reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.015 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions set forth in subsection
				(2), below shall qualify for mediation only when the violation can be remedied
				by the licensee and there is no intentional misconduct.
(2) For purposes of Section
				456.078, F.S., the Board
				designates as being appropriate for mediation, the following violations:
(a) Failure to comply with the requirements
				of Sections 381.026 and
				381.0261, F.S., to provide
				patients with information about their patient rights and how to file a patient
				complaint;
(b) Negligently failing
				to file a report or record required by state or federal law;
(c) Failure to verify profile information or
				failure to comply with the requirements for profiling and
				credentialing;
(d) Falsely
				certifying compliance with required continuing medical education hours for the
				purpose of renewing a license or certification;
(e) Failure to notify the Department of
				change of practice or mailing address;
(f) Failure to provide medical records, upon
				request, to a patient or a patient's legal representative;
(g) Charging copying fees for patient records
				in violation of Rule 64B8-10.003, F.A.C.;
(h) False, deceptive or misleading
				advertising not involving intentional misconduct; and,
(i) Failure to pay the fines or costs imposed
				by Board order.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.018 - Voluntary Relinquishment of License

Current through Reg. 50, No. 138; July 16, 2024
(1)
				If a licensee wishes to voluntarily relinquish a license at a time when no
				investigation has been initiated against the licensee, no investigation against
				the licensee is anticipated, and no disciplinary action is pending, and the
				licensee is not under any current restrictions or obligations by the Board of
				this state or any other jurisdiction, then the licensee's request for voluntary
				relinquishment may be acted upon by staff without further action by the Board.
				In such a case, the voluntary relinquishment shall not be considered action
				against the license as that term is used in Section
				458.331(1)(b),
				F.S.
(2) If a licensee wishes to
				voluntarily relinquish a license, but the licensee or the license is currently
				under any of the constraints set forth in subsection (1), above, then the
				licensee may relinquish the license only with the approval of the Board. If the
				voluntary relinquishment is accepted by the Board at the time an investigation
				is underway, or is anticipated, or when a disciplinary action is in progress,
				then the acceptance of the voluntary relinquishment of the license shall be
				considered action against the license as that term is used in Section
				458.331(1)(b),
				F.S., and shall be reported as such by the Board.
Rulemaking Authority
					 456.072,
					 458.309 FS. Law Implemented
					 458.331
					 FS.
New 2-21-93, Formerly 21M-20.018, 61F6-20.018, 59R-8.018,
					 Amended 1-4-11.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-8 - DISCIPLINE AND LICENSURE RESTRICTIONS › Section 64B8-8.019 - Submission of Malpractice Record

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All physicians licensed pursuant to Chapter 458, F.S., shall provide to the
				Board of Medicine a copy of the record of any finding of medical malpractice
				resulting from a civil or administrative proceeding, involving an incident that
				occurred on or after November 2, 2004, within 180 days of entry of the final
				judgment or order. The record shall be sent to the Board of Medicine, 4052 Bald
				Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.
(2) The record shall include a certified copy
				of the official transcript of the civil or administrative proceeding resulting
				in a finding of medical malpractice, excluding any jury selection transcript,
				all evidence admitted or copies of evidence if the original is not available,
				those matters officially recognized by the civil or administrative tribunal,
				and the final order or judgment reported or issued by the tribunal.
(3) The record shall be provided to the Board
				in a read only CD ROM disc in portable document format (.pdf) or tagged image
				file format (.tif).
Rulemaking Authority
					 456.50(2) FS.
					 Law Implemented 456.50(2)
					 FS.
New 1-30-07.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.001 - Physician Office Adverse Incident Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) Any "adverse incident" as defined in
				Section 458.351(4),
				F.S., shall be reported to the Department of Health in accordance with Section
				458.351, F.S., on form
				DH-MQA1030 (Revised 12/20), entitled "Physician Office Adverse Incident Report,
				" which is hereby incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12778
.
(2) Definitions.
(a) "Licensee" for purposes of this rule,
				includes a physician or physician assistant issued a license, registration, or
				certificate, for any period of time, pursuant to Chapter 458, F.S.
(b) "Office maintained by a physician" as
				that term is used in Section
				458.351(1),
				F.S., is defined as a business location where the physician delivers medical
				services regardless of whether other physicians are practicing at the same
				location or the business is non-physician owned.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.002 - Physician Reporting Requirements for Termination of Pregnancies

