June 23, 2023
Florida Legislative Session Outcomes
• Physician Medicaid to Medicare Rate Increase for Pediatric Services - $76 Million
• Slots for Doctors - Graduate Medical Education - $30 Million
• Medical Student Loan Forgiveness - FRAME Program $16 Million for Fiscal Year 2023-2024
• FRAME - $10 Million Additional Funds for Fiscal Year 2022-2023
• Stop the Bleed - $1.25 Million

• Autonomous Practice by an Advanced Practice Registered Nurse (HB 1067 by Rep. Giallombardo and SB 1058 by Rep. Rodriguez)
• Physician Assistants’ Prescriptive Authority (HB 481 by Rep. Melo)
• Foreign-licensed Physicians (SB 956 by Sen. Rodriguez and HB 1145 by Rep. Snyder)
• Interstate-Mobility and Universal-Recognition Occupational Licensing Act (SB 1364 by Sen. Collins and HB 1333 by Rep. Koster)

• Health Care Practitioner Titles and Designations (SB 230 by Sen. Harrell and HB 583 by Rep. Massullo)
• Telehealth - Audio-only (HB 267 by Rep. Fabricio and SB 298 by Sen. Boyd)
• Health Care Provider Accountability - Office Surgery and Brazilian Butt Lifts (HB 1471 by Rep. Busatta-Cabrera and SB 1596 by Sen. Garcia)
• Referral of Patients of Health Care Providers (SB 768 by Sen. Martin and HB 601 by Rep. Steele)
• Protections of Medical Conscience and Free Speech (SB 1580 by Sen. Trumbull and HB 1403 by Rep. Rudman)
• Assault or Battery on Hospital Personnel (HB 825 by Rep. Berfield and SB 568 by Sen. Rodriguez)
• Abortion (SB 300 by Sen. Persons-Mulicka and HB 7 by Rep. Grall)
• Pharmacy Benefit Manager Reform Bill (SB 1550 by Sen. Brodeur and HB 1509 by Rep. Chaney)
• Civil Remedies - Tort Package (HB 837 by Rep. Fabricio and SB 236 by Sen. Hutson)
• Telehealth Physician Certifications for the Medical Use of Marijuana (HB 387 by Rep. Roach and SB 344 by Sen. Brodeur)
• Protection from Discrimination Based on Health Care Choices (SB 252 by Sen. Burton and HB 1013 by Rep. Griffits)
• Controlled Substance Testing - Fentanyl Test Strips (SB 164 by Sen. Polsky and HB 165 by Rep. Hunschofsky)
• Treatments for Sex Reassignment (SB 254 by Sen. Yarborough and HB 1421 by Rep. Fine)

Reprinted from the 2023 FMA Legislative Report
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For more information on VitalMD, click here.
CMS Family Fun Night - CANCELED
Unfortunately, due to low registration by CMS families, we have canceled the event to avoid CMS incurring non-refundable venue fees by confirmation deadlines. We hope you have a great summer and look forward to seeing you at a future event.
Physicians Report DEA Scam
Several local physicians in Duval County have reported receiving a scam call from someone claiming to be from the Drug Enforcement Administration (DEA) and saying their license was associated with a drug bust. Evidently, they are trying to get license or financial information from the physicians. Please be aware DEA personnel will never contact members of the public or medical practitioners to demand money or any other form of payment, will never request personal or sensitive information, and will only notify people of a legitimate investigation or legal action in person or by official letter.

The DEA shared this alert about the fraud scheme attempt. If you receive a call from a person claiming to be with DEA, you should report the incident to the FBI at www.ic3.gov.
KidCare Expansion Signed: Helps Ensure Florida Families 'Can Economically Prosper'
The law expands subsidized insurance coverage for families of four with incomes up to 300 percent of the federal poverty level, or about $90,000 annually.

Source: Health News Florida
Federal Judge Strikes Down Florida's Ban on Medicaid Funding for Transgender Treatment
The latest ruling involved a lawsuit filed last year on behalf of two adults and two minors. An estimated 9,000 transgender people in Florida use Medicaid to fund their treatments.

Source: Health News Florida
Chronic Wasting Disease in Deer Prompts an FWC Emergency Order in North Florida
Wildlife officials say there is no evidence that chronic wasting disease can be transmitted to humans or livestock, but federal health officials do not recommend eating meat from any sick animal.

