The Board is required to periodically review the information it has gathered regarding the five most misdiagnosed conditions and to revise its rule regarding continuing education to address the prevention of medical errors.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-13.001Continuing Education for Biennial Renewal

PURPOSE AND EFFECT: The Board is required to periodically review the information it has gathered regarding the five most misdiagnosed conditions and to revise its rule regarding continuing education to address the prevention of medical errors.

SUMMARY: The proposed rule sets forth the continuing medical education regarding the five most misdiagnosed conditions.

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: 456.013, 456.0301, 459.005, 459.008(4) FS.

LAW IMPLEMENTED: 456.0301, 456.031, 459.008 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: Kama Monroe, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-13.001 Continuing Education for Biennial Renewal. Every person licensed pursuant to chapter 459, F.S., except those licensed as physician assistants pursuant to section 459.022, F.S., shall be required to complete forty (40) hours of continuing medical education courses approved by the Board in the twenty-four (24) months preceding each biennial renewal period as established by the Department. Continuing medical education (CME) requirements for biennial renewal of licensure are set forth in this rule.

(1) through (2) No change.

(3)(a) The continuing medical education found in paragraph 64B15-13.001(1)(a), F.A.C., with regard to Florida Laws and Rules/Professional and Medical Ethics, and the Prevention of Medical Errors shall be obtained by the completion of live, participatory attendance courses. However, the continuing medical education found in paragraphs 64B15-13.001(1)(c) through (e), F.A.C., with regard to HIV/AIDS, domestic violence, and prescribing controlled substances may be obtained by the completion of courses offered in a distance learning format.

(b) through (c) No change. 

(d) For purposes of this rule, a two hour Prevention of Medical Errors course shall include a study of root cause analysis, error reduction and prevention, and patient safety. The course shall address medication errors, surgical errors, diagnostic inaccuracies, and system failures, and shall provide recommendations for creating safety systems in health care organizations. The course must include information relating to the five most mis-diagnosed conditions during the previous biennium, as determined by the Board. The following areas have been determined as the five most mis-diagnosed conditions:

1. Inappropriate prescribing of controlled substances;

2. Failure to monitor the safety of prescribed medications;

3. Retained foreign objects in surgery and wrong site/patient surgery;

4. Failure to accurately diagnose cause of back and leg pain Surgical complications/errors and pre-operative evaluations, including obtaining informed consent; and

5. Failure to timely diagnose sepsis.

(4) through (8) No change.

Rulemaking Authority 456.013, 456.0301, 459.005, 459.008(4) FS. Law Implemented 456.013, 456.0301, 456.031, 459.008 FS. History–New 10-23-79, Amended 1-29-86, Formerly 21R-13.01, Amended 12-5-89, 4-8-91, 2-16-92, Formerly 21R-13.001, Amended 1-10-94, Formerly 61F9-13.001, Amended 10-25-95, Formerly 59W-13.001, Amended 1-19-98, 6-3-98, 4-14-99, 5-26-02, 5-10-04, 7-27-04, 2-9-05, 2-14-06, 1-29-07, 5-10-09, 4-5-10, 11-6-12, 8-14-14, 8-21-16, 5-17-18, 8-9-18, 11-15-18, 8-12-19,                                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 15, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 27, 2020