THE FLORIDA BOARD OF MEDICINE · 2020-03-10 · THE FLORIDA BOARD OF MEDICINE ANNUAL REGULATORY...

THE FLORIDA BOARD OF MEDICINE ANNUAL REGULATORY PLAN 2019-20

This Annual Regulatory Plan is being filed and published pursuant to section 120.74, Florida Statutes. The Plan covers the period beginning October 1, 2019 and ending September 30, 2020.

PART ONE LAWS ENACTED OR AMENDED

Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Medicine. §120.74(1)(a), Fla. Stat.

Law Enacted or Modified on or

after Oct. 1, 2017

Florida Statute

(modified or created)

Rule

(impacted)

Must Agency

Adopt Rules?

If Rulemaking

Necessary, Notice of

Development Published in

Florida Administrative

Register?

Expected

Publication Date for Notice

of Proposed Rulemaking

If Rulemaking Not Necessary, Explain

Ch. 2019-001, Laws of Fla. Eff. March 18, 2019 (CS/CS/CS/SB 182)

Modified §381.986, F.S. (Medical Use of Marijuana)

64B8-9.018, F.A.C. (Mandatory Standardized Informed Consent for Medical Marijuana, etc.)

Yes April 22, 2019 May 9, 2019, Rule effective August 4, 2019

N/A

Ch. 2019-112, Laws of Fla., Eff. Jan. 1, 2020 (CS/ HB 831)

Modified §§456.42; 456.43; and 456.0392 (Electronic Prescribing)

64B8-8.001, F.A.C. (Disciplinary Guidelines)

Yes Expected October 2019

Expected November 2019

N/A

Ch. 2019-123, Laws of Fla., Eff. July 1, 2019 (CS/CS/HB 451)

Modified §456.44, Fla. Stat. (Nonopioid Alternatives)

N/A No N/A N/A The Board already has in place a disciplinary guideline for violation of a statutory obligation. Therefore, mandatory rulemaking pursuant to §456.079)(1), Fla. Stat. is not required.

Ch. 2019-130 Laws of Fla., Eff. Jan. 1, 2020 (CS/CS/SB 732)

Modified §§ 456.074, 458.309, 458.331, Fla. Stat. and created §458.328, Fla. Stat. (Office Surgery)

64B8-9.009, F.A.C. (Standard of Care for Office Surgery) 64B8-8.001, F.A.C (Disciplinary Guidelines)

Yes Yes

Expected October 2019 Expected October 2019

Depends on review of rule Expected November 2019

A Joint Committee of the Board of Medicine and the Board of Osteopathic Medicine has convened and continues to meet to address standard of care issues of critical importance to the health, safety, and welfare of patients in office surgery settings. The Board of Medicine adopted an Emergency Rule on June 28, 2019, (64B8ER19-1), to address the standard of care for gluteal fat transfers, and Rule 64B8-9.009, F.A.C., incorporated those changes effective September 3, 2019. The Joint Committee will meet on October 2, 2019, to continue its review of their existing office surgery rules and update, if necessary.


Created §456.47, F.S. (Use of telehealth to provide services).


No. N/A N/A The statute is self-executing and does not require any mandated rulemaking; however, the Board will review its disciplinary guidelines.

Ch. 2019-152, Laws of Fla. Eff., July 1, 2019 (CS/CS/CS HB 851)

Created §456.0341, Fla. Stat. (Human Trafficking)

N/A No N/A N/A This provision of the statute is self-executing and does not mandate rulemaking. Further, a failure to comply with continuing education provisions is addressed upon attempted renewal of the license by the Department of Health.

PART TWO LAWS EXPECTED TO BE IMPLEMENTED THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Medicine intends to implement through rulemaking by July 1, 2019, that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.

Rule Number

And Title

Law Expected to Be Implemented

Through Rulemaking

Intent of Rulemaking

64B8-4.009, F.A.C. (Applications)

§§456.013, 458.311, 458.313, 458.3137, 458.3145, 458.315, 458.3151, 458.317, and 458.345, F.S.

Clarify, Simplify, Increase Efficiency

64B8-8.002, F.A.C. (Time for Payment of Civil Penalties or Administrative Fines.

§456.072, F.S. Clarify, Simplify, Increase Efficiency

64B8-30.003, F.A.C., (PA licensure) §§456.013, and 458.347, F.S. Clarify, Simplify, Increase Efficiency

64B8-31.003, F.A.C., (AA licensure) §§456.013, and 458.3475, F.S. Clarify, Simplify, Increase Efficiency

64B8-51.001, F.A.C. (Manner of Application)

§456.013, F.S., (Department; general licensing provisions) §456.0635, F.S., (Health care fraud; disqualification for license, certificate, or registration.)

Clarify, Increase Efficiency; Streamline Application

§478.45, F.S., (Requirements for licensure) §478.46, F.S., (Temporary permits) §478.47, F.S., (Licensure by endorsement) §478.55, F.S., (Fees; facility; disposition)

64B8-51.006, F.A.C. (Rule Governing Licensure and Inspection of Electrology Facilities)

§456.037, F.S., (Business establishments; requirements for active status licenses; delinquency; discipline; applicability) §456.0635, F.S., (Health care fraud; disqualification for license, certificate, or registration) §478.43, F.S., (Board of Medicine; powers and duties) §478.49, F.S., (License required) §478.51, F.S., (Electrology facilities; requisites; facility licensure; inspection) §478.55, F.S., (Fees; facility; disposition)

Clarify; Increase Efficiency

64B8-52.003, F.A.C. (Procedure for Approval of Attendance at Continuing Education Courses)

§456.013, F.S., (Department; general licensing provisions) §456.033, F.S., (Requirement for instruction for certain licensees on HIV and AIDS) §478.43(4), F.S., (Board of Medicine; powers and duties) §478.50(2), (4)(a), (b), F.S., (Renewal of license; delinquent status; address notification; continuing education

Update, Clarify

requirements) 64B8-55.001, F.A.C, (Disciplinary Guidelines)

§456.072, F.S., (Grounds for discipline; penalties; enforcement); §456.073, F.S., (Disciplinary proceedings); §456.079, F.S., (Disciplinary guidelines); §478.52, F.S., (Disciplinary proceedings)

Clarify disciplinary guidelines

64B8-55.002, F.A.C. (Citations)

§456.072(3), (4), F.S., (Grounds for discipline; penalties; enforcement) §456.077(1), (2), F.S., (Authority to issue citations) §478.51, F.S., (Electrology facilities; requisites; facility licensure; inspection) §478.52, F.S., (Disciplinary proceedings)

Update, Clarify

64B8-56.002, F.A.C. (Equipment and Devices; Protocols for Laser and Light-Based Devices)

§458.331, F.S., (Grounds for Disciplinary Action; action by the board and department.) §458.348, F.S., (Formal supervisory relationships, standing orders, and established protocols; notice; standards) §478.42, F.S., (Definitions) §478.43, F.S., (Board of Medicine; powers and duties)

Clarify

PART THREE

UPDATES TO PRIOR YEAR’S PLAN

Part Three of the Plan addresses whether there are any updates to the prior year’s regulatory plan. §120.74(c), Fla. Stat.

- There are not any updates to the prior year’s annual regulatory plan.

PART FOUR

CERTIFICATION PURSUANT TO §120.74(1)(d), Fla. Stat.

The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Medicine regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June, 2015, with continuing board review through August, 2019.

