The proposed rule amendments are intended to resolve conflicts in the statute with regard to unlicensed physicians and fellows.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-6.001Unlicensed Physician; Definition of

64B8-6.0015Fellows; Definition of

64B8-6.009Registration Mandatory; Unlicensed Physician

PURPOSE AND EFFECT: The proposed rule amendments are intended to resolve conflicts in the statute with regard to unlicensed physicians and fellows.

SUMMARY: The proposed rule amendments clarify the current rules regarding unlicensed physicians and fellows so that the rules are consistent with the current statutes.

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, based upon the expertise and experience of its members, 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: 458.309, 458.345 FS.

LAW IMPLEMENTED: 458.345 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: Allison M. Dudley, 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:

 

64B8-6.001 Unlicensed Physician; Definition of.

An unlicensed physician is a person holding a degree as a medical doctor or its equivalent, but not licensed by the Board of Medicine. For the purpose of administering this rule chapter, such unlicensed physicians shall embrace and include resident physicians, assistant resident physicians, house physicians, interns, or fellows in fellowship training which leads to subspecialty board certification or in fellowship training in a teaching hospital in this state as definined in Section 408.07(45) or Section 395.805(2), Florida Statutes, interns, resident physicians, assistant resident physicians, fellows in fellowship training which leads to subspecialty board certification, and house physicians as these terms are hereinafter defined.

Rulemaking Specific Authority 458.309, 458.345 FS. Law Implemented 458.345 FS. History–New 3-31-80, Formerly 21M-23.01, Amended 1-31-90, Formerly 21M-23.001, 61F6-23.001, 59R-6.001, Amended_________.

 

64B8-6.0015 Fellows; Definition of.

The term “fellow,” as used in Section 458.345, F.S., and this rule chapter, encompasses only persons in fellowship training which leads to subspecialty board certification by a specialty board of the American Board of Medical Specialties, or in fellowship training in a teaching hospital in this state as defined in Section 408.07(45) or Section 395.805(2), Florida Statutes.

Rulemaking Specific Authority 458.309, 458.345 FS. Law Implemented 458.345 FS., Section 12, Chapter 89-374, Laws of Florida. History–New 1-31-90, Formerly 21M-23.0015, 61F6-23.0015, 59R-6.0015, Amended_________.

 

64B8-6.009 Registration Mandatory; Unlicensed Physician.

(1) Every unlicensed physician engaged or employed in the practice of medicine in a hospital in the State of Florida, where such practice is authorized by law, shall apply to be registered by the Department. The Department shall register any applicant the Board certifies as eligible.

(2) Registration automatically expires after 2 years without further action by the Board or the Department unless an application for renewal is approved by the Board. No person registered under Section 458.345, F.S., shall be employed or utilized by a hospital as a house physician or act as a resident physician, assistant resident physician, intern, or fellow in fellowship training which leads to a subspecialty board certification or in fellowship training in a teaching hospital in this state as defined in Section 408.07(45) or Secttion 395.805(2), Florida Statutes, by a hospital for more than 2 years unless that person has a valid, active license or has renewed registration pursuant to Section 458.345, F.S.

Rulemaking Specific Authority 458.309, 458.345 FS. Law Implemented 458.345 FS. History–New 3-31-80, Formerly 21M-23.09, Amended 9-11-90, Formerly 21M-23.009, Amended 11-4-93, Formerly 61F6-23.009, 59R-6.009, Amended_________.

 

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: August 2, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 26, 2013