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Consent Form for this procedure. The physician did NOT mark the correct site or side of body and placed the patient on the table with her left hip uppermost. He started the procedure with a 10 cm incision through the subcutaneous tissue before the nurse realized it was the wrong side. A pause was not performed. Action taken: n Reprimand n $10,000 Fine n $3,858.30 costs n Laws and Rules Course n 100 Hours Community Service n 5 hours CME in Risk Management n 1-hour lecture Pause Rule There is a special rule to reduce wrong site cases: n The surgical team will pause and the operating physician will verbally confirm the patient’s identification, the intended procedure and the correct surgical/procedure site. The operating physician shall not make any incision or perform any surgery or procedure prior to performing this required confirmation. [Rule 64B8-9.007, F.A.C., and section 456.062, F.S.] Notifying Patients of Adverse Incidents n Practitioners, Hospitals, and Ambulatory Surgery Centers must personally notify the patient who was the subject of an adverse incident that resulted in serious harm to the patient. [sections 395.0197, 395.1051, 456.0575, F.S.] CME violations n The Department of Health conducts CME audits following every licensure renewal. n Failing to respond to the audit or failing to provide the requested CME documentation may result in the issuance of a citation. n First issuance of a citation is not discipline. Help For Impaired Practitioners Do you know a colleague or medical student with drug, alcohol, or psychiatric problems? n You can get them help without subjecting them to disciplinary action. n The Board has an excellent evaluation and rehabilitation program that is a phone call away: q Professionals Resource Network (PRN) 1-800 888-8776. n For most practitioners, this is a confidential process that offers help to those willing to change. n The program has recently been expanded to include medical students. [section 456.076, F.S.] Disciplinary Process n Grounds for Disciplinary Action q S. 458.331(1), Florida Statutes q http://www.leg.state.fl.us/statutes/index.cfm n Disciplinary Guidelines q Rule 64B8-8.001, Florida Administrative Code q https://www.flrules.org/Default.asp DISCIPLINARY PROCESS Complaint Agency Probable Cause Panel Selected by the respective professional board from the Department of Health Dismissal/ Closure Case Disposition Prosecution Attorney Review Investigation Not Disputed Final Order Consumer Services Unit Closure/Referral to Other Agencies as Non-Jurisdictional OR Closure as Legally Non-sufficient Legal Services Section Agency Director, If No formal Probable Cause Panel Exists Administrative Complaint Filed With Department of Health Election of Rights By Licensee No Probable Cause Found Probable Cause Found Findings: Formal Hearing Before DOAH (Contests Charges) Informal Hearing Before Respective Board (No Dispute) Hearing Waived Before Respective Board (No Dispute) Stipulation/Settlement by Licensee to Respective Board for Approval Final Board Action and Disposition Final Order Imposing Discipline Filed with Department of Health Appeal Procedures To District Court of Appeals = Confidential = Public Record Citation Mediation 2d Citation Issued Disciplinary Statistics n 4,019 à Complaints Filed n 1,055 à Found Legally Sufficient n 250 à Resolved through Final Orders n 11 à Emergency orders n 12 à Revocations MQA Annual Report July 1, 2013 – June 30, 2014 Implications of Disciplinary Action n 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. n Disciplinary action is reportable to the Healthcare Integrity Protection Databank, Federation of State Medical Boards, Drug Enforcement Agency and the American Medical Association. n Disciplinary action may have an effect on medical malpractice insurance, HMO coverage, staff privileges and other state licensure. Physician Reporting of Out-Of-State Discipline n Many of our Florida licensed physicians have licenses to practice in other states. n If that