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  390.0112, F.S., a physician who
				  performs an abortion, including surgical procedures and medical abortions, in a
				  place other than a medical facility shall submit a report each month to the
				  Agency for Health Care Administration (AHCA). Monthly reports must be received
				  by the AHCA within 30 days following the preceding month. The monthly reports
				  must be submitted on the Monthly Report of Induced Terminations of Pregnancy,
				  AHCA Form 3130-1010 OL, July 2022, which is hereby incorporated by reference.
				  This form is only accepted electronically and is available at:
https://apps.ahca.myflorida.com/SingleSignOnPortal/Login.aspx?ReturnUrl=%2fSingleSignOnPortal
.
				  A copy of the form can also be found at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-15338
.
Rulemaking Authority
					 458.309(1),
					 390.0112(1) FS.
					 Law Implemented 390.0112
					 FS.
New 5-24-23.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.003 - Standards for Adequacy of Medical Records

Current through Reg. 50, No. 138; July 16, 2024
(1) Medical records are maintained for the
				following purposes:
(a) To serve as a basis
				for planning patient care and for continuity in the evaluation of the patient's
				condition and treatment.
(b) To
				furnish documentary evidence of the course of the patient's medical evaluation,
				treatment, and change in condition.
(c) To document communication between the
				practitioner responsible for the patient and any other health care professional
				who contributes to the patient's care.
(d) To assist in protecting the legal
				interest of the patient, the hospital, and the practitioner responsible for the
				patient.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.005 - HIV/AIDS: Knowledge of Antibody Status; Action to be Taken (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.032,
					 458.309 FS. Law Implemented
					 456.032,
					 458.331(1)(s)
					 FS.
New 9-15-92, Formerly 21M-27.005, 61F6-27.005, 59R-9.005,
					 Repealed 5-7-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.0075 - Standards of Practice in Certain Office Settings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 458.331(1)(v)
					 FS. Law Implemented 458.331(1)
					 FS.
New 11-13-00, Amended 6-4-02, 12-20-06, Repealed
					 5-7-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.008 - Sexual Misconduct

Current through Reg. 50, No. 138; July 16, 2024
(1) Sexual contact
				with a patient is sexual misconduct and is a violation of Sections
				458.329 and
				458.331(1)(j),
				F.S.
(2) For purposes of this rule,
				sexual misconduct between a physician and a patient includes, but it is not
				limited to:
(a) Sexual behavior or involvement
				with a patient including verbal or physical behavior which:
1. May reasonably be interpreted as romantic
				involvement with a patient regardless of whether such involvement occurs in the
				professional setting or outside of it,
2. May reasonably be interpreted as intended
				for the sexual arousal or gratification of the physician, the patient or any
				third party, or
3. May reasonably
				be interpreted by the patient as being sexual.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.0092 - Approval of Physician Office Accrediting Organizations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Accredited" means full accreditation
				granted by a Board approved accrediting agency or organization. "Accredited"
				shall also mean provisional accreditation provided that the office is in
				substantial compliance with the accrediting agency or organization's standards;
				any deficiencies cited by the accrediting agency or organization do not affect
				the quality of patient care, and the deficiencies will be corrected within
				thirty days of the date on which the office was granted provisional
				accreditation.
(b) "Approved
				accrediting agency or organization" means nationally recognized accrediting
				agencies: American Association for Accreditation of Ambulatory Surgery
				Facilities (AAAASF), Accreditation Association for Ambulatory Health Care
				(AAAHC) and Joint Commission on Accreditation of Healthcare Organizations
				(JCAHO). Approved organizations also include those approved by the Board after
				submission of an application for approval pursuant to this rule. American
				Accreditation Commission International (AACI) is an accrediting organization
				approved by the Board.
(c)
				"Department" means the Department of Health.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.010 - Interpretation of Diagnostic Imaging Tests or Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309 FS. Law Implemented
					 458.331(1)(g), (m), (n), (t),
					 (u),
					 766.111
					 FS.
New 11-4-93, Formerly 61F6-27.015, 59R-9.010, Repealed
					 5-7-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.011 - Itemized Patient Billing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309(1) FS.
					 Law Implemented 458.323
					 FS.
New 5-9-94, Formerly 61F6-27.016, 59R-9.011, Repealed
					 5-7-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.013 - Standards for the Prescribing of Controlled Substances for the Treatment of Acute Pain

