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10
•
Communicate the year-old case goals to each
Board and seek assistance in resolving the cases.
If necessary, request special or additional probable
cause panel meetings to address older cases.
•
With customized management reports for each
team leader, closely monitor the progress being
made toward achieving the goal and set
benchmarks throughout the year to ensure
success.
Addressing disciplinary matters in a timely manner is a fair and
just way of ensuring that the Department protects the public and
serves Florida’s licensees. The Prosecution Services Unit (PSU)
established the reduction of open cases that were either not
before DOAH or not completed within one year of initial filing as
one of its top priorities.
The strategies adopted by PSU to address these cases included:
At the end of FY 2011-2012, PSU had 946 cases that were over one year old. At the end of FY 2012-2013, PSU had 874 cases that
were over one year old, an 8 percent reduction. At the end of 2013-2014, PSU had 1,250 cases that were more than one year old, a 43
percent increase.
PSU’s plan for FY 2014-2015 is to continue to prioritize the resolution of older cases by enforcing performance expectations for all
prosecutors to resolve older cases. Those 1-year and older cases that can be litigated are being referred to DOAH as soon as possible.
Those cases that can be resolved through settlement with terms that are reasonable are being forwarded to the respective Boards for
resolution as soon as possible. PSU will recommend the respective probable cause panels close any cases that are 1 year and older and
cannot be proven by clear and convincing evidence.
•
Compile a comprehensive and accurate case list of all cases
for the 28 Boards and Councils that the Department regulates
that had a case number of 2010 or older and focus legal
resources on the oldest first.
•
Identify the cases that had not been presented to the probable
cause panel and prepare them for probable cause review with
a recommendation that the case be prosecuted or closed.
•
For cases that had been presented to the probable
cause panel, focus on resolving them either with a
Settlement Agreement or with a referral to DOAH for the
scheduling of a hearing.
Section 456.026, F.S., requires the MQA Annual Report and Long
Range Plan to contain a description of the strategies and results
of the efforts to reduce or otherwise close any investigation or
disciplinary proceeding not before the Division of Administrative
Hearing (DOAH) under Chapter 120, F.S., or otherwise not
completed within one year after the initial filing of a complaint
pursuant to section 456.026(8), F.S.
REDUCTION OF YEAR OLD CASES
Board/Council
Rule #
Title/Description
Rule Development
Published
Notice
Published
Adopted Effective
Dietetics and Nutrition Practice
64B8-44.005 Citations
6/17/2014
Dietetics and Nutrition Practice
64B8-44.010 Mediation
6/17/2014
Nursing
64B9-8.001
The Probable Cause Panel
3/6/2014
3/21/2014
4/25/2014 5/15/2014
Nursing
64B9-8.005
Unprofessional Conduct
1/30/2014
2/14/2014
3/20/2014 4/9/2014
Occupational Therapy
64B11-4.004 Noncompliance
3/25/2014
4/14/2014
Occupational Therapy
64B11-4.005 Citations
3/25/2014
4/14/2014
Occupational Therapy
64B11-4.006 Mediation
3/25/2014
4/14/2014
Pharmacy
64B16-30.001 Disciplinary Guidelines, Range of
Penalties, Aggravating and Mitigation
Circumstances
9/6/2013
9/24/2013
1/16/2014 2/5/2014
Physical Therapy
64B17-7.002
Citations
9/27/2013
1/24/2014
4/22/2014 5/12/2014
Physical Therapy
64B17-7.004
Mediation
9/27/2013
1/24/2014
4/22/2014 5/12/2014
Physical Therapy
64B17-7.005
Notice of Noncompliance
9/27/2013
1/24/2014
4/22/2014 5/12/2014
Psychology
64B19-17.004 Citations
8/15/2013
8/30/2013
9/30/2013 10/20/2013
Psychology
64B19-17.004 Citations
11/15/2013
Psychology
64B19-17.007 Mediation
11/15/2013
Respiratory Care
64B32-5.006 Mediation
4/14/2014
5/2/2014
Respiratory Care
64B32-5.007 Citations
4/14/2014
5/2/2014
Respiratory Care
64B32-5.008 Notice of Noncompliance
4/14/2014
5/2/2014
School Psychology
64B21-504.001 Disciplinary Guidelines
3/17/2014
Speech-Language Pathology and Audiology
64B20-7.001
Disciplinary Guidelines
9/11/2013
9/27/2013
11/12/2013 12/2/2013
Section 456.079, F.S., requires the MQA Annual Report and Long Range Plan to contain a status
update on development and implementation of rules providing for disciplinary guidelines.
DISCIPLINARY GUIDELINE RULES