Fla. Admin. Code Ann. R. 64B8-2.001 - Definitions
(1) Levels of Supervision:
(a) "Direct supervision" shall require the
physical presence of the supervising licensee on the premises so that the
supervising licensee is reasonably available as needed. When this term is used
in probationary terms of a Final Order, it requires that the licensee practice
medicine only if the approved supervisor is on the premises.
(b) "Indirect supervision" shall require only
that the supervising licensee practice at a location which is within close
physical proximity of the practice location of the supervised licensee and that
the supervising licensee must be readily available for consultation as needed.
"Close physical proximity" shall be within 20 miles or 30 minutes unless
otherwise authorized by the Board.
(c) "Immediate Supervision" shall require
physical presence of the supervising licensee in the same room as the
supervised licensee. When this term is used in probationary terms of a Final
Order, it requires that the licensee perform certain procedures only if the
approved supervisor is in the same room as the supervised licensee.
(d) Unless otherwise provided by law or rule,
the above definitions will apply to all supervised
licensees.
(2) The phrase
"military service of the United States" as used in section
458.313(3),
F.S., shall mean the following:
Serving as a commissioned medical officer in the Army, Navy, Marines, Air Force, Coast Guard, or U.S. Public Health Service.
(3) The "areas of
critical needs," "areas of critical medical need," and "medically underserved
areas" as used in sections
458.315(1) and
458.317(1)(d),
F.S., respectively, shall include but not be limited to the following:
(a) Areas designated by the Department of
Health and Human Services as health manpower shortage areas;
(b) State mental institutions;
(c) State institutions for the mentally
retarded, or
(d) State
prison.
(4) The term
"accredited medical school," as utilized in section
458.303(1)(i),
F.S., in setting forth the requirement of graduation from an accredited medical
school by applicants for medical faculty certificate, shall mean those medical
schools and colleges which are recognized and approved by an accrediting agency
recognized by the United States Office of Education and those foreign medical
schools which are listed by the World Health Organization.
(5) The term "consultation," as used in
section 458.303(1)(b),
F.S., encompasses the actions of a physician lawfully licensed in another
state, territory or foreign country. Such physician is permitted to examine the
patient, take a history and physical, review laboratory tests and x-rays, and
make recommendations to a physician duly licensed in this state with regard to
diagnosis and treatment of the patient. However the term "consultation" does
not include such physician's performance of any medical procedure on or the
rendering of treatment to the patient.
(6) The phrase "approved postgraduate
training program," as used in section 766.314(4)(b)4., F.S., shall mean that
the program must be an approved residency as set forth in chapter 64B8-4,
F.A.C.
(7) For purposes of
interpreting and applying section
458.331(1)(u),
F.S., the term "experimentation" does not include:
(a) The use of two or more therapies each of
which is within the standard of care for each patient's condition even if the
determination of which therapy to use on a particular patient is based in part
on the intent of the physician to capture research data for purposes of
evaluating the efficacy of the competing therapies;
(b) Treatment that is the subject of U.S.
Food and Drug Administration approved and IRB supervised research activities
involving human subjects who are in need of emergency medical intervention but
who cannot give full, informed, and written consent because of their life
threatening medical condition and who do not have a legally authorized person
present to consent for them;
1. A patient
treated pursuant to this subparagraph may not be held financially responsible
for such treatment,
2. There may
be no financial incentives to the physician or the facility based upon the
number of patients receiving treatment pursuant to this subparagraph,
3. Any treatment pursuant to this
subparagraph must be directly related to the patient's life threatening
condition and administered under the direction of a Florida licensed physician,
4. In no case may treatment
pursuant to this subparagraph be administered when doing so would circumvent
any known advance directive, living will or DNR order.
(c) Nothing herein shall be interpreted to
allow, without full, informed, and written patient consent the use by a
licensee, in any situation other than a medical emergency, of any device or
substance, if the substance or device has not been approved for such use by the
U.S. Food and Drug Administration.
(8) Successful completion of the Special
Purpose Examination of the Federation of State Medical Boards of the United
States (SPEX) is defined as obtaining a score of no less than 75 on that
examination.
(9) The term "record"
as it appears in section
456.50(2),
F.S., shall include a certified copy of the official transcript of the civil or
administrative proceeding resulting in a finding of medical malpractice,
excluding the jury selection transcript, all evidence admitted or copies
thereof if the original is not available, those matters officially recognized
by the civil or administrative tribunal, and the final order or judgment
reported or issued by the tribunal.
Notes
Rulemaking Authority 456.072(2)(f), (g), 456.50(2), 458.303(1)(b), (i), 458.309, 458.311, 458.313(3), 458.315(1), 458.317(1)(c), (g), 458.319(1), 458.331(1)(w), 766.314(4) FS. Law Implemented 456.072(2)(g), 456.50(2), 458.303, 458.311, 458.313, 458.315(1), 458.317(1)(c), 458.331(1)(u), 458.3485, 766.314(4) FS.
New 11-10-82, Amended 12-4-85, Formerly 21M-29.01, Amended 12-4-86, 11-15-88, 3-13-89, 1-1-92, 9-24-92, 2-21-93, Formerly 21M-29.001, Amended 4-14-94, Formerly 61F6-29.001, 59R-2.001, Amended 4-7-99, 10-2-01, 11-10-02, 1-30-07, 3-18-13, 11-11-15, 5-7-18.
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