The purpose of the rule amendment is to update the rule.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-4.016Controlled Substances Formulary

PURPOSE AND EFFECT: The purpose of the rule amendment is to update the rule.

SUMMARY: Update rule text.

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, based upon the expertise and experience of its members and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule has no impact on any persons or businesses; 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: 464.006, 464.012(7)(b), FS.

LAW IMPLEMENTED: 464.012(7)(a), 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: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B9-4.016 Controlled Substances Formulary.

(1) Advanced practice registered nurses practitioners may only prescribe controlled substances pursuant to the individual’s education, training, experience and protocol.

(2) Advanced practice registered nurses practitioners must restrict prescriptions of Schedule II controlled substances as listed in Section 893.03, F.S., to a 7-day supply. This restriction does not apply to prescription of controlled substances that are psychiatric medication prescribed by a psychiatric nurse as defined in Section 394.455, F.S.

(3) Only advanced practice registered nurses practitioners who meet the definition of a psychiatric nurse as defined in Section 394.455, F.S., may prescribe psychiatric mental health controlled substances to children younger than 18 years of age.

Rulemaking Authority 464.006, 464.012(7)(b) FS. Law Implemented 464.012(7)(a) FS. History–New 10-16-16,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2019