Current through Reg. 50, No. 138; July 16, 2024
The standards of practice in this rule do not supersede the
				  level of care, skill and treatment recognized in general law related to
				  healthcare licensure. All physicians and physician assistants who are
				  authorized to prescribe controlled substances shall comply with the
				  following:
(1) Definitions.
(a) Acute Pain. For the purpose of this rule,
				"acute pain" is defined as the normal, predicted, physiological, and
				time-limited response to an adverse chemical, thermal, or mechanical stimulus
				associated with surgery, trauma, or acute illness. The term does not include
				pain related to:
1. Cancer.
2. A terminal condition. For purposes of this
				subparagraph, the term "terminal condition" means a progressive disease or
				medical or surgical condition that causes significant functional impairment, is
				not considered to be reversible without the administration of life-sustaining
				procedures, and will result in death within 1 year after diagnosis if the
				condition runs its normal course.
3. Palliative care to provide relief of
				symptoms related to an incurable, progressive illness or injury.
4. A traumatic injury with an Injury Severity
				Score of 9 or greater.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.0131 - Training Requirements for Physicians Practicing in Pain Management Clinics

Current through Reg. 50, No. 138; July 16, 2024
Effective July 1, 2012, physicians who have not met the
				  qualifications set forth in subsections (1) through (6), below, shall have
				  successfully completed a pain medicine fellowship that is accredited by the
				  Accreditation Council for Graduate Medical Education (ACGME) or a pain medicine
				  residency that is accredited by ACGME. Prior to July 1, 2012, physicians
				  prescribing or dispensing controlled substance medications in pain-management
				  clinics registered pursuant to Section
				  458.3265, F.S., must meet one of
				  the following qualifications:
(1)
				Board certification by a specialty board recognized by the American Board of
				Medical Specialties (ABMS) and holds a sub-specialty certification in pain
				medicine;
(2) Board certification
				in pain medicine by the American Board of Pain Medicine (ABPM);
(3) Successful completion of a pain medicine
				fellowship that is accredited by the Accreditation Council for Graduate Medical
				Education (ACGME) or a pain medicine residency that is accredited by the
				ACGME;
(4)
(a) Successful completion of a residency
				program in physical medicine and rehabilitation, anesthesiology, neurology,
				neurosurgery, family practice, internal medicine, orthopedics or psychiatry
				approved by the ACGME, or
(b)
				Sub-specialty certification in hospice and palliative medicine or geriatric
				medicine recognized by ABMS;
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.0132 - Requirement for Pain Management Clinic Registration; Inspection or Accreditation

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Registration.
(a) Every designated physician
				of a pain management clinic, as defined in Section
				458.3265, F.S., shall register
				the clinic with the Department of Health. It is the Designated Physician's
				responsibility to ensure that the clinic is registered, regardless of whether
				other physicians are practicing in the same office or whether the office is
				non-physician owned.
(b) In order
				to register a pain management clinic, the Designated Physician must comply with
				Department rule subsections
				64B-7.001(3) and
				(4), F.A.C., and provide documentation to
				support compliance with Rule
				64B8-9.0131, F.A.C.
(c) The Designated Physician must notify the
				Board within 10 calendar days, in writing, of any changes to the registration
				information, including the termination of his or her employment with the pain
				management clinic.
(d)
				Documentation of registration shall be posted in a conspicuous place in the
				waiting room viewable by the public.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.014 - Standards for Telemedicine Prescribing Practice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 458.331(1)(v)
					 FS. Law Implemented 458.331(1)(q), (t),
					 (v)
					 FS.
New 9-14-03, Repealed
					 10-26-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.0141 - Standards for Telemedicine Practice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.331(1)(v)
					 FS. Law Implemented 458.331(1)(v),
					 458.347(4)(g)
					 FS.
New 3-12-14, Amended 7-22-14, 10-26-14, 3-7-16, Repealed
					 10-14-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.015 - Qualifications of Physicians Who Evaluate and Treat Sex Offenders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 947.005(9) FS.
					 Law Implemented 947.005
					 FS.
New 2-11-07, Repealed
					 10-23-07.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.016 - Physician Practice Standard Regarding Do Not Resuscitate (DNR) Orders

