The proposed rule amendment is intended to incorporate the revised dispensing physician registration form into the rule and to incorporate the new form for physicians who delegate dispensing to their prescribing physician assistants.

DEPARTMENT OF HEALTH
Board of Medicine

Rule No.: RULE TITLE
64B8-4.029: Registration as a Dispensing Practitioner
PURPOSE AND EFFECT: The proposed rule amendment is intended to incorporate the revised dispensing physician registration form into the rule and to incorporate the new form for physicians who delegate dispensing to their prescribing physician assistants.
SUMMARY: The proposed rule amendment incorporates the revised dispensing physician registration form into the rule and incorporates the new form for physicians who delegate dispensing to their 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: 458.309, 465.0276 FS.
LAW IMPLEMENTED: 465.0276, 458.347(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: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-4.029 Registration as a Dispensing Physician Practitioner; 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 practitioner with the Board of Medicine. In order to register as a dispensing physician practitioner, the physician must:

(1) Submit application to the Board on form DH-MQA 1070, entitled “Physician Dispensing Practitioner Registration,” (8/10 10/09), which is hereby incorporated by reference and available from the Board of Medicine’s website at http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(2) Comply with the provisions of Section 465.0276, Florida Statutes, regarding dispensing physicians practitioners; and

(3) Pay the registration fee as set forth in Rule 64B8-3.006, Florida Administrative Code.

(4) Pursuant to Section 458.347(4)(e), Florida Statutes, 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 64B8-30.008, F.A.C. The delegation of dispensing to the prescribing physician assistant must be documented with the Board of 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 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 458.309, 465.0276 FS. Law Implemented 465.0276, 458.347(4)(e) FS. History–New 3-24-09, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 6, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 20, 2010