[s , FS, Rule 64B8-11, FAC]
16 Adverse IncidentsDuty to notify patients about adverse incidents that result in serious harm to the patient[s , FS, s , FS, s , FS]
17 Internet PrescribingPrescribing medications based solely on an electronic medical questionnaire is a violation.[s (1)(t), FS, Rule 64B , FAC]
18 Controlled Substance Prescribing New laws[s , FS, s , FS, Rule 64B , FAC]Registration as a controlled substance prescriberPain-Management laws[s , FS, Rule 64B , FAC]
19 Wrong Site/Person/Procedure Surgery Pause and ensure you have the right patient, right site, right procedure[s (1)(bb), FS, Rule 64B , FAC]
20 Disciplinary Process Grounds for disciplinary action S (1), Florida StatutesS (1), Florida StatutesDisciplinary guidelinesRule 64B , Florida Administrative Codehttps://www.flrules.org/Default.aspThis is where you find the statutes that outline the various types of violations and penalties.
21 DISCIPLINARY PROCESS = Confidential = Public Record MediationNot DisputedFinal Order= Confidential= Public RecordComplaint2d CitationIssuedAgencyConsumer Services UnitClosure/Referral to Other Agencies asNon-Jurisdictional ORClosure as Legally Non-sufficientInvestigationProbableCause PanelSelected by therespectiveprofessional boardfrom theDepartment of HealthProsecutionAttorney ReviewLegal Services SectionCitationFormal HearingBefore DOAH(Contests Charges)Agency Director, If No formalProbable Cause Panel ExistsThis flow chart outlines the process a complaint goes through from when it’s filed until closed – either confidentially because no violation was found or closed through issuance of a citation or a Final Order issued by the Board.07-08 Annual Report StatsInformal HearingBefore Respective Board(No Dispute)Final Board Actionand DispositionFindings:Case DispositionHearing WaivedBefore Respective Board(No Dispute)Final OrderImposing DisciplineFiled with Departmentof HealthNo ProbableCause FoundProbableCause FoundDismissal/ClosureAdministrative Complaint FiledWith Departmentof HealthElection of RightsBy LicenseeStipulation/Settlementby Licensee to RespectiveBoard for ApprovalAppeal ProceduresTo District Courtof Appeals
22 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.