| Rule Number: |
23P039 |
| Title: |
Rules of the Board of Medical Practice. |
|
Type:
|
Standard |
|
Status:
|
Adopted |
| Agency: |
Department of Health, Agency of Human Services
|
| Legal Authority: |
26 V.S.A. § 1351(e), 3 V.S.A. § 831(d), 26 V.S.A. § 1377(a), 26 V.S.A. § 3061, 26 V.S.A. § 1391(c), Act 38 (2023), and 3 V.S.A. § 801(b)(11). |
| Summary:
| The proposed rulemaking primarily responds to statutory changes, but also reflect revisions to Board policy. 1) 26 V.S.A. § 3061 creates two new forms of health care credentials, telehealth license and telehealth registration. This rulemaking implements these new credentials. 2) The public health emergency disrupted access to the testing required to become a Vermont physician. Delayed access caused some applicants to exceed established time limitations. This rulemaking extends the time limit for applicants affected by the disruption. 3) Act 38 (2023) revised supervision and practice location requirements for radiologist assistants (RAs). This rulemaking aligns the rule with statutory changes. 4) 26 V.S.A. § 1377 authorizes the Board, through rulemaking, to offer licensees a non-disciplinary financial penalty option for a violation of purely an administrative nature (e.g., failure to maintain a current address with the Board). 5) Modifies the rule for clarity and consistency with Board practices. |
| Persons Affected:
| Physicians, physician assistants, podiatrists, anesthesiology assistants, and radiology assistants, the Board of Medical Practice, Vermont hospitals, practices, and patients. |
| Economic Impact:
| The Board can elect to offer a licensee the option to pay a nondisciplinary penalty in lieu of being investigated. Licensees who elect to pay the nondisciplinary financial penalty avoid the costs of being investigated, avoid the risk of a larger financial penalty, and the additional potential sanctions that could result from an investigation process.
This rulemaking operationalizes two new forms of professional credentials created by statute, telehealth license and telehealth registration. Telehealth licenses are limited to 20 patients and have a fee of 75 percent of the full license fee. Telehealth registration lasts only 120 days, and is limited to 10 unique patients. The fee for a telehealth registration is one half the full license fee. An economic benefit is anticipated for the health care system and for patients from the implementation of the telehealth credentialing. |
| Posting date: |
Oct 25,2023 |