Current through Reg. 50, No. 138; July 16, 2024
Resuscitation may be withheld or withdrawn from a patient by
				  a treating physician licensed pursuant to Chapter 458, F.S., if evidence of an
				  order not to resuscitate by the patient's physician is presented to the
				  treating physician. An order not to resuscitate, to be valid, must be on the
				  form as set forth in Section
				  401.45, F.S. The form must be
				  signed by the patient's physician and by the patient, or, if the patient is
				  incapacitated, the patient's health care surrogate, or proxy as provided in
				  Chapter 765, F.S.; court appointed guardian as provided in Chapter 744, F.S.;
				  or attorney in fact under a durable power of attorney as provided in Chapter
				  709, F.S. The court appointed guardian or attorney in fact must have been
				  delegated authority to make health care decisions on behalf of the
				  patient.
Rulemaking Authority
					 458.331(1)(v)
					 FS. Law Implemented 458.331(1)(v)
					 FS.
New 7-27-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.017 - Optional Informed Consent for Cataract Surgery

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  458.351, F.S., for those
				  physicians who choose to use it, the Board has approved form DOH-MQA 1255
				  (10/15), entitled "Florida Board of Medicine and Florida Board of Osteopathic
				  Medicine Approved Informed Consent Form for Cataract Operation With or Without
				  Implantation of Intraocular Lens, " (rev. 10/15), which is hereby incorporated
				  by reference and available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-06409
,
				  and from the Board's website at
http://flboardofmedicine.gov/resources/
.
				  The Board-approved informed consent form is not executed until:
(1) The physician performing the surgery has
				explained the information in the consent form to the patient. Such physician is
				prohibited from delegating this responsibility to another person. The physician
				performing the surgery is also required to sign the informed consent
				form;
(2) The patient or the person
				authorized by the patient to give consent is required to sign the informed
				consent form; and,
(3) A competent
				witness is also required to sign the informed consent
				form.
Rulemaking Authority
					 458.351 FS. Law Implemented
					 458.351
					 FS.
New 2-28-12, Amended
					 2-1-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.018 - Mandatory Standarized Informed Consent for Medical Marijuana; Required Documentation for Comparable Medical Conditions; Required Documentation for Smokable Medical Marijuana

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 381.986, F.S., the Board has
				approved form DH-MQA-5026 (rev. 03/21), entitled "Medical Marijuana Consent
				Form, " which is hereby incorporated by reference and available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-13219
,
				or the Board's website at
http://www.flboardofmedicine.gov/forms/medical-marijuana-consent-form.pdf
,
				as the mandatory standardized informed consent form that a qualified physician
				must use each time the qualified physician issues a certification for medical
				marijuana to a patient he or she has diagnosed with at least one qualifying
				medical condition.
(2) Pursuant to
				Section 381.986, F.S., qualified
				physicians who issue physician certifications for patients with medical
				conditions of the same kind or class as or comparable to: cancer; epilepsy;
				glaucoma; positive status for human immunodeficiency virus; acquired immune
				deficiency syndrome; post-traumatic stress disorder; amyotrophic lateral
				sclerosis; Crohn's disease; Parkinson's disease; or multiple sclerosis, are
				required to submit form DOH-MQA-5027 (rev. 2/18), entitled "Documentation
				Required Under Section
				381.986(4)(b),
				F.S., " which is hereby incorporated by reference and available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-09315
,
				or the Board's website at
http://www.flboardofmedicine.gov/forms/statutorily-required-documentation.pdf
.
				Said form must be submitted within 14 days after issuing the physician
				certification.
(3) Pursuant to
				Section 381.986(4)(c),
				F.S., qualified physicians who determine that smoking marijuana is an
				appropriate route of administration for a qualified patient, other than a
				patient diagnosed with a terminal condition, are required to submit form
				DH-MQA-5035 (11/20), entitled "Documentation Required Under Section
				381.986(4)(c),
				F.S., Supporting the Determination that the Smoking of Medical Marijuana is an
				Appropriate Route of Administration, " which is hereby incorporated by
				reference and available from
http://www.flrules.org/Gateway/reference.asp?No=Ref-12774
,
				or the Board's website at
https://flboardofmedicine.gov/forms/statutorily-required-documentation-mm.pdf
.
Rulemaking Authority
					 381.986 FS. Law Implemented
					 381.986
					 FS.
New 4-30-18, Amended 8-4-19, 4-18-21,
					 7-13-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-9 - STANDARDS OF PRACTICE FOR MEDICAL DOCTORS › Section 64B8-9.019 - Standards of Practice for the Treatment of Gender Dysphoria in Minors

Current through Reg. 50, No. 138; July 16, 2024
(1) The following therapies and procedures
				performed for the treatment of gender dysphoria in minors are prohibited.
(a) Sex reassignment surgeries, or any other
				surgical procedures, that alter primary or secondary sexual
				characteristics.
(b) Puberty
				blocking, hormone, and hormone antagonist therapies.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-10 - MEDICAL RECORDS RETENTION, DISPOSITION, REPRODUCTION › Section 64B8-10.001 - Medical Records of Deceased Physician; Retention, Time Limitations

