To make rule consistent with HB 951.

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-44.004Documentation.

PURPOSE AND EFFECT: To make rule consistent with HB 951.

SUMMARY: Make rule consistent with HB 951.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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, based upon the expertise and experience of its members, determined that a 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:  456.017(1), 468.507 FS.

LAW IMPLEMENTED:  456.013, 456.027, 456.0635, 456.38, 468.508, 468.509, 468.511 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:  Allen Hall, Executive Director, Dietetics and Nutrition Practice Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B8-44.004 Documentation.

(1) No change.

(2) Prior to implementing a dietary or nutrition plan for a condition, the licensee must inquire whether the patient is under the active care of a licensed medical doctor, osteopathic physician, or chiropractic physician for that condition, and secure a written or oral dietary or nutrition order of the referring physician or the licensee must have been granted nutrition ordering privileges by the medical staff of a licensed care facility.  The licensee shall not accept a referral from a chiropractic physician for any disease or condition set forth in Rule 64B2-17.002, F.A.C. If prior authorization is not practicable, the licensee may use professional discretion in providing nutrition services until authorization is obtained from the physician. The requirements of this subsection must be fully and completely documented in the patient’s record.

(3) through (6) No change.

Specific Authority 468.507 FS. Law Implemented 468.503(3), (4), (8), (9), 468.516, 468.518(1)(f), (h), (j), (k) FS. History–New 1-1-92, Formerly 21M-50.004, Amended 6-22-94, Formerly 61F6-50.004, 59R-44.004,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practice Council

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 27, 2015