To provide a form and a process to request a waiver from the electronic prescribing requirement as mandated by recently enacted legislation.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-3.009Request for Waiver from Electronic Prescribing Requirement

PURPOSE AND EFFECT: To provide a form and a process to request a waiver from the electronic prescribing requirement as mandated by recently enacted legislation.

SUMMARY: This rulemaking provides a form and a process for prescribers with economic hardships or technological limitations to request a waiver from the electronic prescribing requirement as required by recently enacted legislation.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 456.42(3)(h), FS.

LAW IMPLEMENTED: 456.42(3)(c), 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: Jessica Sapp, Interim Executive Director, 4052 Bald Cypress Way, Bin C-08, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-3.009 Request for Waiver from Electronic Prescribing Requirement

(1) A practitioner authorized in this state to prescribe medicinal drugs that maintains a system of electronic health records or who prescribes medicinal drugs as an owner, employee or contractor of a licensed health care facility or practice that maintains such a system may request a waiver of the electronic prescribing requirement on form DH5042-MQA-10/2019, Request for Waiver Electronic Prescribing Requirement, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####, or from the department at Department of Health, 4052 Bald Cypress Way, Bin C-11, Tallahassee, Florida 32399-1708.

(2) Waivers, if granted, cannot exceed one year in duration. 

(3) This rule shall stand repealed effective five years from the date of adoption. 

Rulemaking Authority 456.42(3)(h) FS. Law Implemented 456.42(3)(c) FS. History–New          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica Sapp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 7, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 21, 2020