The Council proposes the rule amendments to delete unnecessary language and address those violations appropriate for issuance of a citation.

DEPARTMENT OF HEALTH
Board of Medicine

RULE NO: RULE TITLE
64B8-55.002: Citations
PURPOSE AND EFFECT: The Council proposes the rule amendments to delete unnecessary language and address those violations appropriate for issuance of a citation.
SUMMARY: The rule amendments will delete unnecessary language and address those violations appropriate for issuance of a citation.
SUMMARY OF ESTIMATED REGULATORY COSTS: 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: 456.077(1),(2) FS.
LAW IMPLEMENTED: 456.072(3)(b), 456.077(1),(2), 478.51, 478.52 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Love, Executive Director, Board of Board of Medicine, Dietetics and Nutrition Council/MQA, 4052 Bald Cypress Way, Bin # C05, Tallahassee, Florida 32399-3255

THE FULL TEXT OF THE PROPOSED RULE IS:

64B8-55.002 Citations.

(1) through (2) No change.

(3) All citations include a requirement that the subject correct the violation, if remediable, within a specified period of time not to exceed 60 days, and impose whatever obligations necessary to remedy the offense. The citation may be served upon the licensee by hand delivery or certified mail at the licensee’s last known home address. If service by certified mail fails because the licensee had relocated without leaving a forwarding address, then the Department shall endeavor to give the subject actual or constructive notice of the pending disciplinary action as permitted by law.

(4) No change.

(5) The Board designates the following as electrology citations violations in laser or light based hair removal. Failure to have:

a. Written designation of laser                  First time violation $150,

safety officer                                            Subsequent violations
(64B8-51.006(g)(4), F.A.C.).                   $300

b. Appropriate sign on door                     First time violation $150,

of laser room as required by                      Subsequent violations
ANSI Standard Z136.1-2000,                   $300.

in effect on June 1, 2006, available

from American National Standards

Institute, 25 West 43rd Street,

4th Floor, New York, N.Y. 10036.

(64B51.006(3)(g)5., F.A.C.)

c. Cold water and ice                                 First time violation $150,
(64B8-51.006(g)(9), F.A.C.)                     Subsequent

                                                                   violation $300.

d. Lock on door of laser room                   First time violation
(64B8-51.006(g)(6), F.A.C.)                     $150, Subsequent
                                                                   violation $300.

e. Fire extinguisher in vicinity                    First time violation $150,
of laser room                                              Subsequent

(64B8-51.006(g)(8), F.A.C.)                     violation $300.

f. Written protocols that are                      First time violation
signed, dated, and maintained                    $200, Subsequent

in a readily available location                     violation $400.

on the premises where the
electrologist practices

(64B8-56.002(4)(a), F.A.C.)

g. Copy of protocols filed with                First time violation
the Department of Health                         $200, Subsequent
(64B-56.002(4)(a), F.A.C.)                       violation $400.

h. Professional liability coverage               First time violation
includes coverage for incidents                  $250, Subsequent

 arising from laser usage in an                    violation $500

amount not less than $100,000.

(64B8-56.002(4)(e), F.A.C.)

i. At least one piece of properly                First time violation $300,

registered laser equipment located              Subsequent violation

within the electrology facility                     $600.

(64B8-56.002 (1)(b), F.A.C.)

j. Protective eyewear for all                        First time violation $300,

persons in laser room during                       Subsequent violation
operation of laser.                                       $600.

(64B8-51.006(g)(7), F.A.C.

k. Proof of completion of 30 hours            First time violation $500,
of post-licensure education                        Subsequent violation

in laser hair removal for all                         $1000.

electrologists using laser

equipment in the facility

(64B8–52.004 F.A.C.)

l. Proof of certification as Certified            First time violation $500,

Medical Electrologist for all                       Subsequent

persons who use laser

equipment in the facility,                            violation $1000.

who are not exempt and are

licensed electrologists

(64B8-56.002(2)(b), F.A.C.)

(6)(5) In addition to the penalties established in this rule, the Department shall may recover the costs of investigation in accordance with its rules. When the Department intends to assess the costs of investigation, the The penalty specified in the citation shall be the sum of the penalty established by this rule plus the Department's cost of investigation.

(7)(6) No change.

Specific Authority 456.077(1),(2) FS. Law Implemented 456.072(3)(b), 456.077(1),(2), 478.51, 478.52 FS. History–New 11-16-93, Formerly 61F6-80.002, Amended 1-2-95, Formerly 59R-55.002, Amended 11-13-97. 10-12-98, 2-11-01, 2-20-02, 11-12-02, 7-16-03,                     .

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrolysis Council
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Medicine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 05, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 2, 2006