The proposed rule amendments are intended to clarify the physician assistant licensure and renewal rules and the fee rule in response to recent statutory changes.

 

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine

RULE NO.: RULE TITLE:
64B15-6.003: Physician Assistant Licensure
64B15-6.0035: Physician Assistant Licensure Renewal and Reactivation
64B15-6.013: Physician Assistant Fees
PURPOSE AND EFFECT: The proposed rule amendments are intended to clarify the physician assistant licensure and renewal rules and the fee rule in response to recent statutory changes.
SUMMARY: The proposed rule amendments clarify language with regard to physician assistant prescribing in response to recent amendments to the statute.
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, based upon the expertise and experience of its members, 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, 45.033, 456.036, 458.347(7), 459.005, 459.009, 459.022 FS.
LAW IMPLEMENTED: 456.013, 456.031, 456.033, 456.036, 459.009, 459.022 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: Anthony Jusevitch, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-6.003 Physician Assistant Licensure.

(1) Requirements for Licensure.

(a) All applicants for licensure as physician assistants shall apply submit an application to the Department. The application shall be made on Form DH-MQA 2000, entitled “Application for Licensure as a Physician Assistant,” (revised 8/12 10/09), hereby adopted and incorporated by reference, and can be obtained from the Board of Medicine’s website at http://www.flrules.org/Gateway/reference.asp?__________or http://www.doh.state.fl.us/ mqa/PhysAsst/index.html. The applicant must meet all of the requirements of Section 458.347(7) or 459.022(7), F.S., and the applicant must submit two personalized and individualized letters of recommendation from physicians. Letters of recommendation must be composed and signed by the applicant’s supervising physician, or, for recent graduates, the preceptor physician, and give details of the applicant’s clinical skills and ability. Each letter must be addressed to and directed to the Council on Physician Assistants and must have been written no more than six months prior to the filing of the application.

(b) No change.

(2) Applicants for licensure who have not passed the National Commission on Certification of Physician Assistants Physician Assistant National Certifying Exam NCCPA licensure examination within five (5) attempts and have not practiced as a fully licensed physician assistant shall be required to successfully complete a minimum of three (3) months in a full-time review course at an accredited physician assistant program approved by the Chair of the Council on Physician Assistants Assistant Committee.  Said, which completion shall be documented by a letter signed by the head of the program stating that the applicant has satisfactorily completed the course.

(3) through (4)  No change.

(5) Licensure as a Prescribing Physician Assistant.

(a) An applicant for licensure as a prescribing physician assistant shall, together with the supervising physician, jointly submit the “Application for Licensure As a Prescribing Physician Assistant” DH-MQA 2001 (Revised 8/10), which is hereby incorporated by reference and can be obtained from the Board of Medicine’s website at http://www.doh.state.fl.us/mqa/PhysAsst/index.html. The same application may be utilized by any alternate supervising physicians, provided that all supervising physicians practice in the same specialty area and in the same practice setting. A separate application form shall be required for each distinct specialty area of practice, as well as for each distinct practice setting. Satellite offices within the same practice do not constitute distinct practices.

(b) The applicant shall have completed a 3 hour course approved by the Board in prescriptive practice, which shall cover the limitations, responsibilities, and privileges involved in prescribing medicinal drugs.

(c) The fee for licensure as a prescribing Physician Assistant shall be as set forth in Rule 64B15-6.013, F.A.C., and shall be in addition to any other applicable fees in said rule. No additional fees will be required for any separate application for a distinct area of practice, or a change in practice setting during the same biennium.

(d) Changes to the Application as a Prescribing Physician Assistant shall be made on the form entitled “Application for Changes to the Prescribing License,” DH-MQA 2002 (Revised 8/10), which is hereby incorporated by reference and can be obtained from the Board of Medicine’s website at http://www.doh.state.fl.us/mqa/PhysAsst/index.html.

(5) (6) No change.