Source: Health News Florida
A Second Case of Malaria in a Month Has Been Confirmed in the Sarasota-Manatee Area
Both cases were a type of malaria known as P. vivax, which is not as fatal as others. The latest discovery triggered a mosquito-borne illness alert for both counties.

Source: Health News Florida
3M Reaches $10.3B Settlement Over Contamination of Water Systems with 'Forever Chemicals'
3M is a leading maker of PFAS chemicals used widely in firefighting foams and many nonstick and grease-resistant consumer products. They're described as “forever chemicals” because they don’t degrade naturally in the environment.

Source: Health News Florida
Cracking the Code of Physician Contracts: Mastering Letters of Intent [PODCAST]
Join us for an insightful podcast episode featuring Dennis Hursh, a veteran attorney with over 40 years of experience in health law. Discover the importance of letters of intent in physician contracts, their purpose, and the legal implications involved. Gain valuable advice on negotiating agreements and when to involve an attorney. Don’t miss this essential episode for physicians navigating employment contracts.

Source: KevinMD
New Mandated Training for DEA-Authorized Prescribers
To recap, the Consolidated Appropriations Act of 2023 enacted a new, one-time requirement for all U.S. Drug Enforcement Administration (DEA)-registered practitioners to complete eight hours of training on the treatment and management of patients with opioid or other substance use disorders. Beginning June 27, physicians will be required to check a box on their online DEA registration form — regardless of whether they are completing their initial registration application or renewing their registration — affirming that they have completed the new training requirement.
A course that meets this requirement is now available in the FMA’s online CME catalog (https://flmedical.inreachce.com/Details/Information/1078c14c-0830-4d57-a906-4f7646f3cdae). FMA members receive a $100 discount on this eight-hour course, which features nine recorded modules related to treating and managing patients with opioid or other substance abuse disorders. The course is $200 for FMA members and $300 for non-FMA Members.
Upon completion of the course, learners will be able to print a certificate that verifies fulfillment of the new training requirement. You may search the FMA online CME catalog that includes the DEA Training Course at https://flmedical.inreachce.com/.
Free 1-Hour CME Webinar on July 13: Learn the Health Risks of Gas Stoves - My Green Doctor
Gas stoves are a health risk. This is true especially for children and the elderly. People who live in homes with gas stoves have more asthma, lung disease, and cardiovascular disease. This month, the Society’s My Green Doctor provides a free 1-hour CME webinar (https://psr.org/my-green-doctor-gas-stove-webinar/?utm_source=cms&utm_medium=societyenews&utm_campaign=stovescme) that is being offered at three different times on Thursday, July 13. There is also a short article (visit https://mygreendoctor.org/learn-the-health-risks-of-gas-stoves/) on this vital topic (reading time: 5 mins).
DEA Extends Telehealth Flexibilities Until November 11, 2023
The ability to prescribe controlled substances based on telehealth patient visits was set to expire when the COVID-19 Public Health Emergency ends on Thursday, May 11th. The U.S. Drug Enforcement Administration (DEA) initially issued two proposed rules establishing new policies for controlled substance prescriptions based on telehealth visits, one for buprenorphine and one for other controlled substances. After receiving more than 38,000 comment letters, however, the DEA has decided to extend [federalregister.gov] the same policies that have been in place during COVID for an additional 6 months, until November 11, 2023.

2023 FMA Annual Meeting
When: 7/28/2023 - 7/30/2023
Where: Orlando, FL

DEA-Registered Practitioners' Training Requirement
On December 29, 2022, the Consolidated Appropriations Act of 2023 enacted a new one-time, eight-hour training requirement for all Drug Enforcement Administration (DEA)-registered practitioners on the treatment and management of patients with opioid or other substance use disorders. Below is information on this new requirement.
Who is responsible for satisfying this new training requirement?
• All DEA-registered practitioners, with the exception of practitioners that are solely veterinarians.
How will practitioners be asked to report satisfying this new training requirement?
• Beginning on June 27, 2023, practitioners will be required to check a box on their online DEA registration form—regardless of whether a registrant is completing their initial registration application or renewing their registration—affirming that they have completed the new training requirement.
What is the deadline for satisfying this new training requirement?

