Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-7 - PAIN MANAGEMENT CLINICS › Section 64B-7.002 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) In imposing
				discipline on a pain-management clinic, its owner, designated physician or
				other persons as particularly indicated in paragraphs (2)(a) through (hh), the
				department shall act in accordance with these disciplinary guidelines and shall
				impose a penalty within the range corresponding to the severity and repetition
				of the violations unless the department finds it necessary to deviate from the
				guidelines in accordance with this rule. Any and all offenses listed are
				sufficient grounds for the initial refusal of registration to an applicant. The
				department shall recover the costs of the investigation and prosecution of the
				case as well as imposing the appropriate penalty. In addition to any other
				penalty, if the violation includes proof of intentional fraud or fraudulent
				misrepresentation, the department shall impose a penalty of $10, 000 per count
				or offense. When the penalty is suspension, the period of suspension for the
				registration of the clinic shall not exceed one year.
(2) Violations and Range of Penalties:
(a) A clinic whose owner or designated
				physician has failed to comply with any requirement of Chapter 499, the Florida
				Drug and Cosmetic Act; 21
				U.S.C. ss. 301-392, the Federal
				Food, Drug, and Cosmetic Act;
				21 U.S.C. ss.
				821 et seq., the Drug Abuse Prevention and
				Control Act; or Chapter 893, the Florida Comprehensive Drug Abuse Prevention
				and Control Act (Sections
				458.3265(5)(a),
				459.0137(5)(a),
				F.S.). First offense - a fine of up to $5, 000 per violation and six months
				probation to one year suspension or revocation. For a subsequent offense, a
				fine of up to $5, 000 per violation and a minimum of one year suspension to
				revocation.
(b) An owner-operated
				clinic whose designated physician has knowingly and intentionally
				misrepresented actions taken to correct a violation (Sections
				458.3265(5)(c),
				459.0137(5)(c),
				F.S.). First offense - a fine of up to $5, 000 and up to revocation. For a
				subsequent offense, a fine of $5, 000 and revocation. For a clinic not
				owner-operated, for a first offense a fine of up to $5, 000. For a subsequent
				offense, a fine of $5, 000.
(c) An
				owner or designated physician who has concurrently operated an unregistered
				pain-management clinic (Sections
				458.3265(5)(d),
				459.0137(5)(d),
				F.S.). First offense - a fine of $5, 000 per day. For a subsequent offense, a
				fine of $5, 000 per day.
(d) An
				owner who has failed to apply to register a clinic that requires registration
				upon change of ownership and has operated the clinic under new ownership
				(Sections 458.3265(5)(e),
				459.0137(5)(e),
				F.S.). First offense - a fine of up to $5, 000. For a subsequent offense, a
				fine of $5, 000.
(e) A clinic whose
				owner or designated physician has aided, assisted, procured, employed or
				advised any unlicensed person or entity to practice contrary to Chapter 458,
				459, or the rules of the department or the appropriate board (Section
				456.072(1)(j),
				F.S.). First offense - a fine of $5, 000 and/or up to one year suspension or
				revocation. For a subsequent offense, a fine of $5, 000 per violation and
				revocation.
(f) A clinic whose
				owner or designated physician has registered a pain-management clinic through
				misrepresentation, fraud, or by making a false or fraudulent representation
				(Section 456.072(2)(d),
				F.S.). A fine of $10, 000 per count or offense and up to one year suspension or
				revocation.
(g) A clinic whose
				owner or designated physician has been convicted of or pled guilty or nolo
				contendere to, regardless of adjudication, an offense that constitutes a felony
				for receipt of illicit and diverted drugs, including a controlled substance
				listed in Schedule I, II, III, IV or V of Section
				893.03, F.S., in this state, any
				other state, or the United States (Sections
				458.3265(1)(e) and
				(f),
				459.0137(1)(e) and
				(f), F.S). Revocation unless more than ten
				years have passed since the conviction and the owner has received recognition
				from the Governor for providing extraordinary service to the state.
