The Board proposes the rule amendment to update language concerning standards of practice.

 

DEPARTMENT OF HEALTH

Board of Chiropractic

RULE NO.:RULE TITLE:

64B2-17.0025Standard of Practice for Phlebotomy, Physiotherapy, and the Administration of Items for Which a Prescription is not Required; Prohibition of Prescribing or Administering Legend Drugs

PURPOSE AND EFFECT: The Board proposes the rule amendment to update language concerning standards of practice.

SUMMARY: The standards of practice will be updated.

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: 460.405 FS.

LAW IMPLEMENTED: 460.403(8)(c), (f), 460.413(1)(t) 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: William Miller, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin # C07, Tallahassee, Florida 32399-3257

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-17.0025 Standard of Practice for Phlebotomy, Physiotherapy, Diagnostic Tests, Treatment, and the Administration of Items for Which a Prescription is not Required; Prohibition of Prescribing or Administering Legend Drugs.

(1) Any chiropractic physician who in his or her practice performs or supervises uses physiotherapy, phlebotomyizes, diagnostic tests, treatment, interprets diagnostic test results, or administers items for which a prescription is not required, as authorized by Section 460.403(9), Florida Statutes, must have acquired the competence to perform said service, procedure, or treatment through appropriate education and/or training. Any chiropractic physician who provides any treatment or service for which he or she has not been specifically educated or trained shall be deemed to be performing professional responsibilities which the licensee knows or has reason to know he or she is not competent to perform, and shall be subject to discipline pursuant to Section 460.413(1)(t), Florida Statutes.

(2) For the purpose of Chapter 460.403(9)(8)(c), Florida Statutes, “items for which a prescription is not required” include “proprietary drugs” such as patent or over-the-counter drugs in their unbroken, original package and which is not misbranded under the provisions of Chapter 499.001-499.081, Florida Statutes.

(3) For the purpose of Chapter 460.403(9)(8)(c), Florida Statutes, and this rule “administration” is defined as the administration of one dose of any proprietary drug, and the recommendation and direction of dosage levels for the patient’s needs. Administration shall not include dispensing of repackaged proprietary drugs.

(4) through (5) No change.

Rulemaking Specific Authority 460.405 FS. Law Implemented 460.403(7), (8), 460.403(9)(8)(c), (f), 460.413(1)(t) FS. History–New 10-17-90, Formerly 21D-17.0025, 61F2-17.0025, 59N-17.0025, Amended 2-16-98,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 16, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 30, 2013