·    The deadline for satisfying this new training requirement is the date of a practitioner’s next scheduled DEA registration submission—regardless of whether it is an initial registration or a renewal registration—on or after June 27, 2023.
·    This one-time training requirement affirmation will not be a part of future registration renewals.
·    How can practitioners satisfy this new training requirement?
·    There are multiple ways that practitioners can satisfy this new training requirement.
• First, the following groups of practitioners are deemed to have satisfied this training:
1.Group 1: All practitioners that are board certified in addiction medicine or addiction psychiatry from the American Board of Medical Specialties, the American Board of Addiction Medicine, or the American Osteopathic Association.
2.Group 2: All practitioners that graduated in good standing from a medical (allopathic or osteopathic), dental, physician assistant, or advanced practice nursing school in the United States within five years of June 27, 2023, and successfully completed a comprehensive curriculum that included at least eight hours of training on:
·    Treating and managing patients with opioid or other substance use disorders, including the appropriate clinical use of all drugs approved by the Food and Drug Administration for the treatment of a substance use disorder; or
·    Safe pharmacological management of dental pain and screening, brief intervention, and referral for appropriate treatment of patients with or at risk of developing opioid and other substance use disorders.
• Second, practitioners can satisfy this training by engaging in a total of eight hours of training on treatment and management of patients with opioid or other substance use disorders from the groups listed below. A few key points related to this training:
1.The training does not have to occur in one session. It can be cumulative across multiple sessions that equal eight hours of training.
2.Past trainings on the treatment and management of patients with opioid or other substance use disorders can count towards a practitioner meeting this requirement. In other words, if you received a relevant training from one of the groups listed below— prior to the enactment of this new training obligation on December 29, 2022—that training counts towards the eight-hour requirement.
3.Past DATA-Waived trainings count towards a DEA registrant’s 8-hour training requirement.
4.Trainings can occur in a variety of formats, including classroom settings, seminars at professional society meetings, or virtual offerings.
What accredited groups may provide trainings that meet this new requirement?
·    The American Society of Addiction Medicine (ASAM)
·    The American Academy of Addiction Psychiatry (AAAP)
·    American Medical Association (AMA)
·    The American Osteopathic Association (AOA), or any organizations accredited by the AOA
·    to provide continuing medical education
·    The American Dental Association (ADA)
·    The American Association of Oral and Maxillofacial Surgeons (AAOMS)
·    The American Psychiatric Association (APA)
·    The American Association of Nurse Practitioners (AANP)
·    The American Academy of Physician Associates (AAPA)
·    The American Nurses Credentialing Center (ANCC)
·    Any other organization accredited by the Accreditation Council for Continuing Medical
·    Education (AACCME) or the Commission for Continuing Education Provider Recognition (CCEPR), whether directly or through an organization accredited by a State medical society that is recognized by the ACCME or CCEPR
·    Any other organization approved or accredited by the Assistant Secretary for Mental Health and Substance Use, the ACCME, or the CCEPR
We hope this information is helpful. For information regarding the DEA Diversion Control Division, please visit www.DEAdiversion.usdoj.gov. If you have any additional questions on this issue, please contact the Diversion Control Division Policy Section at (571) 362-3260.

Thomas W. Prevoznik
Acting Assistant Administrator Diversion Control Division

Source: U.S Department of Justice Drug Enforcement Administration (DEA)
About Exception Applications PY 2023
There are 2 exception applications available to clinicians:

Source: U.S Centers for Medicare & Medicaid Services
CMS Foundation Physician Wellness Program is Here for Physicians and TMH Residents
Overloaded? Stressed? You're Not Alone.

Does your workday start before dawn and end well after dusk? Do you go to bed tired and wake up the same way? Maybe it’s time you talk to someone who can help you make positive changes for a healthier, happier life and lifestyle. The CMS has six professional counselors who are available to you - free of charge - free of worry. This program remains one of the few in the state that serves all local practicing physicians and TMH Residents, without cost, without question. Six sessions annually are completely confidential and autonomous. 
Paul Deitchman, Ph.D.
313 Williams St., #5
Tallahassee, FL 32303
Tracey Morse, Ph.D.
1114 E. Tennessee St.
Tallahassee, FL 32308
Stephen Wright, Ph.D.
313 Williams St., #7
Tallahassee, FL 32303
Family, Marriage, and Trauma
Kenneth Fowler, Ph.D., LMHC & Certified Traumatologist
1028 E. Park Ave.
Tallahassee, FL 32301
Dr. Fowler is a licensed mental health counselor (LMHC) and an Approved Supervisor for mental health counselors, marriage and family therapists and social workers. As a result of his expertise in psychological trauma, Dr. Fowler was called to respond in New York City following the 9/11 attacks. As a leader in his field, he was able to help with this national tragedy. His work with natural disasters led to him being called to assist with the Hurricane Katrina disaster by debriefing first responders who were exposed to the aftermath of the trauma. Currently, he consults with the Southcom Command of the United States Armed Forces to help returning soldiers and their families deal with the effects of war as well as post-traumatic stress disorder. 
Family and Marriage
Jane Marks, LFMT, LMHC
3325-C Thomasville Road
Tallahassee, FL 32308

