The proposed rule amendments are intended to delete unnecessary language and to incorporate DH-MQA 1240 into the rule.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-4.008Authorization for Release of Information

64B8-4.029Registration as a Dispensing Physician; Delegation of Dispensing to Prescribing Physician Assistants

PURPOSE AND EFFECT: The proposed rule amendments are intended to delete unnecessary language and to incorporate DH-MQA 1240 into the rule.

SUMMARY: The proposed rule amendments delete unnecessary language in Rule 64B8-4.008 and incorporate DH-MQA 1240 into Rule 64B8-4.009.

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: 458.309, 458.311, 458.313, 458.315, 458.317, 465.0276 FS.

LAW IMPLEMENTED: 458.311, 458.313, 458.315, 458.317, 458.347(4)(e), 465.0276 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: Claudia Kemp, 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:

 

64B8-4.008 Authorization for Release of Information.

Each applicant for licensure shall submit at the time of filing the application an executed authorization and release on a form supplied by the Department, requesting and directing the inspection and furnishing to the Department and Board, or any of its authorized representatives, of all relevant documents, records or other information pertaining to the applicant. Said authorization and release shall also release any individual, firm, officer, corporation, association, organization, or institution from any and all liability in respect to such inspection or the furnishing of any such information.

Rulemaking Authority 458.309, 458.311, 458.313, 458.315, 458.317 FS. Law Implemented 458.311, 458.313, 458.315, 458.317 FS. History–New 3-31-80, Formerly 21M-22.08, 21M-22.008, 61F6-22.008, 59R-4.008, Amended                 .

 

64B8-4.029 Registration as a Dispensing Physician; Delegation of Dispensing to Prescribing Physician Assistants.  A physician may dispense drugs to his or her patient in the regular course of his or her practice provided that the physician is registered as a dispensing physician with the Board of Medicine. In order to register as a dispensing physician, the physician must:

(1) Submit application to the Board on form DH-MQA 1070, entitled “Physician Dispensing Registration,” (7/11), which is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-00780, or the Board of Medicine’s website at http://www.doh.state.fl.us/mqa/medical/me_applicant.html;

(2) through (3) No change.

(4) Pursuant to Section 458.347(4)(e), F.S., a dispensing physician who supervises a Florida-licensed prescribing physician assistant has the authority to delegate to the prescribing physician assistant the dispensing of any medication used in the supervising physician’s practice unless such medication is listed in the formulary set forth in Rule 64B8-30.008, F.A.C. The delegation of dispensing to the prescribing physician assistant must be documented with the Board of Medicine by completing form DH-MQA 1240, entitled “Dispensing Physician Assistant,” (8/10), which is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-            or   the Board of Medicine’s website at https://flboard of medicine.gov/forms/pa-disp-form.pdf http://www.doh.state.fl.us/mqa/medical/me_applicant.html. No fee is required for the delegation of dispensing to physician assistants.

Rulemaking Authority 458.309, 465.0276 FS. Law Implemented 465.0276, 458.347(4)(e) FS. History–New 3-24-10, Amended 12-6-10, 12-27-11,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules/Legislative Committee

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 2, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 21, 2019