The proposed rule amendments are intended to set forth the five most misdiagnosed conditions for the purpose of the course in prevention of medical errors and to clarify the requirements of licensure renewal as it relates to continuing medical ...

 

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO.: RULE TITLE:
64B15-13.001: Continuing Education for Biennial Renewal
64B15-13.003: Proof of Completion of Continuing Medical Education Hours

PURPOSE AND EFFECT: The proposed rule amendments are intended to set forth the five most misdiagnosed conditions for the purpose of the course in prevention of medical errors and to clarify the requirements of licensure renewal as it relates to continuing medical education.

SUMMARY: The proposed rule amendments set forth the five most misdiagnosed conditions for the purpose of the course in prevention of medical errors and clarify the requirements of licensure renewal as it relates to continuing medical education.

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: 456.013(9), 459.005, 459.008 (2),(4) FS.

LAW IMPLEMENTED: 456.013, 456.031, 459.013(8), (9), 459.008 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES 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 RULES IS:

64B15-13.001 Continuing Education for Biennial Renewal.

(1) through (2) No change.

(3)(a) For purposes of this rule, risk management means the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing, or eliminating identifiable risks as defined in Section 741.30, F.S.

(b) through (e) No change.

(f) For purposes of this rule, a two hour Prevention of Medical Errors course shall include a study of root cause analysis, error reduction and prevention, and patient safety. The course shall address medication errors, surgical errors, diagnostic inaccuracies, and system failures, and shall provide recommendations for creating safety systems in health care organizations. The course must include information relating to the five most mis-diagnosed conditions during the previous biennium, as determined by the Board. The following areas have been determined as the five most mis-diagnosed conditions:

1. Inappropriate prescribing of opioids in patients in whom there have been misdiagnosis or failure to diagnose addiction, psychiatric conditions and diversion;

2. Failure or delay in diagnosing cancer;,

3. Wrong-site/patient surgery;, acute abdomen, heart conditions, and

4. Surgical complications/errors; and

5. Failure to accurately diagnose cardiac and abdominal conditions.

(4) through (6) No change.

Rulemaking Authority 456.013(9), 459.005, 459.008(4) FS. Law Implemented 456.013, 456.031, 459.013(8), (9), 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,________.

64B15-13.003 Proof of Completion of Continuing Medical Education Hours.

(1) At the time of licensure renewal, each physician shall be required to submit to the Department the renewal application as required by Rule 64B-9.001, F.A.C., to pay the applicable, fee, and to comply with the an affirmation that the physician has earned the required 40 hours of continuing medical education (C.M.E.) requirements of Rule pursuant to paragraph 64B15-13.001(1)(a), F.A.C. Each physician shall be responsible for maintaining proof of C.M.E. hours for the biennium in which the hours were earned for renewal and for a period of at least four (4) years after the close of the renewal period for which the physician is submitting the hours.

(2) No change.

Rulemaking Authority 459.005, 459.008(2) FS. Law Implemented 459.008(4) FS. History–New 1-29-86, Amended 4-8-91, Formerly 21R-13.003, Amended 1-10-94, Formerly 61F9-13.003, 59W-13.003, 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: May 11, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2012