The proposed rule amendments in Rule 64B15-13.001 are intended to set forth additional entities which are approved as providers for the controlled substance prescribing courses for biennial renewal. The proposed rule amendments in Rule 64B15-13.002 ...

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-13.001Continuing Education for Biennial Renewal

64B15-13.002Continuing Education Requirements for Reactivation

PURPOSE AND EFFECT: The proposed rule amendments in Rule 64B15-13.001 are intended to set forth additional entities which are approved as providers for the controlled substance prescribing courses for biennial renewal. The proposed rule amendments in Rule 64B15-13.002 are intended to clarify the requirements for reactivation of an inactive or retired license.

SUMMARY: The proposed rule amendments in Rule 64B15-13.001 add additional entities which are approved as providers for the controlled substance prescribing courses for biennial renewal. The proposed rule amendments in Rule 64B15-13.002 clarify the reactivation requirements for reactivation of an inactive or retired license, including the controlled substance prescribing course for licensees registered with the U. S. Drug Enforcement Agency who are authorized to prescribe controlled substances.

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), 459.009(2) FS.

LAW IMPLEMENTED: 456.013, 456.0301, 456.031, 459.008, 459.009(1) 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:

64B15-13.001 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)(a) For each biennial renewal, a licensee shall complete a one (1) hour continuing medical education course in Florida Laws and Rules/Professional and Medical Ethics, and a two (2) hour course in Prevention of Medical Errors.

(b) through (d) No change.

(e) A licensee who is registered with the United States Drug Enforcement Agency and is authorized to prescribe controlled substances is required to complete a 2-hour course on prescribing controlled substances at each biennial renewal of licensure as required by section 456.0301, Florida Statutes. The Board approves the controlled substance prescribing courses offered by the Florida Medical Association, the Florida Osteopathic Medical Association, the Florida Academy of Family Physicians, the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, and InforMed, Florida Psychiatric Society, NetCE, and The Doctors Company, for the purpose of meeting this continuing education requirement. The course may be offered in a distance learning format.

(2) 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, -----.

 

64B15-13.002 Continuing Education Requirements for Reactivation.

(1) Every license holder pursuant to Chapter 459, F.S., whose license has been inactive or retired for more than one (1) year shall be required to complete continuing education requirements as a condition for reactivating the his license.

(2)(a) The continuing education requirements shall be twenty (20) attendance hours for each year the license was inactive or retired; of these 20 hours, at least 10 must be AOA Category 1A hours.

(b) Three (3) At least five (5) of the total number of continuing medical education hours required for reactivation renewal shall be as found in paragraph 64B15-13.001(1)(a), F.A.C.

(c) If the licensee is registered with the United States Drug Enforcement Agency and is authorized to prescribe controlled substances, the licensee also is required to complete the 2-hour course on prescribing controlled substances as set forth in Rule 64B15-13.001(1)(e), F.A.C., as part of the total number of continuing education hours required for reactivation.

(3) The courses listed in Rule 64B15-13.001, F.A.C., shall constitute the list of approved courses under this rule.

Rulemaking Authority 459.009(2) FS. Law Implemented 459.009(1) FS. History–New 10-23-79, Amended 4-17-85, Formerly 21R-13.02, Amended 5-13-87, Formerly 21R-13.002, Amended 1-10-94, Formerly 61F9-13.002, Amended 8-27-95, Formerly 59W-13.002, Amended 12-9-97, 2-9-05, 1-8-14,                             .

 

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