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
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?