The proposed rule amendment is intended merge some of the language which is currently contained in rule 64B8-9.014 into the telemedicine practice rule.  

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    DEPARTMENT OF HEALTH

    Board of Medicine

    RULE NO.:RULE TITLE:

    64B8-9.0141Standards for Telemedicine Practice

    PURPOSE AND EFFECT: The proposed rule amendment is intended merge some of the language which is currently contained in Rule 64B8-9.014, F.A.C., into the telemedicine practice rule.

    SUMMARY: The proposed rule amendment merges some of the language which is currently contained in Rule 64B8-9.014, F.A.C., into the telemedicine practice rule.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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 determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature.  The rule imposes no additional regulation or costs on licensees. Some of the language which currently exists in Rule 64B8-9.014, F.A.C., is simply being placed into this rule. This rule amendment will not have any additional impact on licensees and their businesses or the businesses that employ them. The rule amendment will  not increase any fees, business costs, personnel costs, will not decrease profit opportunities, will not require any specialized knowledge to comply, and will not increase any direct or indirect regulatory costs. 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: 458.331(1)(v) FS.

    LAW IMPLEMENTED:  458.331(1)(v) 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:

     

    64B8-9.0141 Standards for Telemedicine Practice.

    (1) through (4) No change.

    (5) Prescribing medications based solely on an electronic medical questionnaire constitutes the failure to practice medicine with that level of care, skill, and treatment which is recognized by reasonably prudent physicians as being acceptable under similar conditions and circumstances, as well as prescribing legend drugs other than in the course of a physician’s professional practice.

    (6) Physicians and physician assistants shall not provide treatment recommendations, including issuing a prescription, via electronic or other means, unless the following elements have been met:

    (a) A documented patient evaluation, including history and physical examination to establish the diagnosis for which any legend drug is prescribed.

    (b) Discussion between the physician or the physician assistant and the patient regarding treatment options and the risks and benefits of treatment.

    (c) Maintenance of contemporaneous medical records meeting the requirements of Rule 64B8-9.003, F.A.C.

    (5) through (7) renumbered (7) through (9) No change.

    (a) through (c) No change.

    (d) The provisions of this rule shall not be construed to prohibit patient care in consultation with another physician who has an ongoing relationship with the patient, and who has agreed to supervise the patient’s treatment, including the use of any prescribed medications, nor on-call or cross-coverage situations in which the physician has access to patient records.

    Rulemaking Authority 458.331(1)(v) FS. Law Implemented 458.331(1)(v) FS. History‒New 3-12-14, Amended 7-22-14,__________.

     

    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 1, 2014

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2014

     

Document Information

Comments Open:
9/4/2014
Summary:
The proposed rule amendment merges some of the language which is currently contained in rule 64B8-9.014 into the telemedicine practice rule.
Purpose:
The proposed rule amendment is intended merge some of the language which is currently contained in rule 64B8-9.014 into the telemedicine practice rule.
Rulemaking Authority:
458.331(1)(v), FS
Law:
458.331(1)(v), FS
Contact:
Allison M. Dudley, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.
Related Rules: (1)
64B8-9.0141. Standards for Telemedicine Practice