The recently enacted Section 456.0301, F.S., requires the Board to approve continuing education courses for those physicians who prescribe controlled substances. The proposed rule amendments set forth the entities approved by the Board to provide ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-13.005Continuing Education for Biennial Renewal

64B8-13.008Requirement for Continuing Education Course on Prescribing Controlled Substances

PURPOSE AND EFFECT: The recently enacted Section 456.0301, F.S., requires the Board to approve continuing education courses for those physicians who prescribe controlled substances. The proposed rule amendments set forth the entities approved by the Board to provide the prescribing controlled substances course at licensure renewal and adds additional entities to the recent new rule requiring the course for prescribers prior to January 31, 2019.

SUMMARY: The proposed rule amendment to Rule 64B8-13.005, F.A.C. approves the Florida Medical Association, the Florida Academy of Family Physicians, the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Association, and Florida Osteopathic Medical Association as those entities authorized by the Board to provide the continuing education course for those physicians who prescribe controlled substances for the purpose of licensure renewal. The proposed amendment to Rule 64B8-13.008, F.A.C. adds Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Association, and Florida Osteopathic Medical Association to the approved entities to provide the continuing education course for those physicians who prescribe controlled substances, required before January 31, 2019.

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(6), (7), 456.0301(2), 456.031(2), 456.033, 458.309, 458.319 FS.

LAW IMPLEMENTED: 456.013(6), (7), 456.0301, 456.031(1)(a), 456.033, 458.319 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: Claudia Kemp, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-13.005 Continuing Education for Biennial Renewal.

(1) Every physician licensed pursuant to Chapter 458, F.S., shall be required to complete 40 hours of continuing medical education courses approved by the Board in the 24 months preceding each biennial renewal period as established by the Department.

(a) through (c) No change.

(d) 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 Academy of Family Physicians, the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Association, and Florida Osteopathic Medical Association, for the purpose of meeting this continuing education requirement. 

(2) through (10) No change. 

Rulemaking Authority 456.013(6), (7), 456.031(2), 456.033, 458.309, 458.319 FS. Law Implemented 456.013(6), (7), 456.031(1)(a), 456.033, 458.319 FS. History–New 9-7-86, Amended 11-17-87, 11-15-88, 1-31-90, 9-15-92, Formerly 21M-28.002, Amended 12-5-93, Formerly 61F6-28.002, Amended 3-1-95, 1-3-96, 1-26-97, Formerly 59R-13.005, Amended 5-18-99, 2-7-01, 6-4-02, 10-8-03, 5-4-04, 5-20-04, 4-5-05, 4-25-06, 12-26-06, 1-16-08, 5-6-08, 11-25-08, 7-6-09, 2-23-10, 4-3-12, 3-12-14, 5-15-14, 10-26-14, 2-29-16, 2-26-18, ____.

 

64B8-13.008 Requirement for Continuing Education Course on Prescribing Controlled Substances.

(1) No change.

(2) The Board approves the controlled substance prescribing courses offered by the Florida Medical Association, the Florida Academy of Family Physicians, and the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Association, and Florida Osteopathic Medical Association, for the purpose of meeting this continuing education requirement. 

(3) through (4) No change.

Rulemaking Authority 456.0301(2) FS. Law Implemented 456.0301 FS. History–New 7-15-18, Amended          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules/Legislative Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 8, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2018