Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine
RULE NO: RULE TITLE
64B15-14.011: Qualifications of Physicians Who Evaluate and Treat Sex Offenders
PURPOSE AND EFFECT: The Board proposes the development of this rule to address the coursework, training, qualifications and experience of physicians to evaluate and treat sex offenders.
SUMMARY: In this rule, the coursework, training, qualifications and experience of physicians to evaluate and treat sex offenders are established.
SUMMARY OF STATEMENT 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: 947.005(9), 948.001(6), 459.005 FS.
LAW IMPLEMENTED: 947.005, 948.30 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 18, 2007, 9:00 a.m.
PLACE: Crowne Plaza, 1201 Riverplace Blvd., Jacksonville, FL 32207
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela King, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE FULL TEXT OF THE PROPOSED RULE IS:

64B15-14.011 Qualifications of Physicians Who Evaluate and Treat Sex Offenders.

(1) Before a physician may evaluate or treat sex offenders pursuant to Sections 947 and 948, F.S., as a “qualified practitioner,” as defined in Section 947.005(9) or Section 948.001, F.S., the physician shall, at a minimum:

(a) Hold an active license under Chapter 459, F.S. and

(b) Demonstrate coursework, training, qualifications, and experience through the completion of training from a four (4) year psychiatric residency program accredited by the ACGME or AOA.

(2) As a condition of biennial licensure renewal, a physician who evaluates or treats sex offenders as a “qualified practitioner,” as defined in Section 947.005(9) or Section 948.001(6), F.S., must complete a minimum of two (2) of the forty (40) hours of required Continued Medical Education on a topic involving the evaluation or treatment of sexual disorders as defined in DSM IV R published by the American Psychiatric Association.

(3) Physicians licensed under Chapter 459, F.S. who had been treating patients defined as sex offenders, as of January 1, 2006, will continue to be a qualified practitioners as defined in Section 947.005(9) or Section 948.001(6), F.S.

Specific Authority 459.005, 947.005(9), 948.001(6) FS. Law Implemented 947.005(9), 948.001(6) FS. History–New_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Osteopathic Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Osteopathic Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 23, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 6, 2007