The proposed rule sets forth an optional informed consent form which physicians may use as their consent form for cataract surgery.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO.: RULE TITLE:
64B8-9.017: Optional Informed Consent for Cataract Surgery

PURPOSE AND EFFECT: The proposed rule sets forth an optional informed consent form which physicians may use as their consent form for cataract surgery.

SUMMARY: The proposed rule sets forth an optional informed consent form which physicians may use as their consent form for cataract surgery and other requirements for the use of said form.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: 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 Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 458.351 FS.
LAW IMPLEMENTED: 458.351 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joy A. Tootle, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-9.017 Optional Informed Consent for Cataract Surgery.

Pursuant to Section 458.351, Florida Statutes, for those physicians who choose to use it, the Board has approved form DOH-MQA 1255 (10/11), entitled “Florida Board of Medicine and Florida Board of Osteopathic Medicine Approved Informed Consent Form for Cataract Operation With or Without Implantation of Intraocular Lens’s website at http://www.doh.state.fl.us/mqa/medical/. The Board-approved informed consent form is not executed until:

(1) The physician performing the surgery has explained the information in the consent form to the patient. Such physician is prohibited from delegating this responsibility to another person. The physician performing the surgery is also required to sign the informed consent form;

(2) The patient or the person authorized by the patient to give consent is required to sign the informed consent form; and

(3) A competent witness is also required to sign the informed consent form.

Rulemaking Authority 458.351 FS. Law Implemented 458.351 FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Medicine and Osteopathic Medicine Ophthalmology Informed Consent Committee

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 3, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011