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This is description of Unlicensed Activity regulations in Florida

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  1. 1. Unlicensed Practice
  2. 2. ULA Reporting http://doh.state.fl.us/mqa/unlicensed/unlic_home.html The unlicensed practice of a health care profession or the performance or delivery of medical or health care services to residents and visitors in Florida without a valid, active license to practice that profession, regardless of the means of the performance or delivery of such services, is strictly prohibited by law. In order to protect Florida residents and visitors from the potentially serious and dangerous consequences of receiving medical and health care services from an unlicensed person, the Department of Health has made the vigorous enforcement of licensure regulation for all health care professions one of its priorities.
  3. 3. ULA Reporting <ul><li>If you know of any ULA, such as selling medical devices such as Contact Lenses, plano or prescriptive, without a valid CL Prescription or performing eye examinations without a current Florida Optometry License, report such activity to 1-877-HALT-ULA and inform the Board of Optometry to ensure we follow-up on the actions taken. </li></ul><ul><li>Email: [email_address] </li></ul>
  4. 4. To verify a provider <ul><li>http://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP </li></ul><ul><li>ROBERT MORRELL EASTON JR </li></ul><ul><li>LICENSE NUMBER: OPC1736 </li></ul><ul><li>Profession CERTIFIED OPTOMETRIST </li></ul><ul><li>License/Activity Status CLEAR/ACTIVE </li></ul><ul><li>License Expiration Date 2/28/2011 </li></ul><ul><li>License Original Issue Date 09/07/1982 </li></ul><ul><li>Discipline on File NO </li></ul><ul><li>Address of Record 1560 EAST OAKLAND PARK BLVD </li></ul><ul><li>OAKLAND PARK, FL 33334-4425 UNITED STATES </li></ul><ul><li> </li></ul>
  5. 5. FOR IMMEDIATE RELEASE Contact: Maureen Doherty January 6, 2004 850-245-4111 DOH CONTINUES INVESTIGATION INTO UNLICENSED ACTIVITY IN JACKSONVILLE ~Successful sweep leads to three cease and desist orders~ TALLAHASSEE ---The Florida Department of Health’s (DOH) unlicensed activity unit today announced that their on-going investigation with the Jacksonville Sheriff’s Office (JSO) has resulted in three cease and desist orders being served on individuals selling contact lenses without a license. A Florida Department of Health license is required by law to sell contact lenses in Florida. “ DOH’s unlicensed activity unit and JSO have developed a very successful partnership,” said DOH Deputy Secretary Tom Arnold. “Together we are working to protect the Jacksonville community from those who seek to avoid the consumer protection and quality standards which are built into the licensure process.” During this unlicensed activity sweep of several Jacksonville area flea markets, three cease and desist agreements were served on vendors selling colored contact lenses without the licenses required by law. The use of contact lenses from unlicensed person may result in permanent eye damage or disease. The vendors’ operations were stopped immediately.