/S/ Steven Rosenberg, M.D. September 6, 2019 Electronic Signature Date Signed Steven Rosenberg, M.D. Chair of the Board of Medicine

/S/ Donna McNulty, Esq. September 6, 2019 Electronic Signature Date Signed Donna McNulty Special Counsel Counsel to the Board of Medicine

THE FLORIDA BOARD OF OSTEOPATHIC MEDICINE ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Osteopathic Medicine. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2017

Florida Statute


Rule

(impacted)

Must Agency

Adopt Rules?

If Rulemaking

Necessary, Notice of Development

Published in Florida

Administrative Register?

Expected




Ch. 2019-001, Laws of Fla. Eff. March 18, 2019 (CS/CS/CS/SB 182)

Modified §381.986, F.S. (Medical Use of Marijuana)

64B15-14.013, F.A.C. (Mandatory Standardized Informed Consent for Medical Marijuana, etc.)

Yes April 25, 2019 May 15, 2019, Rule effective August 12, 2019

N/A

Ch. 2019-112, Laws of Fla., Eff. Jan. 1, 2020 (CS/ HB 831)

Modified §§456.42; 456.43; and 456.0392 (Electronic Prescribing)

64B15-19.002, F.A.C. (Violations and Penalties)

Yes September 4, 2019 Expected late October 2019)

N/A


Modified §456.44, Fla. Stat. (Nonopioid Alternatives)

N/A No N/A N/A The Board already has in place a disciplinary guideline for violation of a statutory obligation. Therefore, mandatory rulemaking pursuant to §456.079)(1), Fla. Stat. is not required.

Ch. 2019-130 Laws of Fla., Eff. Jan. 1, 2020 (CS/CS/SB 732)

Modified §§ 456.074, 459.005, 459.015, Fla. Stat. and created §459.0138, Fla. Stat. (Office Surgery)

64B15-14.007, F.A.C. (Office Surgery) 64B15-19.002, F.A.C. (Violations and Penalties)

Yes Yes

Expected November 2019 September 4, 2019

Depends on review of rule Expected late October 2019

A Joint Committee of the Board of Osteopathic Medicine and the Board of Medicine has convened and continues to meet to address standard of care issues of critical importance to the health, safety, and welfare of patients in office surgery settings. The Board of Osteopathic Medicine adopted an Emergency Rule, (64B15-ER19-1), on June 28, 2019, to address the standard of care for gluteal fat transfers, and Rule 64B15-14.007 incorporated those changes effective September 11, 2019. The Joint Committee will meet on October 2, 2019, to continue its review of their existing office surgery rules and update, if necessary.



64B15-19.002, F.A.C. (Violations and Penalties)

No. N/A N/A The statute is self-executing and does not require any mandated rulemaking; however, the Board will review its disciplinary guidelines.


Created § 456.0341, Fla. Stat. (Human Trafficking)



Part Two of this plan addresses those laws which the Board of Osteopathic Medicine intends to implement through rulemaking by July 1, 2020, that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.

Rule Number

And Title


Through Rulemaking


64B15-12.003, F.A.C., (Gen. application)

§§456.013, and 459.0055, F.S. Clarify, Simplify, Increase Efficiency

64B15-12.005, F.A.C., (Limited license)

§§456.013, and 459.0075, F.S.


64B15-12.010, F.A.C., (Area Critical Need)


64B15-12.011, F.A.C. (Military ACN)

§§456.013, and 456.0761, F.S.


64B15-12.009, F.A.C. (Osteo. Fac. Cert.)


64B15-22.004, F.A.C., (Reg. Unlic. §§456.013, and 459.021, F.S. Clarify, Simplify, Increase

Phys) Efficiency

64B15-6.003, F.A.C., (PA licensure) §§456.013, and 459.022, F.S. Clarify, Simplify, Increase Efficiency

64B15-7.003, F.A.C., (AA licensure) §§456.013, and 459.023, F.S. Clarify, Simplify, Increase Efficiency

PART THREE




PART FOUR CERTIFICATION PURSUANT TO §120.74(1)(d), Fla. Stat. (2017)

The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Osteopathic Medicine regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June, 2015, with continuing Board review through August, 2019.

/S/ Joel Rose, D.O. September 6, 2019___ Electronic Signature Date Signed Joel Rose, D.O. Chair of the Board of Osteopathic Medicine

/S/ Donna C. McNulty, Esq. September 6, 2019_ Electronic Signature Date Signed Donna C. McNulty Special Counsel Counsel to the Board of Osteopathic Medicine

THE FLORIDA BOARD OF ACUPUNCTURE ANNUAL REGULATORY PLAN 2019-2020

This Annual Regulatory Plan is being filed and published pursuant to section 120.74, Florida Statutes (2017). The Plan covers the period beginning October 1, 2019 and ending September 30, 2020.


Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Acupuncture. §120.74(1)(a), Fla. Stat. (2017).


after Oct. 1, 2018

Florida Statute


Rule

(impacted)

Must Agency

Adopt Rules?

If Rulemaking




Register?

Expected

Publication Date for Notice of Proposed

Rulemaking


None


Part Two of this plan addresses those laws which the Board of Acupuncture intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2017).

Rule Number

And Title


Through Rulemaking


64B1-1.003 (Other business involving the board.)

§456.011 Boards; Organization; meetings; compensation and travel expenses.

Clarify, and reduce regulatory costs.

64B1-4.0011 (Documentation Necessary for Licensure Application)

§456.048 (Financial responsibility requirements for certain health care practitioners); §456.0635 (Health care fraud, disqualification for license, certificate, or registration.); §457.105 (Licensure qualifications and fees).

Delete obsolete portion of the rule.

64B1-7.004 (Notice to the Agency of mailing address and place of Practice of Licensee.

§456.035 (Address of record)

Increase efficiency, and reduce regulatory costs.

64B1-9.003 (Notice of Noncompliance)

§120.695 (Notice of noncompliance; designation of minor violation of rules); §456.073 (Disciplinary proceedings)

Delete obsolete portion of rule.

64B1-9.006 (Mediation)

456.078 (Mediation)

Delete obsolete portion of rule

PART THREE


Part Three of the Plan address whether there are any updates to the prior year’s regulatory plan. §120.74(c), Fla. Stat. (2017).



The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Acupuncture regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30 day of June 2016 with continuing board review through August 2019.

/S/ Kathy Veon September 6, 2019_ Electronic Signature Date Signed KATHY VEON Chair of the Board of Acupuncture

/S/ Diane Guillemette September 6, 2019 Electronic Signature Date Signed Diane L. Guillemette Assistant Attorney General Counsel to the Board of Acupuncture

THE FLORIDA BOARD OF ATHLETIC TRAINING ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Athletic Training. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2018

Florida Statute


Rule

(impacted)

Must Agency

Adopt Rules?

If Rulemaking

Necessary, Notice of Development



Expected




Ch. 2019-137, Laws of Florida, Effective July 1, 2019 (HB 23)

§§456.47; 627.42396; 641.31(45), F.S.

N/A No N/A N/A Section 456.47(7), F.S., grants the Board authority to create rules to administer this section but does not require rulemaking.


Part Two of this plan addresses those laws which the Board of Athletic Training intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.

Rule Number

And Title


Through Rulemaking


Rule 64B33-2.001, F.A.C. 468.707 Clarify

PART THREE





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Athletic Training regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on September 5, 2019.

/S/ Billy J. McDougal, ATC, LAT _9/5/2019_________ Electronic Signature Date Signed Billy J. McDougal, ATC, LAT Vice-Chair of the Board of Athletic Training

/S/ Tom Barnhart, Esq. __9/5/2019______ Electronic Signature Date Signed Tom Barnhart Special Counsel Counsel to the Board of Athletic Training

THE FLORIDA BOARD OF CHRIOPRACTIC MEDICINE ANNUAL REGULATORY PLAN 2019 - 2020

Page 1 of 3



Part One of the Plan addresses each law enacted or amended during the previous twelve (12) months which creates or modifies the duties or authority of the Board of Chiropractic Medicine. §120.74(1)(a), Fla. Stat. (2019).


after Oct. 1, 2018

Florida Statute


Rule

(impacted)

Must Agency

Adopt Rules?

