The proposed rule amendments are intended to address instances where a physician is unable to locate a board-certified supervisor or a supervisor who is located within 20 miles of the Respondent’s practice.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.0012Probation Variables and Practice Restrictions

PURPOSE AND EFFECT: The proposed rule amendments are intended to address instances where a physician is unable to locate a board-certified supervisor or a supervisor who is located within 20 miles of the Respondent’s practice.

SUMMARY: The proposed rule amendments permit the Probation Committee to authorize a monitor who is not board-certified in the Respondent’s specialty area/practice area or to authorize a monitor who is not located within 20 miles of the Respondent’s practice in instances where the Respondent can demonstrate that he or she is unable to locate such a monitor to supervise the Respondent during a period of probation.

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: 456.072(2), 458.309, 458.331(5), FS.

LAW IMPLEMENTED: 456.072(2), 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: Claudia Kemp, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-8.0012 Probation Variables and Practice Restrictions. In instances where a Respondent is placed on probation or where practice restrictions are imposed by the Board, the Board shall determine the terms and conditions of Respondent’s probation or practice restrictions. The following terms of probation are utilized by the Board to ensure that Respondents are safely practicing medicine. Possible terms of probation and restrictions on practice include, but are not limited to:

(1) through (5) No change.

(6) In the event the Respondent is unable to locate a physician who is board-certified in the Respondent’s specialty area/area of practice who is available and willing to serve as his or her monitor, the Committee may allow the Respondent to be supervised by a non board-certified physician, provided that Respondent is able to demonstrate that after diligent effort he or she was unable to locate a board-certified physician in the Respondent’s specialty area/area of practice who is available and willing to serve as his or her monitor.  Respondent must also demonstrate that the proposed non board-certified physician is qualified by specialty area/area of practice and experience to serve as Respondent’s monitor.

(7) In the event the Respondent is unable to locate a qualified physician monitor who is located within 20 miles of Respondent’s practice, the Committee may allow the Respondent to be supervised by a physician outside the 20-mile area, provided that the Respondent is able to demonstrate that after diligent effort he or she was unable to locate a qualified monitor within the 20 mile area.

(6) through (11) renumbered (8) through (13) No change.

Rulemaking Authority 456.072(2), 458.309, 458.331(5) FS. Law Implemented 456.072(2), 458.331(5) FS. History–New 8-1-06, Amended 5-1-17, 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 7, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2018