NOTICE IS HEREBY GIVEN THAT on October 20, 2014, the Board of Medicine issued a Final Order on the petition for declaratory statement filed on behalf of Richard de la Cruz, M.D., Diana C. Maccario, M.D., and J. Michael Benfield, M.D. The Notice of the Petition was published in Volume 40, No. 119, of the June 19, 2014, issue of the Florida Administrative Register. The Board reviewed the Petition at its meeting held on August 1, 2014. The Board’s Final Order finds that the Petitioner’s proposed practice model is precluded by Section 456.44, F.S., because the Petitioners delegate duties set forth in subsection (3) that are non-delegable. The Petitioner’s proposed practice model subverts Florida’s regulatory scheme for the prescribing of controlled substances to patients with non-malignant pain.
A copy of the Final Order may be obtained by contacting the Board of Medicine, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.
