The Joint Administrative Procedures Committee (“Committee”) is required to review administrative rules and advise agencies concerned of its findings. This charge applies to existing as well as proposed rules. The Committee notified the Bureau of ...

 

DEPARTMENT OF HEALTH
Division of Environmental Health

RULE NO: RULE TITLE
64E-2.001: Definitions
64E-2.032: Certificate of Public Convenience and Necessity
PURPOSE AND EFFECT: The Joint Administrative Procedures Committee (“Committee”) is required to review administrative rules and advise agencies concerned of its findings. This charge applies to existing as well as proposed rules. The Committee notified the Bureau of Emergency Medical Services that the law implemented for Rule 64E-2.032, F.A.C. appeared to contravene the law implemented, 401.27, Fl. Stat., in certain parts. These definitions of “operate” and “transfer or transport” respond to their concerns.

SUMMARY: This rule revision deletes Rule 64E-2.032, F.A.C. and rewrites the definition of “operate” and adds a definition of the phrase “transfer or transport” to implement statutory requirements regarding Certificates of Public Convenience and Necessity in a manner consistent with Section 401.25(2)(d), F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: 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: 401.35 FS.
LAW IMPLEMENTED: 401.23, 401.25, 401.251, 401.252, 401.33, 401.35, 401.411, 401.414, 401.421 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Friday, January 26, 2007, 1:30 p.m. – 2:00 p.m. (additional time will be added if necessary; not to exceed 4:30 p.m.)

PLACE: Prime F. Osborn III Convention Center, 1000 Water Street, Jacksonville, FL 32202. Please visit the EMS information table for the room number

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Alexander Macy, Bureau of Emergency Medical Services, [phone] ext. 2735 or alexander_macy@doh. state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lisa M. Walker, Government Analyst, Bureau of Emergency Medical Services, Department of Health, 4052 Bald Cypress Way, Bin C18, Tallahassee, Florida 32399-1738, [phone], ext. 2733; email lisa_walker2@ doh.state.fl.us; Fax [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64E-2.001 Definitions.

(1) through (15) No change.

(16) “Operate” “Operates” or “Operation” – means providing, offering to provide, soliciting, or advertising prehospital or interfacility ALS services or BLS transportation services as further described in Rule 64E-2.032, F.A.C. For purposes of Section 401.25(2)(d), F.S., means performing services requiring licensure under Section 401.25(1), F.S., but does not include:

(a) Advertising the availability of services requiring licensure under Section 401.25(1), F.S., for a county in which the advertiser is a licensee;

(b) Proposing to engage in services requiring licensure under Section 401.25(1), F.S.;

(c) Interfacility transfer between two counties by a licensee possessing a Certificate of Public Convenience and Necessity from only one of the counties if the other county does not prohibit such transfer or transport;

(d)  Transfer or transport by a licensee through, but not to or from, one or more counties;

(e) Transfer or transport by a licensee as part of a coordinated response to a disaster or a mass casualty incident;

(f) Transfer or transport by a licensee, after pickup of the patient not otherwise prohibited under Section 401.25(2)(d), F.S. and this rule, to an appropriate facility; or

(g) Transfer or transport by a licensee under an agreement sanctioned by the governing bodies of the affected counties.

(17) through (19) No change.

(20) “Transfer or transport” – Air, land or water vehicle transportation, by vehicles not exempted under Section 401.33, of sick or injured persons requiring or likely to require medical attention during such transportation.

(20) through (25) renumbered (21) through (25) No change.

Specific Authority 381.0011(13), 395.401, 395.4025(13), 395.405, 401.121, 401.35 FS. Law Implemented 381.0011, 395.401, 395.4001, 395.4015, 395.402, 395.4025, 395.403, 395.404, 395.4045, 395.405, 401.121, 401.211, 401.23, 401.25, 401.35, 401.435 FS. History–New 11-29-82, Amended 4-26-84, 3-11-85, 11-2-86, 4-12-88, 8-3-88, 8-7-89, 6-6-90, Formerly 10D-66.485, Amended 12-10-92, 11-30-93, 10-2-94, 1-26-97, Formerly 10D-66.0485, Amended 8-04-98, 7-14-99, 2-20-00, 11-3-02, 6-9-05, 10-24-05,_________.

 

64E-2.032 Certificate of Public Convenience and Necessity.

Specific Authority 401.35 FS. Law Implemented 401.23, 401.25, 401.251, 401.252, 401.33, 401.35, 401.411, 401.414, 401.421 FS. History–New 10-2-94, Amended 1-26-97, Formerly 10D-66.335, Amended 1-3-99, Repealed                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa M. Walker, Government Analyst, Bureau of Emergency Medical Services, Department of Health, 4052 Bald Cypress Way, Bin C18, Tallahassee, Florida 32399-1738, [phone], ext. 2733; email [e-mail]; Fax [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Jennifer Bencie Fairburn, M.D., M.S.A., Director Division of Emergency Medical Operations

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 26, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 17, 2006 and November 9, 2006