If Rulemaking




Register?

Expected

Publication Date for Notice of Proposed

Rulemaking


None

N/A

N/A

N/A

N/A

N/A

N/A

of 3


Part Two of this plan addresses those laws which the Board of Chiropractic Medicine intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).

Rule Number And Title

Law Expected to Be

Implemented Through Rulemaking


64B2-13.004, F.A.C. (Continuing Education) §§456.013, 456.025, 456.036, 460.408, F.S.

Clarify, Simplify, Increase Efficiency, Reduce Regulatory Costs

64B2-11.004, F.A.C. (Application for Licensure Examination) §§456.013 and 460.406, F.S.


64B2-11.012, F.A.C. (Application for Acupuncture Certification) §§456.013 and 460.406, F.S.


64B2-12.0155, F.A.C. (Fee for Registered Chiropractic Assistants) §460.4166, F.S. Clarify, Simplify, Increase Efficiency, Reduce Regulatory Costs

64B2-12.022, F.A.C. (Medical Faculty Certificate Fees) §§456.013, 460.4062, F.S. Clarify, Simplify, Increase Efficiency, Reduce Regulatory Costs

64B2-18.002, F.A.C. (Application for Certification as a Chiropractic Physician’s Assistant)

§§456.013 and 460.4165, F.S. Clarify, Simplify, Increase Efficiency, Reduce Regulatory Costs

64B2-18.005 (Certification of Supervising Physicians) §460.4165, F.S. Clarify, Simplify, Increase Efficiency, Reduce Regulatory Costs

of 3

PART THREE UPDATES TO PRIOR YEAR’S PLAN

Part Three of the Plan address whether there are any updates to the prior year’s regulatory plan. §120.74(c), Fla. Stat. (2019).

There are no updates to the prior year’s annual regulatory plan.

PART FOUR

CERTIFICATION PURSUANT TO §120.74(1)(d), Fla. Stat. (2019)

The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Chiropractic Medicine regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June 2015 with continuing board review through August 2019.

s/ Danita Thomas Heagy, D.C. September 9, 2019 Danita Thomas Heagy, D.C. Date Signed Chair of the Board of Chiropractic Medicine

s/ Lawrence D. Harris, Jr. September 9, 2019 Lawrence D. Harris, Jr. Date Signed Senior Assistant Attorney General Counsel to the Board of Chiropractic Medicine

THE FLORIDA BOARD OF CLINICAL LABORATORY PERSONNEL ANNUAL REGULATORY PLAN 2019-20

This Annual Regulatory Plan is being filed and published pursuant to section 120.74, Florida Statutes (2018). The Plan covers the period beginning

October 1, 2019 and ending September 30, 2020.

PART ONE

LAWS ENACTED OR AMENDED

Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the

Board of Clinical Laboratory Personnel. §120.74(1)(a), Fla. Stat. (2018).

Law Enacted or

Modified on or

after Oct. 1, 2017

Florida Statute


Rule

(impacted)

Must

Agency

Adopt

Rules?

If Rulemaking

is Necessary,

Notice of

Development

Published in

Florida

Administrative

Register?

Expected

Publication

Date for

Notice of

Proposed

Rulemaking

If Rulemaking is

Not Necessary, Explain

Ch. 2019-137,

Laws of Florida,

Effective July 1,

2019 (HB 23)

§§456.47; 627.42396;

641.31(45), F.S.

N/A

No

N/A N/A

§456.47(7) grants the Board authority to

create rules to administer this section. It

does not require creation of rules to

implement, and leaves it at the discretion

of the Board to determine what rules are

needed to administer the section, if any.

PART TWO

LAWS EXPECTED TO BE IMPLEMENTED

THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Clinical Laboratory Personnel intends to implement through

rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include

emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of

the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be

adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2018).

Law Expected to Be

Implemented Through

Rulemaking


Reason for Rulemaking

483.801

483.803

483.811

64B3-2.003

(Definitions)


483.809

483.811

64B3-3.001

(General Requirements of Clinical Laboratory

Personnel Training Programs)

64B3-3.003

(General Requirements of Clinical Laboratory

Personnel Training Programs)



456.013

483.809

483.811

483.823

64B3-5.0011

(Definitions)

64B3-5.003

(Technologist)

64B3-5.004

(Technician)

Clarify, Simplify

Clarify, Simplify

Clarify, Simplify

456.013

456.022

456.033

456.0635

483.815

483.823

64B3-6.001

(Manner of Application)


483.813

483.823

483.825

64B3-10.005

(Scope of Practice Relative to Specialty of

Licensure)

Clarify, Simplify

120.695

456.073

64B3-12.005

(Notice of Noncompliance)


PART THREE


Part Three of the Plan address whether there are any updates to the prior year’s regulatory plan. §120.74(1)(c), Fla. Stat. (2018).


PART FOUR


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Clinical Laboratory Personnel regularly reviews

all its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive

enhanced review having been completed on the 6th day of September 2019 with continuing board review through September 2019.

s/ Carleen P. Siclen

Electronic Signature

Carleen P. Van Siclen,

MSHA, MLS(ASCP)

08/27/2019

Date Signed

Chair of the Board of Clinical Laboratory Personnel

s/ Timothy Frizzell 08/27/2019

Electronic Signature Date Signed

Timothy Frizzell

Assistant Attorney General Counsel to the Board of Clinical Laboratory Personnel

THE FLORIDA BOARD OF CLINICAL SOCIAL WORK, MARRIAGE &

FAMILY THERAPY AND MENTAL HEALTH COUNSELING ANNUAL REGULATORY PLAN 2019-20



PART ONE



Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling. §120.74(1)(a), Fla. Stat. (2018).

Law Enacted or

Modified on or

after Oct. 1, 2017

Florida Statute


Rule

(impacted)

Must

Agency

Adopt

Rules?

If Rulemaking

is Necessary,

Notice of

Development

Published in

Florida

Administrative

Register?

Expected

Publication

Date for

Notice of

Proposed

Rulemaking

If Rulemaking is


Ch. 2019-137,

Laws of Florida,

Effective July 1,

2019 (HB 23)

§§456.47; 627.42396;

641.31(45), F.S.

N/A

No

N/A

N/A

§456.47(7) grants the Board authority to



implement and leaves it at the discretion



PART TWO


THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Board of Clinical Social Work, Marriage & Family Therapy

and Mental Health Counseling intends to implement through rulemaking by July 1, 2020 that are otherwise not covered

pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may

become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a

law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla.

Stat. (2018).

Rule Number

And Title


Through Rulemaking


64B4-3.003

(Examination for

Licensure)

456.017

491.005

Clarify

64B4-3.001 (Application for

clinical Social Work,

Marriage and Family Therapy

and Mental Health Counseling

Applicants)

456.013 491.006

456.0365 491.0065

491.005

Clarify

64B4-3.0075

(Provisional

Licensure)

456.013

456.0635

491.0046

Clarify

64B4-3.0085

(Intern Registration)

456.013

456.0635

491.0045

Clarify

64B4-3.009

(Limited Licenses)

456.013

456.015

456.0635

Clarify

PART THREE




PART FOUR


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Clinical Social Work, Marriage & Family

Therapy and Mental Health Counseling regularly reviews all its rules to determine if the rules remain consistent with the Board’s rulemaking authority and

the laws being implemented, with the most comprehensive enhanced review having been completed on the 5th day of September 2019 with continuing

board review through September 2019.

s/ Lisa Bolhouse


Lisa Bolhouse,

LCSW

09/05/2019

Date Signed

Chair of the Board of Board of Clinical

Social Work, Marriage & Family Therapy


s/ Timothy Frizzell 09/05/2019


Timothy Frizzell, Esquire

Assistant Attorney General Counsel to the Board of Board of Clinical

Social Work, Marriage & Family Therapy


THE FLORIDA BOARD OF DENTISTRY ANNUAL REGULATORY PLAN 2019-2020



PART ONE



Board of Dentistry. §120.74(1)(a), Fla. Stat. (2019).

