The proposed rule amendments are intended to clarify the language regarding county health departments which were previously referred to as local health units. Additionally, the word supervision is being clarified.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-7.002Previously Inactive Applicants; Limited License

64B8-7.004Supervision and Reporting Requirements

PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the language regarding county health departments which were previously referred to as local health units. Additionally, the word supervision is being clarified.

SUMMARY: The proposed rule amendments clarify the language regarding county health departments which were previously referred to as local health units. Additionally, supervision as used in Section 458.317(1)(b), F.S., is being clarified.

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, 458.317 FS.

LAW IMPLEMENTED: 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: 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:

 

64B8-7.002 Previously Inactive Applicants; Limited License.

(1) Any applicant for limited licensure who has been out of the active practice of the profession of medicine for more than three years prior to the application for limited licensure must function under the supervision of the full-time director of a county local health department unit or a licensed physician approved by the board for a period of at least six months consistent with the following criteria:

(a) The particular program must be described to and approved by the Board.

(b) The applicant for limited licensure must be utilized in medically oriented and related work.

(2) It shall be the responsibility of the applicant for limited licensure to insure that the director of the county health department local health unit files with the Department a statement certifying that the applicant has successfully completed the six month training program pursuant to the guidelines of this rule and Section 458.317, F.S.

(3) No change.

Rulemaking Authority 458.309, 458.317 FS. Law Implemented 458.317 FS. History–New 3-31-80, Formerly 21M-25.02, Amended 1-1-92, Formerly 21M-25.002, 61F6-25.002, 59R-7.002, Amended 12-14-99,                .

 

64B8-7.004 Supervision and Reporting Requirements.

(1) It shall be the responsibility of the full time director of the county health department county public health unit director or the licensed physician approved by the board as provided in Section 458.317(1)(b), F.S., to assist in the supervision of any limited licensee. In the absence of specific approval by the board of supervision by a physician other than the director, the director shall be responsible for the supervision required by Section 458.317, F.S.

(2) The phrase “supervision,” as used in Section 458.317, F.S., shall mean that the supervising physician must be within a 30 minute driving commute if the physical presence of the physician is necessary and must be immediately available by telecommunications easily available and must have a pre-arranged plan of activity or treatment for specific patient problems which the supervised limited licensee may carry out in the absence of any complicating features.

Rulemaking Authority 458.309, 458.317 FS. Law Implemented 458.317 FS. History–New 3-31-80, Formerly 21M-25.04, Amended 3-9-87, Formerly 21M-25.004, 61F6-25.004, 59R-7.004, Amended 11-11-15,                       .

 

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