The proposed rule amendments are intended to address licensure under supervision.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-4.025: Licensure Under Supervision
PURPOSE AND EFFECT: The proposed rule amendments are intended to address licensure under supervision.
SUMMARY: The proposed rule amendments clarify the criteria for those physicians who are granted a license to practice medicine with the requirement that the physician practice under the direct or indirect supervision of another licensed physician.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 458.309 FS.
LAW IMPLEMENTED: 458.311, 458.313, 458.3145, 458.315, 458.316, 458.3165, 458.317 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-4.025 Licensure Under Supervision.

When an applicant is certified for licensure, but said licensure is restricted in such a manner as to require a period of practice under supervision of another licensee approved by the Board, the applicant’s license shall not be issued activated until a supervisor is approved by the Board. However, unless provided otherwise in the Board’s Order, the person who is certified for licensure must have a supervisor approved and must activate the license within 12 months of the date the Board certifies the applicant for licensure. If the person certified for licensure does not obtain an approved supervisor activate the license within that 12 month period, the certification for licensure expires and the person must reapply for licensure.

(1) If an applicant is required to work under the direct supervision of another physician, “direct supervision” shall require the physical presence of the supervising physician on the premises so that the supervising physician is immediately available when needed.

(2) If an applicant is required to work under the indirect supervision of another physician, “indirect supervision” shall mean the responsible supervision of the licensee by a supervising physician, approved by the board, which supervision shall not require the physical presence of the supervising physician when procedures are performed, but shall require the supervisor to be reasonably available, so as to be physically present to provide consultation or direction in a timely fashion as required for appropriate care of the patient.

(3) The proposed supervisor, practice plans, and designation of an area of practice shall be reviewed by the Probation Committee which shall make recommendations to the Board. The Chairman of the Probation Committee may grant temporary approval of the proposed supervisor, practice plan, and designation of an area of practice. Final approval may not be granted until the proposed supervisor and the applicant appear before the Probation Committee unless the appearance requirement is waived by the Probation Committee.

Specific Authority 458.309 FS. Law Implemented 458.311, 458.313, 458.3145, 458.315, 458.316, 458.3165, 458.317 FS. History–New 9-21-93, Formerly 61F6-22.025, 59R-4.025, Amended          _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Credentials Committee, Board of Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 1, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 21, 2007