(h) A clinic whose owner or designated
				physician has been convicted of, or entered a plea of guilty or nolo contendere
				to, regardless of adjudication, a crime in any jurisdiction of the courts of
				this state, of any other state, or of the United States which relates to the
				practice of, or the ability to practice, a licensed health care profession
				(Section 456.072(1)(c),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension or
				revocation. For a subsequent offense, a fine of $5, 000 and
				revocation.
(i) A clinic whose
				owner or designated physician has been convicted of, or entered a plea of
				guilty or nolo contendere to, regardless of adjudication, a crime in any
				jurisdiction of the courts of this state, of any other state, or of the United
				States which relates to health care fraud (Sections
				456.072(1)(ll),
				F.S.). First offense, a fine of $10, 000 and up to one year suspension or
				revocation. For a subsequent offense, a fine of $10, 000 and
				revocation.
(j) A clinic whose
				owner or designated physician has been convicted of, or entered a plea of
				guilty or nolo contendere to, any misdemeanor or felony, regardless of
				adjudication, under 18
				U.S.C. s. 669, ss.
				285-287, s.
				371, s.
				1001, s.
				1035, s.
				1341, s.
				1343, s.
				1347, s.
				1349, or s.
				1518, or
				42 U.S.C. ss.
				1320a-7b, relating to the Medicaid program
				(Section 456.072(1)(ii),
				F.S.). First offense, a fine of up to $5, 000 and one year suspension to
				revocation. For a subsequent offense, a fine of $5, 000 and
				revocation.
(k) A clinic whose
				owner has failed to timely notify the department of the date that the
				designated physician has terminated from a pain-management clinic as required
				by Section 458.3265(1)(c)
				or 459.0137(1)(c),
				F.S. (Sections 458.3265(5)(a),
				459.0137(5)(a),
				F.S.). First offense, a fine of up to $3, 500. For a subsequent offense, a fine
				of up to $5, 000.
(l) A clinic
				whose owner or designated physician has promoted or advertised through any
				communication media the use, sale, or dispensing of any controlled substance
				appearing on any schedule in Chapter 893, F.S. (Sections
				458.331(1)(qq),
				459.015(1)(ss),
				F.S.). First offense, a fine of up to $5, 000 and a reprimand and six months to
				one year suspension. For a subsequent offense, a fine of up to $5, 000 and up
				to one year suspension or revocation.
(m) A clinic whose owner or designated
				physician has made misleading, deceptive, or fraudulent representations in or
				related to the practice (Section
				456.072(1)(a),
				F.S.). First offense, a fine of $10, 000 and from a reprimand to one year
				suspension. For a subsequent offense, a fine of $10, 000 and one year
				suspension or revocation.
(n) A
				clinic whose owner or designated physician has intentionally violated any rule
				adopted by the board or the department as appropriate (Section
				456.072(1)(b),
				F.S.). First offense, a fine of up to $5, 000 and from one year probation up to
				one year suspension or revocation. For a subsequent offense, a fine of $5, 000
				and up to one year suspension or revocation.
(o) A clinic whose owner or designated
				physician or clinic owner whose designated physician has experienced having a
				license or the authority to practice any regulated profession revoked,
				suspended, or otherwise acted against, including denial, by the licensing
				authority of any jurisdiction for what would be a violation under Florida law
				(Section 456.072(1)(f),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension or
				revocation considering what the penalty would have been had the offense
				occurred in Florida. For a subsequent offense, a fine of up to $5, 000 and up
				to one year suspension or revocation considering what the penalty would have
				been had the subsequent offense occurred in Florida.
(p) A clinic whose owner or designated
				physician or clinic owner whose designated physician has attempted to obtain or
				has obtained the registration by bribery, by fraudulent misrepresentation, or
				through an error of the department or a board (Section
				456.072(1)(h),
				F.S.). First offense not involving fraudulent misrepresentation, a fine of up
				to $5, 000 and up to one year suspension or revocation. For a subsequent
				offense not involving fraudulent misrepresentation, a fine of up to $5, 000 and
				one year suspension or revocation. The fine portion of the penalty is $10, 000
				for an offense involving fraudulent misrepresentation.
