The proposed rule amendments in Rule 64B8-4.009 are intended to address the revised application forms; clarify language with regard to direct verification for medical school education; and delete language requiring prevention of medical errors ...

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-4.009Applications

64B8-4.025Licensure Under Supervision

PURPOSE AND EFFECT: The proposed rule amendments in Rule 64B8-4.009 are intended to address the revised application forms; clarify language with regard to direct verification for medical school education; and delete language requiring prevention of medical errors education at the time of initial licensure. The proposed the rule amendments in Rule 64B8-4.025are intended to clarify requirements for a practice plan for those physicians who are licensed under the supervision of another physician.

SUMMARY: The proposed rule amendments in Rule 64B8-4.009 address the revised application forms; clarify language with regard to direct verification for medical school education; and delete language requiring prevention of medical errors education at the time of initial licensure. The proposed the rule amendments in Rule 64B8-4.025 set forth requirements for a practice plan for those physicians who are licensed under the supervision of another physician.

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: 456.031, 456.033, 458.309, 458.311, 458.313, 458.3151 FS.

LAW IMPLEMENTED: 456.013(1), (7), (13), 456.031, 456.033, 456.50, 456.0635, 458.311, 458.3124, 458.313, 458.3137, 458.3145, 458.315, 458.3151, 458.316, 458.3165, 458.317 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:

 

64B8-4.009 Applications.

(1) All persons applying for licensure shall submit an application to the Department. The application shall be made on the applicable form set forth below, all of which are hereby adopted and incorporated by reference and can be obtained from the website at http://www.doh.state.fl.us/mqa/medical/me_applicant.html. The application must be accompanied by the application fee.

(a) DH-MQA 1000, entitled “Florida Board of Medicine Medical Doctor Licensure Application,” (7/16) (12/14) available from http://www.flrules.org/Gateway/reference.asp?No=Ref-            05088 or http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(b) DH-MQA 1008, entitled “Florida Board of Medicine Limited License Application,” (7/16) (6/15) available from http://www.flrules.org/Gateway/reference.asp?No=Ref-               05843 or http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(c) DH-MQA 1009, entitled “Board of Medicine Application For Temporary Certificate to Practice in an Area of Critical Need,” (7/16) (8/14) available from http://www.flrules.org/Gateway/reference.asp?No=Ref-              04749 or http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(d) DH-MQA 1032, entitled “Board of Medicine Application Materials for Initial Registration and Renewal of Intern/ Resident/Fellow and House Physician,” (7/16) (4/16) http://www.flrules.org/Gateway/reference.asp?No=Ref-             07276;

(e) DH-MQA 1072, entitled “Board of Medicine Medical Faculty Certificate For Allopathic Physicians,” (7/16) (8/14) available from http://www.flrules.org/Gateway/reference.asp?No=Ref-                04752 or http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(f) DH-MQA 1079, entitled “Temporary Certificate For Visiting Physicians To Obtain Medical Privileges For Instructional Purposes In Conjunction With Plastic Surgery, Medical Or Surgical Training Programs and Educational Symposiums,” (7/16) (8/14) http://www.flrules.org/Gateway/reference.asp?No=Ref-            04753.

(g) DH5001-MQA, entitled “Application Rear Admiral LeRoy Collins, Jr., Temporary Certificate for Active Duty Military and Veterans” (7/16) (8/14) http://www.flrules.org/Gateway/reference.asp?No=Ref-            04750.

(2) An official verification of the applicant’s medical education from the medical school which comes directly from the medical school to the Board office, unless the applicant has had his or her medical credentials evaluated by the Educational Commission for Foreign Medical Graduates (ECFMG) and holds an active, valid certificate issued by the ECFMG.

(3) An applicant must submit examination score reports which come directly from the testing entity to the Board office.

(4) The applicant must submit a statement attesting to the following: Completion of two hours of continuing medical education relating to prevention of medical errors which includes a study of root cause analysis, error reduction and prevention, and patient safety, and which is approved by any state or federal government agency, or nationally affiliated professional association, or any provider of Category I or II American Medical Association Continuing Medical Education. One hour of a two hour course which is provided by a facility licensed pursuant to Chapter 395, F.S., for its employees may be used to partially meet this requirement. The course must include information relating to the five most misdiagnosed conditions during the previous biennium, as set forth in Rule 64B8-13.005, F.A.C.

Rulemaking Authority 456.031, 456.033, 458.309, 458.311, 458.313, 458.3151 FS. Law Implemented 456.013(1), (7), (13), 456.031, 456.033, 456.50, 456.0635, 458.311, 458.3124, 458.313, 458.3137, 458.3145, 458.315, 458.3151, 458.316, 458.3165, 458.317 FS. History–New 3-31-80, Amended 12-4-85, Formerly 21M-22.09, Amended 9-7-88, 3-13-89, 1-1-92, 2-21-93, Formerly 21M-22.009, Amended 11-4-93, Formerly 61F6-22.009, Amended 11-15-94, 2-15-96, Formerly 59R-4.009, Amended 7-10-01, 1-31-02, 5-10-04, 5-20-04, 6-13-06, 12-26-06, 1-18-09, 3-17-09, 10-7-09, 1-7-10, 5-18-10, 2-28-12, 1-27-13, 8-5-13, 11-10-13, 1-9-14, 7-15-14, 9-10-14, 12-2-14, 3-17-15, 5-19-15, 9-28-15, 11-11-15, 8-14-16,                             .

 

64B8-4.025 Licensure Under Supervision. Unless otherwise approved by the Board or its designee, or addressed by Board Order, the following are provisions applicable to Orders rendered by the Board when an applicant is certified for licensure but said licensure is restricted or conditioned in such a manner as to require a period of practice under supervision of another licensee approved by the Board.

(1) No change.

(2) Required Supervision.

(a) through (d) No change. 

(e)  The applicant shall submit to the Board his or her proposed practice plan and designation of an area of practice.  The applicant also shall submit to the Board the name, curriculum vitae, and a letter from the proposed supervisor stating that he or she:

1. is willing to serve as a supervisor;

2. has received a copy of the Board’s order requiring supervision;

3. is aware of his or her duties and responsibilities as a supervisor;

4. discloses any conflicts of interests;

5. specifies distance to the applicant’s practice location; and

6. agrees to appear before the Board if required to do so. 

(f)(e) No change.

(g)(f) No change.

(3) Approval. The Board confers authority on the Chair of the Credentials Committee to temporarily approve an applicant’s supervisor, practice plans, and designation of an area of practice. To obtain this temporary approval, applicant shall submit to the Board the information required in subsection (2)(e). name and curriculum vitae of the proposed supervisor, the proposed practice plan, and designation of an area of practice. Absent said approval, applicant shall not practice medicine until a supervising physician is approved. Temporary approval shall only remain in effect until the next meeting of the Board.  Final approval is to be made by the Board.

(4) through (7) No change.

Rulemaking Authority 458.309 FS. Law Implemented 458.311, 458.313, 458.3145, 458.315, 458.316, 458.3165, 458.317 FS. History–New 9-21-93, Formerly 61F6-22.025, 59R-4.025, Amended 3-12-08, 7-1-13,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Credentials Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 3, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 19, 2016