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Florida Board of Medicine: Update and Overview

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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Florida Board of Medicine: Update and Overview

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  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 • 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 • MQA_Medicine@doh.state.fl.us

  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.

  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. 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

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

  11. 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?

  12. 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]

  13. 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]

  14. 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]

  15. Advertising • Pre-approve any advertisement of your services – disclaimer required • [s. 456.062, FS, Rule 64B8-11, FAC]

  16. 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]

  17. 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]

  18. 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]

  19. 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]

  20. 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

  21. 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

  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 • Laws: • http://www.leg.state.fl.us/statutes/index.cfm • Rules: • http://www.flrules.org/

  24. QUESTIONS?

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