The Board is required to review the information regarding the five most misdiagnosed conditions during the previous biennium to be included in the prevention of medical errors course and adds a new provider of the statutorily ....

 

DEPARTMENT OF HEALTH

Board of Osteopathic Medicine

RULE NO.:RULE TITLE:

64B15-13.001Continuing Education for Biennial Renewal

PURPOSE AND EFFECT: The Board is required to review the information regarding the five most misdiagnosed conditions during the previous biennium to be included in the prevention of medical errors course and adds a new provider of the statutorily mandated controlled substance course.

SUMMARY: The five most misdiagnosed medical conditions for the purpose of medical errors continuing medical education and adds a new provider of the statutorily mandated controlled substance course.

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: 456.048, 459.005, 459.023 FS.

LAW IMPLEMENTED: 456.013(7), 456.048, 456.0135, 456.0635, 459.023 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: Stephanie Webster, 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:

 

64B15-13.001 Continuing Education for Biennial Renewal.

Every person licensed pursuant to Chapter 459, F.S., except those licensed as physician assistants pursuant to Section 459.022, F.S., shall be required to complete forty (40) hours of continuing medical education courses approved by the Board in the twenty-four (24) months preceding each biennial renewal period as established by the Department. Continuing medical education (CME) requirements for biennial renewal of licensure are set forth in this rule. The CME required by this rule may be obtained by completion of courses offered in any format, including in a distance learning format, with the proviso in paragraph (1)(a).

(1)(a) For each biennial renewal, a licensee shall complete a one (1) hour continuing medical education course in Florida Laws and Rules/Professional and Medical Ethics, and a two (2) hour course in Prevention of Medical Errors. For purposes of this rule, Florida Laws and Rules means Chapters 456 and 459, F.S., and rule Title 64B15, F.A.C. These CME courses may be obtained in any format, including in a distance learning format, provided that the format includes an ability to interact with the presenter of the course.

(b)  through (d) No change.

(e) A licensee who is registered with the United States Drug Enforcement Agency and is authorized to prescribe controlled substances is required to complete a 2-hour course on prescribing controlled substances at each biennial renewal of licensure as required by Section 456.0301, F.S. The Board approves the controlled substance prescribing courses offered by the Florida Medical Association, the Florida Osteopathic Medical Association, the Florida Academy of Family Physicians, the Florida College of Emergency Physicians, Baptist Health South Florida/Quality Network, InforMed, Florida Psychiatric Society, NetCE, The Doctors Company, and TeamHealth Institute, and CE Group for the purpose of meeting this continuing education requirement.

(2) No change.

(3)(a) Three (3) hours of general CME may be obtained by attending at least three (3) hours of disciplinary matters at a regular meeting of the Board of Osteopathic Medicine in compliance with the following:

1.  through 3.  No change

4. A licensee may use no more than six (6) hours of continuing education obtained by attending a Board of Osteopathic Medicine meeting for the purpose of completing the continuing education requirements for each biennial renewal.

(b) For purposes of this rule, a two hour Prevention of Medical Errors course shall include a study of root cause analysis, error reduction and prevention, and patient safety. The course shall address medication errors, surgical errors, diagnostic inaccuracies, and system failures, and shall provide recommendations for creating safety systems in health care organizations. The course must include information relating to the five most mis-diagnosed conditions during the previous biennium, as determined by the Board. The following areas have been determined as the five most mis-diagnosed conditions:

1. Inappropriate prescribing of controlled substances;

2. Failure to diagnose reproductive-related conditions;monitor the safety of prescribed medications;

3. No change.

4. Failure to accurately diagnose spine-related neurological and brain-related conditions; and

5. No change.

(4)  through (8) No change. 

Rulemaking Authority 456.013, 456.0301, 456.031, 459.005, 459.008(4) FS. Law Implemented 456.013, 456.0301, 456.031, 459.008 FS. History–New 10-23-79, Amended 1-29-86, Formerly 21R-13.01, Amended 12-5-89, 4-8-91, 2-16-92, Formerly 21R-13.001, Amended 1-10-94, Formerly 61F9-13.001, Amended 10-25-95, Formerly 59W-13.001, Amended 1-19-98, 6-3-98, 4-14-99, 5-26-02, 5-10-04, 7-27-04, 2-9-05, 2-14-06, 1-29-07, 5-10-09, 4-5-10, 11-6-12, 8-14-14, 8-21-16, 5-17-18, 8-9-18, 11-15-18, 8-12-19, 8-13-20, 9-8-20, 3-2-22, 10-15-23,                                     .

 

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: November 17, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 7, 2023