Current through Reg. 50, No. 138; July 16, 2024
(1) The executor, administrator, personal
				representative or survivor of a deceased physician licensed pursuant to Chapter
				458, F.S., shall retain medical records in existence upon the death of the
				physician concerning any patient of the physician for at least a period of two
				(2) years from the date of the death of the physician. Physicians must take
				proactive measures to ensure that their executor, administrator, personal
				representative or survivor have access to both paper and electronic medical
				records. Such access must include passwords for medical records maintained in
				an electronic format.
(2) Within
				one (1) month from the date of death of the physician, the executor,
				administrator, personal representative or survivor of the deceased physician
				shall cause to be published in the newspaper of greatest general circulation in
				each county where the physician practiced and in a local newspaper that serves
				the immediate practice area, a notice indicating to the patients of the
				deceased physician, that the physician's medical records are available to the
				patients or their duly constituted representative from a specific person at a
				certain location. A copy of this notice shall also be submitted to the Board of
				Medicine within one (1) month from the date of death of the
				physician.
(3) At the conclusion of
				a 22-month period of time from the date of the physician's death, or
				thereafter, the executor, administrator, personal representative, or survivor
				shall cause to be published once during each week for four (4) consecutive
				weeks, in the newspaper of greatest general circulation in the county where the
				physician resided, a notice indicating to the patients of the deceased
				physician that the physician's medical records will be disposed of or destroyed
				one (1) month or later from the last day of the fourth week of publication of
				notice.
Rulemaking Authority
					 456.058,
					 458.309 FS. Law Implemented
					 456.058
					 FS.
New 7-1-80, Formerly 21M-26.01, Amended 7-3-89, Formerly
					 21M-26.001, Amended 11-4-93, Formerly 61F6-26.001, Amended 1-26-97, Formerly
					 59R-10.001, Amended 11-11-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-10 - MEDICAL RECORDS RETENTION, DISPOSITION, REPRODUCTION › Section 64B8-10.003 - Costs of Reproducing Medical Records

Current through Reg. 50, No. 138; July 16, 2024
Recognizing that patient access to medical records is
				  important and necessary to assure continuity of patient care, the Board of
				  Medicine urges physicians to provide their patients a copy of their medical
				  records, upon request, without cost, especially when the patient is
				  economically disadvantaged. The Board, however, also recognizes that the cost
				  of reproducing voluminous medical records may be financially burdensome to some
				  practitioners. Therefore, the following rule sets forth the permitted costs for
				  the reproduction of medical records.
(1) Any person licensed pursuant to chapter
				458, F.S., required to release copies of patient medical records may condition
				such release upon payment by the requesting party of the reasonable costs of
				reproducing the records.
(2) For
				patients and governmental entities, the reasonable costs of reproducing copies
				of written or typed documents or reports shall not be more than the following:
(a) For the first 25 pages, the cost shall be
				$1.00 per page.
(b) For each page
				in excess of 25 pages, the cost shall be 25 cents.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-10 - MEDICAL RECORDS RETENTION, DISPOSITION, REPRODUCTION › Section 64B8-10.004 - Legal Representative Defined

Current through Reg. 50, No. 138; July 16, 2024
Legal representative is defined for the purpose of Section
				  456.057, F.S., as a patient's
				  attorney who has been designated by the patient to receive copies of the
				  patient's medical records; any legally recognized guardian of the patient; any
				  court appointed representative of the patient; or any other person either
				  designated by the patient or by a court of competent jurisdiction to receive
				  copies of the patient's medical records.
Rulemaking Authority
					 456.057,
					 458.309 FS. Law Implemented
					 456.057
					 FS.
New 2-19-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-11 - ADVERTISING › Section 64B8-11.002 - Advertising of HIV/AIDS Status (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.032,
					 458.309,
					 458.331(1)(d)
					 FS. Law Implemented 456.032,
					 458.331(1)(d), (l),
					 (n)
					 FS.
New 9-7-92, Formerly 21M-24.002, 61F6-24.002, 59R-11.002,
					 Repealed 10-14-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-11 - ADVERTISING › Section 64B8-11.003 - Disclosure of Licensure Status

