This rulemaking eliminates unnecessary and repetitive language, adds “Responsibility of Designated Physician” to the title, moves the registration fee currently contained in Rule 64B-4.006, FAC, and corrects a typographical error.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NOS.:RULE TITLES:

64B-7.001Pain Management Clinic Registration Requirements

64B-7.002Disciplinary Guidelines

PURPOSE AND EFFECT: This rulemaking eliminates unnecessary and repetitive language, adds “Responsibility of Designated Physician” to the title, moves the registration fee currently contained in Rule 64B-4.006, F.A.C., and corrects a typographical error.

SUMMARY: These rules address the registration requirements and disciplinary guidelines for pain management clinics and physicians.

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: Based on the SERC checklist prepared by the Department, this proposed rulemaking will not have an adverse impact or effect regulatory costs in excess of $1 million within five years as established in Section 120.541, F.S.

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: 456.004(5), 456.079, 458.3265, 458.3265(4), 459.0137, 459.0137(4) FS.

LAW IMPLEMENTED: 456.037, 456.0635, 456.072(1), 456.072(2), 458.3265, 458.3625(1), 458.6325(5), 458.327, 458.331, 459.013, 459.0137, 459.0137(1), 459.0137(5), 459.015 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 Dudley, Executive Director at [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-7.001 Pain Management Clinic Registration Requirements; Responsibility of Designated Physician.

(1) Every clinic location, unless exempt under Section 458.3265(1) or 459.0137(1), F.S., must register and maintain a valid registration with the Department. Every registered clinic location upon change of ownership must register and maintain a valid registration with the Department. To be eligible to register with the Department, the clinic must meet the statutory requirements, which include the requirement that the clinic be fully owned by a physician or group of physicians who are currently licensed pursuant to Chapter 458 or 459, F.S., or licensed as a health care clinic with the Agency for Health Care Administration pursuant to Part X of Chapter 400, F.S.

(2) The clinic’s designated physician must have a full, active, and unencumbered license, which must be: includes:

(a) Having A a clear, active license as a medical doctor or osteopathic physician under Chapter 458 or 459, F.S., that permits the physician to perform all duties authorized by holding a license without restriction.

(b) Having a license that is not designated as limited, restricted, retired, temporary, or training.

(b)(c) Having A a license with no restrictions on practice and no current disciplinary or other unsatisfied obligations imposed by the Board of Medicine, Board of Osteopathic Medicine, or the Department that limits or restricts the practice of medicine or osteopathic medicine, which includes suspension, probation, or any other restrictions on practice.

(3) To register with the Department, the designated physician must submit Application for Pain Management Clinic Registration, Form #DH-MQA 1219, 7/11, incorporated herein by reference and available. This form can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-00704 and from the Department of Health, Division of Medical Quality Assurance, at: 4052 Bald Cypress Way, Bin C-01, Tallahassee, FL 32399 or on the Board of Medicine’s or Board of Osteopathic Medicine website, which can be accessed at: www.flboardofmedicine.gov. www.flhealthsource.com or at [e-mail]. At this mail or electronic address, the clinic is responsible to provide notice to the Department of the departure of the designated physician and, within 10 days after termination, the identity of another designated physician for the clinic. At this mail or electronic address, the designated physician at a registered clinic also within 10 days of departure shall notify the board of the date of termination from employment, and each physician in the clinic shall notify the board within 10 calendar days of beginning or ending practice.

(4) The registration fee shall be $150.00, which is also required upon change of physical location or change of ownership.

Rulemaking Authority 456.004(5), 458.3265(4), 459.0137(4) FS. Law Implemented 456.037, 456.0635, 458.3265, 459.0137 FS. History–New 11-24-11, Amended__________.

 

64B-7.002 Disciplinary Guidelines.

(1) through (2)(a) No change.

(b) An owner-operated clinic whose designated physician has knowingly and intentionally misrepresented actions taken to correct a violation. (Sections 458.3265(5)(c), 459.0137(5)(c), F.S.). First offense  a fine of up to $5,000 and up to revocation. For a subsequent offense, a fine of $5,000 and revocation. For a clinic not owner-operated, for a first offense a fine of up to $5,000 $5.00. For a subsequent offense, a fine of $5,000.

(2)(c) through (5) No change.

Rulemaking Authority 456.079, 458.3265, 459.0137 FS. Law Implemented 456.072(1), (2), 458.3265(1), (5), 458.327, 458.331, 459.0137(1), (5), 459.013, 459.015 FS. HistoryNew 1-5-12, Amended__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Allison Dudley

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 19, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2014