  6. 6. 2006 ULA in Palm Beach County <ul><li>A joint investigation with the Palm Beach Sheriff’s Office and The Department of Health Unlicensed Activity Unit led to the arrest today of Denis Palmer for the Unlicensed Practice of a Healthcare Profession. Denis Palmer of Highland Beach has been practicing optometry by impersonating another Florida Licensed O.D. </li></ul><ul><li>Palmer was also charged with Organized Scheme to Defraud and Grand Theft. A search warrant was served on Palmer’s home this morning and as a result of the search warrant additional charges may be forthcoming. This case began when it was discovered that Palmer was working at Walmart in Royal Palm Beach as an Optometrist and using the name a licensed Optometrist. Palmer may have been working at several locations throughout Palm Beach and Broward County working as an Optometrist at each location. </li></ul><ul><li>Palmer’s girlfriend, Nadia Becovic was also arrested for her involvement in the fraud. Ms. Becovic is the owner of Florida Eyes, Inc. </li></ul>
  7. 7. FOR IMMEDIATE RELEASE                                           Contact: Lauren Buzzelli March 20, 2007                                                                                 (850) 245-4111 DOH INVESTIGATION LEADS TO ARREST IN LARGO <ul><li>TALLAHASSEE — Florida Department of Health’s (DOH) St. Petersburg Unlicensed Activity (ULA) Unit announced that their joint investigation with the Largo Police Department has led to the arrest of Helene Britton Urbin for the unlicensed practice of a health care profession.  </li></ul><ul><li>Urbin owned and operated “The Terror Shop,” a gothic-themed retail store without a license to be an optical establishment. Urbin sold contact lenses with patterns and colors to undercover agents. Urbin is not licensed as an optician or optometrist with the Florida Department of Health. </li></ul><ul><li>The ULA office works closely with many police agencies in Florida, including the Largo Police Department, to combat all types of unlicensed health care practices. </li></ul>
  8. 8. Illegal Sale of Cosmetic CL’s Leads to Arrest in South Florida <ul><li>Thanks to a Boca Raton optician reporting the illegal sale of contact lenses though the POF Unlicensed Activity form .  The Florida Department of Health's (DOH) along with the Palm Beach County Sheriff's Office  arrested of Mr. Mushtaq Sajwani on June 10th for violating Florida Opticianry laws.  He was caught dispensing contact lenses,  without first being furnished with a prescription.  This crime is a third degree felony that is punishable by up to five years in prison or a $5,000.00 fine.   Sajwani was employed at a 99 Cents Plus & Beauty Supply Store located in Boca Raton, which (among other items) was selling various types of colored contact lenses from behind the counter.  Sajwani was arrested after he sold a pair of the contacts to an undercover ULA investigator who did not present a doctors' prescription.  He was taken into physical custody and booked into the Palm Beach County Jail.  His bond was set at $3,000.00.    The owner of the store, Mr. Saleem Shivji, is also facing a potential administrative citation for violating Florida Statute 484.013(4): Unlawfully allowing Sajwani to open and operate an unlicensed optical establishment.  </li></ul><ul><li>  </li></ul><ul><li>POF makes a one page Unlicensed Activity Form available on our website www.pof.org that allows opticians and other to report unlicensed practice of Opticianry through the POF office, quickly and anonymously, if they choose. (July 2, 2008 E-Mail Letter)  </li></ul>
  9. 9. ULA Contact Info <ul><li>DOH has several resources to combat unlicensed activity: </li></ul><ul><ul><ul><li>Consumers are encouraged to use DOH’s Web site www.flhealthsource.com where they can conveniently view the license information of their health care practitioner. </li></ul></ul></ul><ul><ul><ul><li>ULA Complaints may be filed anonymously by completing and mailing the complaint form on the DOH Web site or calling 1-877-HALT-ULA or 1-877-425-8852. </li></ul></ul></ul><ul><ul><ul><li>You can verify licensure of the Optometrist by going to: </li></ul></ul></ul><ul><ul><ul><li>http://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP </li></ul></ul></ul><ul><ul><ul><li>It is up to you to report Unlicensed Activity! </li></ul></ul></ul><ul><ul><ul><li>Ms. Nancy Snurkowski is the ULA Attorney. </li></ul></ul></ul><ul><li>  </li></ul>
  10. 10. ULA Guidelines <ul><li>The Florida Department of Health’s (DOH) unlicensed activity program protects Florida residents and visitors from the potentially serious and dangerous consequences of receiving medical and health care services from an unlicensed person. DOH’s Division of Medical Quality Assurance (MQA) investigates and refers for prosecution all unlicensed health care activity complaints and allegations. The unlicensed activity unit works in conjunction with law enforcement and the state attorney’s offices to prosecute individuals practicing without a license. Unlicensed activity is a felony level criminal offense. More importantly, receiving health care from unlicensed people is dangerous and could result in injury, disease or even death. </li></ul>
