The proposed rule amendments will update the rule language to clarify the requirements for licensure renewal and authority of physician assistants with prescriptive privileges.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NOS.:RULE TITLES:

64B8-30.005Physician Assistant Licensure Renewal and Reactivation

64B8-30.008Formulary

PURPOSE AND EFFECT: The proposed rule amendments will update the rule language to clarify the requirements for licensure renewal and authority of physician assistants with prescriptive privileges.

SUMMARY: To clarify rule text.

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: 456.013, 456.031(1)(a), 456.033(1), 458.309, 458.347, 458.347(4)(f)1. FS

LAW IMPLEMENTED: 456.013, 456.031(1), 456.033, 456.036, 456.44, 458.347, 458.347(4)(e), (f), 458.3265 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: Paul Vazquez, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B8-30.005 Physician Assistant Licensure Renewal and Reactivation.

(1)  through (5) No change. 

(6) Additional Education for Physician Assistants with Delegated Prescriptive Privileges Renewal of Licensure as a Prescribing Physician Assistant. In addition to the requirements of subsection (2), above, all prescribing physician assistants with prescriptive privileges shall complete a minimum of 10 hours of continuing education in the specialty area(s) of the supervising physician(s), during the previous 2 years. Three of the 10 hours must consist of a continuing education course on the safe and effective prescribing of controlled substance medications which is offered by a statewide professional association of physicians in this state accredited to provide educational activities for the American Medical Association Physician’s Recognition Award Category 1 credit, or designated by the American Academy of Physician Assistants as a Category 1 credit, or designated by the American Osteopathic Association as a Category 1-A credit. These hours may be utilized to meet the general continuing education requirement.

(7)  through (12) No change.  

Rulemaking Authority 456.013, 456.031(1)(a), 456.033(1), 458.309, 458.347 FS. Law Implemented 456.013, 456.031(1), 456.033, 456.036, 458.347 FS. History–New 5-13-87, Amended 1-9-92, Formerly 21M-17.0035, Amended 9-21-93, Formerly 61F6-17.0035, Amended 11-30-94, Formerly 59R-30.005, Amended 6-7-98, 3-3-02, 10-12-03, 7-27-04, 10-19-04, 2-25-07, 11-11-07, 6-2-08, 11-3-09, 1-27-13, 11-13-16, 10-21-20,           .

 

64B8-30.008 Formulary.

(1) Subject to the requirements of this rule, Sections 456.44, 458.347, 458.3265, 459.022 and 459.0137, F.S., and the rules enacted thereunder, drugs not appearing on this formulary may be delegated by a supervising physician to a prescribing physician assistant to prescribe. a A supervising physician may delegate to a prescribing physician assistant with prescribing authority the ability to procure, prescribe, or dispense only those such authorized medicinal drugs as are used in the supervising physician’s practice, except those listed in subsection (2).

(2) Physician assistants prescribing, dispensing or procuring medicinal drugs under the provisions of Section 458.347(4)(e) or 459.022(4)(e), F.S., are not authorized to prescribe, dispense or procure the following medicinal drugs, in pure form or combination:

(a) through (b) No change.

(3)  through (4) No change. 

Rulemaking Authority 458.309, 458.347(4)(f)1. FS. Law Implemented 458.347(4)(e), (f), 458.3265, 456.44 FS. History–New 3-12-94, Formerly 61F6-17.0038, Amended 11-30-94, 2-22-95, 1-24-96, 11-13-96, 3-26-97, Formerly 59R-30.008, Amended 11-26-97, 1-11-99, 12-28-99, 6-20-00, 11-13-00, 2-15-02, 7-30-03, 8-2-09, 10-26-16, 12-6-21,                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rules/Legislative Committee, Board of Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 8, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 29, 2021