The proposed rule amendment is intended to address the supervision of physician assistants and nurse practitioners in instances when the physician has had restrictions placed on his or her license with regard to the prescribing of controlled ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-8.0012Probation Variables

PURPOSE AND EFFECT: The proposed rule amendment is intended to address the supervision of physician assistants and nurse practitioners in instances when the physician has had restrictions placed on his or her license with regard to the prescribing of controlled substances.

SUMMARY: The proposed rule amendment prohibits physicians who have had their prescribing of controlled substances restricted from delegating said prescribing of controlled substances to physician assistants or advanced registered nurse practitioners.

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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 456.072(2), 458.331(5) FS.

LAW IMPLEMENTED: 456.072(2) 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: Claudia Kemp, 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:

 

64B8-8.0012 Probation Variables and Practice Restrictions. In instances where a Respondent is placed on probation or where practice restrictions are imposed by the Board, the Board shall determine the terms and conditions of Respondent’s probation or practice restrictions. The following terms of probation are utilized by the Board to ensure that Respondents are safely practicing medicine. Possible terms of probation and restrictions on practice include, but are not limited to:

(1) through (8) No change.

(9) Prohibition on the supervision of physician assistant (PA) or advanced registered nurse practitioner (ARNP) prescribers.  In the event Respondent is restricted from the prescribing of one or more classes of controlled substances, Respondent may not delegate the prescribing of such classes of controlled substances to Physician Assistants (PAs) and Advanced Registered Nurse Practitioners (ARNPs) until such time as the Respondent is no longer prohibited from prescribing said classes of controlled substances. Within ten days of entry of the final order, Respondent must provide the Board compliance officer with a copy of the amended written agreement required by Rule 64B8-30.007, F.A.C. or protocols as required by Rule 64B8-35.002, F.A.C. reflecting the withdrawal of delegation of controlled substances.

(10)(9) No change.

Rulemaking Authority 456.072(2), 458.331(5) FS. Law Implemented 456.072(2) FS. History–New 8-1-06, Amended                    .

 

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 3, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2017