For five decades, Jane Marks has helped countless families navigate the challenges in life. As a Licensed Family & Marriage Therapist, she will bring a thoughtful approach to wellness for those seeking individual, family or marriage coaching through the CMS Foundation’s Physician Wellness Program.
Grief, Loss, and Trauma
Brenda Rabalais, Ph.D.
216 Lake Ella Drive
Tallahassee, FL  32303

Brenda Rabalais, Ph.D., specializes in providing counseling services to those who are struggling with a loss or a trauma. Examples include; divorce, abandonment (foster care, adoption, service families), abuse, suicide, homicide, crime, loss of functionality, loss of home or job, long-term illnesses, other life transitions, as well as death. Brenda founded Lee's Place, a grief, loss and trauma counseling center, in 2000 and has been a practicing therapist as well as the Executive Director for those 21 years.
Special thanks to the MagMutual Foundation and the TMH Medical Staff for helping the CMS fund this program.
African-American Alzheimer's Caregivers Training and Support (ACTS 2) Project
Informational Correspondence with the Capital Medical Society
In this digital era, we strive to keep you updated with the latest in information. Please let us know when your emails and contact information change. We want you to be part of this Society and be active in your practice networking. Patients seeking provider referrals and providers seeking provider referrals keep your practice flourishing. If your membership information is old and you would like to contact us about relocating, new staff changes, or if you haven’t heard from us in a while, your information may not be current. Your personal contact information is kept confidential but is our way of reaching out to you about meetings, medical updates, license requirements, legalities in medicine and patient privacy and care, Journals, newsletters and more.
Pam Irwin, Executive Director, 850-559-8611, [email protected]
Are You One of our Members on the Move?
If you can answer "yes" to any of these questions, we want to know more!
·    Is your practice expanding? Are you adding staff members?
·    Do you have a new practice administrator/office manager?
·    Have you changed or added locations?
·    Have you changed your email/phone/fax?
·    Have you added a new specialty or passed your Board Certification(s)?
·    Have you retired within the last six months?
Send your updates to [email protected].
Subject line: Member Updates
Updated Physician Headshots
The CMS website is your link to our physician member database. The CMS has been actively working on each provider search. Please take the time to search the listing. If you find there is any inaccurate information or an outdated headshot, please reach out to CMS to update your information. Let us know as soon as possible to make sure your information is current.
CMS | (850) 877-9018 | [email protected]
Electronic Version of June 2023 Cap Scan
Click here to view the June 2023 Cap Scan.
Free Monthly Webinars: "The Business Side of Medicine"
Each webinar is on the third Tuesday of every month at 6:30 PM.

For more information and to register, click here.

Source: MIRZA, Healthcare Law Partners
Medicare Revalidations
Medicare Revalidations are back in full force after a brief pause during the height of the COVID-19 Pandemic. All healthcare providers and suppliers are required to revalidate their Medicare enrollment every 3-5 years per CMS’ request. Medicare has implemented new revalidation screening criteria that you will need to be aware of. Missing this important deadline will have significant financial consequences on your medical practice! This link is to a tool to a searchable database that allows you to look up the revalidation due date for Medicare providers who must revalidate their enrollment record information every three or five years.

Your Dose of Medical Humor
Save the Date for Upcoming CMS Meetings/Events
Here's Another Connection for CMS Members: Healthcare Lawyer On Call
The CMS has had a long-standing relationship with Jeff Cohen and The Florida Healthcare Law Firm. Did you know that you can tap into a program called Healthcare Lawyer On Call through Jeff and his firm? That's right! On-Call is different than what you may be used to and doesn't mean that you'll find an attorney at 3 AM to answer a question, but what it does mean is that you can call and speak with someone at The Florida Healthcare Law Firm for 15 minutes at no charge! Please remember that any purely verbal discussion on legal matters is simply the lawyer’s best (and unconfirmed) understanding. Another benefit of being a CMS member!
CME Resources
Easy to use web portal makes it easy to find courses and track credits. Accredited activities for over 30 medical specialties; Over 100 active courses at any given time; Activity accreditations include ACCME, ANCC, AANP, ACPE, and more; Content is always current, and always free.