  11. 11. Medical Quality Assurance <ul><li>The mission of MQA is to protect the public through healthcare licensure, enforcement and information. MQA, in conjunction with 22 boards and six councils, regulates six types of facilities and more than 40 health care professions. MQA evaluates the credentials of all applicants for licensure, issues licenses, analyzes and investigates complaints, inspects facilities, assists in prosecuting practice act violations, combats unlicensed activity and provides credential and discipline history about licensees to the public. </li></ul><ul><li>Please visit http://www.doh.state.fl.us/mqa/ for additional information about MQA. </li></ul>
  12. 12. CE Broker LICENSEE Benefits of Subscribing View your continuing education renewal status View your continuing education posted by date completed Request to be notified via e-mail when completed course credit has been posted to your license transcript(s) Review lists of approved, upcoming continuing education that meet your license renewal requirements Set-up personalized alert notification Establish license renewal reminders
  13. 13. CE Broker <ul><li>Know how and if a course will count towards your license renewal before taking the course </li></ul><ul><li>Search Statewide database for meaningful continuing education that will improve patient care </li></ul><ul><li>Know your continuing education renewal status and outstanding hours needed to renew your license(s) </li></ul><ul><li>CE Broker is integrated with the licensing system and will transmit to the Florida Department of Health when you have met your license renewal continuing education requirements. </li></ul><ul><li>By subscribing you can verify your hours since only CE hours contained in CE Broker will be allowed in meeting CE requirements. By subscribing and tracking your CE hours, you will avoid renewal problems because only licensees who have completed all their CE requirements will be renewed. </li></ul>
  14. 14. CE Broker Congratulations Dr Easton! You are now registered with CE Broker. Licensees can begin using these features on February 1, 2004. Search for available course offerings Inquire about your continuing education status View continuing education requirements for your license or combination of licenses With just a single click, CE Broker will provide a listing of continuing education tailored to correspond with your outstanding requirements Set up &quot;Alerts&quot; which will inform you of upcoming continuing education based on a particular course title or educational provider. These alerts will appear in your CE Broker message center and if designated in your profile to your e-mail address. CE Broker will transmit your transcript to the Florida Department of Health when you have met your license renewal continuing education requirements. With CE Broker providing access to continuing education course history and transcripts, you will know exactly where you stand at all times!
  15. 15. CE Broker Rule 64B-5.001 <ul><li>64B-5.001 Definitions. </li></ul><ul><li>For the purposes of this rule chapter, the following definitions will apply: </li></ul><ul><li>(1) “Approved provider” means a person approved by a board, or the department when there is no board, to provide continuing education or whose continuing education program has been approved by a board, or the department when there is no board. </li></ul><ul><li>“ Approved provider” also means an institution of higher learning or a school approved by a board, or the department when there is no board, to provide continuing education or whose continuing education program has been approved by a board, or the department when there is no board. </li></ul><ul><li>(2) “Continuing education (CE) tracking system” means the Department of Health designated electronic system through which approved providers and licensees submit necessary information on program attendance. </li></ul><ul><li>(3) “Program” includes a class, seminar, lecture, presentation, symposium, convention at which continuing education is presented by a professional trade association, self-study or home-study hours, or other activity offered for the purpose of complying with continuing education requirements established in statute or rule approved by the board or the department when there is no board. </li></ul>
