The Board proposes the development of rules to address appropriate disclosure of licensure status to patients.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-30.011: Advertising
64B8-30.0111: Disclosure of Licensure Status
PURPOSE AND EFFECT: The Board proposes the development of rules to address appropriate disclosure of licensure status to patients.
SUMMARY: The proposed rule amendments and proposed new rule set forth the criteria for appropriate disclosure of a physician assistant’s licensure status to patients.
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: 458.347 FS.
LAW IMPLEMENTED: 456.072(1)(t), 458.331(1)(d) 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: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-30.011 Advertising.

(1) Advertising by physician assistants is permitted so long as such information is in no way false, deceptive, or misleading.

(2) Physician assistant advertisements shall disclose the name of the primary supervising physician of the physician assistant advertising his or her services.

(3) Physician assistants may not claim any type of specialty board certification.

(4) Only physician assistants certified by the National Commission on Certification of Physician Assistants (NCCPA) may claim certification and employ the abbreviation “PA-C” next to his or her name.

(5)  No person licensed pursuant to Section 458.347, F.S., shall disseminate or cause the dissemination of any advertisement or advertising that contains the licensee’s name without clearly identifying the licensee as a physician assistant (P.A.).

(6)(5) Failure to abide by the provisions of this rule shall constitute a violation of Sections 458.331(1)(d) and (nn) and 456.072(1)(cc), Florida Statutes.

Specific Authority 458.347(13) FS. Law Implemented 456.072(1)(t), 458.331(1)(d) FS. History–New 9-25-03, Amended________.

 

64B8-30.0111  Disclosure of Licensure Status.

All persons licensed pursuant to Section 458.347, Florida Statutes, and not exempt pursuant to Section 456.072(1)(t), Florida Statutes, shall identify the license under which he or she practices in one of the following manners:

(1) The wearing of a name tag which identifies the licensee as a physician assistant (P.A.);

(2) The wearing of an article of clothing on the upper body which identifies the licensee as a physician assistant (P.A.);

(3) By orally disclosing to the patient, upon the licensee’s initial in-person contact with the patient, that the licensee is a physician assistant;

(4) By providing, upon the licensee’s initial in-person contact with the patient, a business card or similar document which identifies the licensee as a physician assistant (P.A.);

(5) By placing notification in the lobby or waiting area of the location where the licensee practices, which contains a photo of the licensee and which identifies the licensee as a physician assistant (P.A.).

Specific Authority 458.347, 456.072(1)(t) FS. Law Implemented 456.072(1)(t) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 3, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 30, 2007