Subject


The procedures employed for adopting this emergency rule are fair under the circumstances. The emergency rule amendment in question does not prescribe the behavior or actions of any regulated entity or licensee but rather clarifies that physicians can indeed order controlled substances for hospitalized patients through the use of telemedicine. In addition, upon filing of the emergency rule the Agency for Health Care Administration (AHCA) will notify all Florida licensed hospitals of the new rule and the Department of Health will publish notices of the emergency rule on the Board of Osteopathic Medicine's and the Board of Pharmacy's official websites. The Board acknowledges that in promulgating this emergency rule it has acted with limited prior notice. However, the Board believes that exigent circumstances and the rule's limited scope and design mitigates any perceived notice shortcomings.