The proposed rule amendments clarify the rule and set forth the criteria for triennial review of entities holding themselves out as board certified in dermatology.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO.: RULE TITLE:
64B8-11.001: Advertising
PURPOSE AND EFFECT: The proposed rule amendments clarify the rule and set forth the criteria for triennial review of entities holding themselves out as board certified in dermatology.
SUMMARY: The proposed rule amendments clarify requirements with regard to advertising and set forth the criteria for triennial review of entities holding themselves out as board certified in dermatology.
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 FS.
LAW IMPLEMENTED: 456.072(1)(t), 458.331(1)(d), (l), (n), (o), 458.3312 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 RULE IS: Joy A. Tootle, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-11.001 Advertising.

(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 (e) No change.

(f) States or implies that the physician has received formal recognition as a specialist in any aspect of the practice of medicine unless the physician has in fact received such recognition and such recognizing agency is approved by the Board. However, a physician may use on letterhead or in advertising a reference to the physician’s specialty recognition received from a recognizing agency that has not been approved by the Board only if the letterhead or advertising also contains in the same print size or volume the statement that “The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine.” For purposes of this rule, the Board approves the specialty boards of the American Board of Medical Specialties (ABMS) as recognizing agencies, and such other recognizing agencies as may request and receive future approval by the Board based upon the following criteria:

1. through 3. No change.

4. The recognizing agency, if it is not an ABMS board, must require as part of its certification requirement that each member receiving certification be currently certified by a specialty board of the ABMS.

4.5. No change.

5.6. No change.

6.7. No change.

(g) through (k) No change.

(3) through (7) No change.

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

(a) through (b) No change.

(c) American Association of Physician Specialists, Inc./American Board of Physician Specialties (Approved February 2002).

(d) No change.

(9) No person licensed pursuant to Chapter 458, F.S., shall hold himself or herself out as a board-certified specialist in dermatology unless the recognizing agency is one of the specialty organizations recognized in Section 458.3312, F.S. or subsection (8) above and has been triennially reviewed and re-authorized by the Board of Medicine. In order to be re-authorized, the specialty organization must demonstrate that throughout the period of triennial renewal it has complied with the following criteria:

(a) The recognizing agency must be an independent body that certifies members as having advanced qualifications in a particular allopathic medical specialty through peer-reviewed demonstrations of competence in dermatology.

(b) Each specialty recognition awarded to an allopathic physician during the triennial review period must have required completion of an allopathic medical residency program approved by either the Accreditation Council of Graduate Medical Education (ACGME) or the Royal College of Physicians and Surgeons of Canada in dermatology.

(c) Specialty recognition must require successful completion of a comprehensive examination administered by the recognizing agency pursuant to written procedures that ensure security and grading standards.

(d) The recognizing agency must have been determined by the Internal Revenue Service of the United States to be a legitimate not for profit entity pursuant to Section 501(c) of the Internal Revenue Code.

(e) The recognizing agency must have full time administrative staff, housed in dedicated office space which is appropriate for the agency’s program and sufficient for responding to consumer or regulatory inquiries.

(f) The recognizing agency must have written by-laws, and a code of ethics to guide the practice of its members and an internal review and control process including budgetary practices, to ensure effective utilization of resources.

(g) Any recognizing agency seeking to submit to triennial review and to obtain reauthorization from the Board of Medicine shall submit to the Board of Medicine documentation of compliance with the criteria set forth in paragraphs (a) through (f) above in a format that is readable and easily understood. Such submission shall be made during the last six months of a triennial period and no less than 90 days prior to the end of a triennial period. Based upon review of the documentation submitted, the Board of Medicine will either grant or deny the request for reauthorization in writing prior to the expiration of the triennial period in which the documentation is submitted. The recognizing agency or any Florida licensed physician holding specialty certification from the recognizing entity shall have the right to challenge a written denial of reauthorization as provided in Section 120.57, F.S. and during the time it takes to complete such a challenge the provisions of Section 120.60(4), F.S. shall apply.

Rulemaking Authority 458.309 FS. Law Implemented 456.072(1)(t), 458.331(1)(d), (l), (n), (o), 458.3312 FS. History–New 3-31-80, Formerly 21M-24.01, Amended 11-15-88, Formerly 21M-24.001, Amended 12-5-93, Formerly 61F6-24.001, Amended 4-3-95, 4-16-96, 5-29-97, 5-7-97, Formerly 59R-11.001, Amended 1-31-01, 9-1-02, 1-16-07, 10-17-10,_________.

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 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 31, 2012