The proposed rule amendment is intended to clarify the requirements regarding financial responsibility and to incorporate the revised financial responsibility form into the Board’s rule.

 

DEPARTMENT OF HEALTH

Board of Medicine

RULE NO.:RULE TITLE:

64B8-12.005Procedures

PURPOSE AND EFFECT: The proposed rule amendment is intended to clarify the requirements regarding financial responsibility and to incorporate the revised financial responsibility form into the Board’s rule.

SUMMARY: The proposed rule amendment clarifies the requirements with regard to financial responsibility and incorporates the revised financial responsibility form into the Board’s rule.

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, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. The rule imposes no additional regulation or costs on licensees. The rule incorporates the revised form in the rule. The rule amendment will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, will not require any specialized knowledge to comply, and will not increase any direct or indirect regulatory costs. 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, 458.320 FS.

LAW IMPLEMENTED: 458.320 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: Allison M. Dudley, 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:

 

64B8-12.005 Procedures.

(1)(a) At the time a person seeks initial licensure, renewal of a license or reactivation of an inactive license that person must show compliance with the requirements of Section 458.320, F.S., before a license, or an active license, respectively, shall be issued.

(2)(b) During the license renewal period of each biennium, an application for renewal will be mailed to each licensee at the last address provided to the Board. It is the responsibility of the licensee to timely renew his or her license. Failure to receive a any notification from the Department during this period does not relieve the licensee of the responsibility of meeting the financial responsibility or renewal requirements.

(3)(2)(a) A licensee seeking to renew a license, reactivate an inactive license or update a previously filed financial responsibilty disclosure must complete form DH-MQA 1014, Financial Responsibility, 8/14, which is hereby incorporated by reference. To obtain the form, the licensee may contact the Board of Medicine at 4052 Bald Cypress Way, Bin #C03, Tallahassee, FL 32399-3254, or download the from the Board’s website at www.flboardofmedicine.gov or at http://www.flrules.org/Gateway/reference.asp?No=______. The application for initial licensure, renewal, or reactivation shall include a form on which the licensee shall make a notarized written statement asserting that he or she is in compliance with the financial responsibility law and identifying the form of compliance (escrow account, insurance, or letter of credit) or asserting that he or she is exempt from the requirements of financial responsibility and identifying the claimed exemption (government employee, inactive licensee not practicing in Florida, holder of limited license, license or certificate holder practicing only in conjunction with teaching duties, active licensee not practicing in Florida, retiree or part-time practitioner, licensee who agrees to pay adverse judgment). The short-phrase terms used in the preceding sentence are only for purposes of identification; each licensee is responsible for reviewing the full and exact requirements for each method of compliance or delineation of exemption and for determining his compliance or eligibility based on the complete statutory language.

(4)(b) No change.

(5)(3) No change.

(6)(4) No change.

Rulemaking Authority 458.309, 458.320 FS. Law Implemented 458.320 FS. History–New 3-15-87, Formerly 21M-40.005, 61F6-40.005, 59R-12.005, Amended_________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 1, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 17, 2014