Department of Health, Board of Clinical Laboratory Personnel  

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    DEPARTMENT OF HEALTH
    Board of Clinical Laboratory Personnel

    RULE NO: RULE TITLE
    64B3-5.003: Technologist

    AMENDED NOTICE OF DISPOSITION

    The Board of Clinical Laboratory Personnel (“the Board”) hereby gives amended notice that it rendered an Order on November 29, 2007 granting the Amended Petition for Variance or Waiver of Rule 64B3-5.003, F.A.C., filed by Beulah F. Briones on October 16, 2007. The initial notice was published on December 21, 2007 in Vol. 33, No. 51 of the F.A.W. Rule 64B3-5.003, F.A.C., pertains to the qualifications necessary for obtaining a Technologist license, and notice of Ms. Briones’s Amended Petition was published on November 2, 2007 in Vol. 33, No. 44 of the F.A.W. The Board considered this matter during a duly-noticed, public meeting on November 16, 2007, and determined the Amended Petition should be granted on the following grounds:

    1.              Section 120.542(2), Florida Statutes (2007), provides that “[v]ariances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate the principles of fairness.”

    2.              Based on the documentation submitted by the Petitioner, the Board concluded the goals of the underlying statutes would be achieved by granting the requested variance. In addition, the Board also concluded the facts set forth in the Amended Petition demonstrated that denying the Petitioner’s request would amount to a “substantial hardship” and “violate the principles of fairness.”

    Copies of the petition may be obtained by written request from: Joe Baker, Jr., Executive Director, Board of Clinical Laboratory Personnel, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257.

Document Information

Related Rules: (1)
64B3-5.003. Technologist