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Florida Board of Medicine: Update and Overview James W. Orr, Jr., M.D. DATE.

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

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. 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 Judge Enforce legislation Enforce legislation Define quality Define quality License License Communicate Communicate

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 members Twelve physician members Three consumer members Three consumer members All Members of the Board are appointed by the Governor.

5 Leadership Rick Scott Governor John H. Armstrong, M.D. State Surgeon General Jason J. Rosenberg, M.D. Chairman Board of Medicine Licensure Decisions Probable Cause Determinations Discipline Decisions Practice Standards Lucy Gee Division Director Medical Quality Assurance Licensure/Exam Services Complaint/Investigation Services Prosecution Services

6 Accessing Information Board of Medicine web page Board of Medicine web page Board of Medicine Interested Parties List (Mailman) Board of Medicine Interested Parties List (Mailman) Go to website above to sign up Go to website above to sign up Address, telephone, fax and Address, telephone, fax and Bald Cypress Way, Bin C03, Tallahassee, FL Bald Cypress Way, Bin C03, Tallahassee, FL (850) (850) (850) (850)

7 Meetings The Board of Medicine meets 6 times per year to handle hearings and Board business (February, April, June, August, October, December) 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. All meetings are open to the public and physicians may receive CME credit for attending one of the Board Meetings.

8 Top 10 Things Physicians Do that Can Get them in Trouble Practitioner profiles Practitioner profiles Moving or closing your office Moving or closing your office Prescriptions Prescriptions Medical records Medical records Patient boundaries Patient boundaries Advertising Advertising Adverse incidents Adverse incidents Internet prescribing Internet prescribing Controlled substance prescribing Controlled substance prescribing Wrong Site/Person/Procedure Surgery Wrong Site/Person/Procedure Surgery

9 Practitioner Profiles Must be updated within 15 days of any change [s , F.S.] Must be updated within 15 days of any change [s , F.S.] Mandatory fields: Mandatory fields: Primary practice address Primary practice address Secondary practice address Secondary practice address Staff privileges Staff privileges Other state licensure Other state licensure Year began practicing Year began practicing Education and training Education and training Other health related degrees Other health related degrees Professional and postgraduate training Professional and postgraduate training Academic appointments Academic appointments Specialty certification Specialty certification Financial responsibility Financial responsibility Criminal Offenses Criminal Offenses Final disciplinary action (multiple categories) Final disciplinary action (multiple categories) Actions on staff privileges Actions on staff privileges Liability claims Liability claims

10 Practitioner Profiles continued... View the Practitioners Guide to Completing and Updating the Profile at View the Practitioners 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] Steps to follow if you are moving or closing your office [s , FS, s , FS, s , FS, Rule 64B , FAC] Notify patients Notify patients Publish in newspaper once per week for 4 weeks Publish 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 month Copy Board of Medicine with notice within 1 month May place sign on facade of office location May place sign on facade of office location Where can copies of medical records be requested? Where can copies of medical records be requested?

12 Prescriptions Do not pre-sign prescription pads Do not pre-sign prescription pads [s (1)(aa), FS] [s (1)(aa), FS] Know the legible prescription laws Know the legible prescription laws [s , FS, s. 668, FS, and Rule 64B , FAC] [s , FS, s. 668, FS, and Rule 64B , FAC]

13 Medical Records Maintenance of records Maintenance of records [s (1)(m), FS, Rule 64B , FAC] [s (1)(m), FS, Rule 64B , FAC] Costs to reproduce medical records Costs to reproduce medical records [Rule 64B , FAC] [Rule 64B , FAC]

14 Patient Boundaries Sexual contact with a patient is sexual misconduct and is a violation Sexual contact with a patient is sexual misconduct and is a violation [s (1)(j), FS, s , FS, Rule 64B , FAC] [s (1)(j), FS, s , FS, Rule 64B , FAC]

15 Advertising Pre-approve any advertisement of your services – disclaimer required Pre-approve any advertisement of your services – disclaimer required [s , FS, Rule 64B8-11, FAC] [s , FS, Rule 64B8-11, FAC]

16 Adverse Incidents Duty to notify patients about adverse incidents that result in serious harm to the patient Duty to notify patients about adverse incidents that result in serious harm to the patient [s , FS, s , FS, s , FS] [s , FS, s , FS, s , FS]

17 Internet Prescribing Prescribing medications based solely on an electronic medical questionnaire is a violation. Prescribing medications based solely on an electronic medical questionnaire is a violation. [s (1)(t), FS, Rule 64B , FAC] [s (1)(t), FS, Rule 64B , FAC]

18 Controlled Substance Prescribing New laws New laws [s , FS, s , FS, Rule 64B , FAC] [s , FS, s , FS, Rule 64B , FAC] Registration as a controlled substance prescriber Registration as a controlled substance prescriber Pain-Management laws Pain-Management laws [s , FS, Rule 64B , FAC] [s , FS, Rule 64B , FAC]

19 Wrong Site/Person/Procedure Surgery Pause and ensure you have the right patient, right site, right procedure Pause and ensure you have the right patient, right site, right procedure [s (1)(bb), FS, Rule 64B , FAC] [s (1)(bb), FS, Rule 64B , FAC]

20 Disciplinary Process Grounds for disciplinary action Grounds for disciplinary action S (1), Florida Statutes S (1), Florida Statutes S (1), Florida Statutes S (1), Florida Statutes Disciplinary guidelines Disciplinary guidelines Rule 64B , Florida Administrative Code Rule 64B , Florida Administrative Code https://www.flrules.org/Default.asp https://www.flrules.org/Default.asp

21 DISCIPLINARY PROCESS Complaint Agency Probable Cause Panel Selected by the respective professional board from the Department of Health Dismissal/ Closure Case Disposition Prosecution Attorney Review Investigation Not Disputed Final Order Consumer Services Unit Closure/Referral to Other Agencies as Non-Jurisdictional OR Closure as Legally Non-sufficient Legal Services Section Agency Director, If No formal Probable Cause Panel Exists Administrative Complaint Filed With Department of Health Election of Rights By Licensee No Probable Cause Found Probable Cause Found Findings: Formal Hearing Before DOAH (Contests Charges) Informal Hearing Before Respective Board (No Dispute) Hearing Waived Before Respective Board (No Dispute) Stipulation/Settlement by Licensee to Respective Board for Approval Final Board Action and Disposition Final Order Imposing Discipline Filed with Department of Health Appeal Procedures To District Court of Appeals = Confidential = Public Record Citation Mediation 2d Citation Issued

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

23 How do I find Laws and Rules Laws: Laws: Rules: Rules:

24 QUESTIONS?


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