reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-36 - PRESCRIPTIONS OF CERTAIN MEDICINAL DRUGS BY PHARMACISTS › Section 64B8-36.002 - General Terms and Conditions to Be Followed by a Pharmacist When Ordering and Dispensing Approved Medicinal Drug Products

Current through Reg. 50, No. 138; July 16, 2024
Pharmacists may order the medicinal drug products set forth
				  in each rule subject to the following terms and limitations:
(1) Injectable products shall not be ordered
				by the pharmacist.
(2) No oral
				medicinal drugs shall be ordered by a pharmacist for a pregnant patient or
				nursing mother.
(3) In any case of
				dispensing hereunder, the amount or quantity of drug dispensed shall not exceed
				a 34-day supply or standard course of treatment unless subject to the specific
				limitations in this rule. Patients shall be advised that they should seek the
				advice of an appropriate health care provider if their present condition,
				symptom, or complaint does not improve upon the completion of the drug
				regimen.
(4) The directions for use
				of all prescribed medicinal drugs shall not exceed the manufacturer's
				recommended dosage.
(5) The
				pharmacist may only perform the acts of ordering and dispensing in a pharmacy
				which has been issued a permit by the Board of Pharmacy.
(6) The pharmacist shall create a
				prescription when ordering and dispensing medicinal drug products which shall
				be maintained in the prescription files of the pharmacy. The pharmacist shall
				place the trade or generic name and the quantity dispensed on the prescription
				label, in addition to all other label requirements.
(7) The pharmacist shall maintain patient
				profiles, separate from the prescription order, for all patients for whom the
				pharmacist orders and dispenses medicinal drug products and shall initial and
				date each profile entry. Such profiles shall be maintained at the pharmacy
				wherein the ordering and dispensing originated for a period of seven (7)
				years.
(8) In the patient profiles,
				the pharmacist shall record as a minimum the following information if a
				medicinal drug product is ordered and dispensed.
(a) Patient's chief complaint or condition in
				the patient's own words.
(b) A
				statement regarding the patient's medical history.
(c) A statement regarding the patient's
				current complaint which may include, onset, duration and frequency of the
				problem.
(d) The medicinal drug
				product ordered and dispensed.
(e)
				The pharmacist ordering and dispensing the medicinal drug product shall initial
				the profile.
(f) The prescription
				number shall be recorded in the patient's profile.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-36 - PRESCRIPTIONS OF CERTAIN MEDICINAL DRUGS BY PHARMACISTS › Section 64B8-36.003 - Medicinal Drugs Which May Be Ordered by Pharmacists

Current through Reg. 50, No. 138; July 16, 2024
A Pharmacist may order and dispense from the following
				  formulary within the pharmacists professional judgment, subject to the stated
				  conditions.
(1) Oral analgesics for
				mild to moderate pain. The pharmacist may order these drugs for minor pain and
				menstrual cramps for patients with no history of peptic ulcer disease. The
				prescription shall be limited to a six (6) day supply for one treatment. If
				appropriate, the prescription shall be labeled to be taken with food or milk.
(a) Magnesium salicylate/phenyltoloxamine
				citrate.
(b) Acetylsalicylic acid
				(Zero order release, long acting tablets).
(c) Choline salicylate and magnesium
				salicylate.
(d) Naproxen
				sodium.
(e) Naproxen.
(f) Ibuprofen.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-36 - PRESCRIPTIONS OF CERTAIN MEDICINAL DRUGS BY PHARMACISTS › Section 64B8-36.004 - Fluoride Containing Products

Current through Reg. 50, No. 138; July 16, 2024
Oral medicinal drug products containing fluoride may be
				  ordered by pharmacists for their patients who do not have fluoride supplement
				  in their drinking water, pursuant to the following limitations:
(1) The fluoride content of drinking water
				does not exceed 0.5 ppm.
(2) Once a
				fluoride treatment has been initiated with one specific fluoride medicinal drug
				product it should not be interchanged with a product of a different
				manufacturer for the course of the treatment.
(3) If the fluoride content is less than 0.5
				ppm then the following dosage schedule for oral usage shall be followed.
(a)
1. For
				ages 0-6 months.
a. Less than 0.3 ppm in
				water - no supplementation.
b. 0.3
				- 0.6 ppm in water - no supplementation.
c. 0.6 ppm in water - no
				supplementation.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-37 - ELECTROMYOGRAPHY BY PHYSICAL THERAPISTS › Section 64B8-37.001 - Minimum Qualifications for the Performance of Electromyography