Law Enacted or

Modified on or

after Oct. 1, 2018

Florida Statute


Rule

(impacted)

Must

Agency

Adopt

Rules?

If Rulemaking

Necessary,

Notice of

Development

Published in

Florida

Administrative

Register?

Expected

Publication

Date for

Notice of

Proposed

Rulemaking

If Rulemaking


Ch. 2019-137,

Laws of Fla., Eff.

July 1, 2019

(CS/CS/HB 23)

Created §456.47, F.S.

(Use of telehealth to

provide services).

64B5-13.005, F.A.C.

(Disciplinary Guidelines)

Not

pursuant

to this

new

statute

9/4/2019

Vol. 45/172,

F.A.R.

December

2019

The statute is self-executing and does

not require any mandated rulemaking.

However, the board will need to review

the disciplinary guidelines to ensure that

the board is incompliance with

§456.079(1), F.S. (2019).

Ch. 2019-111,

Laws of Fla, Eff.

July 1, 2019 (HB

549)

Modified §466.0135,

F.S.

(Continuing Education;

Dentists).

N/A

No N/A N/A

The statute is self-executing and does

not require mandatory rulemaking.

However, the Board will update the

continuing education rule to ensure

continuity of the rule and to clarify and

increase efficiency.

Ch. 2019-112,

§§1,2,4, Laws of

Fla., Eff. Jan. 1,

2020 (CS/ HB 831)

Modified §§456.42;

456.43; and 456.0392

Electronic Prescribing

N/A No N/A N/A The relevant provision of the statute

delegates to the Department of Health

rulemaking authority in consultation

with multiple boards to include the

Board of Dentistry. The Board already

has in place a disciplinary guideline for

violating a statutory obligation.

Therefore, there is no mandatory

rulemaking pursuant to §456.079(1),

Fla. Stat.

Ch. 2019-123, §1,

Laws of Fla., Eff.

July 1, 2019

(CS/CS/HB451)

Modified §456.44, Fla.

Stat. (Nonopioid

Alternatives).

N/A No N/A N/A This section of the statute does not

require mandatory rulemaking to

implement the statutory mandate.

Additionally, the Board already has in

place a disciplinary guideline for

violation of a statutory obligation.

Therefore, mandatory rulemaking

pursuant to § 456.079)(1), Fla. Stat. is

not required.

Ch. 2019-152, §2,

Laws of Fla. Eff.,

July 1,

2019(CS/CS/CS

HB 851)

Created § 456.0341, Fla.

Stat. (Human

Trafficking).

N/A No N/A N/A This provision of the statute is self-

executing and does not mandate

rulemaking. Further, a failure to

comply with Continuing Education

provisions is addressed upon attempted

renewal of the Dental license by the

Department of Health.

PART TWO

LAWS EXPECTED TO BE IMPLEMENTED THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Dentistry intends to implement through rulemaking by July 1, 2020 that are otherwise not

covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that

was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will

necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).

Rule Number

And Title


Through Rulemaking


Chapter 64B5, F.A.C.

(Board of Dentistry)

Multiple / Various

Chapter 456 and Chapter 466, F.S.

Clarify, Simplify and Increase Efficiency.

Review all application forms for necessary

updates and to amend the Health History

Questions within the application.

64B5-4.003, F.A.C.

(Advertisement of Fees and

Discounted Services).

§§ 456.062; 466.019; and 466.028(1)(d),

F.S.


The rule will be updated to properly

incorporate within the rule the reference to

the ADA Code on Dental Procedures and

Nomenclature. This rule is being updated

based on correspondence received from

JAPC.

64B5-10.004, F.A.C.

(Exemption of Spouses of

Members of Armed Forces

From License Renewal

Provisions).

§ 456.024, F.S. Increase Efficiency through an update

amendment to list the specific documents

required. This rule is being updated based

on correspondence from JAPC.

64B5-10.011, F.A.C.

(Retired Status and

Reactivation of Retired Status

License).

§456.036, F.S. Clarify. The rule will be updated to remove

obsolete references to repealed rules.

64B5-12.019, F.A.C

(Courses Required for Initial

Licensure, Renewal, or

Reactivation).

§§ 456.013; 456.031; and 456.033, F.S. Repeal as obsolete. This rule has been

consolidated into Rule 64B5-12.013, F.A.C.

64B5-12.020, F.A.C.

(Courses Required of

Licensees for Renewal and

Reactivation).

§§ 456.013; 466.0135; and 466.014, F.S. Repeal as obsolete. This rule has been

consolidated into Rule 64B5-12.013, F.A.C.

64B5-13.0045, F.A.C.

(Minor Violations).

§ 456.073, F.S. Clarify, Simplify, Increase Efficiency and

Reduce unnecessary regulatory burden.

64B5-13.0046, F.A.C.

(Citation Authority).

§456.077, F.S. Clarify, Simplify, Increase Efficiency and

Reduce unnecessary regulatory burden.

64B5-13.005, F.A.C.

(Disciplinary Guidelines).

§§456.072(2); 456.079(1); and 466.028,

F.S.

Clarify, Simplify and Update.

Chapter 64B5-14, F.A.C

(Anesthesia).


Delete obsolete, unnecessary, or redundant

provisions. Chapter 64B5-14, F.A.C. The

entire Chapter is currently under rule

review.

64B5-16.001, F.A.C.

(Definitions of Remediable

Tasks and Supervision Levels).

§§ 466.023; 466.0235; 466.024; 466.003,

F.S.


The rule will be reviewed to determine

needed updates to eliminate confusion.

64B5-16.005, F.A.C.

(Remediable Tasks Delegable

to Dental Assistants).


Reduce Regulatory Costs.

64B5-16.006, F.A.C.

(Remediable Tasks Delegable

to Dental Hygienist).

§§466.017; 466.023; 466.024, F.S. Clarify, Simplify, Increase Efficiency, and

Reduce Regulatory Costs.

64B5-25.002, F.A.C.

(Definitions).

§466.028(1)(u), F.S. Clarify, Simplify, Increase Efficiency.

64B5-25.003, F.A.C.

(Required Sterilization and

Disinfection Procedures).

§466.028(1)(u), F.S. Clarify, Simplify, and Increase Efficiency.

64B5-25.006, F.A.C.

(Emergency Suspension of

Licensees Infected with the

Hepatitis B Virus; Initiation of

Complaints).

§§466.028 and 456.041, F.S. Repeal – The rule is obsolete and

emergency suspensions are within the sole

power and authority of the State Surgeon

General.

PART THREE



There are not any updates to the prior year’s annual regulatory plan.

PART FOUR


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Dentistry regularly reviews all its rules to

determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced

review having been completed on the 30th day of June 2015 with continuing board review through August 2019.

/S/ Claudio L. Miro, D.D.S. September 6, 2019


Claudio L. Miro, D.D.S.