Free 1-hour online CME opportunity!
University of Florida's Department of Epidemiology
Raising awareness for Alzheimer's disease and increasing screening for cognitive impairment. This CME has a focus on primary care physicians but is applicable to all physicians who may encounter patients with cognitive impairments.

On-Demand CME by The Doctors Company
Diagnostic error continues to be a top patient safety concern, a global burden, and cause patient harm from treatment delay, testing, or misdiagnosis. “Prevention of Diagnostic Error in Primary Care” is an on-demand CME activity that features patient safety expert Jeffrey A. Gold, MD, professor of medicine, vice chair for quality and safety, for the department of medicine at the Oregon Health and Science University. This program highlights major contributing factors of diagnostic error along with the diagnostic process of care framework with additional focus on strategies to mitigate risk of patient harm in the primary care setting.

On-Demand CME by The Doctors Company
1.25 AMA PRA Category 1 Credits™
Explore the challenges and risks associated with telehealth. Concerns regarding privacy, security, licensure, and technology that might instigate a malpractice claim are discussed.

On-Demand CME by The Doctors Company
2.5 AMA PRA Category 1 Credits or 2.5 ADA CE Credits
Opioids play an important role in pain management—both in acute and chronic care settings—but overuse, misuse, and diversion have contributed to an opioid-related epidemic leading to addiction and death. Our on-demand program provides a useful and informative examination of the epidemic’s prevalence and effects.
National Human Trafficking Hotline
If you suspect human trafficking, please call:
National Human Trafficking Hotline
1 (888) 373-7888
Suicide Prevention Hotline
Reach the National Suicide Prevention Lifeline and Veterans Crisis Line by Phone and Text

By Phone:
Call 1-800-273-8255 to reach the National Suicide Prevention Lifeline today. 988 is not a nationwide calling code right now.
Veterans should Press 1 to be connected with the Veterans Crisis Line.

By Text:
The National Suicide Prevention Lifeline is also available today through online chats. 988 is not a nationwide texting code right now.
Service members, Veterans, and their families can reach the Veterans Crisis Line by texting 838255, and through online chats at veteranscrisisline.net.

Source: Federal Communications Commission
Florida E-Prescribing
Electronic Prescribing Requirements (Florida Board of Medicine)
House Bill 831 (2019), Electronic Prescribing, was signed into law by Governor DeSantis. The effective date is January 1, 2020. The bill provides important new requirements for prescribers to generate and transmit all prescriptions electronically upon licensure renewal or by July 1, 2021, whichever is earlier.

Florida ePrescribing Clearinghouse (Agency for Healthcare Administration)
The purpose of the Florida ePrescribing Clearinghouse is to provide information that contributes to the promotion and implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions. This Clearinghouse contains information on the advantages, processes, products, rules, and laws of ePrescribing as well as Florida ePrescribing reports.
PAP Machine Donations Needed!
A PAP (Positive Airway Pressure) machine is an electronic respiratory ventilation device used to treat obstructive sleep apnea. Capital Medical Society Foundation, Inc.'s We Care Network program assists low-income, uninsured adults, whose income is at or below 150% of the Federal Poverty Level, with obtaining these potentially life-saving medical devices, when prescribed by a pulmonologist. Thanks to our partners at Desloge Home Oxygen and Medical Equipment, Inc., we are able to provide refurbished CPAP, AutoPAP, and BPAP machines for eligible We Care Network patients in Leon, Gadsden, Jefferson, and Wakulla Counties. We Care Network also accepts unused, unopened supplies for PAP machines, such as masks, nasal cannulas, and tubing. We Care Network coordinates over $5,000,000 in donated specialty medical and dental care annually.
Machine donations can be dropped off at Capital Medical Society Foundation's office at 1204 Miccosukee Road, Tallahassee, FL 32308. Donations to Capital Medical Society Foundation are tax-deductible within IRS guidelines Federal Tax I.D. #: 59-2104510. For additional information, please call 850-942-5215 or email [email protected].
Check Out the Latest CMS Member Benefits