The proposed rule amendments are intended to address both the first-time failure and subsequent failure to report a change in supervisor for physician assistants.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-30.013: Notice of Noncompliance
64B8-30.014: Citation Authority
PURPOSE AND EFFECT: The proposed rule amendments are intended to address both the first-time failure and subsequent failure to report a change in supervisor for physician assistants.
SUMMARY: The proposed amendment to Rule 64B8-30.013 adds a notice of non-compliance for the first time failure to notify the Department of a change in supervisor. The amendment to Rule 64B8-30.014 specifies that the second failure to notify the Department of a change in supervisor will result in a citation.
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: 456.073(3), 456.077, 458.309, 458.347(7)(g), (12) FS.
LAW IMPLEMENTED: 456.073(3), 456.077, 458.331, 458.347(7)(e), (g), (12) 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, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-30.013 Notice of Noncompliance.

(1) through (2) No change.

(3) The following violations are those for which the board authorizes the Department to issue a notice of noncompliance:

(a) No change.

(b) Violating any of the following provisions of Chapter 458, F.S., as prohibited by Sections 458.347(7)(g) and 458.331(1)(x), F.S.:

1. through 2. No change.

3. Failure to timely notify the Department of a change of supervision (addition or deletion of a supervisor)(Section 458.347(7)(e), (g), F.S.).

Specific Authority 456.073(3), 458.309, 458.347(7)(g), (12) FS. Law Implemented 456.073(3), 458.331, 458.347(7)(e),(g), (12) FS. History–New 3-3-02, Amended________.

 

64B8-30.014 Citation Authority.

In lieu of the disciplinary procedures contained in Section 456.073, F.S., the offenses enumerated in this rule may be disciplined by the issuance of a citation. The citation shall include a requirement that the licensee correct the offense, if possible, within a specified period of time, impose whatever obligations will correct the offense, and impose the prescribed penalty.

(1) through (2) No change.

(3) The following violations with accompanying penalty may be disposed of by citation with the specified penalty:

 

VIOLATIONS	PENALTY
(a) through (f) No change.
(g) Second failure Failure to report to the Department of addition/deletion/change of supervising physician(s) within 30 days after the change is made. (Section 456.035, F.S.) (Section 458.331(1)(g), F.S.) (Section 458.347(7)(e), (g), F.S.)	$250 fine per supervising physician
(h) through (i) No change.

 (4) through (5) No change.

Specific Authority 456.077, 458.309, 458.347(7)(g), (12) FS. Law Implemented 456.077, 458.331, 458.347(7)(g),(12) FS. History–New 3-3-02, Amended 5-19-03, 11-17-03, 5-4-04, 12-12-05, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/8/2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 27, 2006