(q) A clinic whose owner or designated
				physician has failed to report to the department any person known to be in
				violation of Chapter 456, 458 or 459, F.S., or the rules of the department or
				board (Section 456.072(1)(i),
				F.S.). First offense, a fine of up to $3, 000 and up to one year suspension.
				For a subsequent offense, a fine of up to $5, 000 and one year suspension or
				revocation.
(r) A clinic whose
				owner or designated physician has failed to perform any statutory or legal
				obligation (Section 456.072(1)(k),
				F.S.). First offense, from a fine of up to $5, 000 and/or from a three month to
				one year suspension. For a subsequent offense, a fine of up to $5, 000 and from
				one year probation to one year suspension or revocation.
(s) A clinic whose designated physician on
				behalf of the registered clinic has made or filed a report known to be false,
				intentionally or negligently failed to file a report required by state or
				federal law, or willfully impeded or obstructed another from filing. Such
				reports or records shall include only those signed on behalf or in the capacity
				of a registered clinic (Section
				456.072(1)(l),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension.
				For a subsequent offense, a fine of $5, 000 and up to one year suspension or
				revocation. The fine portion of the penalty is $10, 000 for an offense
				involving a false or fraudulent representation.
(t) A clinic whose owner or designated
				physician has made deceptive, untrue, or fraudulent representations or employed
				a trick or scheme related to the operation of the business (Section
				456.072(1)(m),
				F.S.). First offense, a fine of up to $5, 000 and/or probation to one year
				suspension or revocation. For a subsequent offense, a fine of $5, 000 and
				revocation. The fine portion of the penalty is $10, 000 for an offense
				involving deceptive, untrue or fraudulent representation.
(u) A clinic whose designated physician or
				practicing physician has exercised influence on a patient or client for the
				purpose of financial gain of the clinic licensee or a third party (Section
				456.072(1)(n),
				F.S.). First offense, a fine of up to $5, 000 and from one year probation to
				one year suspension or revocation. For a subsequent offense, a fine of up to
				$5, 000 and one year suspension or revocation.
(v) A clinic whose physician or other
				employee has practiced or offered to practice beyond the scope permitted by law
				or has accepted and performed professional responsibilities that the owner
				and/or designated physician know that the clinic employee is not competent to
				perform (Section 456.072(1)(o),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension or
				revocation. For a subsequent offense, a fine of up to $5, 000 and
				revocation.
(w) A clinic whose
				owner or designated physician or clinic owner whose designated physician has
				delegated or contracted for the performance of professional responsibilities by
				a person when the owner or designated physician delegating or contracting for
				performance of the responsibilities knows, or has reason to know that the
				person is not qualified by training, experience, and authorization to perform
				when required to perform them (Section
				456.072(1)(p),
				F.S.). First offense, a fine of up to $5, 000 and from one year probation to up
				to one year suspension or revocation. For a subsequent offense, a fine of up to
				$5, 000 and one year suspension or revocation.
(x) A clinic whose owner or designated
				physician has violated an order of the department or the appropriate board, or
				has failed to comply with subpoena of the department (Section
				456.072(1)(q),
				F.S.). First offense, a fine of up to $5, 000 and from a reprimand to up to one
				year suspension. For a subsequent offense, a fine of $5, 000 and one year
				suspension or revocation.
(y) A
				clinic whose owner or designated physician or clinic owner whose designated
				physician has improperly interfered with an investigation, inspection, or
				disciplinary proceeding (Section
				456.072(1)(r),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension or
				revocation. For a subsequent offense, a fine of $5, 000 and
				revocation.
