NOTICE IS HEREBY GIVEN THAT on February 20, 2020, the Board of Medicine issued a Final Order on the petition for declaratory statement filed on behalf of Derrick Davis, P.A. The Notice of the Petition was published in Volume 45, No. 206, of the October 22, 2019, issue of the Florida Administrative Register. The Board reviewed the Petition at its meeting held on December 6, 2019. The Board’s Final Order finds that to the extent the Petition seeks an interpretation of Sections 400.991, 400.9905, 627.732, and 627.736, Florida Statutes, the Board is without authority to address those provisions. The Board is without authority to interpret paragraph 627.736(5)(h), Florida Statutes, the center of the dispute. With respect to whether he meets the definition of “physician,” subsection 458.305(3) defines a “physician” as a person who is licensed to practice medicine in the State of Florida. In addition, paragraph 458.347(2)(e), F.S., specifically provides a definition for “physician assistant” as a “person who is a graduate of an approved program or its equivalent or meets standards approved by the boards and is licensed to perform medical services delegated by the supervising physician.” While Mr. Davis is licensed to perform medical services, he may only perform those medical services delegated to him by his supervising physician. This conclusion, along with the fact he is licensed as a physician assistant in Florida, makes it clear that he is not a physician as defined by subsection 458.305(3), Florida Statutes. 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.
