The purpose of the amendment is to update the rules due to statutory changes, 2020-133, LOF, Section 18, repealed section 460.4166, which established Registered Chiropractic Physicians Assistants.

 

DEPARTMENT OF HEALTH

Board of Chiropractic Medicine

RULE NO.:RULE TITLE:

64B2-18.001Definitions

PURPOSE AND EFFECT: The purpose of the amendment is to update the rules due to statutory changes, 2020-133, LOF, Section 18, repealed section 460.4166, which established Registered Chiropractic Physicians Assistants.

SUMMARY: Rules in Chapter 64B2 which implement the now repealed statute have to be amended, to remove RCAs.

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: 460.405 FS.

LAW IMPLEMENTED: 460.403(2), (3), (5), (6), (7), (8) 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 Spivey, Executive Director, Board of Chiropractic Medicine, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257; [phone] or by electronic mail – [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B2-18.001 Definitions.

(1) through (3) No change.

(4) The term “supervising physician” as herein used means any licensed chiropractic physician or group of physicians who is approved and certified by the Board to provide supervision for the certified chiropractic physician’s assistant and/or registered chiropractic assistant, and who assumes legal liability for the services rendered by such assistants. An approved chiropractic physician or group of physicians may supervise more than one certified chiropractic physician’s assistant at a ratio no greater than 2 certified chiropractic physician’s assistants to one chiropractic physician.

(5) The term “certified chiropractic physician’s assistant,” as herein used refers to allied health personnel, certified by the Department upon approval by the Board, who are functioning in a dependent relationship with a supervising physician and who are performing tasks or combinations of tasks traditionally performed by the physician. A certified chiropractic physician’s assistant may perform case histories, diagnostic testing, physical examinations, and therapeutic procedures under indirect supervision. However, a certified chiropractic physician’s assistant cannot be assigned any tasks requiring manipulative or adjustive techniques, the rendering of diagnostic results or interpretations, or the rendering of treatment advice, or the taking of x-rays unless properly certified.

(6) The term “registered chiropractic assistant,” means a multiskilled person who has registered with the Board and who assists in all aspects of chiropractic practice under the direct supervision and responsibility of a chiropractic physician. A registered chiropractic assistant assists with patient care management, executes administrative and clinical procedures, and often performs managerial and supervisory functions.

(6)(7) The term “responsible supervision” means the ability of the supervising physician to responsibly exercise control and provide direction over the services of the certified chiropractic physician’s assistant or registered chiropractic assistant. In determining whether supervision is responsible, the following factors should be considered: (a) the complexity of the task, (b) the risk to the patient, (c) the background, training, and skill of the assistant, (d) the adequacy of the direction in terms of its form, (e) the setting in which the tasks are performed, (f) the availability of the supervising physician, (g) the necessity for immediate attention, and (h) the number of other persons that the supervising physician must supervise.

(7)(8) “Direct supervision” means responsible supervision and requires, except in case of an emergency, the physical presence of the licensed chiropractic physician on the premises for consultation and direction. Registered chiropractic assistants shall only perform clinical procedures under direct supervision.

(8)(9) No change.

(9) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs.

Rulemaking Authority 460.405 FS. Law Implemented 460.403(2), (3), (5), (6), (7), (8) FS. History–New 11-25-81, Formerly 21D-18.01, Amended 10-13-86, 7-15-91, Formerly 21D-18.001, 61F2-18.001, 59N-18.001, Amended 1-18-98, 7-17-07,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Chiropractic Medicine

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 30, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 10, 2020