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section
				  486.021(11),
				  F.S., the Board of Medicine sets forth the following criteria for the
				  performance of electromyography by physical therapists.
(1) Before a physical therapist may perform
				electromyography as an aid to the diagnosis of any human condition, he must be
				trained and competent in:
(a) Inserting and
				adjusting electrodes.
(b) Reading
				and identifying normal and abnormal signals on the grid.
(c) Interpreting the audible
				signals.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-40 - DIETETICS AND NUTRITION PRACTICE COUNCIL - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-40.002 - Organization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.507
					 FS.
New 4-9-89, Formerly 21M-46.002, 61F6-46.002, Amended
					 11-16-95, Formerly 59R-40.002, Amended 6-21-01, Repeaed
					 6-5-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-40 - DIETETICS AND NUTRITION PRACTICE COUNCIL - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-40.003 - Delegation of Powers and Duties

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to Section 468.506, F.S., the Board
				delegates to the Council the following powers and duties:
(a) Approval and denial of
				dietitian/nutritionist by endorsement or examination and certification of
				nutrition counselor by employment status as of April 1, 1988.
(b) Issuance and denial of temporary permits
				to applicants for endorsement or examination.
(c) Approval and denial of requests for
				exemption from employment disqualification pursuant to Section
				435.07, F.S.
(d) Approval and denial of continuing
				education programs and providers of continuing education programs in dietetics
				and nutrition practice.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-40 - DIETETICS AND NUTRITION PRACTICE COUNCIL - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-40.004 - Attendance at Council Meetings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Council members shall attend all regularly scheduled Council meetings unless
				prevented from doing so by reason of court order, subpoena, business with a
				court which has the sole prerogative of setting the date of such business,
				death of a family member, illness of the Council member, or hospitalization of
				the member's immediate family.
(2)
				No Council member may be absent from three consecutive regularly scheduled
				Council meetings unless the absence is excused for one of the reasons stated in
				subsection (1), of this rule. An absence for any reason other than the reasons
				stated in subsection (1), constitutes an unexcused absence for the purpose of
				declaring a vacancy on the Council. An otherwise excused absence is not excused
				if the Council member fails to notify the Board office of the impending absence
				prior to the regularly scheduled Council meeting at which the absence will
				occur or unless the failure to notify the Board office is the result of
				circumstances surrounding the reason for the absence which the Council itself
				excuses after the absence has occurred.
(3) "Family" consists of immediate family,
				nieces, nephews, aunts, uncles, cousins, and in-laws.
(4) "Immediate family" consists of spouse,
				child, child's spouse, parents, parent-in-law, siblings, grandchildren, and
				grandparents.
Rulemaking Authority
					 468.507 FS. Law Implemented
					 456.011
					 FS.
New 6-30-03, Amended
					 2-27-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-40 - DIETETICS AND NUTRITION PRACTICE COUNCIL - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-40.008 - Address of Licensee

Current through Reg. 50, No. 138; July 16, 2024
Each person holding a license issued pursuant to part X of
				  chapter 468, F.S., must maintain on file with the Department the current
				  address at which any notice required by law may be served by the Department,
				  the Board, the Council, or its agents. Within 60 days of changing this address,
				  whether or not within this state, the licensee shall notify the Department, by
				  notifying the Council, of the new address either in writing or electronically.
				  If the licensee uses electronic notification, it is the responsibility of the
				  licensee to ensure that the electronic notification was received by the
				  Council.
Rulemaking Authority
					 456.035,
					 468.507,
					 468.514 FS. Law Implemented
					 456.035
					 FS.
New 4-6-92, Formerly 21M-46.008, 61F6-46.008, 59R-40.008,
					 Amended 8-13-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-41 - DIETETICS AND NUTRITION PRACTICE COUNCIL - FEES › Section 64B8-41.001 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The application fee for licensure is
				$80.00.
(2) The endorsement fee for
				an applicant seeking licensure by endorsement is $5.00.
(3) The fee for a temporary permit is
				$50.00.
(4) The fee for initial
				licensure is $80.00. The Department of Health assesses an additional fee of
				$5.00, payable at the time of initial licensure, for the fund to combat
				unlicensed activity pursuant to Section
				456.065, F.S.
(5) The initial retired license fee is
				$50.00.
(6) The biennial renewal
				fee is $95.00, with the exception that for the 2021 and 2023 renewal fee
				periods the fee shall be $75.00. The Department of Health assesses an
				additional fee of $5.00, payable at the time of each biennial renewal, for the
				fund to combat unlicensed activity pursuant to Section
				456.065, F.S.
(7) The reactivation fee for inactive
				licenses is $50.00.
(8) A fee of
				$95.00, with the exception that for the 2021 and 2023 renewal periods the fee
				shall be $75.00 and shall be paid to remove a license from delinquent
				status.
(9) The fee for renewal of
				inactive status is $95.00, with the exception that for the 2021 and 2023
				renewal fee periods the fee shall be $75.00. The Department of Health assesses
				an additional fee of $5.00, payable at the time of each biennial renewal, for
				the fund to combat unlicensed activity pursuant to Section
				456.065, F.S.
(10) The change of status processing fee is
				$50.00.
(11) The fee for a
				duplicate license is $25.00.
(12)
				The fee for a certified public record is $25.00.
Rulemaking Authority
					 456.036(3), (7),
					 (16),
					 468.507,
					 468.508 FS. Law Implemented
					 456.013,
					 456.025(10),
					 (11),
					 456.036,
					 456.065(3),
					 468.508
					 FS.
New 4-9-89, Amended 8-28-90, 11-9-90, Formerly 21M-47.001,
					 Amended 9-21-93, 11-4-93, 1-3-94, Formerly 61F6-47.001, Amended 12-28-94,
					 5-2-95, Formerly 59R-41.001, Amended 11-24-97, 6-22-99, 8-19-99, 9-26-01,
					 7-22-02, 8-18-02, 2-20-06, 11-18-07, 1-26-15, 12-23-15, 7-17-19,
					 8-1-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-41 - DIETETICS AND NUTRITION PRACTICE COUNCIL - FEES › Section 64B8-41.002 - Duplicate License Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.025(10),
					 468.507 FS. Law Implemented
					 456.025(10)
					 FS.
New 4-6-92, Formerly 21M-47.002, 61F6-47.002, 59R-41.002,
					 Repealed 12-23-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-41 - DIETETICS AND NUTRITION PRACTICE COUNCIL - FEES › Section 64B8-41.003 - Certification of Public Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.025(11),
					 468.507 FS. Law Implemented
					 456.025(11)
					 FS.
New 4-6-92, Formerly 21M-47.003, 61F6-47.003, 59R-41.003,
					 Repealed 12-23-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-42 - LICENSURE OF DIETITIANS/NUTRITIONISTS › Section 64B8-42.001 - Licensure by Endorsement