Chair of the Board of Dentistry

/S/ David D. Flynn, Esquire September 6, 2019


David D. Flynn, Esquire

Senior Assistant Attorney General

Counsel to the Board of Dentistry

THE FLORIDA BOARD OF MASSAGE THERAPY ANNUAL REGULATORY PLAN 2019-2020.



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Massage Therapy. §120.74(1)(a), Fla. Stat. (2018).


after Oct. 1, 2016

Florida Statute (modified or created)

Rule (impacted)

Must Agency Adopt Rules?

If Rulemaking Necessary, Notice of



Register?

Expected Publication

Date for Notice of Proposed

Rulemaking


HB 851 480.033 (Definitions)

480.043 Message establishments; requisites; licensure; inspection; human trafficking awareness training and policies

64B7-26.001 Definitions;

64B7-26.002 Licensure of Massage Establishment;

64B7-26.006 Change of Corporate Officers, Interested Parties,

Yes

Yes

Yes

Yes

Yes

Yes

8.29.19

8.29.19

8.29.19

Designated Establishment Managers;

64B7-26.007 Transfer of Massage Establishment License

Yes Yes 8.29.19


Part Two of this plan addresses those laws which the Board of Massage Therapy intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2018).


Law Expected to Be Implemented Through Rulemaking


64B7-27.100, F.A.C. (Fees)

§456.013(2), F.S., (Department; generallicensing provisions) §456.025(1), F.S., (Fees; receipts;disposition) §456.036(7)(8), F.S., (Licenses; activeand inactive status; delinquency) §456.065(3), F.S., (Unlicensed practice ofa health care profession; intent; cease and desist notice; penalties; enforcement; citations; fees; allocation and disposition

Increase fees to reduce the deficit in the board’s trust fund, and increase efficiency.

of moneys collected) §480.043(7), F.S., (Massageestablishments; requisites; licensure; inspection) §480.044, F.S., (Fees; disposition)

64B7-26.003, F.A.C. (Massage Establishment Operations)

§480.043(2), F.S., (Massageestablishments; requisites; licensure; inspection)

Rewording rule for clarification



- There are no updates to the prior year’s annual regulatory plan.


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Massage Therapy regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30 day of June 2016, through August 2019.

/s/ Christopher Brooks _09/06/2019_ Electronic Signature Date Signed Christopher Brooks, LMT, Chair of the Board of Massage Therapy

/s/ Diane L. Guillemette __09/06/2019___Electronic Signature Date Signed Diane L. Guillemette Assistant Attorney General Counsel to the Board of Massage Therapy

THE FLORIDA BOARD OF NURSING ANNUAL REGULATORY PLAN 2019-2020.



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Nursing. §120.74(1)(a), Fla. Stat. (2019).


after Oct. 1, 2018


Rule (impacted)





Register?



Rulemaking


2019-70, Laws of Florida



§§456.077; 456.072; 464.018

§456.47

64B9-8.003 Yes

No

No

N/A N/A Citation for violation already in rule


Part Two of this plan addresses those laws which the Board of Nursing intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).




64B9-2.017 Approval of Nursing Education Programs

64B4-3.002 Qualifications for Examination

64B9-3.008 Licensure by Endorsement

64B9-3.016 Multi-State License Upgrade

64B9-4.002 Requirements for Licensure

64B9-4.011 Dispensing Practitioners

§464.019

§§456.013; 456.0135; 464.0195; 456.0635; 464.008; 464.0095

§§464.0195; 464.009; 456.013; 456.036; 456.0635

§§456.013; 456.0635; 464.0095

§§456.048; 456.072; 464.012; 464.018; 456.0135; 456.0635

§§465.0276; 464.012

Update application form

Update application forms





64B9-8.003 Citations

64B9-8.005 Unprofessional Conduct

64B9-8.006 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Factors

64B9-15.0035 Certification by Endorsement

64B9-15.009 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances

§456.077

§464.018

§§456.072; 456.079; 464.018

§§456.0635; 464.203

§§456.072; 464.204

Add/delete potential violations for which citation may be issued

Add/delete actions that constitute professional misconduct

Update disciplinary penalties






The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Nursing regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 9th day of August 2019, through July 2019.

/s/ Kathryn L. Whitson, MSN, RN ______September 9, 2019 Electronic Signature Date Signed Kathryn L. Whitson, MSN, RN Chair of the Board of Nursing

/s/ Deborah Bartholow Loucks ____September 9, 2019 Electronic Signature Date Signed Deborah Bartholow Loucks Senior Assistant Attorney General Counsel to the Board of Nursing

THE FLORIDA BOARD OF NURSING HOME ADMINISTRATORS ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Nursing Home Administrators. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2017


Rule (impacted)





Register?



Rulemaking



Created §456.0341, Fla. Stat. (Human Trafficking)



Part Two of this plan addresses those laws which the Board of Nursing Home Administrators intends to implement through rulemaking by July 1, 2019 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.




64B10-11.001, F.A.C. (Application for Licensure)

§456.013, F.S., (Department; generallicensing provisions) §456.0635, F.S., (Health care fraud;disqualification for license, certificate, or registration) §468.1685(2), F.S., (Powers and duties ofboard and department) §468.1695(1), F.S., (Licensure byexamination) §468.1705, F.S., (Licensure byendorsement; temporary license)

Clarify and update/ new application

64B10-11.003 (Reexamination)

§456.017(2), F.S., (Examinations) Clarify and Update/ new application

64B10-14.004 (Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances)

§456.072, F.S., (Grounds for Discipline;penalties; enforcement) §456.073, F.S., (Disciplinary proceedings)§456.079, F.S., (Disciplinary guidelines)§468.1685, F.S., (Powers and duties ofboard and department) §468.1755, F.S., (Disciplinaryproceedings)

Clarify and update

64B10-15.001, F.A.C. (Continuing Education for Licensure Renewal)

§456.013, F.S., (Department; generallicensing provisions) §468.1715(3), F.S., (Renewal of License)

Clarify; Increase Efficiency

64B10-15.003 (Initial Licensure Requirements)

§456.013, F.S., (Department; generallicensing provisions) §456.033, F.S., (Requirement forinstruction for certain licensees on HIV and AIDS) §468.1715, F.S., (Renewal of license)§468.1725, F.S., (Inactive status)

Repeal; Reclassify in a more appropriate rule

64B10-16.001 (General Information; Monitors)

§456.013, F.S., (Department; generallicensing provisions) §468.1695, F.S., (Licensure byExamination)


64B10-16.002 (Preceptor)

§468.1695, F.S., (Licensure byExamination)



Part Three of the Plan address whether there are any updates to the prior year’s regulatory plan. §120.74(1)(c), Fla. Stat.


PART FOUR CERTIFICATION PURSUANT TO §120.74(1)(d), Fla. Stat.

The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Nursing Home Administrators regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the _1st__ day of ___August__________, 2018 with continuing board review through August, 2019.

/S/ Henry Gerrity III _9/5/2019_____________________ Electronic Signature Date Signed Henry Gerrity III Chair of the Board of

Nursing Home Administrators

/S/ Rachelle Munson _9/5/2019_____________________Electronic Signature Date Signed Rachelle Munson Assistant Attorney General Counsel to the Board of

Nursing Home Administrators

THE FLORIDA BOARD OF OCCUPATIONAL THERAPY ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Occupational Therapy Practice. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2018


Rule (impacted)


If Rulemaking Necessary, Notice of Development




Date for Notice of Proposed Rulemaking


2019-152 Human Trafficking

456.0341 64B17-9.001 Continuing Education

NO The Board does not need to update its continuing education rule as it already grants authority to take courses from appropriate providers.


Part Two of this plan addresses those laws which the Board of Occupational Therapy Practice intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.


