The proposed rule amendment will address the qualifications for probation monitors who are supervising licensees who practice in specialty areas where there is no board certification.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.0011Standard Terms Applicable to Orders

PURPOSE AND EFFECT: The proposed rule amendment will address the qualifications for probation monitors who are supervising licensees who practice in specialty areas where there is no board certification.

SUMMARY: The amendment addresses the qualifications for probation monitors who supervise licensees who practice in specialty areas where there is no board certification.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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.

RULEMAKING AUTHORITY: 458.309(1), 458.331(5) FS.

LAW IMPLEMENTED: 458.331(5) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paul Vazquez, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-8.0011 Standard Terms Applicable to Orders.

Unless otherwise approved by the Board or its designee, or addressed by the Final Order, the following are the terms applicable to all Final Orders rendered by the Board in disciplinary proceedings.

(1) through (6) No change.

(7) Probation Terms. If probation was imposed by Board Order, the following provisions are applicable:

(a) Definitions.

1. through 4. No change.

5. If the Respondent who has been ordered to practice under indirect, direct, or immediate supervision practices in a specialty area where there is no board certification by an entity recognized by the American Board of Medical Specialties or by the Board under Rule 64B8-11.001(8), F.A.C., Respondent’s supervisor shall be board certified in a specialty area that is most similar to that of the Respondent’s practice as determined by the Committee.

(b) through (h) No change.

(8) through (11) No change.

(12) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 458.309(1), 458.331(5) FS. Law Implemented 458.331(5) FS. History–New 8-1-06, Amended 6-23-10, 7-3-17, 5-7-18,                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules/Legislative Committee, Board of Medicine

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2022