Current through Reg. 50, No. 138; July 16, 2024
All persons licensed pursuant to Chapter 458, F.S., and not
				  exempt pursuant to Section
				  456.072(1)(t),
				  F.S., 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.).
Rulemaking Authority
					 456.072(1)(t),
					 458.309 FS. Law Implemented
					 456.072(1)(t)
					 FS.
New 12-26-06.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-12 - FINANCIAL RESPONSIBILITY › Section 64B8-12.001 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 458.320 FS. Law Implemented
					 458.320
					 FS.
New 3-15-87, Formerly 21M-40.001, 61F6-40.001, 59R-12.001,
					 Repealed 10-14-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-12 - FINANCIAL RESPONSIBILITY › Section 64B8-12.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The term "patient contact hours, " as used in Section
				  458.320(5)(f)2., F.S., means the number of hours during which the physician is
				  involved in direct patient care or is performing patient care activities,
				  including, but not limited to, completing patient records and reviewing
				  laboratory reports.
Rulemaking Authority
					 458.309,
					 458.320 FS. Law Implemented
					 458.320
					 FS.
New 3-15-87, Formerly 21M-40.003, 61F6-40.003,
					 59R-12.003.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-12 - FINANCIAL RESPONSIBILITY › Section 64B8-12.005 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) At the time a person seeks initial
				licensure, renewal of a license or reactivation of an inactive license that
				person must show compliance with the requirements of Section
				458.320, F.S.
(2) It is the responsibility of the licensee
				to timely renew his or her license. Failure to receive a notification from the
				Department does not relieve the licensee of the responsibility of meeting the
				financial responsibility or renewal requirements.
(3) A licensee seeking to renew a license,
				reactivate an inactive license or update a previously filed financial
				responsibility disclosure must complete form DH-MQA 1014, Financial
				Responsibility, 8/14, which is hereby incorporated by reference. To obtain the
				form, the licensee may contact the Board of Medicine at 4052 Bald Cypress Way,
				Bin #C03, Tallahassee, FL 32399-3254, or download from the Board's website at
www.flboardofmedicine.gov
, or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04751
.
(4) The licensee must retain such written
				documentation as may be necessary to prove his or her compliance with or
				exemption from the financial responsibility requirements for a period of not
				less than 7 years and must provide such documentation to the Board or its agent
				upon request.
(5) EACH LICENSEE
				MUST NOTIFY THE BOARD IN WRITING OF ANY CHANGE OF STATUS RELATING TO FINANCIAL
				RESPONSIBILITY COMPLIANCE OR EXEMPTION AT LEAST 10 CALENDAR DAYS PRIOR TO THE
				CHANGE.
(6) The failure to document
				compliance with or exemption from the financial responsibility law upon
				request, the furnishing of false or misleading information, or the failure to
				timely notify the Board of a change in status shall be grounds for disciplinary
				action up to and including license revocation.
Rulemaking Authority
					 458.309,
					 458.320 FS. Law Implemented
					 458.320
					 FS.
New 3-15-87, Formerly 21M-40.005, 61F6-40.005, 59R-12.005,
					 Amended 12-2-14, 10-29-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-12 - FINANCIAL RESPONSIBILITY › Section 64B8-12.007 - Exemptions for Persons Not Practicing in Florida; Change of Status

Current through Reg. 50, No. 138; July 16, 2024
Persons who are not practicing medicine in Florida may be
				  exempt from compliance with the financial responsibility requirements pursuant
				  to Section 458.320(5)(b), (licensees with inactive licenses) or
				  458.320(5)(e),
				  F.S. (licensees with active licenses).
(1) A licensee who has claimed an exemption
				based on the fact that the license is inactive and the licensee is not
				practicing medicine in Florida and who applies for reactivation of the medical
				license must, in addition to the other requirements for reactivation, submit an
				affidavit stating that he or she has no unsatisfied medical malpractice
				judgments or settlements at the time of application for reactivation.
(2) A licensee who has claimed an exemption
				based on the fact that, although an active license has been maintained, the
				licensee has not been practicing medicine in Florida must, before initiating or
				resuming the practice of medicine in this state, notify the Department of the
				intent to practice in the state and show compliance with the requirements of
				the financial responsibility law or show exemption therefrom in the manner set
				forth in Rule 64B8-12.005, F.A.C.
(3) A licensee who is both reactivating an
				inactive license and initiating or resuming the practice of medicine in Florida
				must meet the requirements of both subsections (1) and (2),
				above.
Rulemaking Authority
					 458.309,
					 458.320 FS. Law Implemented
					 458.320
					 FS.
New 3-15-87, Formerly 21M-40.007, 61F6-40.007, 59R-12.007,
					 Amended 10-20-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.001 - Criteria for License Renewal

