The proposed rule amendment clarifies the rule and form to conform to modifications of s. 459.022, Physicians Assistants, by HB 431, Chapter 2021-204 Laws of Florida.

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-12.0031Registration as a Dispensing Physician; Delegation of Dispensing to Prescribing Physician Assistant

PURPOSE AND EFFECT: The proposed rule amendment clarifies the rule and form to conform to modifications of Section. 459.022, Physicians Assistants, by HB 431, Chapter 2021-204 Laws of Florida.

SUMMARY: The proposed rule amendment will clarify the rule and form.

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: 459.005, 465.0276 FS.

LAW IMPLEMENTED: 465.0276, 459.022(4)(e) 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: Kama Monroe, J.D., Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256, or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B15-12.0031 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 Osteopathic Medicine. In order to register as a dispensing physician, the physician must:

(1) through (3) No change. 

(4) Pursuant to Section 459.022(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 64B15-6.0038, F.A.C. The delegation of dispensing to the prescribing physician assistant must be documented with the Board of Osteopathic Medicine by completing form DH-MQA 1240, entitled “Physician Assistant Dispensing Notification Registration,” (8/210), which is hereby incorporated by reference and available from http://www.flrules.org/Gateway/reference.asp?No=Ref-        12396 or from the Board of Osteopathic Medicine’s website at 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 459.005, 465.0276 FS. Law Implemented 465.0276, 459.022(4)(e) FS. History–New 12-6-10, Amended 11-24-20,              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 30, 2021