The proposed rule amendment is intended to set forth an additional supervision level to be entitled “immediate supervision” which may be utilized in instances when an applicant is certified for licensure but said licensure is restricted or ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-4.025Licensure Under Supervision

PURPOSE AND EFFECT: The proposed rule amendment is intended to set forth an additional supervision level to be entitled “immediate supervision” which may be utilized in instances when an applicant is certified for licensure but said licensure is restricted or conditioned in such a manner as to require a period of practice under supervision.

SUMMARY: The proposed rule amendment adds a level of supervision to be entitled “immediate supervision” which requires a supervisor to be in the same room as the physician being supervised.

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: 458.309 FS.

LAW IMPLEMENTED: 458.311, 458.313, 458.3145, 458.315, 458.317 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:

 

64B8-4.025 Licensure Under Supervision. Unless otherwise approved by the Board or its designee, or addressed by Board Order, the following are provisions applicable to Orders rendered by the Board when an applicant is certified for licensure but said licensure is restricted or conditioned in such a manner as to require a

period of practice under supervision of another licensee approved by the Board.

(l) No change.

(2) Required Supervision.

(a) through (b) No change.

(c) Immediate Supervision. If an applicant is required to work under the immediate supervision of another physician. Respondent shall not perform designated procedures unless under the immediate supervision of a board- certified physician fully licensed under Chapter 458. F.S., who has been approved by the Probationer's Committee. The physician providing immediate supervision shall be physically located in the same room with the applicant where the designated procedure is performed.

(d)(c) If the terms of the Order include indirect or direct supervision of the applicant's practice, the applicant shall not practice medicine without an approved supervisor. If the terms of the Order include immediate supervision. the applicant shall not perform designated procedures unless under the immediate supervision of an approved supervisor.

(d) through (g) re-designated (e) through (h) No change.

(3) Approval. The Board confers authority on the Chair of the Credentials Committee to temporarily approve an applicant's supervisor, practice plans, and designation of an area of practice. To obtain this temporary approval, applicant shall submit to the Board the information required in paragraph (2)(e). Absent said approval, applicant shall not practice medicine or perform designated procedures until a supervising physician is approved. Temporary approval shall only remain in effect until the next meeting of the Board. Final approval is to be made by the Board.

(4) Change in Supervisor. In the event that applicant's supervisor is unable or unwilling to fulfill his or her responsibilities as a supervisor, the applicant shall advise the Board of this fact within 24 hours of becoming aware of the situation. Applicant shall submit to the Board the name of a temporary supervisor for consideration. Applicant shall not practice medicine or perform designated procedures pending approval of this temporary supervisor by the Chair of the Credentials Committee. Temporary approval shall only remain in effect until the next meeting of the Board. Final approval is to be made by the Board.

(5) through (7) No change.

Rulemaking Authority 458.309 FS. Law Implemented 458.311, 458.313, 458.3145, 458.315, 458.317 FS. History-New 9-21-93, Formerly 61F6-22.025, 591{-4.025, Amended 3-12-08, 7-1-13, 9-26-16, ___.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Medicine

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 2, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018