The proposed a rule is intended to address dispensing physicians and to address the delegation of dispensing by physicians to prescribing physician assistants.

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

Rule No.: RULE TITLE
64B15-12.0031: Registration as a Dispensing Physician; Delegation of Dispensing to Prescribing Physician Assistant
PURPOSE AND EFFECT: The proposed a rule is intended to address dispensing physicians and to address the delegation of dispensing by physicians to prescribing physician assistants.
SUMMARY: The proposed rule sets forth the requirements for dispensing physicians and the requirements for dispensing physicians who wish to delegate dispensing to prescribing physician assistants.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule amendments will not have an impact on small business.
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: 459.005, 465.0276 FS.
LAW IMPLEMENTED: 465.0276, 459.022(4)(e) 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: Anthony Jusevitch, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-12.0031 Registration as a Dispensing Physician; Delegation of Dispensing to Prescribing Physician Assistants.

A physician may dispense drugs to his or her patient in the regular course of his or her practice provided that the physician is registered as a dispensing physician with the Board of Osteopathic Medicine. In order to register as a dispensing physician, the physician must:

(1) Submit application to the Board on form DH-MQA 1242, entitled “Osteopathic Physician Dispensing Registration,” (8/10), which is hereby incorporated by reference and available from the Board of Osteopathic Medicine’s website at http://www.doh.state.fl.us/mqa/osteopath/index.html.

(2) Comply with the provisions of Section 465.0276, F.S., regarding dispensing physicians; and

(3) Pay the registration fee as set forth in Rule 64B15-10.005, F.A.C.

(4) Pursuant to Section 459.022(4)(e), F.S., a dispensing physician who supervises a Florida-licensed prescribing physician assistant has the authority to delegate to the prescribing physician assistant the dispensing of any medication used in the supervising physician’s practice unless such medication is listed in the formulary set forth in Rule 64B15-6.0038, F.A.C. The delegation of dispensing to the prescribing physician assistant must be documented with the Board of Osteopathic Medicine by completing form DH-MQA 1240, entitled “Dispensing Physician Assistant,” (8/10), which is hereby incorporated by reference and available from the Board of Osteopathic Medicine’s website at http://www.doh.state.fl.us/mqa/medical/me_applicant.html. No fee is required for the delegation of dispensing to physician assistants.

Rulemaking Authority 459.005, 465.0276 FS. Law Implemented 465.0276, 459.022(4)(e) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 20, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 10, 2010