Current through Reg. 50, No. 138; July 16, 2024
An active license shall be renewed upon the demonstration
				  that the applicant:
(1) Has completed
				and filed the forms provided by the Department for the renewal of license and
				paid the applicable fees.
(2) Has
				complied with the continuing education requirements of Section
				456.013(6),
				F.S., and Rule 64B8-13.005, F.A.C.
(3) Has complied with the financial
				responsibility requirements of Section
				458.320, F.S., and Rule Chapter
				64B8-12, F.A.C.
(4) Has accounted
				for any activities related to the practice of medicine in this or any other
				jurisdiction within the previous 4 years.
(5) Has actively practiced medicine or has
				been on the active teaching faculty of an accredited medical school for at
				least 2 years of the immediately preceding 4 years; alternatively, the licensee
				must successfully complete the Special Purpose Examination of the Federation of
				State Medical Boards of the United States (SPEX) prior to renewal of the
				license. "Actively practiced medicine" means that practice of medicine by
				physicians, including those employed by any governmental entity in community or
				public health, as defined in Chapter 458, F.S., including physicians practicing
				administrative medicine.
Rulemaking Authority
					 458.309,
					 458.319 FS. Law Implemented
					 456.013(6),
					 458.319,
					 458.320
					 FS.
New 12-5-93, Formerly 61F6-28.006, 59R-13.001, Amended
					 5-14-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.002 - Inactive Status and Renewal of Inactive License

Current through Reg. 50, No. 138; July 16, 2024
(1) Any licensee may elect at the time of
				biennial license renewal to place the license into inactive status by filing
				with the Department a completed application for inactive status as set forth in
				section 456.036, F.S., and the
				appropriate fee required by rule
				64B8-3.004, F.A.C.
(2) Inactive licenses must be renewed
				biennially including payment of the renewal fee set forth in subsection
				64B8-3.002(2),
				F.A.C.
(3) An inactive license can
				be reactivated at any time provided the licensee meets the requirements of rule
				64B8-13.004, F.A.C.
(4) An inactive licensee who elects to change
				to active status shall not be permitted to elect to return to inactive status
				until the next biennial renewal period.
(5) Medical faculty certificates, public
				health certificates, public psychiatry certificates, and registrations as
				resident physicians, interns, fellows and house physicians may not be converted
				to inactive status.
Rulemaking Authority
					 456.036,
					 458.309,
					 458.321 FS. Law Implemented
					 456.036,
					 458.321
					 FS.
New 3-1-95, Formerly
					 59R-13.002.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.004 - Requirements for Reactivation of an Inactive License

Current through Reg. 50, No. 138; July 16, 2024
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) Any physician whose
				license has been inactive for more than two consecutive biennial licensure
				cycles and who has not practiced for 2 out of the previous 4 years in another
				jurisdiction 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) Show compliance with subsection (1),
				above.
(b) Demonstrate successful
				completion of the SPEX with a score of at least 75 achieved within the year
				immediately proceding the appearance before the Credentials
				Committee;
(c) Account for any
				activities related to the practice of medicine in this or any other
				jurisdiction during the period that the license was inactive and establish an
				absence of malpractice or disciplinary actions pending in any jurisdiction;
				and,
(d) Prove compliance with the
				financial responsibility requirements of Section
				458.320, F.S., and Rule Chapter
				64B8-12, F.A.C.
(e) Prove
				compliance with Section
				456.033, F.S., and Rule
				64B8-13.005,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.0045 - Requirements for Reactivation of Retired Status License

Current through Reg. 50, No. 138; July 16, 2024
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.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.0051 - Delinquent Status Licenses