  16. 16. CE Broker Rule 64B-5.001 <ul><li>(4) “Electronically” refers to the submission of information and data via the Internet. </li></ul><ul><li>(5) “Maximum Allowable” refers to the total number of hours that a licensee can possibly earn for attending an approved provider program. </li></ul><ul><li>(6) “Hours Earned” refers to the total number of hours that a licensee is awarded during the approved provider program. </li></ul><ul><li>(7) “Mandatory Hours” refers to those specific hours, which are designated by law or by board rule, or by rule of the department when there is no board, as mandatory. </li></ul><ul><li>Specific Authority 456.004(1), (5), 456.025(7) FS. Law Implemented 456.013(9), 456.025(7) FS. History–New 3-15-05. </li></ul>
  17. 17. CE Broker Rule 64B-5.002 <ul><li>64B-5.002 Submission of Program Information, Submission of Licensee Program Completion Data, Licensee Self-Submission, Address. </li></ul><ul><li>For the purposes of implementing and maintaining the CE tracking system, the following requirements apply: </li></ul><ul><li>(1) Submission of program information. Unless otherwise provided by rule of a board or the department when there is no board, prior to the date a program is to be offered, all approved providers must electronically submit the following program information through the CE tracking system: the provider name, the name of the program, when the program is being offered, and the maximum allowable credit hours approved by the board or the department when there is no board according to procedures set forth in the rules of each board or by the department when there is no board. Upon receipt of such information the CE tracking system will assign a program number for the purpose of tracking each continuing education program, or at an approved provider’s request, the CE tracking system can use a program number convenient to and assigned by the approved provider or a board. Program information can be updated, as necessary, by the approved provider up until the day the program is offered. </li></ul>
  18. 18. CE Broker Rule 64B-5.002 <ul><li>(2) Submission of licensee program completion data; licensee self-submission. </li></ul><ul><li>(a) All approved providers shall submit licensee program completion data through the CE tracking system within ninety (90) days of program completion, unless otherwise provided by rule of a board or the department when there is no board. Required information includes the provider number, the program name, the number for the program assigned by the CE tracking system or the number provided to the CE tracking system by the approved provider or a board, the date the program was completed and the license numbers of licensees who participated in the program. The approved provider may submit the total hours earned during the program by each licensee without specifically delineating the individual courses or lectures constituting the total. The approved provider shall specifically list the licensee’s completion of any subject hours mandated by law. </li></ul>
  19. 19. CE Broker Rule 64B-5.002 <ul><li>(b) Such licensee program completion data shall be submitted electronically through the CE tracking system by using either the designated spreadsheet format, the designated text file format, entering the data directly to the CE tracking system, using a compatible format, or through submission of the scan card which is hereby incorporated by reference and effective, all of which are available through the Department of Health at the internet or street address in subsection (4) below. The scan card shall contain the appropriate designation for submission of detailed information for each profession’s required continuing education and mandatory hours, and shall be completed according to the instructions on the scan card. </li></ul><ul><li>(c) Licensees may, at their option, self-report any CE hours earned electronically to the internet address in subsection (4) below. Licensees shall not be charged any fees for electronically self-reporting CE hours through the CE tracking system. A board or the department when there is no board may restrict, by rule, which hours may be self-reported. </li></ul>
  20. 20. CE Broker Rule 64B-5.002 <ul><li>(3) An approved provider or licensee who unsuccessfully attempts to electronically submit any information as provided in this rule, has the option of submitting that information in one of the formats specified in subsection (2) together with a statement regarding the unsuccessful attempted compliance. It must be sent by certified U.S. mail as indicated in subsection (4). Such submission will meet the requirements of this rule. </li></ul><ul><li>(4) Address. All information and data required by this rule shall be submitted electronically to the following Internet address: https://www.cebroker.com. For the purposes of subsection (3), the information may be mailed to the CE Tracking Unit, Division of Medical Quality Assurance, Department of Health, 4052 Bald Cypress Way, Bin #C00, Tallahassee, FL 32399-3250. </li></ul><ul><li>Specific Authority 456.004(1), (5), 456.025(7) FS. Law Implemented 456.013(9), 456.025(7) FS. History–New 3-15-05. </li></ul>
