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Florida Board of Medicine: Update and Overview

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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 Trouble Disciplinary Process & Implications 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. Judge Enforce legislation Define quality License 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 Three consumer members All Members of the Board are appointed by the Governor.

5 Leadership

6 Accessing Information
Board of Medicine web page Board of Medicine Interested Parties List (Mailman) Go to website above to sign up Address, telephone, fax and 4052 Bald Cypress Way, Bin C03, Tallahassee, FL (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) 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 profiles Moving or closing your office Prescriptions Medical records Patient boundaries Advertising Adverse incidents Internet prescribing Controlled substance prescribing Wrong Site/Person/Procedure Surgery

9 Practitioner Profiles
Must be updated within 15 days of any change [s , 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 Some 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 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?

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

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

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

17 Internet Prescribing Prescribing 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 prescriber Pain-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 Statutes S (1), Florida Statutes Disciplinary guidelines Rule 64B , Florida Administrative Code https://www.flrules.org/Default.asp This is where you find the statutes that outline the various types of violations and penalties.

21 DISCIPLINARY PROCESS = Confidential = Public Record
Mediation Not Disputed Final Order = Confidential = Public Record Complaint 2d Citation Issued Agency Consumer Services 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 This 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 Stats Informal Hearing Before Respective Board (No Dispute) Final Board Action and Disposition Findings: Case Disposition Hearing Waived Before Respective Board (No Dispute) Final Order Imposing Discipline Filed with Department of Health 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

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.

23 How do I find Laws and Rules
Rules:

24 QUESTIONS?


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