64B8-9.0091: Requirement for Physician Office Registration; Inspection or Accreditation
PURPOSE AND EFFECT: The proposed rule amendments are intended to address deficiencies in office inspections.
SUMMARY: The proposed rule amendments set forth criteria with regard to deficiency notices in office surgery inspections.
SUMMARY 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: 458.309(1), (3) FS.
LAW IMPLEMENTED: 456.069, 456.072(1)(cc), 458.309(3) 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:
64B8‑9.0091 Requirement for Physician Office Registration; Inspection or Accreditation.
(1) No change.
(2) Inspection.
(a) through (d) No change.
(e) If the office is determined to be in noncompliance, the physician shall be notified and shall be given a written statement at the time of inspection. Such written notice shall specify the deficiencies. Unless the deficiencies constitute an immediate and imminent danger to the public, the physician shall be given 30 days from the date of inspection to correct any documented deficiencies and notify the Department of corrective action. Upon written notification from the physician that all deficiencies have been corrected, the Department is authorized to re-inspect for compliance. If the physician fails to submit a corrective action plan within 30 days of the inspection, the Department is authorized to re-inspect the office to ensure that the deficiencies have been corrected.
(f) The deficiency notice and any subsequent documentation shall be reviewed for consideration of disciplinary action under any of the following circumstances:. This consideration shall include, but not be limited to the following:
1. When the initial notice of deficiencies contain deficiencies that constitute immediate and imminent danger to the public;
2. The physician fails to provide the Department with documentation of correction of all deficiencies within thirty (30) days from the date of inspection;
3. Upon a A finding of noncompliance after a reinspection has been conducted pursuant to paragraph (2)(e) of this rule.
(g) Documentation If disciplinary actions pursuant to Section 456.073, F.S., are taken, documentation of corrective action shall be considered in mitigation of any offense.
(h) Nothing herein shall limit the authority of the Department to investigate a complaint without prior notice.
(3) No change.
Specific Authority 458.309(1), (3) FS. Law Implemented 456.069, 456.072(1)(cc), 458.309(3) FS. HistoryNew 5-15-00, Amended 9-18-01, 8-5-03, 9-1-03, 2-9-05,________.
