The proposed rule amendments are intended to clarify the requirements for reactivation of inactive and retired status licensees who have been in inactive or retired status for more than one year.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-12.007Inactive Status License

64B15-12.0075Requirements for Reactivation of Retired Status License

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the requirements for reactivation of inactive and retired status licensees who have been in inactive or retired status for more than one year.

SUMMARY: The proposed rule amendments clarify the requirements for reactivation of inactive and retired status licensees who have been in inactive or retired status for more than one year.

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: 456.036 FS.

LAW IMPLEMENTED: 456.036 , 459.0085 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, J.D., 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:

64B15-12.007 Inactive Status License.

(1) No change.

(2) An inactive status licensee may change to active status at any time provided the licensee meets the continuing education requirements of Rule 64B15-13.001, F.A.C.; however, if the license has been inactive for more than one (1) year, the licensee must meet the requirements of Rule 64B15-13.002, F.A.C.

(3)(a) Inactive status licensees choosing active status at the time of renewal must pay the active status renewal fee and the reactivation fee.

(b) Inactive status licensees choosing active status at any other time than at the time of license renewal shall pay the difference between the inactive status renewal fee and the active status renewal fee, the reactivation fee and the fee to change licensure status.

(4) A However, a licensee whose license has been in inactive status for more than two consecutive biennial licensure cycles and who has not been practicing medicine on a full-time basis in another jurisdiction during such period of time, shall be required to appear before the Board before the license can be placed into active status. The Board at the time of the appearance shall impose upon the licensee reasonable conditions necessary to insure that the licensee can practice with the care and skill sufficient to protect the health, safety and welfare to the public. For purposes of this rule, “full-time basis” shall be defined as working as a physician for over 20 hours per week.

Rulemaking Authority 456.036 FS. Law Implemented 456.036 FS. History–New 11-28-94, Amended 3-28-95, Formerly 59W-12.007, Amended 12-30-01, 11-2-05, 7-25-12,                        .

 

64B15-12.0075 Requirements for Reactivation of Retired Status License. A retired status license shall be reactivated upon demonstration that the licensee has paid the reactivation fee set forth in Rule 64B15-10.0032, F.A.C., and has complied with the following requirements:

(1) As a condition to the reactivation of a retired status license, a physician must:

(a) Submit documentation of successful completion of twenty (20) hours per year of continuing medical education courses which comply with the requirements of Rule 64B15-13.001, F.A.C., for each year of retired status; however, if the license has been inactive for more than one (1) year, the licensee must meet the requirements of Rule 64B15-13.002, F.A.C.

(b) through (c) No change.

(2) through (3) No change.

Rulemaking Authority 456.036 FS. Law Implemented 456.036, 459.0085FS. History–New 11-20-07, Amended                       .

 

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 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 31, 2019