The proposed rule amendments are intended to address the continuing education hours requirement in Rule 64B8-13.004 and to set forth the requirements for the reactivation of a retired status license in Rule 64B8-13.0045.

Board of Medicine

RULE NO.: RULE TITLE:

64B8-13.004 Requirements for Reactivation of an Inactive License

64B8-13.0045 Requirements for Reactivation of Retired Status License

PURPOSE AND EFFECT:  The proposed rule amendments are intended to address the continuing education hours requirement in Rule 64B8-13.004 and to set forth the requirements for the reactivation of a retired status license in Rule 64B8-13.0045.

SUMMARY: The proposed amendment to rule 64B8-13.004 clarifies the continuing education hours requirement with regard to licensure reactivation.  The proposed rule 64B8-13.0045 sets forth the criteria for the reactivation of a retired status license.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared. 

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 456.036 FS., 458.309 FS., 458.317 FS., 458.321(1) FS.

LAW IMPLEMENTED:  456.036 FS., 458.317 FS., 458.321(1) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.

THE FULL TEXT OF THE PROPOSED RULES 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) As a condition to the reactivation of an inactive license, a physician must submit proof of successful completion of an average of twenty (20) hours per year of Category I, American Medical Association approved continuing medical education for each year of inactive status.

(2) through (4) No change.

Specific Authority 456.036(9) FS., 458.309 FS., 458.317 FS., 458.321(1) FS. Law Implemented 456.036(9) FS., 458.317 FS., 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,                       .

 

64B8-13.0045 Requirements for Reactivation of Retired Status License.   A retired status 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) As a condition to the reactivation of a retired status license, a physician must:

(a)  Submit documentation of successful completion of an average of twenty (20) hours per year of Category I, American Medical Association approved continuing medical education for each year of retired status;

(b) Document compliance with the financial responsibility requirements of Section 458.320, F.S., and Rule Chapter 64B8-12, F.A.C.; and

(c) Document compliance with Section 456.033, F.S., and Rule 64B8-13.005, F.A.C.

(2) Any physician 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 Credentials Committee of 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 physician must:

(a) Demonstrate compliance with paragraph (1) above;

(b) Demonstrate successful completion of the SPEX with a score of at least 75 achieved within the year immediately proceeding the appearance before the Credentials Committee; and

(c) Account for any activities related to the practice of medicine during the period that the license was on retired status or not practicing in another jurisdiction and establish an absence of malpractice or disciplinary actions pending in any jurisdiction.

(3)  The Department shall refuse to reactivate the license of a retired status physician 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: 456.036 FS. Law Implemented: 456.036 FS. History – New                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 3, 2006