Current through Reg. 50, No. 138; July 16, 2024
Each applicant for certification as a dietitian/nutritionist
				  by endorsement shall file the Application for Dietitian/Nutritionist Licensure,
				  DOH Form DH-MQA 1161, Rev. 10/2020, incorporated by reference, which can be
				  accessed at
http://www.floridahealth.gov/licensing-and-regulation/dietetic-nutrition
,
				  or at
https://www.flrules.org/Gateway/reference.asp?No=Ref-12603
,
				  and demonstrate the following:
(1)
(a) That she or he holds registered dietitian
				credentials issued by the Commission on Dietetic Registration of the Academy of
				Nutrition and Dietetics, or
(b)
				That she or he holds certification or licensure to deliver dietetic and
				nutritional practice in another state, district, or territory of the United
				States; such certification must have been granted to requirements determined to
				be substantially equivalent to or more stringent than the requirements in
				Florida.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-42 - LICENSURE OF DIETITIANS/NUTRITIONISTS › Section 64B8-42.002 - Licensure by Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) Every
				applicant for certification by examination shall file the Application for
				Dietitian/Nutritionist Licensure, DOH Form DH-MQA 1161, Rev. 10/2020,
				incorporated by reference, which can be accessed at
http://www.floridahealth.gov/licensing-and-regulation/dietetic-nutrition
,
				or at
https://www.flrules.org/Gateway/reference.asp?No=Ref-12482
,
				and demonstrate to the Council that he or she meets one of the following:
(a)
1. Has
				a baccalaureate or post baccalaureate degree with a major in human nutrition,
				food and nutrition, dietetics, food management or equivalent major as
				determined by the Council from a school or program accredited by the
				appropriate accrediting agency recognized by the Council on Post-secondary
				Accreditation or its successor and the United States Department of Education;
				and,
2. Has completed 900 hours of
				planned and continuous supervised practice in dietetics or nutrition, or has
				education or experience determined to be equivalent by the Council as described
				in subsections (3) and (4) or (5); or
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-42 - LICENSURE OF DIETITIANS/NUTRITIONISTS › Section 64B8-42.003 - Temporary Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) When the
				Executive Director makes a preliminary determination that an application and
				accompanying documentation are complete and the applicant appears eligible for
				licensure by examination or endorsement, a temporary permit may be issued to
				the applicant to practice dietetics and nutrition. At the next meeting of the
				Council, scheduled for the purpose of reviewing credentials, the Council shall
				either ratify or rescind the issuance of the temporary certificate.
(2) An applicant who has been issued a
				temporary permit based on apparent eligibility for the next scheduled
				examination but who has never passed an examination to determine competency as
				recognized by the Board and who is not qualified for licensure by endorsement,
				may practice dietetics and nutrition under the supervision of a licensed
				dietitian/nutritionist until notification of the results of the examination. A
				temporary permit shall expire one year from the date of issuance. The
				expiration date shall be extended for an applicant who did not take the
				examination due to illness, death of a family member, jury duty, military
				service, or similar circumstances beyond the applicant's control, provided a
				notarized statement and supporting documentation is supplied. Such extension is
				valid only until notification of the results of the next examination.
(3) An applicant who has been issued a
				temporary permit based upon apparent eligibility for licensure by endorsement
				may practice as a dietitian/nutritionist with supervision of a licensee
				dietitian/nutritionist, but such practice shall be permitted only until the
				next meeting of the Council at which applications are considered. The Council
				shall either grant or deny licensure and the temporary permit shall become
				void.
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.511
					 FS.
New 4-9-89, Formerly 21M-48.003, 61F6-48.003, Amended
					 11-12-95, Formerly 59R-42.003, Amended
					 11-24-97.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-42 - LICENSURE OF DIETITIANS/NUTRITIONISTS › Section 64B8-42.004 - Exemption of Spouses of Members of Armed Forces from License Renewal Requirements

