16 Revised 12/5/2024 - New Board Members Handbook Examples of complaints not investigated n Fee disputes (broken or missed appointments) o Examples: Fees charged for no-show appointments, charging for services not covered by insurance, charging amounts patient thinks are too much n Billing disputes o Examples: Not billing insurance, charging amounts patient thinks are too much n Personality conflicts, bedside manner or rudeness of practitioner o Examples: Discharging a patient from the practice, using offensive terms or language, not complying with patient demands, failure to return telephone calls to patient or patient’s family Compliance monitoring The Compliance Management Unit (CMU) is responsible for ensuring that licensees comply with the terms and penalties imposed in final orders issued by the boards, councils and Department. Compliance officers analyze all final orders, enter terms and update license status in Licensing & Enforcement Information Database System (LEIDS). Compliance officers: n Monitor compliance with all Final Orders of the Boards (all disciplinary orders, disciplinary and non- disciplinary citations). n Issue Disciplinary Enforcement Requests to ISU for probationers. n Refer past-due accounts for collections. Refer violations of Final Orders to CSU to initiate a new complaint. n Prepare agenda materials for board meetings. n Enter all final order requirements into MQA database. n Send compliance packet outlining terms of the final order to each licensee. 4.2 The Disciplinary Process Emergency Suspension/Restriction Preliminary materials in Priority 1 and 2 cases are transmitted to Emergency Action Unit (EAU) at the same time they are transmitted to the field for investigation. They are assigned to an attorney for immediate evaluation to determine whether there is enough evidence to warrant an Order Compelling Examination (OCE) or Emergency Suspension Order/ Emergency Restriction Order (ESO/ERO) prior to the official completion of the investigation. An OCE is an order that requires the licensee to submit to an evaluation to determine whether the licensee is safe to practice. ESOs/EROs are issued to either suspend or restrict the licensees practice because the licensee is unsafe to practice. OCE’s, ESO’s and ERO’s are drafted by the assigned attorney and signed by the State Surgeon General. The Probable Cause Panel is not involved in the process. The complaint must be heard by the probable cause panel within 20 days after the emergency action is filed. After considering the complaint and the Department’s investigation, the panel may direct the Department to file a formal administrative complaint charging this health care practitioner with a violation of the Florida Statutes, or the panel may dismiss the case. Priority 1 and 2 cases involve arrests with underlying allegations that are related to overprescribing, inappropriate prescribing, or inappropriate dispensing/compounding; sexual assault or sexual battery on a patient; assault or battery on a patient; allegation of gross substandard care leading to serious injury or death to a patient; and impairment in practice setting. Emergency action based upon immediate serious danger occurs due to the underlying conduct establishing that someone poses a danger; a conviction is a function of the criminal system and is not necessarily an indicator that someone is dangerous to the public.
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