Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Medicine
RULE NO: RULE TITLE
64B8-9.015: Qualifications of Physicians Who Evaluate and Treat Sex Offenders
PURPOSE AND EFFECT: The proposed rule is intended to set forth the criteria of physicians who evaluate and treat sexual offenders.
SUMMARY: The proposed rule sets forth the criteria and training for those physicians who evaluated and treat sexual offenders.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 947.005(9) FS.
LAW IMPLEMENTED: 947.005 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Larry McPherson, Executive Director, Board of Medicine/MQA, 4052 Bald Cypress Way, Bin # C03, Tallahassee, Florida 32399-3253

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-9.015 Qualifications of Physicians Who Evaluate and Treat Sex Offenders.

Physicians who evaluate and treat sexual offenders shall, at a minimum:

(1) Hold an active license under Chapter 458, F.S., and board-certification or be board-eligible in psychiatry.

(2) Possess 55 hours of education from an accredited medical training program or AMA, AOA, or ACGME programs, within five (5) years prior to approval as a qualified treatment provider. Said education shall include the following subject matter:

(a) Etiology of sexual deviance;

(b) Evaluation/risk assessment and treatment of adult and adolescent sexual offenders that have established scientific basis;

(c) Evaluation/risk assessment and treatment of specialized populations of sexual offenders (i.e., female and developmentally delayed);

(d) Sex offenders and relevant DSM-IV diagnosis;

(e) Safety planning/family safety planning;

(f) Report writing;

(g) Legal and ethical issues in the evaluation and treatment of sexual offenders;

(h) Evaluation and treatment of victims of sexual assault;

(i) Collateral sources;

(j) Co-morbidity and substance abuse issues;

(k) Relapse prevention;

(l) Education in victim empathy.

(3) Possess 500 hours of experience in the evaluation and treatment of sexual offenders.

(4) Psychiatrists who have completed accredited medical training or AMA, AOA, or ACGME programs more than five years before the effective date of this rule, and at least 10% of their active practice for at least 2 of the previous 5 years was dedicated to the treatment and evaluation of sexual offenders, shall not be required to comply with the requirements of subsections (2) or (3) of this rule in order to qualify as physicians who evaluate and treat sex offenders under this rule. This subsection of the rule shall expire on December 31, 2008.

(5) In addition, qualified practitioners must complete 20 hours of biennial continuing education in the assessment, evaluation, and treatment of sexual offenders, relapse prevention, experience and training with victims, and related legal and ethical issues.

Specific Authority 947.005(9) FS. Law Implemented 947.005 FS. History–New ________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Rules Committee, Board of Medicine
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/2/2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 4, 2005