Current through Reg. 50, No. 138; July 16, 2024
A licensee who is the spouse of a member of the Armed Forces
				  of the United States and was caused to be absent from the State of Florida
				  because of the spouse's duties with the armed forces shall be exempt from all
				  licensure renewal provisions during such absence. The licensee must show
				  satisfactory proof to the Council of the absence and the spouse's military
				  status.
Rulemaking Authority
					 456.024,
					 468.507 FS. Law Implemented
					 456.024
					 FS.
New 8-13-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-42 - LICENSURE OF DIETITIANS/NUTRITIONISTS › Section 64B8-42.005 - Additional Educational Requirements for Initial Licensure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.013(7) FS.
					 Law Implemented 456.013(7)
					 FS.
New 7-22-02, Amended 1-8-07, Repealed
					 11-16-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-43 - NUTRITION COUNSELORS › Section 64B8-43.002 - Nutrition Counseling

Current through Reg. 50, No. 138; July 16, 2024
(1) "Nutrition
				counseling" means advising and assisting individuals or groups on appropriate
				nutrition intake by integrating information from the nutrition assessment and
				individualized lifestyle.
(2) Prior
				to providing nutrition counseling to an individual, the licensee shall conduct
				a comprehensive nutrition assessment of the health and nutrition status of the
				patient, which shall include but not be limited to the identification of food
				intake, medication, drug or supplement usage, personal health practices, and
				personal and family health or medical conditions.
(3) The licensee shall develop and implement
				an individualized nutrition counseling plan for each patient based on the
				nutrition assessment of the patient's health, nutrition status, and
				individualized lifestyle.
(4) The
				licensee shall periodically reassess the patient's health and nutrition status
				and adjust the nutrition counseling plan as indicated.
(5) The licensee shall not render advice,
				counseling or recommendations to a patient which is not documented, or which is
				not consistent with the nutrition assessment or the nutrition counseling
				plan.
(6) Nutrition counseling does
				not include diagnosis, treatment, operation, or prescription for any human
				disease, pain, injury, deformity, or other physical or mental
				condition.
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.503(8), (9),
					 (10),
					 468.518(1)(i), (j),
					 (k)
					 FS.
New 1-1-92, Formerly 21M-49.002, Amended 6-22-94, Formerly
					 61F6-49.002, 59R-43.002.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.001 - Nutrition Assessment

Current through Reg. 50, No. 138; July 16, 2024
A nutrition assessment is the evaluation of the nutritional
				  needs of individuals or groups using data to determine nutrient needs or status
				  and to make appropriate nutrition recommendations. Objective and subjective
				  information may be gathered from observations, interviews, and written records.
				  Appropriate data shall include some or all of the following:
(1) Dietary history and current dietary
				intake including types and quantities of nutrients consumed;
(2) Anthropometric measures such as height,
				weight, and measurements of body fat and muscle;
(3) Information from health care providers
				including previous medical charting data and laboratory results of biochemical
				tests ordered by the client's physician;
(4) Individual and family health history and
				status;
(5) Demographic factors
				such as cultural, religious, occupational, educational, residential,
				environmental, and socio-economic background;
(6) Recreation and exercise
				patterns;
(7) Client knowledge and
				perception about individual and family nutritional status and nutritional
				goals.
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.503(9)
					 FS.
New 12-4-90, Formerly 21M-50.001, 61F6-50.001,
					 59R-44.001.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.0035 - Payment of Fine

Current through Reg. 50, No. 138; July 16, 2024
All fines imposed by the Board shall be paid within thirty
				  (30) days from the date of the final order entered by the Board unless the
				  final order extends the deadline in any given case.
Rulemaking Authority
					 456.072(3),
					 468.507,
					 468.518(2)(c)
					 FS. Law Implemented 456.072(3),
					 468.518(2)(c)
					 FS.
New 2-21-99.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.004 - Documentation