(z) A clinic whose
				practicing physician or other health care practitioner has failed to identify
				through written notice, which may include the wearing of a name tag, or orally
				to a patient the type of license under which the practitioner is practicing at
				the clinic (Section 456.072(1)(t),
				F.S.). First offense, a fine of up to $2, 500 and/or up to a three month
				suspension. For a subsequent offense, a fine of up to $5, 000 and up to one
				year of suspension of registration.
(aa) A clinic whose designated physician and
				the designated physician who has failed to comply with Sections
				381.026 and
				381.0261, F.S., requirements to
				provide patients with information about patient rights and how to file a
				patient complaint (Section
				456.072(1)(u),
				F.S.). First offense, a fine of up to $3, 500 and a reprimand up to a six month
				suspension. For a second offense, a fine of up to $5, 000 and from one year
				probation to up to one year suspension. For a subsequent offense, a fine of $5,
				000 and one year suspension or revocation.
(bb) A clinic whose owner or designated
				physician or clinic owner whose designated physician has failed to report to
				the department in writing within 30 days after having been convicted or found
				guilty of, or entered a plea of nolo contendere to, regardless of adjudication,
				a crime in any jurisdiction (Section
				456.072(1)(x),
				F.S.). First offense, a fine of up to $2, 500 and up to a six month suspension.
				For a subsequent offense, a fine of $5, 000 and one year suspension or
				revocation.
(cc) A clinic whose
				owner or designated physician has violated any applicable provision of Chapter
				456, 458 or 459, F.S., or the rules of these chapters (Section
				456.072(1)(dd),
				F.S.). First offense, from a fine of up to $5, 000 and from six months
				probation to one year suspension. For a subsequent offense, a fine of up to $5,
				000 and up to a one year suspension or revocation.
(dd) A clinic whose designated physician or
				practicing physician has, with respect to making a personal injury protection
				claim as required by Section
				627.736, F.S., intentionally
				submitted a claim, statement, or bill that has been "upcoded" as defined in
				Section 627.732, F.S. (Section
				456.072(1)(ee),
				F.S.). First offense, a fine of up to $5, 000 and from a reprimand up to one
				year suspension. For a subsequent offense, a fine of up to $5, 000 and up to
				one year suspension or revocation.
(ee) A clinic whose designated physician or
				practicing physician has, with respect to making a personal injury protection
				claim as required by Section
				627.736, F.S., intentionally
				submitted a claim, statement, or bill for payment of services that were not
				rendered (Section 456.072(1)(ff),
				F.S.). First offense, a fine of up to $5, 000 and from one year of probation to
				revocation. For a subsequent offense, a fine of up to $5, 000 and one year
				suspension or revocation.
(ff) A
				clinic whose designated physician or practicing physician has engaged in a
				pattern of practice when prescribing drugs or controlled substances which
				demonstrates a lack of reasonable skill and safety to patients or a violation
				of Chapter 456, 458 or 459, F.S., or any applicable rules (Section
				456.072(1)(gg),
				F.S.). First offense, a fine of up to $5, 000 and up to one year suspension or
				revocation. For a subsequent offense, a fine of up to $5, 000 and one year
				suspension or revocation.
(gg) A
				clinic or owner whose designated physician or practicing physician has failed
				to remit the sum owed to the state for an overpayment from the Medicaid program
				pursuant to a final order, judgment, or stipulation or settlement (Section
				456.072(1)(jj),
				F.S.). First offense, from a minimum fine equal to the lesser of the amount
				owed to the state for an overpayment or up to $5, 000 and from 6 months
				probation to one year suspension or revocation. For a subsequent offense, a
				fine of up to $5, 000 and up to a one year suspension or revocation.
(hh) A clinic whose designated physician or
				practicing physician has been terminated from the state Medicaid program, any
				other state Medicaid program, or the federal Medicare program, unless
				eligibility has been restored (Section
				456.072(1)(kk),
				F.S.). First offense, from a fine of up to $5, 000 and from one year suspension
				to revocation. For a subsequent offense, a fine of $5, 000 and
				revocation.