To provide for staggered terms for council members, eliminate the quorum requirement, and clarify the annual report.

 

DEPARTMENT OF HEALTH

Council of Licensed Midwifery

RULE NO.:RULE TITLE:

64B24-1.004Terms, Meetings, Quorum, and Absences.

PURPOSE AND EFFECT:  To provide for staggered terms for council members, eliminate the quorum requirement, and clarify the annual report.

SUMMARY: The rule is being amended to provide for staggered terms for council members, eliminate the quorum requirement which is not necessary for an advisory council, and clarify the annual report.   

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

RULEMAKING AUTHORITY:  467.005, FS.

LAW IMPLEMENTED:  456.011(3), 467.004, 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:  Claudia Kemp, Executive Director, 4052 Bald Cypress Way, Bin C-06, Tallahassee, FL 32399-3256, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B24-1.004 Terms, Meetings, Quorum, and Absences, and Reports.

(1) Council members are appointed for staggered terms of four years and each may be reappointed for one additional consecutive term.  The Surgeon General shall determine the date of the appointment for purposes of staggering the terms. 

(2)(1) The council shall hold such meetings during the year as it may deem necessary, one of which shall be the annual meeting at which the chairperson and vice-chairperson shall be elected. The department, the chairperson or a quorum of the council shall have the authority to call other meetings.

(3)(2) Fifty-one percent (51%) or more of the appointed members of the council shall constitute a quorum necessary to transact business. The business of the council shall be conducted according to The Standard Code of Parliamentary Procedure.

(4)(3) Three consecutive unexcused absences, or absences constituting 50 percent or more of the council’s meetings within any 12-month period shall cause the council membership of the member in question to become void, and the position shall to be considered vacant pursuant to Section 456.011(3), Florida Statutes. For the purposes of this rule, an absence shall be deemed unexcused excused if the council member member’s has not received approval of the Chair or the Chair’s designee prior to missing the meeting absence is caused by a health problem or condition verified in writing by a physician, or by an accident or similar unforeseeable tragedy or event, and the council member submits to the Executive Director a statement in writing attesting to the event and its circumstances prior to the next council meeting.

(5) The council shall prepare an annual report by November 1 for the preceding fiscal year which shall contain information including, but not limited to, major activities, rule recommendations, council meetings, education efforts and activities, status of midwifery practice in other states, safety recommendations and a review of the data elements collected from the annual midwife reports.  A fiscal year begins on July 1 of each year and ends June 30 of the succeeding year.

Rulemaking Authority 467.005 FS. Law Implemented 456.011(3), 456.026, 467.004 FS. History–New 1-26-94, Formerly 61E8-1.004, 59DD-1.004, Amended 11-21-02,            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Claudia Kemp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR:  August 12, 2015