Summary
The board approved new disciplinary guideline language tied to a recent statute requiring refund of patient overpayments, discussed creating a minor-violation citation for small amounts, approved changes to the Mobile Opportunity (licensure-by-endorsement) application and voted to allow the department to handle probable‑cause determinations when a
At its Aug. 21 meeting the Florida Board approved multiple rule- and guideline-level changes tied to recent statutory changes and operational needs.
Refunds for patient overpayments: Counsel briefed the board on House Bill 1808 (noted in the agenda) that adds a disciplineable offense to Chapter 456 for failure to refund certain payments to patients. The board approved draft disciplinary-guideline language on page Bates 10073 that creates a disciplinary range from a letter of concern up to revocation depending on the amount and severity. Prosecutor Colleen Nolan and board counsel discussed adding a citation/minor‑violation pathway for low-dollar matters; board members directed staff to draft a monetary range (roughly $100–$500) for a citation and to return language for adoption. The board approved the main guidelines and delegated to counsel the authority to amend effective dates per joint administrative procedure feedback (the guidance suggested an effective date of Jan. 1, 2026 for the citation language).
Mobile-opportunity / licensure-by-endorsement updates: The board approved an update to the Mobil Act/Licensure-by-endorsement application to reduce the active-practice requirement from three years to two years, and to add guidance that National Practitioner Data Bank (NPDB) reports that would not constitute a Florida-law violation need not automatically disqualify an applicant. The board asked counsel to incorporate the statutory changes into the application and rule text and voted to allow counsel to file the notice of rule development.
Probable-cause panel change: Facing reduced board membership on several health boards, counsel proposed allowing the department to determine probable cause for disciplinary cases if a board falls to three or fewer members. Board members voted to adopt the proposed rule change so the department can temporarily determine probable cause until appointments restore a full board.
Delegations: The board voted to delegate to board counsel ministerial authority to file required notices of rule development arising from statutory changes. Members discussed the Joint Administrative Procedures Committee notice and directed counsel to amend effective dates if required.
The board approved the disciplinary guideline language (with direction to staff to draft a smaller‑amount citation option) and approved procedural rule updates to the licensure application and probable‑cause process. Counsel was authorized to proceed with rule development filings and to return citation language for minor overpayments.
