The proposed rule amendments in Rules 64B8-4.009 and 4.024 are intended to delete language which is no longer necessary. The proposed rule amendment in Rule 64B8-4.027 is intended to clarify language with regard to the USMLE.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-4.009Applications

64B8-4.024Restricted Licenses for Areas of Critical Need

64B8-4.027Restricted License for Certain Experienced Foreign-Trained Physicians; Restriction on Practice

PURPOSE AND EFFECT: The proposed rule amendments in Rules 64B8-4.009 and 4.024, F.A.C. are intended to delete language which is no longer necessary. The proposed rule amendment in Rule 64B8-4.027, F.A.C. is intended to clarify language with regard to the USMLE.

SUMMARY: The proposed rule amendments in Rules 64B8-4.009 and 4.024, F.A.C. delete language which is no longer necessary. The proposed rule amendment in Rule 64B8-4.027 clarifies language with regard to the USMLE.

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, 458.310, 458.311, 458.313, 458.3124(6), 458.3151 FS.

LAW IMPLEMENTED: 456.013(1), (7), (13), 456.031, 456.033, 456.50, 456.0635, 458.310, 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: André Ourso, J.D., M.P.H., 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) through (4) No change.

(5) The application may not be used for more than one year from the date of original submission of the application. A new application and new fee shall be required from any applicant who still seeks to be licensed.

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,__________.

 

64B8-4.024 Restricted Licenses for Areas of Critical Need.

(1) Areas of critical need, as that term is used in Section 458.310, F.S., are state mental institutions, state institutions for the mentally retarded, the Department of Corrections, all governmental correctional and detention facilities, and health manpower shortages areas established by the United States Department of Health and Human Services.

(2) Receipt of a restricted license does not automatically entitle the physician to a full, unrestricted license unless the requirements of Sections 458.311 and 458.313, F.S., in effect at the time of application for the full, unrestricted license are met.

Rulemaking Specific Authority 458.309, 458.310 FS. Law Implemented 458.310 FS. History–New 11-4-93, Formerly 61F6-22.024, 59R-4.024, Amended 4-9-08,____________.

 

64B8-4.027 Restricted License for Certain Experienced Foreign-Trained Physicians; Restriction on Practice.

(1) No change.

(2) Passage of steps I and II of the United States Medical Licensure Exam shall require The phrase “successful completion of the licensure examination” is interpreted as requiring obtaining a passing score of no less than 75 within the time frame set forth in Section 458.3124(3), F.S. Specifically, if the applicant has failed the examination five times within five calendar years, the applicant is no longer eligible for licensure.

Rulemaking Authority 458.309, 458.3124(6) FS.Law Implemented 458.3124 FS.History–New 8-18-98, Amended____________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2015