Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-1.001: Probable Cause Determinations
PURPOSE AND EFFECT: The proposed rule amendments are intended to address a physician assistant member of the probable cause panel.
SUMMARY: The proposed rule amendment clarifies that a physician assistant shall serve on the probable cause panel to review cases which involve physician assistants.
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: 120.53, 456.073(4) FS.
LAW IMPLEMENTED: 456.073(4), 458.331(10) 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:

64B8-1.001 Probable Cause Determinations.

(1) through (2)  No change.

(3) In instances when the probable cause panel is considering cases involving a physician assistant, the panel shall also have a physician assistant participating on the probable cause panel.  The physician assistant is only permitted to hear cases involving discipline of physician assistants.  If the physician assistant  is not able to attend the meeting of the probable cause panel, the panel may consider the case and vote on the matter in the absence of the physician assistant.

(4) (3)  No change.

(5) (4)  No change.

Specific Authority 120.53, 456.073(4) FS. Law Implemented 456.073(4), 458.331(10) FS. History -- New 12-5-79, Amended 11-26-80, 5-27-81, Formerly 21M-18.06, Amended 12-4-86, 7-4-88, 1-1-92, Formerly 21M-18.006, 61F6-18.006, 59R-1.006, Amended 3-29-01,                      .


NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Physician Assistants
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006