Current through Reg. 50, No. 138; July 16, 2024
(1) All licensees shall keep written patient
				records which shall include the nutrition assessment, the nutrition counseling
				plan, dietary orders, nutrition advice, patient progress notes, recommendations
				related to the patient's health or the patient's food or supplement intake, and
				any patient examination or test results.
(2) Prior to implementing a dietary or
				nutrition plan for a condition, the licensee must inquire whether the patient
				is under the active care of a licensed medical doctor, osteopathic physician,
				or chiropractic physician for that condition, and secure a written or oral
				dietary or nutrition order of the referring physician or the licensee must have
				been granted nutrition ordering privileges by the medical staff of a licensed
				care facility. If prior authorization is not practicable, the licensee may use
				professional discretion in providing nutrition services until authorization is
				obtained from the physician. The requirements of this subsection must be fully
				and completely documented in the patient's record.
(3) Upon recognition that a patient who is
				not already under the care of a medical doctor, osteopathic physician, or
				chiropractic physician has a condition which is treatable within the scope of
				practice of any of these three health care providers, the licensee must refer
				the patient to one or more of these providers. The requirements of this
				subsection must be fully and completely documented in the patient's
				record.
(4) The licensee shall sign
				and date all patient records.
(5)
				The licensee shall keep in confidence whatever he may learn about a patient in
				the discharge of professional duties and keep all patient records confidential.
				Information shall be divulged by the licensee when required by law, rule of the
				Board, or authorized by the patient.
(6) Inaccurate recording, falsifying or
				altering patient records including the nutrition assessment and documents
				required by this rule shall constitute a failure to maintain acceptable
				standards of practice.
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.516,
					 468.518(1)(f), (h),
					 (k)
					 FS.
New 1-1-92, Formerly 21M-50.004, Amended 6-22-94, Formerly
					 61F6-50.004, 59R-44.004, Amended
					 8-15-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.005 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) "Citation" means an instrument which
				meets the requirements set forth in Section
				456.077, F.S., and which is
				served upon a licensee for the purpose of assessing a penalty in an amount
				established by this rule.
(2) In
				lieu of the disciplinary procedures contained in Section
				456.073, F.S., the Department
				may issue a citation to the subject within six (6) months after the filing of
				the complaint which is the basis for the citation.
(3) The citation may be served upon the
				licensee by hand delivery or certified mail at the licensee's last known home
				address. If service by certified mail fails because the licensee has relocated
				without leaving a forwarding address, then the Department shall endeavor to
				give the subject actual or constructive notice of the pending disciplinary
				action as permitted by law.
(4) The
				Board designates the following as citation violations:
(a) Failure to renew license during which
				time the person continues to practice up to sixty (60) days - a fine of
				$100.
(b) Tendering a dishonored
				check or electronic payment to the Department for payment of licensure or
				renewal - a fine of $100.
(c)
				Failure to notify the Department of a change of address within sixty (60) days
				- a fine of $100.
(d) Falsely
				certifying timely completion of required continuing education courses for
				renewal or initial licensure, if completed by the time the citation is to be
				issued - a fine of $100 per contact hour wrongfully claimed.
(e) Failure to comply with continuing
				education requirements:
1. Fines:
a. Failure to complete less than nine (9)
				hours, a fine of $300.
b. Failure
				to complete between nine (9) and sixteen (16) hours, a fine of $600.
c. Failure to complete between seventeen (17)
				and twenty-four (24) hours, a fine of $1, 000.
2. Licensee must submit full payment of the
				fine and costs within ninety (90) days of the date the citation was
				issued.
3. Licensee must provide
				proof of completion of the deficient hours within ninety (90) days of the date
				the citation was issued.
(f) Failure to timely pay required fees and
				fines - a fine of $100.
(g) Failure
				to comply with advertising requirements - a fine of $100.
(h) Failure to display signs, licenses and
				permits - a fine of $100.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.0055 - Notice of Non-Compliance - Minor Violations

