The Board proposes this rule amendment to dispense with the geographical distribution of probable cause cases because the Board has three panels that meet monthly, and there are not always present or former board members available from specific ...

 

DEPARTMENT OF HEALTH
Board of Nursing

RULE NO.: RULE TITLE:
64B9-8.001: The Probable Cause Panel

PURPOSE AND EFFECT: The Board proposes this rule amendment to dispense with the geographical distribution of probable cause cases because the Board has three panels that meet monthly, and there are not always present or former board members available from specific parts of the state.

SUMMARY: The purpose of this amendment is to take out the geographical assignments.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST:

During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that these rule amendments will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.073(1), (3), 464.006 FS.
LAW IMPLEMENTED: 456.073(4) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64B9-8.001 The Probable Cause Panel.

(1) The determination as to whether probable cause exists shall be made by a majority vote of a probable cause panel of the Board.

(2)(a) The Board establishes three probable cause panels of two persons each to be appointed by the Chairman of the Board. Each panel may have one former Board member serve, and at least one member of each panel must be an active licensee of the Board. No more than one member of each panel shall be a consumer member. One member of each panel shall be designated chairman. The Board may designate one panel to review the cases closed by the Department.

(b) One panel shall be designated as the North Florida probable cause panel and shall consist of members residing in the northern part of the state. Cases arising from the southern part of the state shall be referred to the North Florida panel.

(c) One panel shall be designated as the Central Florida probable cause panel and shall consist of members residing in the middle part of the state. Cases arising from the northern part of the state shall be referred to the Central Florida panel.

(d) One panel shall be designated as the South Florida probable cause panel and shall consist of members residing in the southern part of the state. Cases arising from the central part of the state shall be referred to the South Florida panel.

(e) It is the Board’s intent to distribute the workload equitably among the three panels and to conduct meetings in a geographically convenient and economical manner for the panel members. A panel may refuse to consider a case that clearly belongs to another panel. However, it is not the intent of the Board to require mathematical and geographic precision. That one panel acted on a case which arguably should have been considered by another shall not be grounds to invalidate that panel’s action.

(3)(f) If a case needs to be reconsidered by the probable cause panel for any reason, the case must be taken to the panel which initially considered it.

(4)(2) The panel shall:(a) sSuggest penalties for inclusion in any stipulations between the Department and the licensee, based on the material submitted by the Department, the Board’s past treatment of similar cases, and the Board’s disciplinary guidelines. All stipulations and terms shall be subject to approval or rejection by the full Board.

(b) Receive interim reports from the probation supervisor to consider referring potential problem probationers to the full Board or for further investigation and a probable cause determination.

(5)(3) The panel may consider and recommend rules concerning disciplinary actions, procedures, and penalties to the full Board.

Rulemaking Authority 456.073(1), (3), 464.006 FS. Law Implemented 456.073(4) FS. History–New 11-28-79, Amended 11-22-84, Formerly 21O-10.04, Amended 4-8-92, 9-22-92, Formerly 21O-10.004, 61F7-8.001, Amended 5-1-95, Formerly 59S-8.001, Amended 8-18-98, 4-28-99,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 3, 2010

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2010