: The proposed rule amendment to 64B8-13.004 is intended to delete the reference to a rule which is no longer in effect. The proposed rule amendment to 64B8-13.005 is intended to delete the language with regard to random audits since the ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-13.004Requirements for Reactivation of an Inactive License

64B8-13.005Continuing Education for Biennial Renewal

PURPOSE AND EFFECT: The proposed rule amendment to Rule 64B8-13.004, F.A.C., is intended to delete the reference to a rule which is no longer in effect. The proposed rule amendment to Rule 64B8-13.005, F.A.C., is intended to delete the language with regard to random audits since the Department no longer conducts such audits.

SUMMARY: The proposed rule amendment to Rule 64B8-13.004, F.A.C., deletes the reference to a rule which is no longer in effect. The proposed rule amendment to Rule 64B8-13.005, F.A.C., deletes the language with regard to random audits since the Department no longer conducts such audits.

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: 456.013(6), (7), 456.031(4), 456.033, 456.036(9), 458.309, 458.317, 458.319, 458.321(1) FS.

LAW IMPLEMENTED: 456.013(6), (7), 456.031(1)(a), (3), 456.033, 456.036(9), 458.317, 458.319(4,) 458.321(1) 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: Allison M. Dudley, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-13.004 Requirements for Reactivation of an Inactive License.

An inactive license shall be reactivated upon demonstration that the licensee has paid the reactivation fee set forth in Rule 64B8-3.004, F.A.C., and has complied with the following requirements:

(1) through (3) No change.

(4) The Department shall not reactivate the license of any physician who has:

(a) through (b) No change.

(c) Failed to comply with the provisions of Section 456.033, F.S., and Rule 64B8-13.006, F.A.C.

(c)(d) Failed to comply with the provisions of Section 766.314(4), F.S.

Rulemaking Authority 456.036(9), 458.309, 458.317, 458.321(1) FS. Law Implemented 456.036(9), 458.317, 458.321(1) FS. History–New 2-3-82, Formerly 21M-28.01, Amended 1-1-92, Formerly 21M-28.001, 61F6-28.001, Amended 3-1-95, Formerly 59R-13.004, Amended 6-4-02, 5-23-06,                       .

 

64B8-13.005 Continuing Education for Biennial Renewal.

(1) through (2) No change.

(3) During the license renewal period of each biennium, an application for renewal will be mailed to each licensee at the last address provided to the Board. Failure to receive any notification during this period does not relieve the licensee of the responsibility of meeting the continuing education requirements. The application for renewal shall include a form on which the licensee shall state that he has completed the required continuing education. The licensee must retain such receipts, vouchers, certificates, or other papers, such as the physician’s recognition awards issued by the AMA, as may be necessary to document completion of the continuing education listed on the renewal form for a period of not less than 4 years from the date the course was taken. The Board will audit at random a number of licensees as is necessary to assure that the continuing education requirements are met.

(4) through (10) No change.

Rulemaking Authority 456.013(6), (7), 456.031(4), 456.033, 458.309, 458.319 FS. Law Implemented 456.013(6), (7), 456.031(1)(a), (3), 456.033, 458.319(4) FS. History–New 9-7-86, Amended 11-17-87, 11-15-88, 1-31-90, 9-15-92, Formerly 21M-28.002, Amended 12-5-93, Formerly 61F6-28.002, Amended 3-1-95, 1-3-96, 1-26-97, Formerly 59R-13.005, Amended 5-18-99, 2-7-01, 6-4-02, 10-8-03, 5-4-04, 5-20-04, 4-5-05, 4-25-06, 12-26-06, 1-16-08, 5-6-08, 11-25-08, 7-6-09, 2-23-10, 4-3-12, 3-12-14,                      .

 

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: February 7, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 6, 2014