The purpose and effect of this rule amendment is to eliminate unnecessary language and incorporate the format of the practitioner profile the agency is required to prepare.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-2.001Practitioner Profile

PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to eliminate unnecessary language and incorporate the format of the practitioner profile the agency is required to prepare.

SUMMARY: Practitioner Profile identifies items necessary to populate a health care practitioner’s public profile.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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: 456.004, 456.044 FS.

LAW IMPLEMENTED: 456.039, 456.0391, 456.041, 456.042, 456.043, 456.044, 456.045, 456.046 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lola Pouncey, [e-mail], Florida Department of Health, Division of Medical Quality Assurance, 4052 Bald Cypress Way, Bin C-01, Tallahassee, Florida 32399, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lola Pouncey, using the contact information above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-2.001 Practitioner Profile.

The Practitioner Profile information shall consist of: be compiled in the format of the Practitioner Profile Information Form, DH-MQA 2130, Eff. 08/15, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX

(1) “Practitioner Information” shall consist of the practitioner’s license number, license status, year the practitioner began practicing his or her profession, primary business name, business address, business city and state, each hospital where practitioner has staff privileges, hospital city and state, and each faculty appointment held by the practitioner including the practitioner’s faculty title, and the name, city and state of the institution.

(2) “Education and Training” shall consist of the name of each school attended, the degree title, dates attended, and date of graduation. It will also consist of other health related degrees the practitioner has received, the degree title, and years attended.

(3) “Professional and Postgraduate Training” shall consist of each program’s name, program type, specialty area, program city, state and country, and years attended.

(4) “Specialty” shall consist of the name of each certifying body and the title of each certification received by the practitioner.

(5) “Optional Information” may include, but is not limited to, the following:

(a) Committees/memberships organization name;

(b) Professional or community service award name and organization;

(c) Publications in peer-reviewed medical literature including publication title and the year it was published;

(d) Languages spoken other than English;

(e) Other affiliations organization name;

(f) E-mail address;

(g) Other professional licenses, including jurisdiction and profession.

(6) “Financial Responsibility” shall consist of the practitioner’s chosen method of demonstrating financial responsibility in accordance with Section 456.048, 458.320 or 459.0085, F.S.

(7) “Criminal Offenses” shall include that criminal information that directly relates to the practitioner’s ability to competently practice his or her profession and shall consist of each offense to which the applicant pled guilty, pled nolo contendere, or was found guilty of, regardless of adjudication; the date of the offense; and the jurisdiction of the offense. The profile shall include a warning that “the criminal history information, if any exists, may be incomplete; federal criminal history information is not available to the public.” If the applicant indicates to the department and submits a copy of the document initiating an appeal, the department shall state this on the profile. If the criminal history information is not corroborated by a criminal history check, the profile shall so indicate.

(8) “Final Disciplinary Action” taken within the previous 10 years shall consist of the name of the board, organization, or institution; the date of the discipline; and description of the action taken, to the extent available. If the applicant indicates to the department and submits a copy of the document initiating an appeal, the department shall state this on the profile.

(9) “Liability Claims Exceeding $5,000.00” within the previous 10 years shall consist of the nature of the claim, including the incident date, county, judicial case number, settlement date, settlement amount, and policy amount, to the extent available; and the statutory explanation of why a settlement may have occurred. This subsection is not applicable to individuals profiled pursuant to Section 456.0391, F.S.

(10) When a profile question is not applicable to a particular profession or to a practitioner being profiled, or the practitioner has failed to provide the required information, it will be indicated on the practitioner’s profile.

Rulemaking Specific Authority 456.004, 456.044 FS. Law Implemented 456.039, 456.0391, 456.041, 456.042, 456.043, 456.044, 456.045, 456.046 FS. History–New 8-12-99, Amended 9-2-01, 6-16-03, 3-28-05,____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lola Pouncey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2014