The proposed rule amendments are intended to delete outdated language regarding the providing of community service in disciplinary cases and to set forth criteria for Respondent’s to attend webinars for the purpose of meeting CME requirements ...  

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    DEPARTMENT OF HEALTH

    Board of Medicine

    RULE NO.:RULE TITLE:

    64B8-8.0011Standard Terms Applicable to Orders

    PURPOSE AND EFFECT: The proposed rule amendments are intended to delete outdated language regarding the providing of community service in disciplinary cases and to set forth criteria for Respondent’s to attend webinars for the purpose of meeting CME requirements imposed by Board orders.

    SUMMARY: The proposed rule amendments delete language regarding community service for disciplinary cases since the Board no longer imposes community service requirements. Additionally, the rule permits Respondents to complete continuing education by attending webinars provided the webinars meet specific criteria.

    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 amendment will make it easier for Respondents to meet the requirements for continuing education imposed by the Board’s order by allowing the continuing education to be obtained through webinars. 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: 458.309(1), 458.331(5) FS.

    LAW IMPLEMENTED: 458.331(5) 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: Claudia Kemp, 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:

     

    64B8-8.0011 Standard Terms Applicable to Orders. Unless otherwise approved by the Board or its designee, or addressed by the Final Order, the following are the terms applicable to all Final Orders rendered by the Board in disciplinary proceedings.

    (1) through (3) No change.

    (4) Continuity of Practice.

    (a) Tolling Provisions. In the event the Respondent leaves the State of Florida for a period of 30 days or more or otherwise does not or may not engage in the active practice of medicine in the State of Florida, then certain provisions of the requirements in the Board’s Order shall be tolled and shall remain in a tolled status until Respondent returns to the active practice of medicine in the State of Florida. Respondent shall notify the Compliance Officer 10 days prior to his/her return to practice in the State of Florida. The following requirements shall be tolled until the Respondent returns to active practice:

    1. through 3. No change.

    4. Any provisions regarding community service shall be tolled.

    4.5. No change.

    (b) Active Practice. In the event that Respondent leaves the active practice of medicine for a period of one year or more, the Respondent may be required to appear before the Board and demonstrate the ability to practice medicine with reasonable skill and safety to patients prior to resuming the practice of medicine in the State of Florida.

    (5) Community Service and Continuing Education Units. All community service requirements, continuing education units/courses must be completed, and documentation of such completion submitted to DOH/Client Services, at the address set forth in subsection (3) above. Documentation of completion of  community service hours must be confirmed by an official from the organization at which the community service was performed. Documentation of completion of community service hours solely from the Respondent will not be accepted.

    (a) Definition of Community Service. “Community service” shall be defined as the delivery of volunteer services to an entity which is exempt from federal taxation under 26 U.S.C. s. 501(c)(3), without fee or cost to the patient or the entity, for the good of the people of the State of Florida. Community service shall be performed outside the physician’s regular practice setting. Community service plans must be pre-approved by the Board’s Probationer’s Committee.

    (a)(b) Continuing Education. Continuing education imposed by Board Order shall be in addition to those hours required for biennial renewal of licensure. Said continuing education courses must be pre-approved by the Board’s Probationer’s Committee and shall consist of a formal live lecture format.

    (b) In lieu of live lecture format set forth in paragraph (5)(a) above, the Board will permit Respondents to complete required continuing medical education by attending webinars. The webinar must be pre-approved by the Board’s Probationer’s Committee, upon demonstration by the Respondent that the webinar meets the following conditions:

    1. the webinar must contain specific relevant learning objectives;

    2. the webinar must provide for an interactive format;

    3. the webinar must provide for a post-course assessment; and

    4. the webinar provider must ensure attendance.  

    (6) through (11) No change.

    Rulemaking Authority 458.309(1), 458.331(5) FS. Law Implemented 458.331(5) FS. History–New 8-1-06, Amended 6-23-10,                                       .

     

    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: April 7, 2017

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 20, 2017

Document Information

Comments Open:
5/8/2017
Summary:
The proposed rule amendments delete language regarding community service for disciplinary cases since the Board no longer imposes community service requirements. Additionally, the rule permits Respondents to complete continuing education by attending webinars provided the webinars meet specific criteria.
Purpose:
The proposed rule amendments are intended to delete outdated language regarding the providing of community service in disciplinary cases and to set forth criteria for Respondent’s to attend webinars for the purpose of meeting CME requirements imposed by Board orders.
Rulemaking Authority:
458.309(1), 458.331(5) FS.
Law:
458.331(5) FS.
Contact:
Claudia Kemp, J.D., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253.
Related Rules: (1)
64B8-8.0011. Standard Terms Applicable to Orders