Notice of Development of Rulemaking

DEPARTMENT OF HEALTH
Board of Osteopathic Medicine
RULE NO: RULE TITLE
64B15-14.011: Requirements To Be a Qualified Practitioner For Completing Risk Assessments and Treatment of Sexual Offenders
PURPOSE AND EFFECT: The Board proposes the development of rules to address the coursework, training, qualifications and experience of physicians to evaluate and treat sex offenders.
SUBJECT AREA TO BE ADDRESSED: The coursework, training, qualifications and experience of physicians to evaluate and treat sex offenders.
SPECIFIC AUTHORITY: 459.005, 947.005(9), 948.001(6) FS.
LAW IMPLEMENTED: 947.005(9), 948.001(6) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela King, Executive Director, Board of Osteopathic Medicine/MQA, 4052 Bald Cypress Way, Bin #C06, Tallahassee, Florida 32399-3256

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

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

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

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

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

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

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

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