To amend the rule to clarify the process for department to request review of expert or technical credentials and retain experts and consultants.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.: RULE TITLE:

64B-3.008: Board Expert or Technical Advice

PURPOSE AND EFFECT: To amend the rule to clarify the process for department to request review of expert or technical credentials and retain experts and consultants.

SUMMARY: This rulemaking clarifies the process for requesting review of expert or technical credentials and retaining experts and consultants.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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.

RULEMAKING AUTHORITY: 456.004 FS.

LAW IMPLEMENTED: 456.004(6), (8), 456.073 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lucy Gee, Division Director, Division of Medical Quality Assurance, 4052 Bald Cypress Way, Bin #C-00, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B-3.008 Board Expert or Technical Advice.

The department shall contact the appropriate board for expert or technical advice as follows:

(1) The department may request the appropriate board or its designated probable cause panel shall be asked to review expert or technical credentials of and shall approve all new expert witnesses with whom the department intends to enter into an agreement to provide services to support its investigations, inspections and prosecutions.

(2) When As needed by the department, the board shall be asked to recommend an expert or experts for the department to consider for inspections, enforcement investigations, deposition or hearing testimony, or in other areas where the department determines a need for substantive expert or technical advice, such experts or consultants shall be retained through contract or agreement.

Rulemaking Authority 456.004 FS. Law Implemented 456.004(6),(8), 456.073 FS. History–New 1-10-10, Amended____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lucy Gee, Division Director, Division of Medical Quality Assurance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 12, 2018