To make rule consistent with HB 951 (2015).

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-44.004Documentation

PURPOSE AND EFFECT: To make rule consistent with HB 951 (2015).

SUMMARY: Dietitian privileges.

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: 468.507 FS.

LAW IMPLEMENTED: 468.503(3), (4), (8), (9), 468.516, 468.518(1)(f), (h), (j), (k) 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: Allen Hall, Executive Director, Board of Medicine/Dietetics and Nutrition Practices Council, 4052 Bald Cypress Way, Bin #C05, Tallahassee, Florida 32399-3255

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-44.004 Documentation.

(1) No change.

(2) Prior to implementing a dietary or nutrition plan for a condition, the licensee must inquire whether the patient is under the active care of a licensed medical doctor, osteopathic physician, or chiropractic physician for that condition, and secure a written or oral dietary or nutrition order of the referring physician or the licensee must have been granted nutrition ordering privileges by the medical staff of a licensed care facility.  The licensee shall not accept a referral from a chiropractic physician for any disease or condition set forth in Rule 64B2-17.002, F.A.C.  If prior authorization is not practicable, the licensee may use professional discretion in providing nutrition services until authorization is obtained from the physician. The requirements of this subsection must be fully and completely documented in the patient’s record.

(3) through (6) No change.

Rulemaking Specific Authority 468.507 FS. Law Implemented 468.503(3), (4), (8), (9), 468.516, 468.518(1)(f), (h), (j), (k) FS. History–New 1-1-92, Formerly 21M-50.004, Amended 6-22-94, Formerly 61F6-50.004, 59R-44.004,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dietetics and Nutrition Practices Council

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 7, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2016