The Board proposes the rule amendment to update definitions and timelines.

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NO.:RULE TITLE:

64B2-18.001Definitions

PURPOSE AND EFFECT: The Board proposes the rule amendment to update definitions and timelines.

SUMMARY: The rule amendment will update definitions and timelines.

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, based upon the expertise and experience of its members, 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: 460.405 FS.

LAW IMPLEMENTED: 460.403(2), (3), (5), (6), (7), (8) 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: Dayle Mooney, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257, or by telephone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-18.001 Definitions.

(1) through (3) No change.

(4) The term “supervising physician” as herein used means any licensed chiropractic physician or group of physicians who is approved and certified by the Board to provide supervision for the certified chiropractic physician’s assistant and who assumes legal liability for the services rendered by such assistants. An approved chiropractic physician or group of physicians may supervise more than one certified chiropractic physician’s assistants at a ratio no greater than 10 2 certified chiropractic physician’s assistants to one chiropratic physician.

(5) through (7) No change.

(8) “Indirect supervision” means responsible supervision and control by the supervising physician only in a practice that is exempt from licensure under part X, chapter 400, F.S., and wholly owned by one or more chiropractic physicians or by a chiropractic physician and the spouse, parent, child, or sibling of that chiropractic physician. Indirect supervision shall require the “easy availability” or physical presence of the licensed chiropractic physician for consultation and direction of the actions of the certified chiropractic physician’s assistant. “Easy availability” means the supervising physician must be in a location to enable him to be physically present with the certified chiropractic physician’s assistant within at least thirty minutes and must be available to the certified chiropractic physician’s assistant when needed for consultation and advice either in person or by communication devices, such as telephone, two-way radio, medical beeper or other electronic means.

(9) No later than December 31, 2026 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 460.405 FS. Law Implemented 460.403(2), (3), (5), (6), (7), (8) FS. History–New 11-25-81, Formerly 21D-18.01, Amended 10-13-86, 7-15-91, Formerly 21D-18.001, 61F2-18.001, 59N-18.001, Amended 1-18-98, 7-17-07, 11-2-20,                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 26, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2022