The proposed rule amendments are intended to set forth continuing education requirements; address renewal for spouses of members of the armed forces; and set forth criteria for reactivation of a retired license.

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO: RULE TITLE
64B15-7.007: Anesthesiologist Assistant Licensure Renewal and Reactivation
PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth continuing education requirements; address renewal for spouses of members of the armed forces; and set forth criteria for reactivation of a retired license.
SUMMARY: The proposed rule amendments set forth revised criteria for continuing education with regard to licensure renewal; address renewal for spouses of members of the armed forces; and establish criteria for those who want to reactivate a retired status license.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 456.013, 456.031(1)(a), 456.033(1), 459.005, 459.023 FS.
LAW IMPLEMENTED: 456.013, 456.031(1), 456.033, 456.036, 459.023 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: Pamela King, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-7.007 Anesthesiologist Assistant Licensure Renewal and Reactivation.

(1) No change.

(2) Requirements for Renewal.

(a) through (c) No change.

(d) As part of every third biennial renewal licensure period, For all licensees shall complete two (2) hours no more and no less than one hour shall consist of training in domestic violence which includes information on the number of patients in that professional’s practice who are likely to be victims of domestic violence and the number who are likely to be perpetrators of domestic violence, screening procedures for determining whether a patient has any history of being either a victim or a perpetrator of domestic violence, and instruction on how to provide such patients with information on, or how to refer such patients to, resources in the local community, such as domestic violence centers and other advocacy groups, that provide legal aid, shelter, victim counseling, batterer counseling, or child protection services, and which is approved by any state or federal government agency, or nationally affiliated professional association, or any provider of Category I or II American Medical Association Continuing Medical Education or American Osteopathic Association approved Category I-A continuing education related to the practice of osteopathic medicine or under osteopathic auspices. Home study courses approved by the above agencies will be acceptable.

(e) Upon a licensee’s first renewal of licensure, the licensee must document the completion of hour For all licensees one hour of Category I American Medical Association Continuing Medical Education or American Osteopathic Association approved Category I-A continuing education related to the practice of osteopathic medicine or under osteopathic auspices, which includes the topics of Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; the modes of transmission, including transmission from healthcare worker to patient and patient to healthcare worker; infection control procedures, including universal precautions; epidemiology of the disease; related infections including TB; clinical management; prevention; and current Florida law on AIDS and its impact on testing, confidentiality of test results, and treatment of patients. Any hours of said CME may also be counted toward the CME license renewal requirement. In order for a course to count as meeting this requirement, licensees practicing in Florida must clearly demonstrate that the course includes Florida law on HIV/ AIDS and its impact on testing, confidentiality of test results, and treatment of patients. Only Category I hours shall be accepted.

(f) Notwithstanding the provisions of paragraphs (d) and (e), above, an anesthesiologist assistant may complete continuing education on end-of-life care and palliative health care in lieu of continuing education in HIV/AIDS or domestic violence, if that anesthesiologist assistant has completed the HIV/AIDS or domestic violence continuing education in the immediately preceding biennium. This allows for end-of-life care and palliative health care continuing education to substitute for HIV/AIDS or domestic violence continuing education in alternate biennia.

(f)(g) No change.

(3) Reactivation of Inactive License. To reactivate an inactive license, the licensee must:

(a) through (b) No change.

(c) Provide to the Department a statement of medical activities from the date the licensee became inactive to the present; or, if the licensee has not practiced as an anesthesiologist assistant for at least 2 of the 4 years preceding application for reactivation, the licensee must either:

1. Demonstrate completion of the Nova Southeastern University University of South Florida (USF) Anesthesia Competency Assessment or an equivalent anesthesia assessment program approved by the Board; or

2. Re-take and successfully complete the NCCAA certification examination.

(d) No change.

(e) Submit proof of completion of 40 hours of continuing medical education for each biennium in which the licensee was inactive;

(f)(e) Submit proof of completion of the continuing medical education requirements in compliance with paragraphs 64B15-7.007(2)(c), (d), (e), (f) and (f)(g), F.A.C., for each biennium in which the license was inactive;

(f) through (h) renumbered (g) through (i) No change.

(5) The renewal and or reactivation fees are found in Rule 64B15-7.012, F.A.C.

(6) No change.

(7) Licensees who are spouses of members of the Armed Forces of the United States shall be exempt from all licensure renewal provisions for any period of time which the licensee is absent from the State of Florida due to the spouse’s duties with the Armed Forces. The licensee must document the absence and the spouse’s military status to the Board in order to obtain the exemption. Upon the licensee’s return to Florida, the licensee must inform the Department of his or her return within 30 days.

(8) Reactivation of a retired status license. To reactivate the license of a retired status licensee whose license has been on retired status for more than five (5) years or a licensee from another state who has not been in the active practice of medicine within the past five (5) years shall be required to appear before the Board and establish the ability to practice with the care and skill sufficient to protect the health, safety, and welfare of the public. At the time of such appearance, the anesthesiologist assistant must:

(a) Surrender to the Department the original retired status license;

(b) Provide the Department with licensure verification from each state in which the licensee is licensed to practice as an anesthesiologist assistant, or a statement that the licensee is licensed only in Florida;

(c) Provide to the Department a statement of medical activities from the date the licensee entered retired status to the present;

(d) Provide documentation of successful completion of the 16 credit hour Graduate Clerkship offered by Nova Southeastern University Anesthesia Assistant Program or an equivalent program approved by the Board;

(e) Submit proof of completion of 40 hours of continuing medical education for each biennium in which the licensee was inactive;

(f) Submit proof of completion of the continuing medical education requirements in compliance with paragraphs 64B15-7.007(2)(c)-(f), F.A.C., for each biennium in which the license was inactive; and

(g) Pay the appropriate fees set forth in Section 456.036(4)(b), F.S. and subsections 64B15-7.012(4) and (8), F.A.C.

(h) In lieu of proof of completion of the Graduate Clerkship or the equivalent, the licensee may submit proof of recertification by NCCAA.

(9) The Department shall refuse to reactivate the license of a retired status anesthesiologist assistant who is under investigation or prosecution in any jurisdiction for an action that would constitute a violation of this chapter or the professional practice acts administered by the department and the boards, until 15 days after the Department receives the final results of the investigation or prosecution.

Specific Authority 456.013, 456.031(1)(a), 456.033(1), 459.005, 459.023 FS. Law Implemented 456.013, 456.031(1), 456.033, 456.036, 459.023 FS. History–New 6-27-06, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anesthesiologist Assistants Committee
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 23, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006