The proposed rule amendment is intended to address the prescribing of controlled substances for psychiatric disorders via telemedicine.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-9.0141Standards for Telemedicine Practice

PURPOSE AND EFFECT: The proposed rule amendment is intended to address the prescribing of controlled substances for psychiatric disorders via telemedicine.

SUMMARY: The proposed rule amendment permits physicians to prescribe controlled substances for patients with psychiatric disorders via telemedicine.

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 determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. The rule imposes no additional regulation or costs on licensees. The Board has received several petitions for waiver or variance regarding the providing of controlled substances for patients with psychiatric disorders and has granted these petitions. The petitioners have stated that prohibiting the prescribing to patients with these disorders restricts their access to these necessary medications. As such, the rule amendment makes it easier for physicians to prescribe these necessary medications to their patients. This rule amendment will not have any additional impact on licensees and their businesses or the businesses that employ them. The rule amendment will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, will not require any specialized knowledge to comply, and will not increase any direct or indirect regulatory costs. 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: 458.331(1)(v) FS.

LAW IMPLEMENTED: 458.331(1)(v) 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: Adrienne Rodgers, Interim Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-9.0141 Standards for Telemedicine Practice.

(1) through (3) No change.

(4) Controlled substances shall not be prescribed through the use of telemedicine except for the treatment of psychiatric disorders. This provision does not preclude physicians or physician assistants from ordering controlled substances through the use of telemedicine for patients hospitalized in a facility licensed pursuant to Chapter 395, F.S.

(5) through (9)  No change.

Rulemaking Authority 458.331(1)(v) FS. Law Implemented 458.331(1)(v) FS. History‒New 3-12-14, Amended 7-22-14, 10-26-14,                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Telemedicine Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 4, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2015