Notice of Development of Rulemaking

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-13.004: Requirements for Reactivation of an Inactive License
64B8-13.0045: Requirements for Reactivation of Retired Status License
PURPOSE AND EFFECT: The Board proposes the development of a rule amendment to address the continuing education hours requirement in Rule 64B8-13.004, F.A.C., and to set forth the requirements for the reactivation of a retired status license in Rule 64B8-13.0045, F.A.C.
SUBJECT AREA TO BE ADDRESSED: Continuing education for licensure reactivation and the requirements for reactivation of a retired status license.
SPECIFIC AUTHORITY: 456.036 FS., 458.309 FS., 458.317 FS., 458.321(1) FS.
LAW IMPLEMENTED: 456.036 FS., 458.317 FS., 458.321(1) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Larry McPherson, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64B8-13.004 Requirements for Reactivation of an Inactive License.

An inactive license shall be reactivated upon demonstration that the licensee has paid the reactivation fee set forth in Rule 64B8-3.004, F.A.C., and has complied with the following requirements:

(1) As a condition to the reactivation of an inactive license, a physician must submit proof of successful completion of an average of twenty (20) hours per year of Category I, American Medical Association approved continuing medical education for each year of inactive status.

(2) through (4) No change.

Specific Authority 456.036(9) FS., 458.309 FS., 458.317 FS., 458.321(1) FS. Law Implemented 456.036(9) FS., 458.317 FS., 458.321(1) FS. HISTORY – New 2-3-82, Formerly 21M-28.01 FS., Amended 1-1-92, Formerly 21M-28.001 FS., 61F6-28.001 FS., Amended 3-1-95, Formerly 59R-13.004 FS., Amended 6-4-02, ___________.

 

64B8-13.0045 Requirements for Reactivation of Retired Status License.

A retired status license shall be reactivated upon demonstration that the licensee has paid the reactivation fee set forth in Rule 64B8-3.004, F.A.C., and has complied with the following requirements:

(1) As a condition to the reactivation of a retired status license, a physician must:

(a) Submit documentation of successful completion of an average of twenty (20) hours per year of Category I, American Medical Association approved continuing medical education for each year of retired status;

(b) Document compliance with the financial responsibility requirements of Section 458.320, F.S., and Rule Chapter 64B8-12, F.A.C.; and

(c) Document compliance with Section 456.033, F.S., and Rule 64B8-13.005, F.A.C.

(2) Any physician whose license has been on retired status for more than five (5) years or a licensee from another state who has not been in the active practice of medicine within the past five (5) years shall be required to appear before the Credentials Committee of the Board and establish the ability to practice with the care and skill sufficient to protect the health, safety, and welfare of the public. At the time of such appearance, the physician must:

(a) Demonstrate compliance with paragraph (1) above;

(b) Demonstrate successful completion of the SPEX with a score of at least 75 achieved within the year immediately proceeding the appearance before the Credentials Committee; and

(c) Account for any activities related to the practice of medicine during the period that the license was on retired status or not practicing in another jurisdiction and establish an absence of malpractice or disciplinary actions pending in any jurisdiction.

(3) The Department shall refuse to reactivate the license of a retired status physician who is under investigation or prosecution in any jurisdiction for an action that would constitute a violation of this chapter or the professional practice acts administered by the department and the boards, until 15 days after the Department receives the final results of the investigation or prosecution.

Specific Authority 456.036 FS. Law Implemented 456.036 FS