Current through Reg. 50, No. 138; July 16, 2024
(1) A Notice of noncompliance is a
				notification by the department issued to a licensee as a first response to a
				minor violation of Board rule. It is not accompanied by a fine or other
				disciplinary penalty.
(2) The Board
				designates the following as minor violations for which a notice of
				noncompliance may be issued for the first violation thereof:
(a) Failure to notify the Department of a
				change of address within 60 days, in violation of Rule
				64B8-40.008, F.A.C.
(b) Failure to display license, in violation
				of Rule 64B8-44.002,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.006 - HIV/AIDS: Knowledge of Antibody Status; Action to be Taken (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.507,
					 456.032 FS. Law Implemented
					 456.032,
					 468.518(1)(b)
					 FS.
New 11-9-92, Formerly 21M-50.006, 61F6-50.006, 59R-44.006,
					 Repealed 7-13-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.008 - Performance of Delegated Tasks by Non-Licensed Personnel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.503(5),
					 468.511,
					 468.517,
					 468.518(1)(k)
					 FS.
New 2-28-93, Formerly 21M-50.008, 61F6-50.008, 59R-44.008,
					 Repealed 7-13-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.009 - Unauthorized Treatments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.507 FS. Law Implemented
					 468.503(3), (4),
					 (8)
					 FS.
New 6-22-94, Formerly 61F6-50.009, Amended 2-20-96,
					 Formerly 59R-44.009, Repealed 7-13-16.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-44 - STANDARDS OF PRACTICE › Section 64B8-44.010 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The Board finds that mediation is an acceptable resolution of
				  the following first time violations that are economic in nature or can be
				  remedied by the licensee:
(1) Failure
				to comply with the educational course requirements for human immunodeficiency
				virus and acquired immune deficiency syndrome.
(2) Permitting a license to become delinquent
				for fewer than thirty (30) days, provided the licensee has not practiced,
				attempted to practice or offered to practice the profession during the
				delinquency period.
(3) Failure to
				promptly return a license or certificate to the Department.
(4) Failure to keep license conspicuously
				displayed in licensee's office, place of business or place of
				employment.
(5) Failure to timely
				pay fines or costs imposed in a final order.
(6) Advertising violations.
(7) Overcharging for patient
				records.
(8) Tendering a dishonored
				check or electronic payment to the Department for payment of licensure or
				renewal.
(9) Failure to notify the
				Department of a change of address within sixty (60) days.
Rulemaking Authority
					 456.078,
					 468.507 FS. Law Implemented
					 456.078
					 FS.
New 12-28-94, Formerly 59R-44.010, Amended
					 8-20-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-45 - CONTINUING EDUCATION › Section 64B8-45.001 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) As a
				condition of biennial licensure renewal all licensees shall complete a minimum
				of thirty (30) hours of continuing education in dietetics and nutrition
				practice within the twenty-four (24) month period prior to the expiration date
				of the license, of which no more than ten (10) hours may be in management, risk
				management, personal growth, and educational techniques. Up to twenty (20)
				hours of credit shall be accepted per biennium for approved home study courses.
				Those persons certified for licensure in the second half of the biennium are
				exempt from the continuing education requirements for that biennium. One hour
				of continuing education equals a minimum of fifty (50) minutes of
				instruction.
(2) Home study
				education is independent study and requires a certificate of completion and an
				examination. Web based, satellite transmitted, video or audio transmitted or on
				line instruction programs that allow or require the licensee to interact or
				communicate back and forth with the instructor during the presentation of the
				program are not considered home study education, but can be counted as
				continuing education.
(3) By
				renewing the license, the licensee is stating that he or she has completed the
				required hours.
(4) The licensee
				shall retain for 4 years certificates of attendance or other records to
				document the completion of the continuing education requirement.
(5) Failure to document compliance with the
				continuing education requirements or the furnishing of false or misleading
				information regarding compliance shall be grounds for disciplinary
				action.
(6) If prior to biennial
				renewal a licensee has any extenuating circumstance such as catastrophic
				illness or extreme situations beyond the control of the licensee, the Council
				shall consider the situation on an individual basis.
(7) Two (2) hours of the required thirty
				contact hours per biennium shall relate to prevention of medical errors,
				including a study of root-cause analysis, error reduction and prevention, and
				patient safety. If the course is being offered by a facility licensed pursuant
				to Chapter 395, F.S., for its employees, up to one hour of the two-hour course
				may be specifically related to error reduction and prevention methods used in
				that facility.
Rulemaking Authority
					 456.013(7), (8),
					 (9),
					 468.507 FS. Law Implemented
					 456.013(7), (8),
					 (9),
					 468.514,
					 468.515
					 FS.
New 12-5-90, Amended 1-1-92, 9-24-92, 5-6-93, Formerly
					 21M-51.001, Amended 9-28-93, Formerly 61F6-51.001, Amended 1-2-95, 11-12-95,
					 Formerly 59R-45.001, Amended 9-26-01, 3-4-02, 3-24-03, 4-30-06, 7-8-09, 2-3-10,
					 6-26-13.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-45 - CONTINUING EDUCATION › Section 64B8-45.002 - Continuing Education Approval

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Continuing education credit shall be awarded for educational experiences
				received through the following methods:
(a) By
				attendance and participation in any of the following dietetics or nutrition
				practice courses approved by the Board effective June 1, 2017:
1. Organized courses of post graduate study
				offered by or approved subsequent to May 31, 2011 by the American Medical
				Association's Liaison Committee for Medical Education;
2. Organized courses sponsored or approved
				subsequent to May 31, 2011 by the Public Health Service, state or territorial
				health services, or a branch of the United States Armed Services;
3. College courses from an approved graduate
				or undergraduate program which is accredited by an accrediting agency approved
				by the United States Department of Education or courses approved by any Board
				within the Division of Medical Quality Assurance of the Florida Department of
				Health which relate to the maintenance of skills necessary for the safe and
				competent practice of dietetics and nutrition services, the licensee shall
				receive 15 continuing education credits for each semester hour of the
				course.
4. Organized courses
				offered or approved subsequent to May 31, 2011 by the Commission on Dietetic
				Registration, or the Board for Certification of Nutrition
				Specialists.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-45 - CONTINUING EDUCATION › Section 64B8-45.004 - Continuing Education Requirements for Reactivation of an Inactive or Delinquent License