Rulemaking Authority 458.347(7), 459.005, 459.022 FS. Law Implemented 456.013, 456.031, 456.033, 459.022 FS. History–New 10-18-77, Formerly 21R-6.03, Amended 10-28-87, 4-21-88, 4-18-89, 9-26-90, 5-20-91, 10-28-91, 3-16-92, Formerly 21R-6.003, Amended 11-4-93, 3-29-94, Formerly 61F9-6.003, Amended 2-1-95, Formerly 59W-6.003, Amended 6-7-98, 3-10-02, 2-23-04, 10-30-06, 2-25-07, 5-20-09, 2-2-10, 12-6-10,                   .

 

64B15-6.0035 Physician Assistant Licensure Renewal and Reactivation.

(1) No change.

(2) Requirements for Renewal.

(a) Completion of the Physician Assistant licensure certification renewal application on the appropriate form provided by the Department, form PA/REN003, entitled “Affidavit”, effective 11-30-94, which is incorporated herein by reference and available from the Council office.

(b) through (f)  No change.

(3)(a) No change.

(b) Five hours of continuing medical education in the subject area of risk management or medical ethics as designated by the licensee at the time of attendance may be obtained by attending one full day or eight (8) hours, whichever is more, of disciplinary hearings at a regular meeting of the Board of Medicine or the Board of Osteopathic Medicine in compliance with the following:

1. through 2.  No change.

3. The licensee must sign out with the Executive Director of the Board at the end of the meeting day or at such other earlier time as affirmatively authorized by the Board. A licensee may receive CME credit in risk management for attending the disciplinary portion of a Board meeting only if he or she is attending on that date solely for that purpose; he or she may not receive such credit if appearing at the Board meeting for another purpose. A member of the Board of Osteopathic Medicine may obtain 10 hours of continuing medical education per biennium in the subject area of risk management for attendance at the disciplinary portion of Board meetings.

(4) through (7)  No change.

(8) Licensure Renewal or Reactivation Applications.

(a) Application for renewal as a licensed Physician Assistant and as a prescribing Physician Assistant or for reactivation must be made upon forms supplied by the Council.

(b) Renewal or reactivation application forms submitted to the Council must be complete in every detail and must be typed or printed legibly in black ink.

(8)(9) No change.

(9)(10) No change.

(10)(11) No change.

(11)(12) No change.

(12)(13) No change.

Rulemaking Authority 456.013, 456.033(1), 459.005, 459.022 FS. Law Implemented 456.013, 456.031, 459.022(7)(b), (c) FS. History–New 10-28-87, Amended 4-21-88, 1-3-93, Formerly 21R-6.0035, Amended 11-4-93, 3-29-94, Formerly 61F9-6.0035, 59W-6.0035, Amended 6-7-98, 10-16-01, 3-10-02, 7-13-04, 7-27-04, 2-25-07, 11-11-07, 6-2-08, 11-3-09,              .

 

64B15-6.013 Physician Assistant Fees.

The following fees are prescribed by the Council and adopted by the Boards:

(1) through (3)  No change.

(4) The application fee for a person applying to be certified as a prescribing physician assistant shall be $200.00. The fee for initial certification as a prescribing physician assistant shall be $200.00. The renewal fee for a prescribing physician assistant shall be $150.00. No additional fees will be required for any separate application for a distinct area of practice or a change in practice setting during the same biennium.

(4) (5) No change.

(5)  Physician assistants with prescribing authority shall pay an additional biennial renewal fee of $150.

(6) through (10)  No change.

Rulemaking Authority 456.036(3), (4), (5), (7), 459.005, 459.009, 459.022(7) FS. Law Implemented 456.036(3), (5), (7), 456.065(3), 459.009, 459.022(7) FS. History–New 11-4-93, Amended 2-20-94, Formerly 61F9-6.013, 59W-6.013, Amended 8-11-98, 2-23-04, 7-27-04, 12-6-04, 11-11-07, 8-25-10,                         .

NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2012