  21. 21. Questions Commonly Asked <ul><li>How Do I . . . </li></ul><ul><li>Change the Name of a Current Licensee? </li></ul><ul><ul><ul><ul><li>Provide a written request that clearly indicates your new name, your license number, including alpha prefix or profession, and a copy of the legal document showing the change of name, for example a marriage license or divorce decree. Send your request by certified mail along with supporting documentation to MQA Communication Services, 4052 Bald Cypress Way Bin #C01, Tallahassee, FL 32399-3251, or fax to 850-487-9626. If the name change is for a facility , a licensure application must be submitted. </li></ul></ul></ul></ul>
  22. 22. Questions Commonly Asked <ul><li>Change the Address of a Licensee? </li></ul><ul><ul><ul><li>You may complete the Change of Address form , print, and submit or you may write a letter requesting the change or submit your change of address electronically . You will need to indicate whether you are requesting a Mailing Address or Practice Location Address change and provide your full name as it appears on your license, your new address, and your license number (including the alpha prefix). If you have applied for a license and have not received a license number, please include the profession. </li></ul></ul></ul>
  23. 23. Questions Commonly Asked <ul><li>Change the Address of a Licensee? </li></ul><ul><ul><ul><li>The practice location address will display on the Internet and your license. The mailing address will only display on the Internet if you have not provided a practice location address to us. Mail to: MQA Communication Services, 4052 Bald Cypress Way Bin #C01, Tallahassee, FL 32399-3251, or fax to 850-487-9626. </li></ul></ul></ul>
  24. 24. Questions Commonly Asked <ul><li>Change the Address of an Establishment? </li></ul><ul><ul><ul><ul><li>If the address change is for a facility that has changed location, a licensure application must be submitted. See your profession's web page for additional information. Use Certified Mail to ensure the department receives your request. </li></ul></ul></ul></ul>
  25. 25. Questions Commonly Asked <ul><li>Obtain a Duplicate License? </li></ul><ul><ul><ul><ul><li>Send your current license or a letter requesting a duplicate license stating your full name, license number, profession, and the reason for requesting a duplicate, along with a $25.00 check or money order made payable to the Department of Health. Please mail your request and fee to Department of Health, MQA, Post Office Box 6320, Tallahassee, FL 32314-6320. You should receive a new license in approximately 6 weeks. </li></ul></ul></ul></ul>
  26. 26. Questions Commonly Asked <ul><li>Request a Variance or Waiver - &quot;Strict application of uniformly applicable rule requirements can lead to unreasonable, unfair, and unintended results in particular instances. ... &quot; (Florida Statutes, 120.542) </li></ul><ul><li>Request a declaratory statement? - Pursuant to Rule 28-105.002, Florida Administrative Code, a petition seeking a declaratory statement shall be filed with the Department of Health's Agency Clerk's Office at 4052 Bald Cypress Way, Bin #A02, Tallahassee, Florida 32399-1703. The petition must contain certain information. </li></ul>
  27. 27. Questions Commonly Asked <ul><li>Apply for special accommodations for an exam? - In accordance with section 64B-1.005, Florida Administrative Code, the Department will provide reasonable and appropriate special testing accommodations to candidates with physical or learning disabilities to the extent permitted by cost, examination administration constraints, examination security considerations and availability of resources. For additional information, please contact Testing Services at (850) 245-4252. Cost for Florida Board Exam in 2009=$1775 + Application Fee and licensing Fee. Next board exam at NSU will be 7/17-19/2009. </li></ul><ul><li>Contact the board offices via email? - This listing will allow you to email your request or question to the board office. This is especially good if you were unable to locate the information from the Board Overview page. </li></ul>
  28. 28. Questions Commonly Asked Obtain the Summary of the Florida Patient's Bill of Rights and Responsibilities? - Florida law requires that your health care provider or health care facility recognize your rights while you are receiving medical care and that you respect the health care provider's or health care facility's right to expect certain behavior on the part of patients. Obtain a written verification (certification) of a license? - Written Certification of the licensure status and disciplinary history of an individual licensee of the Division of Medical Quality Assurance. Obtain a written verification (certification) of non-licensure? - Written certification that there is no record of licensure for an individual under the name and/or spelling of the name provided.