Current through Reg. 50, No. 138; July 16, 2024
Any person seeking to reactivate an inactive, retired or
				  delinquent license must submit proof of successful completion of fifteen hours
				  per year of continuing education approved pursuant to this rule chapter for
				  each year of inactive status.
Specific Authority
					 456.036,
					 468.507,
					 468.515(3) FS.
					 Law Implemented 456.036,
					 468.515
					 FS.
New 9-28-93, Formerly 61F6-51.004, Amended 11-12-95,
					 Formerly 59R-45.004, Amended 5-22-06.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-45 - CONTINUING EDUCATION › Section 64B8-45.005 - Performance of Pro Bono Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Up to
				six (6) hours per biennium of continuing education credit may be fulfilled by
				the performance of pro bono services to the indigent as provided in Section
				456.013(9),
				F.S., or to underserved populations, or in areas of critical need within the
				state where the licensee practices.
(2) In order to receive credit under this
				rule, licensees must make application to the Council and receive approval in
				advance. One hour credit shall be given for each two hours worked. In the
				application for approval, licensees shall disclose the type, nature and extent
				of services to be rendered, the facility where the services will be rendered,
				the number of patients expected to be serviced, and a statement indicating that
				the patients to be served are indigent. If the licensee intends to provide
				services in underserved or critical need areas, the application shall provide a
				brief explanation as to those facts.
Rulemaking Authority
					 456.013(9),
					 468.507 FS. Law Implemented
					 468.514,
					 456.013(9)
					 FS.
New 9-28-93, Amended 2-8-94, Formerly 61F6-51.005,
					 59R-45.005, Amended 9-26-01, 12-23-01,
					 6-26-13.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-45 - CONTINUING EDUCATION › Section 64B8-45.006 - Continuing Education on HIV/AIDS

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For the first renewal of licensure, licensees must complete a three hour course
				on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
				(HIV/AIDS) within the 24-month period prior to the expiration date of the
				license.
(2) Each course on
				HIV/AIDS shall meet the requirements of Section
				456.033, F.S.
(3) Courses approved by any Board within the
				Division of Medical Quality Assurance of the Department of Health pursuant to
				Section 456.033, F.S., are recommended
				by the Council and approved by the Board.
Rulemaking Authority
					 456.033 FS. Law Implemented
					 456.033
					 FS.
New 6-12-01, Amended 7-22-02,
					 1-8-07.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.002 - Organization

Current through Reg. 50, No. 138; July 16, 2024
(1) Attendance at Council Meetings. Council
				members shall attend all regularly scheduled Council meetings unless prevented
				from doing so by reason of court order, subpoena, business with a court which
				has the sole prerogative of setting the date of such business, death of a
				family member, illness of the Council member, or hospitalization of the
				member's immediate family.
(a) No Council
				member may be absent from three consecutive regularly scheduled Council
				meetings unless the absence is excused for one of the reasons stated in
				subsection (2), of this rule. An absence for any reason other than the reasons
				stated in subsection (2), constitutes an unexcused absence for the purpose of
				declaring a vacancy on the Council. An otherwise excused absence is not excused
				if the Council member fails to notify the Board office of the impending absence
				prior to the regularly scheduled Council meeting at which the absence will
				occur or unless the failure to notify the Board office is the result of
				circumstances surrounding the reason for the absence which the Council itself
				excuses after the absence has occurred.
(b) "Family" consists of immediate family,
				nieces, nephews, cousins, and in-laws.
(c) "Immediate family" consists of spouse,
				child, parents, parent-in-law, siblings, grandchildren, and
				grandparents.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.003 - Delegation of Powers and Duties to Electrolysis Council

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to section
				478.43, F.S., the Board
				delegates to the Electrolysis Council the following powers and duties.
(a) Approval and denial of applicants for
				examination and applicants for endorsement.
(b) Approval and denial of continuing
				education providers and electrolysis training programs.
(c) Approval and denial of Agency for
				Healthcare Administration (AHCA) Exemptions pursuant to section
				435.07, Florida
				Statutes.
(d) The authority to
				accept non-disciplinary voluntary relinquishments.
(e) The authority to notice rules for
				development and to propose rules to the Board.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.005 - Final Orders (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 478.43(1) FS.
					 Law Implemented 456.013
					 FS.
New 5-31-93, Formerly 21M-75.005, Amended 11-16-93,
					 Formerly 61F6-75.005, 59R-50.005, Repealed
					 1-2-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.006 - Designation of Official Reporter (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 478.43(1) FS.
					 Law Implemented 120.53(2)
					 FS.
New 5-31-93, Formerly 21M-75.006, 61F6-75.006, 59R-50.006,
					 Repealed 1-2-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.008 - Address of Licensee

