Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-11.003: Disclosure of Licensure Status
PURPOSE AND EFFECT: The proposed new rule is intended to address recent legislation with regard to appropriate notification of patients regarding licensure status.
SUMMARY: The proposed rule requires licensees to appropriately notify patients with regard to licensure status. The rule provides various methods for licensees to provide such notification.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: s. 2, Chapter 2006-207, Laws of Florida
LAW IMPLEMENTED: s. 2, Chapter 2006-207, Laws of Florida
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:

64B8-11.003 Disclosure of Licensure Status.

All persons licensed pursuant to Chapter 458, Florida Statutes, and not exempt pursuant to Section 456.072(1)(t), Florida Statutes, shall identify the license under which he or she practices in one of the following manners:

(1) The wearing of a name tag which identifies the licensee as either a medical doctor (M.D.), a physician assistant (P.A.), or an anesthesiologist assistant (A.A.);

(2) The wearing of an article of clothing on the upper body which identifies the licensee as either a medical doctor (M.D.), a physician assistant (P.A.), or an anesthesiologist assistant (A.A.);

(3) By orally disclosing to the patient, upon the licensee’s initial in-person contact with the patient, that the licensee is either a medical doctor, a physician assistant, or an anesthesiologist assistant;

(4) By providing, upon the licensee’s initial in-person contact with the patient, a business card or similar document which identifies the licensee as either a medical doctor (M.D.), a physician assistant (P.A.), or an anesthesiologist assistant (A.A.);

(5) By placing notification in the lobby or waiting area of the location where the licensee practices, which contains a photo of the licensee and which identifies the licensee as either a medical doctor (M.D.), a physician assistant (P.A.), or an anesthesiologist assistant (A.A.).

Specific Authority 458.309, 456.072(1)(t) FS. Law Implemented 456.072(1)(t) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 07, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006