Law Expected to Be Implemented Through Rulemaking Intent of Rulemaking

64B11-4.001 Use of Prescription Devices

468.203(4) Definitions; Occupational Therapy

Provide education and experience requirements for the use of certain prescription devices by occupational therapists.

64B11-2.003 Fees; Application 456.013, 456.0635, 468.209, 468.211, 468.221

Simplify and clarify licensure application.





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Occupational Therapy Practice regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June 2015 with continuing board review through August 2019.

/S/ James F. Spafford, M.B.A. September 5, 2019__________ Electronic Signature Date Signed James F. Spafford, M.B.A., Chair of the Board of Occupational Therapy

/S/ Lynette Norr, Esq. September 5, 2019_________Electronic Signature Date Signed Lynette Norr Assistant Attorney General Counsel to the Board of Occupational Therapy

THE FLORIDA BOARD OF OPTICIANRY ANNUAL REGULATORY PLAN 2019-20



PART ONE



Board of Opticianry. §120.74(1)(a), Fla. Stat. (2018).

Law Enacted or

Modified on or

after Oct. 1, 2017

Florida Statute


Rule

(impacted)

Must

Agency

Adopt

Rules?

If Rulemaking

is Necessary,

Notice of

Development

Published in

Florida

Administrative

Register?

Expected

Publication

Date for

Notice of

Proposed

Rulemaking

If Rulemaking is


Ch. 2019-137,

Laws of Florida,

Effective July 1,

2019 (HB 23)

§§456.47; 627.42396;

641.31(45), F.S.

N/A No N/A N/A §456.47(7) grants the Board authority to



implement and leaves it at the discretion



PART TWO


THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Board of Opticianry intends to implement through rulemaking

by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency

rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the

submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be

adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2018).

Rule Number And Title Law Expected to Be Implemented

Through Rulemaking


64B4-3.003

(Examination for

Licensure)

456.017 Clarify, Increase Efficiency

64B12-14.002

(Application for

Board

Certification and

Renewal)

484.002

484.005

Clarify

64B12-16.003

(Apprenticeship

Requirements

and Training

Program)

456.0635

484.002

484.007

Clarify

PART THREE




PART FOUR


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Opticianry regularly reviews all its rules to


review having been completed on the 26th day of July 2019 with continuing board review through September 2019.

s/ John B. Girdler


John B. Girdler

09/05/2019

Date Signed

Chair of the Board of Board of Opticianry

/s Timothy Frizzell 09/05/2019


Timothy Frizzell, Esquire

Assistant Attorney General Counsel to the Board of Board of Opticianry

THE FLORIDA BOARD OF OPTOMETRY ANNUAL REGULATORY PLAN 2019-2020.



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Optometry. §120.74(1)(a), Fla. Stat. (2019).


after Oct. 1, 2018


Rule (impacted)





Register?



Rulemaking





§§456.077; 456.072; 464.018

§456.47

64B13-15.009 Yes

No

No

No

N/A

N/A

10/20/19

N/A

N/A


Part Two of this plan addresses those laws which the Board of Optometry intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).




64B13-4.004 Manner of Application; Approved Schools or Colleges

64B13-4.007 Optometric Faculty Certificate

64B13-10.001 Application for Certification

64B13-15.003 Range of Penalties for Administrative Violations

64B13-15.004 Range of Penalties for Patient Care Violations

§§456.013; 456.0635; 463.002; 463.006

§463.0057

§§463.013; 456.025; 456.0635; 463.002; 463.006

§464.079

§456.079


Update application forms


Revise disciplinary guidelines


64B13-15.005 Designation of Administrative Violations; Major; Minor

64B13-15.006 Designation of Patient Care Violations; Major; Minor

64B13-15.009 Citations

64B13-18.002 Formulary of Topical Ocular Pharmaceutical Agents

§§456.079; 465.0276

§§456.079; 465.0276

§456.077

§463.0055


Update disciplinary penalties

Add/delete violations for which citations may be issued

Add/delete topical pharmaceuticals agents





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Optometry regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 17th day of July 2019, through June 2019.

/s/ Stuart I. Kaplan, O.D. _____September 9, 2019 Electronic Signature Date Signed Stuart I. Kaplan, O.D. Chair of the Board of Optometry

/s/ Deborah Bartholow Loucks _____September 9, 2019Electronic Signature Date Signed Deborah Bartholow Loucks Senior Assistant Attorney General Counsel to the Board of Nursing

THE FLORIDA BOARD OF PHARMACY ANNUAL REGULATORY PLAN 2019-2020



PART ONE



Board of Pharmacy. §120.74(1)(a), Fla. Stat. (2019).

Law Enacted or

Modified on or

after Oct. 1, 2018

Florida Statute


Rule

(impacted)

Must

Agency

Adopt

Rules?

If Rulemaking

Necessary,

Notice of

Development

Published in

Florida

Administrative

Register?

Expected

Publication

Date for

Notice of

Proposed

Rulemaking

If Rulemaking


Ch. 2019-137,

Laws of Florida,

Effective July 1,

2019 (CS/CS/HB

23)(Use of telehealth

services)

§§456.47; 627.42396;

641.31(45), F.S.

64B16-30.001, F.A.C.

(Disciplinary Guidelines)

Not

pursuant

to this

new

statute

8/26/2019

Vol. 45/166, F.A.R.

December 2019 The statute is self-executing and does not

require any mandated rulemaking.

However, the Board will need to review

the disciplinary guidelines to ensure that

the board is incompliance with

§456.079(1), F.S. (2019).

Ch. 2019-152, §2,

Laws of Florida

Effective July 1,

2019(CS/CS/CS HB

851)(Human

Trafficking)

Created §456.0341, Fla.

Stat.

N/A No N/A N/A This provision of the statute is self-

executing and does not mandate

rulemaking. Further, a failure to comply

with Continuing Education provisions is

addressed by the Department of Health

upon attempted renewal of the license.

Ch. 2019-99, Laws

of Florida, Effective

July 1, 2019 (CS

HB 19)(Prescription

drug Importation

program)

§§ 381.02035;

465.0157; 465.017(2);

499.005(20); 499.0051(12);

499.01; 499.012;

499.015(1); 499.065;

499.0285, F.S.

64B16-33.001, F.A.C.

(International Export Pharmacy

Permit)

Maybe* 7/26/2019

Vol. 45/165, F.A.R.

Unknown at this

time due to

Implementation of

the International

Prescription Drug

Importation

program

*Implementation of the International

Export Pharmacy Permit is contingent

upon Federal Approval of the

International Prescription Drug

Importation Program established in

§499.0285, F.S. (2019). Therefore,

mandatory rulemaking is contingent on

Federal approval.

PART TWO

LAWS EXPECTED TO BE IMPLEMENTED THROUGH RULEMAKING

Part Two of this plan addresses those laws which the Board of Pharmacy intends to implement through rulemaking by July 1, 2020 that are otherwise not

covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that

was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will

necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).

Rule Number

And Title


Through Rulemaking


Chapter 64B16, F.A.C.

(Board of Pharmacy)

Multiple / Various

Chapters 456 and 465,

F.S.

Clarify, Simplify, and Increase Efficiency

by Reviewing and updating all licensure

application forms.

64B16-26.302, F.A.C.

(Subject Matter for

Consultant Pharmacist

Licensure Renewal

Continuing Education)

§465.0125, F.S. Clarify, Simplify, and Reduce Regulatory

Costs

64B16-27.1001, F.A.C.

(Practice of Pharmacy)

§§465.003; 465.014;

465.026, F.S.

Clarify and Simplify, Increase Efficiency

64B16-27.103, F.A.C.

