The proposed rule amendments clarify the Board’s rule with regard to advertising of specialty certification.

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

Rule No.: RULE TITLE
64B15-14.001: Advertisings
PURPOSE AND EFFECT: The proposed rule amendments clarify the Board’s rule with regard to advertising of specialty certification.
SUMMARY: The proposed rule amendments clarify the Board’s rule with regard to the advertising of specialty certification. Additionally, the rule specifies those entities recognized by the Board for the purpose of advertising.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule amendments will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 459.005, 459.015(1)(d), (e), (l), (m), (o), (v) FS.
LAW IMPLEMENTED: 459.015(1)(d), (e), (l), (m), (o), (v) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Jusevitch, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-14.001 Advertisings.

(1) No change.

(2) No physician shall disseminate or cause the dissemination of any advertisement or advertising which is in any way false, deceptive, or misleading. Any advertisement or advertising shall be deemed by the Board to be false, deceptive, or misleading if it:

(a) through (g) No change.

(h) States or implies that an osteopathic physician has been certified as a specialist in any aspect of the practice of osteopathic medicine unless he or she has in fact received such certification, meets the training requirements of paragraph 64B15-14.001(2)(g), F.A.C., includes the name of the certifying agency in any statement or advertisement claiming certification. For purposes of this rule, the Board approves the specialty boards of the American Board of Medical Specialties (ABMS), the American Osteopathic Association (AOA), and such other recognizing agencies as may request and receive future approval by the Board based upon the following criteria:, and the certifying agency meets the following criteria:

1. through 6. No change.

(i) through (k) No change.

(3) through (4) No change.

(5) The recognizing agencies currently approved by the Board of Osteopathic Medicine include:

(a) American Association of Physician Specialists, Inc. (Approved June, 2002).

(b) American Board of Inventional Pain Physicians (Approved August, 2010).

Rulemaking Specific Authority 459.005, 459.015(1)(d), (e), (l), (m), (o), (v) FS. Law Implemented 459.015(1)(d), (e), (l), (m), (o), (v) FS. History–New 7-1-80, Formerly 21R-14.01, Amended 10-28-91, Formerly 21R-14.001, 61F9-14.001, 59W-14.001, Amended_______.

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: August 20, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010