The hereby gives notice of issuance of an Order regarding the Emergency Petition for Variance or Waiver, filed August 14, 2014, by Shane E. Potter. The Notice of Petition for Waiver or Variance was published in August 25, 2014, Vol. 40, No. 165, of ...

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NO.:RULE TITLE:

64B10-11.007College Training in Health Administration

The Board of Nursing Home Administrators hereby gives notice of issuance of an Order regarding the Emergency Petition for Variance or Waiver, filed August 14, 2014, by Shane E. Potter. The Notice of Petition for Waiver or Variance was published August 25, 2014, in Vol. 40, No. 165, of the Florida Administrative Register. Petitioner requested a variance or waiver of the requirement in Rule 64B10-11.007, F.A.C., that the Petitioner complete the 60 semester hours of courses in specified subject areas in order to establish eligibility for licensure. The Board considered the Petition at a duly-noticed public meeting held on September 19, 2014, by telephone conference call.

The Board’s Order, filed October 7, 2014, denied the petition finding that it fails to demonstrate that Petitioner’s situation constitutes an emergency. Further, it fails to satisfy the requirements of §120.542, F.S., and Rules 28-104.002 and 28-104.004, F.A.C., which specify the information which must be included in the Petition, including failure to identify the underlying statute; explain how the Petitioner has achieved the purposes of the underlying statute by other means; or explain how application of Rule 64B10-11.007, F.A.C., would constitute an undue hardship on Petitioner or violate principles of fairness.

A copy of the Order or additional information may be obtained by contacting: Adrienne Rodgers, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, [phone], [e-mail].