To clarify and update CME requirements.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-13.001Continuing Education for Biennial Renewal

PURPOSE AND EFFECT: To clarify and update CME requirements.

SUMMARY: The proposed rule amendment will clarify CME requirements including obtaining completion of CME in a distance learning format and approving an additional provider for the controlled substance prescribing course.

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, 456.0301, 456.031, 459.005, 459.008(4) FS.

LAW IMPLEMENTED: 456.0301, 456.031, 459.008 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: Danielle Terrell, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-13.001 Continuing Education for Biennial Renewal.

Every person licensed pursuant to Chapter 459, F.S., except those licensed as physician assistants pursuant to Section 459.022, F.S., shall be required to complete forty (40) hours of continuing medical education courses approved by the Board in the twenty-four (24) months preceding each biennial renewal period as established by the Department. Continuing medical education (CME) requirements for biennial renewal of licensure are set forth in this rule. For the 2022-2024 biennial renewal period, all of the The CME required by this rule may be obtained by completion of courses offered in any format, including in a distance learning format, with the proviso in subsection (1)(a).

(1)(a) For each biennial renewal, a licensee shall complete a one (1) hour continuing medical education course in Florida Laws and Rules/Professional and Medical Ethics, and a two (2) hour course in Prevention of Medical Errors.  For purposes of this rule, Florida Laws and Rules means Chapters 456 and 459, F.S., and rule Chapter 64B15, F.A.C. These CME courses may be obtained in any format, including in a distance learning format, provided that the format includes an ability to interact with the presenter of the course.

(b) A licensee shall not be required to complete continuing medical education if the initial license is issued subsequent to July 1 of the second year of the biennium, except such licensee is required to complete the CME in paragraph 64B15-13.001(1)(a), (d), and if applicable (e), F.A.C.

(c) through (d) No change. 

(e) 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, F.S. The Board approves the controlled substance prescribing courses offered by the Florida Medical Association, the Florida Osteopathic Medical Association, the Florida Academy of Family Physicians, the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Society, NetCE, and The Doctors Company, and TeamHealth Institute for the purpose of meeting this continuing education requirement. The course may be offered in a distance learning format.

(2) No change.

(3)(a) The continuing medical education found in paragraph 64B15-13.001(1)(a), F.A.C., with regard to Florida Laws and Rules/Professional and Medical Ethics, and the Prevention of Medical Errors shall be obtained by the completion of live, participatory attendance courses. However, the continuing medical education found in paragraphs 64B15-13.001(1)(c) through (e), F.A.C., with regard to HIV/AIDS, domestic violence, and prescribing controlled substances may be obtained by the completion of courses offered in a distance learning format.

(b) For purposes of this rule, Florida Laws and Rules means Chapters 456 and 459, F.S., and rule Division 64B15, F.A.C.

(a) (c) Three (3) hours of general CME may be obtained by attending at least three (3) hours of disciplinary matters at a regular meeting of the Board of Osteopathic Medicine in compliance with the following:

1.  through 3.  No change.

4. A licensee may use no more than six (6) hours of continuing education obtained by attending a Board of Osteopathic Medicine meeting for the purpose of completing the continuing education requirements for each biennial renewal.

(b)(d) No change.  

(4) The following courses are approved by the Board:

(a) through (d)  No change.  

(e) Fellowships, residency, or internship programs accredited by approved by the American Osteopathic Association or the American Medical Association; Internship or residency approved by the American Osteopathic Association or the Accreditation Council for Graduate Medical Education (ACGME); each fellow, intern,  and/or resident shall be responsible for obtaining the continuing medical education required under this rule. For fellows, residents, or interns, and/or residents in accredited approved AOA, AMA or ACGME educational training programs, ten (10) continuing medical education credit hours shall be awarded for successful completion of each 6-month training program period;

(f) through (g) No change. 

(h) Internship or residency approved by the American Osteopathic Association or the Accreditation Council for Graduate Medical Education;

(h) (i) No change.  

(5) through (8)  No change.  

Rulemaking Authority 456.013, 456.0301, 456.031, 459.005, 459.008(4) FS. Law Implemented 456.013, 456.0301, 456.031, 459.008 FS. History–New 10-23-79, Amended 1-29-86, Formerly 21R-13.01, Amended 12-5-89, 4-8-91, 2-16-92, Formerly 21R-13.001, Amended 1-10-94, Formerly 61F9-13.001, Amended 10-25-95, Formerly 59W-13.001, Amended 1-19-98, 6-3-98, 4-14-99, 5-26-02, 5-10-04, 7-27-04, 2-9-05, 2-14-06, 1-29-07, 5-10-09, 4-5-10, 11-6-12, 8-14-14, 8-21-16, 5-17-18, 8-9-18, 11-15-18, 8-12-19, 8-13-20, 9-8-20, 3-2-22,                        .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 19, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 1, 2023