(Oral Prescriptions and Copies) §§465.003; 465.014;

465.022; 893.07, F.S.

Clarify, Simplify, and Increase Efficiency

64B16-27.210, F.A.C.

(General Terms and

Conditions to Be

§§465.022; 465.186, F.S. Clarify and Reduce Regulatory Costs

Followed by a

Pharmacist When

Ordering and

Dispensing Approved

Medicinal Drug

Products)

64B16-27.211, F.A.C.

(Prescription Refills)

§465.022, F.S. Clarify and Increase Efficiency

64B16-27.220, F.A.C.

(Medicinal Drugs Which May

be Ordered by Pharmacists)

§465.186, F.S. Clarify and Reduce Regulatory Costs

64B16-27.4001, F.A.C.

(Delegation to and Supervision

of Pharmacy Technicians;

Responsibility of Supervising

Pharmacist)


64B16-27.410 F.A.C.

(Registered Pharmacy

Technician to

Pharmacist Ratio)


64B16-27.420 F.A.C.

(Pharmacy Technician –

Delegable and Non-Delegable

Tasks)


64B16-27.520, F.A.C.

(Positive Drug Formulary)

§465.025 Review to determine if the rule should be

Repealed.

64B16-27.530, F.A.C.

(Duty of Pharmacist to Inform

Regarding Drug Substitutions)

§465.025, F.S. Review to determine if the rule should be

Repealed

64B16-27.700, F.A.C.

(Definition of Compounding)

§§465.003; 465.0155; 465.0265, F.S. Clarify, Increase Efficiency and Review for

needed updates.

64B16-27.797, F.A.C. (The

Standards of Practice for

Compounding Sterile Products)

§§465.0155 and 465.022, F.S. Clarify, Increase Efficiency, and Review for

needed updates based on recent changes to

USP chapters that are incorporated into the

rule.

64B16-27.830, F.A.C.

(Standards of Practice – Drug

Therapy Management

§§465.003; 465.022; 465.0155, F.S. Clarify and Reduce Regulatory Costs

64B16-27.831, F.A.C.

(Standards of Practice for the

Filling of Controlled Substance

Prescriptions; Electronic

Prescribing; Mandatory

Continuing Education)

§§456.013; 456.42; 456.43; 465.0155;

465.003; 465.009; 465.016; 465.017; 465.022; 893.04, F.S.

Amend to delete unnecessary reference in

subsection (5) (Electronic Prescribing) as it is

now addressed by Ch. 2019-112, Laws of

Fla.

64B16-28.1191, F.A.C.

Unclaimed Prescriptions

§465.0255, F.S. Reduce Regulatory Costs

64B16-28.141, F.A.C.

(Requirements for use of an

Automated Pharmacy System

by a Community Pharmacy)

§§465.018; 465.022, F.S. Clarify, Increase Efficiency and Reduce

Regulatory Costs

64B16-28.10801, F.A.C.

(All Permits – Delivery of

Medicinal Drugs)

§465.022, F.S. Clarify

64B16-30.002, F.A.C.

(Minor Violations)

§456.073(3), F.S. Increase Efficiency and Reduce Regulatory

Costs

64B16-30.003, F.A.C.

(Citations)

§456.077, F.S. Increase Efficiency and Reduce Regulatory

Costs

PART THREE



There are not any updates to the prior year’s annual regulatory plan.

PART FOUR


The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Pharmacy regularly reviews all its rules to


review having been completed on the 30th day of June 2015 with continuing board review through August 2019.

/S/Jeffrey J. Mesaros Electronic Signature

Jeffrey J. Mesaros, PharmD, J.D,

September 9, 2019

Date Signed

Chair of the Board of Pharmacy

/S/ D. D. Flynn, Esquire September 9, 2019


David D. Flynn, Esquire

Senior Assistant Attorney General Counsel to the Board of Pharmacy

THE FLORIDA BOARD OF PHYSICAL THERAPY PRACTICE ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Physical Therapy Practice. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2018


Rule (impacted)









456.0341 64B17-9.001 Continuing Education

No While rulemaking is not mandatory, the Board plans to review proposed language at its November meeting to address human trafficking education to implement Section 456.0341.

2019-137 Telehealth

456.47 Use of telehealth to provide services.

New Rule No The Board has authority to adopt rules to administer this new law. The Board will discuss this new law at its November 2019 public meeting and propose rulemaking as it deems appropriate.


Part Two of this plan addresses those laws which the Board of Physical Therapy Practice intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.



64B17-3.001 Licensure 456.013, 486.031, 486.081, 486.102, 486.107

Clarification of licensure requirements and accepted documents; clarification of licensure application.

64B17-7.001 Disciplinary Guidelines 456.072, 486.125 Review and update violations and penalties.

64B17-9.001 Continuing Education 456.013(6), 486.109, 456.0341 Review and update continuing education opportunities and requirements.





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Physical Therapy Practice regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June 2015 with continuing board review through August 2019.

/S/ Kay Tasso, P.T., Ph.D., P.C.S. September 5, 2019__________ Electronic Signature Date Signed Kay Tasso, P.T., Ph.D., P.C.S. Chair of the Board of Physical Therapy Practice

/S/ Lynette Norr, Esq. September 5, 2019_________Electronic Signature Date Signed Lynette Norr Assistant Attorney General Counsel to the Board of Physical Therapy Practice

THE FLORIDA BOARD OF PODIATRIC MEDICINE ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Podiatric Medicine. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2018


Rule (impacted)









456.0341 Requirements for instruction on controlled substance prescribing.

64B18-17.001 Continuing Education Required for License Renewal.

No While rulemaking is not mandatory, the Board plans to review proposed language at its October 2019 meeting to address human trafficking education to implement Section 456.0341.

2019-137 Telehealth

456.47 Use of telehealth to provide services.

New Rule No The Board will discuss this new law at its October 2019 public meeting and propose rulemaking as it deems appropriate.

2019-112 Electronic Prescribing

456.42 Written prescriptions for medicinal drugs.

64B18-14.009(4)(f) Minor Violations; Notices of Noncompliance.

No The Board will review and discuss this change in law at its October 2019 meeting and update rule language regarding written prescriptions and electronic prescriptions as may be necessary to be consistent with 456.42 and 465.026


Part Two of this plan addresses those laws which the Board of Podiatric Medicine intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.



Rules 64B18-11.001, 16.006, 24.001 Licensure Applications or Registration Requirements for Podiatrists, Podiatric Residents, and Podiatric X-Ray Assistants

456.013, 456.0635, 461.006, 461.014, Update, simplify, and clarify applications; ensure applications are consistent with laws implemented.

64B18-13.008 Procedure for Reactivation of Inactivation of Inactive Status to Active Status.

461.007, 461.008 Clarify procedures for reactivation of license to be consistent with 461.007 requirement of active practice.

64B18-14.002 Disciplinary Guidelines

456.072, 461.012 Update to ensure all potential violations are addressed; clarify existing language.

64B18-14.009 Minor Violations; Notices of Non-Compliance

120.695 Update list of minor violations.

64B18-17.001 Continuing Education Required for License Renewal.

456.013, 456.0301, 456.033, 461.007, 461.008

Update to provide additional means of receiving continuing education credits for renewing license; update to provide information on mandatory continuing education; clarify existing language.

64B18-17.005 Continuing Education Requirements After Initial Licensure

456.013, 456.033 Update and clarify rule to be consistent with statutes implemented.

64B18-24.003 (New) Reporting Requirement for Certified Podiatric X-Ray Assistants

461.0135 Promulgate rule ensuring that x-ray assistants timely advise their supervisors of any changes to the assistant’s licensure status.





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Podiatric Medicine regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June 2019 with continuing board review through August 2019.