  29. 29. Questions Commonly Asked <ul><li>Obtain a list of licensees? - The purpose of this site is to provide public information, as defined in Chapter 119, Florida Statutes, maintained in the electronic database of the Department of Health in a variety of formats - lists, diskette, or CD. </li></ul><ul><li>Check on my doctor's education, experience and discipline? - This Web site has been designed to provide consumers access to extensive information about Medical Physicians, Osteopathic Physicians, Podiatric Physicians and Chiropractic Physicians. </li></ul><ul><li>OPTOMETRY IS NOT PROFILED. I think we should be! </li></ul>
  30. 30. Questions Commonly Asked <ul><li>Obtain a copy of: </li></ul><ul><ul><ul><ul><li>a disciplinary file? - Disciplinary documents usually refer to Board Orders and any attachments (e.g., complaint, Consent Agreement, Recommended Order, etc.). Civil Medical Malpractice suits are not maintained in this office as a part of the disciplinary documents. </li></ul></ul></ul></ul><ul><ul><ul><ul><li>an application file? - The application file includes the application for licensure, supporting documents submitted at the time of initial licensure, and any subsequent updates to the file, excluding those documents deemed confidential under Florida Statutes. </li></ul></ul></ul></ul>
  31. 31. The Complaint Process Health Care Practitioner Complaint Process Effective July 1, 2002, the Department of Health, Division of Medical Quality Assurance will assume responsibility of analysis of complaints and reports involving potential misconduct of a licensee and initiates investigations when appropriate. Previously this was performed by the Agency for Health Care Administration. The mission of the Division of Medical Quality Assurance is to protect and promote the health of all persons in Florida by diligently regulating health care practitioners and facilities.
  32. 32. The Complaint Process <ul><li>Discipline Reports - These reports will only contain recent discipline taken against a practitioner by the professional regulatory boards within Department. </li></ul><ul><li>How do I file a complaint? You may print the Complaint Form with the Authorization for Release of Patient Records from from the list below or call 1-888 419-3456 or (850) 414-1976 to request one by mail. To avoid delays in the process, please complete all sections of the form and attach the requested information. All complaints must be legibly written or typed, and signed. </li></ul><ul><li>As of 1/2011, a past board member will review all consumer complaints. This will help department and probable cause in their efforts to prosecute. </li></ul>
  33. 33. The Complaint Process <ul><li>Issues NOT within the authority of the Department? </li></ul><ul><ul><ul><ul><li>Fee disputes (i.e. broken or missed appointments) </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Billing disputes </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Personality conflicts </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Bedside manner or rudeness of practitioners </li></ul></ul></ul></ul>
  34. 34. The Complaint Process <ul><li>Complaints with incidents occurring on or after July 1, 2001 must be filed within 6 years of the occurrence of the incident. </li></ul><ul><li>In cases where it can be shown that fraud, concealment or intentional misrepresentation of facts prevented the discovery of the alleged violation, the time limit is extended to 12 years of the occurrence of the incident. These time limits do not apply to complaints involving criminal actions, diversion of controlled substances, sexual misconduct, or impairment by a licensee. </li></ul><ul><li>Additionally, patient records may be destroyed according to time limits (generally after 5 years) provided by Florida Administrative Code. </li></ul>
  35. 35. The Complaint Process <ul><li>Consumer Services receives and responds to complaints against health care practitioners and determines whether complaints warrant investigation. </li></ul><ul><li>The boards and councils within MQA determine probable cause and disciplinary action in cases involving the misconduct of their licensees. </li></ul><ul><li>Investigative Services investigates possible rule or statutory violations by health care practitioners and conducts statutorily mandated inspections of certain facilities. </li></ul>
  36. 36. Thank You ! <ul><ul><ul><li> </li></ul></ul></ul><ul><ul><ul><li> </li></ul></ul></ul>