Current through Reg. 50, No. 138; July 16, 2024
(1) The failure
				of any license holder to either renew the license or elect inactive status
				before the license expires shall cause the license to become
				delinquent.
(2) The delinquent
				status licensee must affirmatively apply for active or inactive status during
				the licensure cycle in which the license becomes delinquent. The failure by the
				delinquent status licensee to cause the license to be renewed or made inactive
				before the expiration of the licensure cycle in which the license became
				delinquent shall render the license null and void without further action by the
				Board or the Department.
(3) The
				delinquent status licensee who applies for license renewal or inactive status
				shall:
(a) File with the Department the
				completed application for either license renewal as required by Section
				458.319, F.S., or inactive
				status as required by Section
				456.036, F.S.;
(b) Pay to the Board either the license
				renewal fee or the inactive status fee, the delinquency fee, and if applicable
				the processing fee; and,
(c) If
				renewal is elected, demonstrate compliance with the continuing education
				requirements found in subsection
				64B8-13.004(1),
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.006 - HIV/AIDS Education or End-of-Life Care and Palliative Health Care Education (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 458.319(4) FS.
					 Law Implemented 456.033,
					 589.319(4)
					 FS.
New 11-15-88, Amended 1-1-92, 9-15-92, Formerly 21M-28.005,
					 61F6-28.005, Amended 5-7-96, 1-26-97, Formerly 59R-13.006, Amended 10-26-99,
					 Repealed 6-4-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.007 - Continuing Education Credit for Physicians Volunteering for FMLE Comparison Study (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.564(6),
					 458.309 FS. Law Implemented
					 455.564(6)
					 FS.
New 12-5-00, Repealed
					 5-7-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-13 - LICENSE RENEWAL AND REACTIVATION; CONTINUING EDUCATION › Section 64B8-13.008 - Requirement for Continuing Education Course on Prescribing Controlled Substances

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 456.0301, F.S., by January 31,
				2019, all physicians who are registered with the United States Drug Enforcement
				Agency and authorized to prescribe controlled substances must complete a 2-hour
				course on prescribing controlled substances.
(2) The 2-hour controlled substances
				prescribing course shall be included in the total hours required for continuing
				education renewal purposes.
(3)
				This rule requirement is not applicable to physician assistants licensed
				pursuant to Section 458.347,
				F.S.
Rulemaking Authority
					 456.0301(2) FS.
					 Law Implemented 456.0301
					 FS.
New 7-15-18, Amended 9-10-18,
					 11-30-20.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-14 - REVIEW PROCEDURE AND METHODOLOGY FOR CERTIFICATION OF FOREIGN MEDICAL EDUCATION PROGRAMS › Section 64B8-14.001 - Purpose of Rule Chapter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 458.309,
					 458.314(4) FS.
					 Law Implemented 458.314
					 FS.
New 8-24-87, Formerly 21M-41.001, 61F6-41.001, 59R-14.001,
					 Repealed 10-14-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-14 - REVIEW PROCEDURE AND METHODOLOGY FOR CERTIFICATION OF FOREIGN MEDICAL EDUCATION PROGRAMS › Section 64B8-14.002 - Abbreviations and Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this chapter:
(1) "Applicant" means a foreign medical
				school which applies to the Department for certification.
(2) "Board" means State of Florida Board of
				Medicine.
(3) "Department" means
				State of Florida Department of Health.
(4) "Foreign medical school" means a medical
				school outside the United States.
Rulemaking Authority
					 458.309,
					 458.314(4) FS.
					 Law Implemented 458.314
					 FS.
New 8-24-87, Formerly 21M-41.002, 61F6-41.002, 59R-14.002,
					 Amended 7-13-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-14 - REVIEW PROCEDURE AND METHODOLOGY FOR CERTIFICATION OF FOREIGN MEDICAL EDUCATION PROGRAMS › Section 64B8-14.003 - Review Procedures and Methodology

Current through Reg. 50, No. 138; July 16, 2024
(1) A foreign medical school which seeks
				certification pursuant to Section
				458.314, F.S., shall submit the
				following to the Department:
(a) A completed
				application form;
(b) A
				registration fee as prescribed by the Department in Rule
				61-9.003, F.A.C.;
(c) A survey fee as prescribed by the
				Department in Rule 61-9.003, F.A.C.;
(d) A completed data base questionnaire,
				known as the Florida Foreign Medical Education Data Base. A current catalog and
				student and faculty handbook should be submitted with the completed data base
				questionnaire.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-14 - REVIEW PROCEDURE AND METHODOLOGY FOR CERTIFICATION OF FOREIGN MEDICAL EDUCATION PROGRAMS › Section 64B8-14.004 - Renewal

Current through Reg. 50, No. 138; July 16, 2024
Renewal applications will be evaluated on the basis of
				  standards existing at the time renewal is acted upon by the Department. A site
				  visit may be required as an element of the evaluation.
Rulemaking Authority
					 458.309,
					 458.314(4) FS.
					 Law Implemented 458.314
					 FS.
New 8-24-87, Formerly 21M-41.004, 61F6-41.004,
					 59R-14.004.