/S/ Joseph Sindone, D.P.M. September 9, 2019__________ Electronic Signature Date Signed Joseph Sindone, D.P.M., Chair of the Board of Podiatric Medicine

/S/ Lynette Norr, Esq. September 9, 2019_________Electronic Signature Date Signed Lynette Norr Assistant Attorney General Counsel to the Board of Podiatric Medicine

THE FLORIDA BOARD OF PSYCHOLOGY ANNUAL REGULATORY PLAN 2019-2020.



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Psychology. §120.74(1)(a), Fla. Stat. (2017).


after Oct. 1, 2016


Rule (impacted)





Register?



Rulemaking


None


Part Two of this plan addresses those laws which the Board of Psychology intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2017).




64B19-11.001(Examination) 456.017 (Examinations); 465.0635 (Health care fraud; disqualification for license, certificate, or registration); 490.005 (Licensure by examination)

Clarify application form

.

64B19-11.0035 (Licensure by Examination: Proof Satisfactory to the Board for the Purpose of Determining Eligibility for Examination

490.003 (Definitions); 490.005 (Licensure by examination)

Clarify who requirement for foreign program comparability.





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Psychology regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June 2016, through August 2019.

/S/ Andrew Rubin September 6, 2019 Electronic Signature Date Signed Dr. Andrew S. Rubin, Ph.D. Chair of the Board of Psychology

/S/ Diane Guillemette September 5, 2019Electronic Signature Date Signed Diane Guillemette Assistant Attorney General Counsel to the Board of Psychology

THE FLORIDA BOARD OF RESPIRATORY CARE ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Respiratory Care. §120.74(1)(a), Fla. Stat.


after Oct. 1, 2018


Rule (impacted)








Ch. 2019-137, Laws of Florida, Effective July 1, 2019 (HB 23) (Telehealth)

§§456.47; 627.42396; 641.31(45), F.S.

N/A No N/A N/A Section 456.47(7), F.S., grants the Board authority to create rules to administer this section. It does not require creation of rules to implement and leaves it at the discretion of the Board to determine what rules are needed to administer the section, if any.

HB851 456.0341, F.S., Requirements for Instruction on Human Trafficking

N/A No N/A N/A Statute is self-executing. By January 1, 2021, licensees must complete 1 hour of instruction on human trafficking. The requirement is time limited and upon completion not required as continuing education for license renewal.


Part Two of this plan addresses those laws which the Board of Respiratory Care intends to implement through rulemaking by July 1, 2020 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat.



64B32-2.001, F.A.C., (Licensure by Endorsement).

§§456.013; 456.072(1),(2); 456.0635; 468.358; 468.364; 468.365(1), (2), F.S.

Amendment to clarify incorporated application.

64B32-2.003, F.A.C., (Fees for Application and Initial Licensure.)

§§456.065; 468.364, F.S. Simplify, Clarify, and Increase Efficiency.





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Respiratory Care regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the 30th day of June, 2015 with continuing board review through August, 2019.

/S/__Ronald E Mitchell______________. 9/06/2019 Electronic Signature Date Signed Ronald Eric Mitchell, C.R.T. Chair of the Board of Respiratory Care

/S/ John B. Fricke, Jr._________________. 09/09/2019Electronic Signature Date Signed John B. Fricke, Jr. Assistant Attorney General Counsel to the Board of Respiratory Care

64B32-5.001, F.A.C., (Disciplinary Guidelines).

§§456.0635; 456.072; 456.079; 468.365, F.S.

Simplify, Clarify, and Increase Efficiency.

THE FLORIDA BOARD OF SPEECH LANGUAGE PATHOLOGY AND AUDIOLOGY

ANNUAL REGULATORY PLAN 2019-20



Part One of the Plan addresses each law enacted or amended during the 2019 Legislative Session which creates or modifies the duties or authority of the Board of Speech Language Pathology and Audiology. §120.74(1)(a), Fla. Stat. (2019).


after Oct. 1, 2017


Rule (impacted)





Register?



Rulemaking




64B20-4.003, F.A.C. (On-the-Job Training, Role and Observation of Speech-Language Pathology and Audiology Assistants)

64B20-4.004, F.A.C. (Supervision of Speech-

No. N/A N/A The statute is self-executing and does not require any mandated rulemaking per se; however, the Board will review its disciplinary guidelines and rules related to direct supervision for applicability.

Language Pathology Assistants and Audiology Assistants)



Part Two of this plan addresses those laws which the Board of Speech Language Pathology and Audiology intends to implement through rulemaking by July 1, 2019 that are otherwise not covered pursuant to Part One of this Plan. This Part does not include emergency rulemaking or any other rulemaking that may become necessary that was not evident to the Board at the time of the submission of this plan. Additionally, the listing of a law to be implemented does not mean the rule will necessarily be adopted or effective by July 1, 2020. §120.74(1)(b), Fla. Stat. (2019).




64B20-2.001, F.A.C. (Licensure by Certification of Credentials)

§456.013, F.S., (Department; generallicensing provisions) §456.0635(2), F.S.,(Health care fraud; disqualification for license, certificate, or registration) §468.1145(2), F.S., (Fees; establishment;disposition) §468.1185, F.S., (Licensure)

Update; Clarify, Streamline Application

64B20-2.003, F.A.C. (Provisional License; Requirement)

§456.013, F.S., (Department; generallicensing provisions) §456.0635(2), F.S., (Health care fraud;disqualification for license, certificate, or registration) §468.1145(2), (5), F.S., (Fees;establishment; disposition) §468.1155(4), F.S., (Provisional license;requirements)

Update, Clarify, Streamline Application

64B20-4.001, F.A.C. (Certification of Assistants)

§456.013, F.S., (Department; generallicensing provisions) §456.0635, F.S., (Health care fraud;disqualification for license, certificate, or registration) §468.1125(3), (9), F.S., (Definitions)§468.1215, F.S., (Speech-languagepathology assistant and audiology assistant; certification)

Update, Clarify, Streamline Application

64B20-4.003, F.A.C. (On-the-Job Training, Role and Observation of Speech-Language Pathology and Audiology Assistants)

§468.1125(3), (4), F.S., (Definitions)§468.1215, F.S., (Speech-languagepathology assistant and audiology assistant; certification)

Update

64B20-4.004, F.A.C. (Supervision of Speech-Language Pathology Assistants and Audiology Assistants)

§468.1125(3), (4), (9), F.S., (Definitions) Update


§456.063, F.S., (Department; generallicensing provisions) §456.072, F.S., (Grounds for discipline;penalties; enforcement); §456.073, F.S., (Disciplinaryproceedings); §456.079, F.S., (Disciplinary guidelines);§468.1295, F.S., (DisciplinaryProceedings)

Clarify Disciplinary Guidelines





The undersigned hereby certify that they have reviewed this Annual Regulatory Plan and that the Board of Speech Language Pathology and Audiology regularly reviews all of its rules to determine if the rules remain consistent with the Board’s rulemaking authority and the laws being implemented, with the most comprehensive enhanced review having been completed on the __1st___ day of ___August__________, 2018 with continuing board review through August, 2019.

/S/ Peter Johnson __9/5/2019____________________________ Electronic Signature Date Signed Peter Johnson, Ph.D., Chair Board of Speech-Language Pathology and Audiology

/S/ Rachelle Munson __9/5/2019___________________________Electronic Signature Date Signed Rachelle Munson Assistant Attorney General Counsel to the Board of Speech Language Pathology and Audiology

THE FLORIDA BOARD OF MEDICINE · 2020-03-10 · THE FLORIDA BOARD OF MEDICINE ANNUAL REGULATORY...

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