Current through Reg. 50, No. 138; July 16, 2024
Each person holding a license issued pursuant to Section
				  478.45, F.S., must maintain on
				  file with the Council the current address at which any notice required by law
				  may be served by the Department, the Board, the Council, or its agents. Prior
				  to changing this address, whether or not within this state, the licensee shall
				  notify the Department, by notifying the Council either in writing or
				  electronically of the new address at which the licensee may be served with
				  notices or other documents. If the licensee uses electronic notification, it is
				  the responsibility of the licensee to ensure that the electronic notification
				  was received by the Council.
Rulemaking Authority
					 478.43(1) FS.
					 Law Implemented 456.035
					 FS.
New 5-31-93, Formerly 21M-75.008, Amended 11-16-93,
					 Formerly 61F6-75.008, 59R-50.008, Amended
					 8-13-02.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-50 - ORGANIZATION, PROCEDURES, AND GENERAL PROVISIONS › Section 64B8-50.009 - Certification of Public Records

Current through Reg. 50, No. 138; July 16, 2024
Any person desiring certification of any Board or Council
				  documents from the custodian of records as official public records shall submit
				  that request along with a certification fee of $25.
Rulemaking Authority
					 478.43(1) FS.
					 Law Implemented 456.025(11)
					 FS.
New 5-31-93, Formerly 21M-75.009, 61F6-75.009, 59R-50.009,
					 Amended 2-11-08.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-51 - LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY FACILITIES › Section 64B8-51.001 - Manner of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) All persons
				applying for licensure as an electrologist shall submit a signed application to
				the Executive Director of the Council on forms provided by the Council and
				approved and incorporated herein by reference by the Board as Form DH-MQA 1164
				entitled Electrologist Licensure Application (revised 12/2020), with
				instructions, which can be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-12740
,
				or
http://www.floridahealth.gov/licensing-and-regulation/electrolysis/
.
				The initial application must be accompanied by the application fee, as set
				forth in Rule 64B8-51.007, F.A.C.
(2) All applications must include an official
				transcript from a school of electrology which identifies the credits taken by
				home study or correspondence courses and those taken in classroom
				settings.
Rulemaking Authority
					 456.013,
					 478.43(1), (4)
					 FS. Law Implemented 456.013,
					 456.0635,
					 478.45,
					 478.46,
					 478.47,
					 478.55
					 FS.
New 5-31-93, Formerly 21M-76.001, Amended 11-10-93,
					 Formerly 61F6-76.001, Amended 5-29-96, Formerly 59R-51.001, Amended 12-23-97,
					 5-28-00, 8-9-01, 2-15-04, 10-31-05, 2-11-08, 5-7-09, 5-13-10, 5-14-13,
					 11-27-14, 9-8-16, 11-3-19, 3-11-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-51 - LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY FACILITIES › Section 64B8-51.002 - Licensure by Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) Every
				applicant for licensure as an electrologist by examination shall demonstrate to
				the Council that the applicant:
(a) Is at
				least 18 years old.
(b) Is of good
				moral character.
(c) Possesses a
				high school diploma, a graduate equivalency diploma, college diploma,
				university diploma, or technical school diploma if such college, university, or
				technical school required high school or graduate equivalency diploma for
				admission.
(d) Has not committed an
				act in any jurisdiction which would constitute grounds for disciplining an
				electrologist in this state.
(e)
				Has successfully completed the requirements of a Council-approved pre-licensure
				electrolysis training program consisting of 120 hours academic training and a
				minimum of 200 hours of practical application for the epilator-only training
				program or the combined epilator, laser, and light-based training program
				consistent with the requirements of Rule
				64B8-53.002, F.A.C.
(f) Is not otherwise disqualified by reason
				of a violation of Chapter 456 or 478, F.S., or the rules promulgated
				thereunder.
(g) Has passed the
				examination required by Section
				478.45(2),
				F.S.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-51 - LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY FACILITIES › Section 64B8-51.003 - Documentation for Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to
				establish that an applicant is at least 18 years old, a copy of one of the
				following shall be submitted:
(a) Birth
				certificate;
(b)
				Passport;
(c) Driver's
				license.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B8 - Board of Medicine › Chapter 64B8-51 - LICENSURE OF ELECTROLOGISTS AND ELECTROLOGY FACILITIES › Section 64B8-51.004 - Licensure by Endorsement

Current through Reg. 50, No. 138; July 16, 2024
Every applicant for licensure as an electrologist by
				  endorsement shall demonstrate that the applicant:
Holds an active license or other authority to practice
				  electrology in a jurisdiction whose licensure requirements are determined by
				  the Council to be equivalent to the requirements for licensure by examination
				  in this state.
Rulemaking Authority
					 478.43(1), (4),
					 478.45(1)(e)
					 FS. Law Implemented 478.45(1)(e),
					 478.47
					 FS.
New 5-31-93, Formerly 21M-76.004, Amended 3-20-94, Formerly
					 61F6-76.004, Amended 7-11-95, 7-14-96, Formerly
					 59R-51.004.