The proposed rule amendment is intended to address limited instances in which probation supervisors/monitors may be compensated by physicians who are on probation.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-8.0021: Provisions Governing All Supervisors or Monitoring Physicians.
PURPOSE AND EFFECT: The proposed rule amendment is intended to address limited instances in which probation supervisors/monitors may be compensated by physicians who are on probation.
SUMMARY: The proposed rule amendment permits a third party entity to supervise a physician on probation and to be compensated for providing the supervision in instances when the physician is unable to obtain a monitor/supervisor.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board has determined that the proposed rule amendments will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 458.309, 459.331 FS.
LAW IMPLEMENTED: 459.331 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Jr., Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-8.0021 Provisions Governing All Supervisors or Monitoring Physicians.

(1) through (3) No change.

(4) The supervisor/monitor must be a licensee under Chapter 458, F.S., in good standing, without restriction or limitation on his license and must serve as a volunteer without compensation. In addition, the Board may reject any proposed supervisor/monitor on the basis that he or she has previously been subject to any disciplinary action against his or her license to practice medicine in this or any other jurisdiction. The supervisor/monitor must be actively engaged in the same or similar specialty area unless otherwise provided by the Board. The Probation Committee or the Board may also reject any proposed supervisor/monitor for good cause shown.

(5) Supervisors/monitors must serve as volunteers without compensation but in instances where a licensee is unable to find a volunteer supervisor/monitor, the licensee, with the approval of the Board, may contract with a third party entity that provides supervisors/monitors for a fee.

Rulemaking Specific Authority 458.309, 459.331 FS. Law Implemented 459.331 FS. History–New 1-23-06, Amended ________.

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: August 14, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 31, 2009